Sec. 7034.

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Funds appropriated in titles III and VI of this Act that are made available for victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking, may be made available notwithstanding any other provision of law. Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $10,000,000 shall be made available for forensic anthropology assistance related to the exhumation and identification of victims of war crimes, crimes against humanity, and genocide, which shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State:

Provided , That such funds shall be in addition to funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for assistance for countries. Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement , not less than $10,000,000 shall be made available for DNA forensic technology programs to combat human trafficking in Central America and Mexico. Of the funds appropriated by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement , not less than $5,000,000 shall be made available for programs to prevent atrocities, including to implement recommendations of the Atrocities Prevention Board:

Provided , That funds made available pursuant to this subsection are in addition to amounts otherwise made available for such purposes: Provided further , That such funds shall be subject to the regular notification procedures of the Committees on Appropriations. Funds managed by the Bureau for Humanitarian Assistance, United States Agency for International Development, from this or any other Act, may be made available as a general contribution to the World Food Programme, notwithstanding any other provision of law.

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.). 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.

Of the funds appropriated by this Act under the headings Development Assistance and Economic Support Fund that are made available for private sector partnerships, up to $50,000,000 may remain available until September 30, 2023: Provided , That funds made available pursuant to this paragraph may only be made available following prior consultation with the appropriate congressional committees, and the regular notification procedures of the Committees on Appropriations. Of the amounts made available by title I of this Act under the heading Diplomatic Programs , up to $500,000 may be made available for grants pursuant to section 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d ), including to facilitate collaboration with indigenous communities, and up to $1,000,000 may be made available for grants to carry out the activities of the Cultural Antiquities Task Force.

The USAID Administrator may use funds appropriated by this Act under title III to make innovation incentive awards in accordance with the terms and conditions of section 7034(e)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 ): Provided , That each individual award may not exceed $100,000: Provided further , That no more than 15 such awards may be made during fiscal year 2021. 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.

Notwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 ( 22 U.S.C. 2452b ), funds appropriated by this Act under the heading Diplomatic Programs for this fiscal year may be made available for United States participation in international fairs and expositions abroad, including for construction and operation of United States pavilions or other major exhibits, subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations:

Provided , That any such funds shall be made available on a cost matching basis from sources other than the United States Government, to the maximum extent practicable: Provided further , That funds made available pursuant to this paragraph may not be used to reimburse any participation in international fairs and expositions abroad that took place prior to the date of enactment of this Act: Provided further , That the Office of Inspector General, Department of State, shall conduct a financial and performance audit and issue a report on the use of such authority.

Notwithstanding any other provision of law, the President is authorized to accept the statutes of, and to maintain membership of the United States in, the United Nations World Tourism Organization, and the United States' assessed contributions to maintain such membership may be paid from funds appropriated for Contributions to International Organizations . Prior to initiating a partner vetting program, or making significant changes to the scope of an existing partner vetting program, the Secretary of State and USAID Administrator, as appropriate, shall consult with the Committees on Appropriations:

Provided , That the Secretary and the Administrator shall provide a direct vetting option for prime awardees in any partner vetting program initiated or significantly modified after the date of enactment of this Act, unless the Secretary of State or USAID Administrator, as applicable, informs the Committees on Appropriations on a case-by-case basis that a direct vetting option is not feasible for such program. During fiscal year 2021, the President may use up to $125,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law.

The Secretary of State should withhold funds appropriated under the heading Economic Support Fund and under title IV of this Act for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980: Provided , That the Secretary shall report to the Committees on Appropriations within 15 days of withholding funds under this subsection.

The Secretary of State may transfer to, and merge with, funds under the heading Protection of Foreign Missions and Officials unobligated balances of expired funds appropriated under the heading Diplomatic Programs for fiscal year 2021, except for funds designated for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985, at no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated:

Provided , That not more than $50,000,000 may be transferred. Funds made available by this Act under the heading Economic Support Fund to counter extremism may be made available notwithstanding any other provision of law restricting assistance to foreign countries, except sections 502B, 620A, and 620M of the Foreign Assistance Act of 1961: Provided , That the use of the authority of this subsection shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations.

