H.R. 4665 — what changed
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024
From Engrossed in House to Placed on Calendar Senate. 7 sections amended between Engrossed in House and Placed on Calendar Senate.
Sec. 7011
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No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided by this Act: Provided, That funds appropriated for the purposes of chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control Act (22 U.S.C. 2763), and funds made available for “United States International Development Finance Corporation” and under the heading “Assistance for Europe, Eurasia and Central Asia” shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially allocated or obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That the Secretary of State and the Administrator of the United States Agency for International Development shall provide a report to the Committees on Appropriations not later than October 31, 2024, detailing by account and source year, the use of this authority during the previous fiscal year: Provided further, That any funds obligated for an additional period of availability pursuant to this section 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: Provided further, That any notification submitted pursuant to the previous proviso shall indicate the source year of funds, the purpose of initial obligation, the reason for de-obligation, and the purpose for re-obligation.
Sec. 7030
Insecure communications networks— Funds appropriated by this Act shall be made available for programs, including through the Digital Connectivity and Cybersecurity Partnership, to—
advance the adoption of secure, next-generation communications networks and services, including 5G, and cybersecurity policies, in countries receiving assistance under this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs;
counter the establishment of insecure communications networks and services, including 5G, promoted by the People’s Republic of China and other state-backed enterprises that are subject to undue or extrajudicial control by their country of origin; and
provide policy and technical training on deploying open, interoperable, reliable, and secure networks to information communication technology professionals in countries receiving assistance under this Act, as appropriate:
CHIPS for america international technology security and innovation fund—
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Within 45 days of enactment of this Act, the Secretary of State shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund for fiscal year 2024 pursuant to the transfer authority in section 102(c)(1) of the CHIPS Act of 2022 (division A of Public Law 117–167), to the accounts specified and in the amounts specified, in the table titled “CHIPS for America International Technology Security and Innovation Fund” in the report accompanying this Act: Provided, That such funds shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further, That amounts transferred to the Export-Import Bank of the United States and the United States International Development Finance Corporation pursuant to the transfer authority in section 102(c)(1) of the CHIPS Act of 2022 (division A of Public Law 117–167) may be made available for the costs of direct loans and loan guarantees, including the cost of modifying such loans, as defined in section 502 of the Congressional Budget Act of 1974.
Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under section 102(c)(2) of the CHIPS Act of 2022 if there is in effect an Act making or continuing appropriations for part of a fiscal year for the Department of State, Foreign Operations, and Related Programs: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation, apportionment, or allotment of amounts for continuing administration of programs allocated using funds transferred from the CHIPS for America International Technology Security and Innovation Fund, which may be allocated pursuant to the transfer authority in section 102(c)(1) of the CHIPS Act of 2022 only in amounts that are no more than the allocation for such purposes in paragraph (1) of this subsection.
Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of State shall submit to the Committees on Appropriations proposed allocations by account and by program, project, or activity, with detailed justifications, for amounts made available under section 102(c)(2) of the CHIPS Act of 2022 for fiscal year 2025.
The Secretary of State shall provide the Committees on Appropriations quarterly reports on the status of balances of projects and activities funded by the CHIPS for America International Technology Security and Innovation Fund for amounts allocated pursuant to paragraph (1) of this subsection, including all uncommitted, committed, and unobligated funds.
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.
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.
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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.
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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.
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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. 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. 7045
Assistance for Latin America and the Caribbean—
Assistance— Funds appropriated by this Act under titles III and IV and made available for countries in Latin America and the Caribbean shall be prioritized for countries and programs that are—
countering fentanyl and other narcotics trafficking;
respecting norms of democracy, constitutional order, and human rights;
cooperating in the countering of regional and global authoritarian threats; and
demonstrating commitment and progress in offsetting large-scale migration and human trafficking from or through the Western Hemisphere.
Strategic priorities— Not later than 30 days after the date of enactment of this Act, the Secretary of State shall consult with the appropriate congressional committees on a hemispheric plan to further the strategic priorities contained in paragraph (1): Provided, That such plan shall include baseline definitions for the requirements in subparagraphs (A), (B), (C), and (D).
Central America—
Assistance— Funds appropriated under titles III and IV of this Act shall be made available for assistance for countries in Central America, including Panama and Costa Rica, and shall be allocated to address the unique circumstances of each country in support of United States security interests in the region.
Limitation on Assistance to Certain Central Governments—
Of the funds made available pursuant to paragraph (1), 50 percent of such funds that are made available for assistance for each of the central governments of El Salvador, Guatemala, and Honduras, may only be obligated after the Secretary of State certifies and reports to the Committees on Appropriations that such government is—
cooperating with the United States to counter drug trafficking, human trafficking and smuggling, and other illicit transnational crime;
cooperating with the United States and other governments in the region to facilitate the return, repatriation, and reintegration of migrants arriving at the southwest border of the United States who do not qualify for asylum, consistent with international law;
taking demonstrable actions to secure national borders and stem mass migration towards Mexico and the United States, including positive governance related to combating crime and violence, building economic opportunity, improving services, and protecting human rights;
improving strategies to combat money laundering and other global financial crimes, and counter corruption, including investigating and prosecuting government officials, military personnel, and police officers credibly alleged to be corrupt;
improving rule of law and taking positive steps to counter impunity; and
improving the conditions for businesses to operate and invest, including investment-friendly tax reform, transparent and expeditious dispute resolution, and legal frameworks protecting private property rights.
Exceptions— The limitation of subparagraph (A) shall not apply to funds appropriated by this Act that are made available for—
judicial entities to combat corruption and impunity;
investigation of human rights abuses;
support for women’s economic empowerment;
prevention of violence against women and girls;
security assistance to combat transnational crime, including narcotics trafficking;
security assistance to protect national borders; and
security assistance associated with migration protection.
Colombia—
Limitation— None of the 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 Colombia may be made available for—
reparation payments or cash subsidies outlined in the 2016 Peace Accords; and
alternative development assistance on properties where substances deemed illegal under the Controlled Substance Act of 1970 are grown, produced, imported, or distributed.
Oversight— Of the 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”, up to $1,000,000 may be used by the Inspector General of the United States Agency for International Development for audits and other activities related to compliance with the limitations in paragraph (1): Provided, That such funds are in addition to funds otherwise available for such purposes.
Authority— Aircraft supported by funds made available 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.
Cuba—
Democracy programs— Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $30,000,000 shall be made available to promote democracy and strengthen civil society in Cuba, including to support political prisoners, and shall be administered by the United States Agency for International Development, the National Endowment for Democracy, and the Bureau for Democracy Human Rights and Labor, Department of State: Provided, That no funds shall be obligated for business promotion, economic reform, entrepreneurship, or any other assistance that is not democracy building as expressly authorized in the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 and the Cuban Democracy Act of 1992.
Office of Cuba Broadcasting— Not less than 50 percent of broadcast production of the Office of Cuba Broadcasting shall be allocated for medium- and short-wave broadcasting.
Cuban doctors—
Report— Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees listing the countries and international organizations for which the Secretary has credible information are directly paying the Government of Cuba for coerced and trafficked labor of Cuban medical professionals: Provided, That such report shall be submitted in unclassified form but may include a classified annex.
Limitation— None of the funds appropriated by this Act under title III may be made available for assistance for the central government of a country or international organization that is listed in the report required by paragraph (1).
Resumption of assistance— The Secretary may resume assistance to the government of a country or international organization listed in the report required by paragraph (1) if the Secretary determines and reports to the appropriate congressional committees that such government or international organization no longer pays the Government of Cuba for coerced and trafficked labor of Cuban medical professionals.
Facilitating irresponsible migration—
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None of the funds appropriated or otherwise made available by this Act may be used to encourage, mobilize, publicize, or manage mass-migration caravans towards the United States southwest border: Provided, That not later than 180 days after the date of enactment of this Act, the Secretary of State shall report to the appropriate congressional committees with analysis on the organization and funding of mass-migration caravans in the Western Hemisphere.
None of the funds appropriated or otherwise made available by this Act may be made available to designate foreign nationals residing in Mexico and awaiting entry into the United States on the Mexico side of the United States border as of May 19, 2023 for Priority 2 processing under the refugee resettlement priority system unless such Priority 2 designation is expressly authorized by a subsequent Act of Congress.
Haiti—
Assistance— Funds appropriated by this Act under titles III and IV shall be made available for assistance for Haiti to support the basic needs of the Haitian people.
Certification— Funds appropriated by this Act that are made available for assistance for Haiti may only be made available for the central Government of Haiti if the Secretary of State certifies and reports to the appropriate congressional committees by January 1, 2025 that credible elections have been held in Haiti and it is in the national interest of the United States to provide such assistance.
Exceptions— Notwithstanding paragraph (1), funds may be made available to support—
free and fair elections;
anti-gang police and administration of justice programs, including to reduce pre-trial detention and eliminate inhumane prison conditions;
public health, food security, subsistence farmers, water and sanitation, education, and other programs to meet basic human needs; and
disaster relief and recovery.
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 assistance for Haiti shall be subject to prior consultation with the Committees on Appropriations: Provided, That the requirement of this paragraph shall also apply to any funds from such Acts that are made available for support for an international security force in Haiti.
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.