The Secretary of State shall implement section 203(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( Public Law 110–457 ): Provided , That in addition to suspension on the basis of an unpaid default or final civil judgment directly or indirectly related to human trafficking against the employer or a family member assigned to an embassy, suspension on this basis should also apply to an employer or family member assigned to any diplomatic mission, or any international organization:

Provided further , That the Secretary of State should assist in obtaining payment of final court judgments awarded to A–3 and G–5 visa holders, including encouraging the sending states to provide compensation directly to victims: Provided further , That the Secretary shall include in the Trafficking in Persons annual report a concise summary of each trafficking case involving an A–3 or G–5 visa holder that meets one or more of the following criteria:

(1)a final court judgment (including a default judgment) issued against a current or former employee of such diplomatic mission or international organization;

(2)the issuance of a T-visa to the victim; or

(3)a request by the Department of State to the sending state that immunity of individual diplomats or family members be waived to permit criminal prosecution. Section 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) ) shall be applied by substituting September 30, 2021 for September 30, 2010 . The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2021. Section 625(j)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1) ) shall be applied by substituting September 30, 2021 for October 1, 2010 in subparagraph (B). Subject to the limitation described in subparagraph (B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2021. The authority described in subparagraph

(A)may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 )) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 ) is amended— in section 599D ( 8 U.S.C. 1157 note)— in subsection (b)(3), by striking and 2020 and inserting 2020, and 2021 ; and in subsection (e), by striking 2020 each place it appears and inserting 2021 ; and in section 599E(b)(2) ( 8 U.S.C. 1255 note), by striking 2020 and inserting 2021 . The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 ) shall remain in effect through September 30, 2021, and may be used to facilitate the assignment of persons for oversight of programs in Syria, South Sudan, Yemen, Somalia, and Venezuela. The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) ) shall remain in effect for facilities in Afghanistan through September 30, 2021, except that the notification and reporting requirements contained in such section shall include the Committees on Appropriations. 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. Section 7081(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 ) shall continue in effect during fiscal year 2021. The Inspector General of the Department of State may waive the provisions of subsections

(a)through

(d)of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ) on a case-by-case basis for an annuitant reemployed by the Inspector General on a temporary basis, subject to the same constraints and in the same manner by which the Secretary of State may exercise such waiver authority pursuant to subsection

(g)of such section. Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— in the heading, by striking and inserting 2015 through 2020 ; 2015 through 2021 in the matter preceding clause (i), by striking 22,500 and inserting 26,500 ; and in clauses

(i)and (ii), by striking December 31, 2021 and inserting December 31, 2022 . Funds appropriated by this Act that are made available for monitoring and evaluation of assistance under the headings Development Assistance , International Disaster Assistance , and Migration and Refugee Assistance shall, as appropriate, be made available for the regular collection of feedback obtained directly from beneficiaries to enhance the quality and relevance of such assistance: Provided , That the Department of State and USAID shall establish, and post on their respective websites, updated procedures for implementing partners that receive funds under such headings for regularly collecting and responding to such feedback, including guidelines for the reporting on actions taken in response to the feedback received: Provided further , That the Department of State and USAID shall regularly conduct oversight to ensure that such feedback is regularly collected and used by implementing partners to maximize the cost-effectiveness and utility of such assistance. Funds appropriated under the headings Economic Support Fund and Assistance for Europe, Eurasia and Central Asia by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees for Egypt, Jordan, Tunisia, and Ukraine, which are authorized to be provided: Provided , That amounts made available under this paragraph for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country. Funds made available pursuant to paragraph

(1)from prior Acts making appropriations for the Department of State, foreign operations, and related programs that were previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act. 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. Of the funds appropriated by this Act under the headings Development Assistance and Economic Support Fund , not less than $50,000,000 shall be made available for Local Works pursuant to section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ), which may remain available until September 30, 2025. 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. 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. 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. 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. In this Act, the term USAID means the United States Agency for International Development. 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. Any reference to a particular USAID operating unit or office in this or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be deemed to include any successor operating unit or office performing the same or similar functions. Except as expressly provided otherwise, any reference to this Act contained in titles I through VIII shall be treated as referring only to the provisions of such titles.

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