Mexico—
Of the funds appropriated under title IV in this Act that are made available for assistance for Mexico, 15 percent shall be withheld from obligation until the Secretary of State certifies and reports to the appropriate congressional committees that the Government of Mexico has taken steps to—
reduce the amount of fentanyl arriving at the United States-Mexico border; and
dismantle and hold accountable transnational criminal organizations.
Prior to the initial obligation of funds made available for assistance for Mexico under the heading “Economic Support Fund”, but not later than 30 days after the date of enactment of this Act, the Secretary shall report to the appropriate congressional committees on how such funds are strategically aligned to address the proliferation of fentanyl and other opioids from Mexico to the United States.
Nicaragua— Funds appropriated by this Act that are made available for assistance for Nicaragua shall only be made available for democracy promotion, including to support religious freedom.
Organization of American states— The Secretary of State shall reduce funds appropriated by this Act under the headings “Development Assistance” and “Economic Support Fund” that are made available for assistance for Member States of the Organization of American States (OAS) by an amount equal to the amount of arrears in excess of 100 percent of 2023 assessed quotas, as of the date of enactment of this Act, and re-apply such amount to the Coordinating Office of the OAS General Secretariat: Provided, That the Secretary of State may waive the requirement of this subsection for a Member State if the Secretary determines and reports to the Committees on Appropriations that it is important to the national security interest of the United States.
The caribbean— Of the funds appropriated by this Act under titles III and IV, not less than $97,500,000 shall be made available for the Caribbean Basin Security Initiative: Provided, That funds made available above the fiscal year 2023 level shall be prioritized for countries within the transit zones of illicit drug shipments toward the United States, that have increased interdiction of illicit drugs, and are most directly impacted by the crisis in Haiti.
Venezuela—
Assistance—
Of the funds appropriated by this Act under the heading “Economic Support Fund”, $50,000,000 shall be made available for democracy programs for Venezuela.
Of the funds made available pursuant to subparagraph (A) that are allocated for electoral-related activities, 50 percent may only be obligated after the Secretary of State certifies and reports to the appropriate congressional committees that elections related to such activities—
allow for the diaspora from Venezuela to participate; and
are open for credible, unaccompanied international observation.
Funds shall be made available for assistance for communities in countries supporting or otherwise impacted by migrants from Venezuela: Provided, That such amounts are in addition to funds otherwise made available for assistance for such countries and are subject to the regular notification procedures of the Committees on Appropriations.
Limitations— None of the funds appropriated by this Act may be used to negotiate the lifting of sanctions on the purchase or trade of gold extracted from Venezuela until the Secretary of State submits a report to the appropriate congressional committees on human rights abuses, crimes against humanity involving Indigenous peoples, environmental harm, and patrimonial theft associated with state-sponsored and illegal gold extraction from Venezuela's Orinoco Mining Arc and in national parks and reserves in Venezuela, including the Canaima National Park, and following consultation with such committees.
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Withholding— Of the funds appropriated by this Act under the heading “Diplomatic Programs” and made available for the Office of the Secretary, 15 percent shall be withheld from obligation until the Secretary of State reports to the appropriate congressional committees that negotiations have begun with each of the governments listed in section 302 of H.R. 2, as passed by the House of Representatives on May 5, 2023, to carry out the directives of such section: Provided, That such report shall detail the status of such negotiations with each government.
Sec. 7046
Georgia— Funds appropriated by this Act under titles III and IV may be made available for assistance for Georgia.
Ukraine—
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Strategy Requirement— Not later than 60 days after the date of enactment of this Act, the President shall submit to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the appropriate congressional committees a strategy to prioritize United States national security interests and respond to Russian aggression in Ukraine and its impact on the region, which shall include an explanation of how United States assistance for Ukraine and affected countries in the region advances the objectives of such strategy: Provided, That such strategy shall include clear goals, benchmarks, timelines, and strategic objectives with respect to 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 Ukraine: Provided further, That such strategy shall also include details on the staffing requirements necessary to carry out such strategy.
Purpose—
Funds appropriated under titles I and II of this Act shall be made available to support additional staff in Ukraine and neighboring countries to conduct monitoring and oversight of funds and ensure the safety and security of United States personnel.
Funds appropriated under titles III through VI of this Act and made available for assistance for Ukraine shall only be made available to support the ability of the Government of Ukraine to—
defend their sovereignty and withstand the impacts of Russia’s invasion;
combat corruption; and
promote transparency and democracy.
In-person Monitoring— Funds appropriated by this Act under the headings “Economic Support Fund”, “Assistance for Europe, Eurasia and Central Asia”, “International Narcotics Control and Law Enforcement”, and “Nonproliferation, Anti-Terrorism, Demining and Related Programs”, and made available for project-based assistance for Ukraine may not be obligated for any project or activity that is—
not regularly accessible for the purpose of conducting effective oversight in accordance with applicable federal statutes and regulations; and
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conducted in areas where project and resource disbursement monitoring cannot be performed by United States personnel or by vetted third party monitors unless the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, certifies and reports to the appropriate congressional committees that to do so is in the national security interest of the United States: Provided, That such report shall include a detailed justification for waiving such limitations.
Cost matching—
At any time during fiscal years 2024 and 2025, no United States contribution from funds appropriated under title III of this Act to the Government of Ukraine may cause the total amount of United States Government contributions from funds appropriated under title III of this Act to the Government of Ukraine to exceed 50 percent of the total amount of non-defense funds contributed to the Government of Ukraine from all sources.
The President may waive the limitation of subparagraph (A) if the President determines that the limitation included therein threatens the national security interest of the United States.
The President shall notify the appropriate congressional committees not less than 5 days before making the determination in subparagraph (B) and shall include in the notification—
a detailed justification as to why the limitation of subparagraph (A) threatens the national security interest of the United States; and
an explanation as to why other donors to the Government of Ukraine are unable to match United States assistance.
If the President makes the determination described in subparagraph (B), the Secretary of State shall submit a report to Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the appropriate congressional committees every 120 days for the duration of such determination detailing steps taken to increase other donor contributions and an update to the justification required by subparagraph (C).
Certification— Not later than 15 days prior to the initial obligation of funds made available for assistance for Ukraine under the headings “Economic Support Fund”, “Assistance for Europe, Eurasia and Central Asia”, “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-Terrorism, Demining and Related Programs”, and “Foreign Military Financing Program”, the Secretary of State, following consultation with the USAID Administrator, shall certify and report to the appropriate congressional committees that mechanisms for monitoring and oversight of funds are in place and functioning across all programs and activities to ensure accountability of such funds to prevent waste, fraud, abuse, diversion, and corruption, including such mechanisms as—
use of third-party monitors;
enhanced end-use monitoring;
external and independent audits and evaluations;
randomized spot checks; and
regular reporting on outcomes achieved and progress made toward stated program objectives.
Continuation— The requirements of section 1705 of the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117–328) shall apply to funds appropriated by this Act under title III that are made available for assistance for Ukraine for such purposes.
Notification requirement— Notifications submitted pursuant to the requirement of section 7015(f) of this Act with respect to assistance for Ukraine shall include for each program notified, as applicable—
the total amount made available for such program by account and fiscal year;
any amount that remains unobligated for such program;
any amount that is obligated but unexpended for such program; and
any amount committed but not yet notified for such program.
Obligation report— Not later than 60 days after the date of enactment of this Act and every 90 days thereafter until all such funds have been expended, the Secretary of State and the USAID Administrator shall provide a comprehensive report to the appropriate congressional committees on assistance for Ukraine since February 24, 2022 that includes total amounts—
made available by account and fiscal year;
that remain unobligated;
that is obligated but unexpended; and
that is committed but not yet notified.
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Oversight reports— Not later than 90 days after the date of enactment of this Act and every 90 days thereafter until all such funds have been expended, the Secretary of State, in coordination with the USAID Administrator, shall report to the appropriate congressional committees on the use and planned uses of funds provided for Ukraine, including categories and amounts, the intended results and the results achieved, a summary of other donor contributions, and a description of the efforts undertaken by the Secretary and Administrator to increase other donor contributions: Provided, That such reports shall also include the metrics established to measure such results and determine effectiveness of funds provided and a detailed description of coordination and information sharing with the Offices of the Inspectors General, including a full accounting of any reported allegations of waste, fraud, abuse, and corruption, steps taken to verify such allegations, and steps taken to address all verified allegations.
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Public availability— The requirements of paragraphs (1), (8), and (9) shall be publicly posted on the Department of State and the USAID website not later than 5 days after submission: Provided, That the reports shall be easily accessible and centrally located on such websites.
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.
Section 907 of the FREEDOM support act— Section 907 of the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to—
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;
any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961;
any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity;
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);
any financing provided under the Export-Import Bank Act of 1945 (Public Law 79–173); or
humanitarian assistance.
Turkey— None of the funds made available by this Act may be used to facilitate or support the sale of defense articles or defense services to the Turkish Presidential Protection Directorate (TPPD) under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) unless the Secretary of State determines and reports to the appropriate congressional committees that members of the TPPD who are named in the July 17, 2017, indictment by the Superior Court of the District of Columbia, and against whom there are pending charges, have returned to the United States to stand trial in connection with the offenses contained in such indictment or have otherwise been brought to justice: Provided, That the limitation in this paragraph shall not apply to the use of funds made available by this Act for the security of borders, for North Atlantic Treaty Organization or coalition operations, or to enhance the protection of United States officials and facilities in Turkey.
Sec. 7060
Basic education and higher education—
Basic education—
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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.
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.