Sec. 7035.

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Funds made available under titles III and IV of this Act to carry out the provisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve.

Funds appropriated by this Act under the heading Nonproliferation, Anti-terrorism, Demining and Related Programs shall be made available for the Counterterrorism Partnerships Fund for programs in areas liberated from, under the influence of, or adversely affected by, the Islamic State of Iraq and Syria or other terrorist organizations: , That such areas shall include the Kurdistan Region of Iraq: Provided , That prior to the obligation of funds made available pursuant to this paragraph, the Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of such funds:

Provided further , That funds made available pursuant to this paragraph shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. Provided further Consistent with the objectives of the Foreign Assistance Act of 1961 and the Arms Export Control Act, 1 percent of the funds appropriated by this Act under the headings Peacekeeping Operations and Foreign Military Financing Program shall be designated for combat casualty training and equipment.

The Secretary of State shall offer combat casualty care training and equipment as a component of any package of lethal assistance funded by this Act with funds appropriated under the headings Peacekeeping Operations and Foreign Military Financing Program : , That the requirement of this subparagraph shall apply to a country in conflict, unless the Secretary determines that such country has in place, to the maximum extent practicable, functioning combat casualty care treatment and equipment that meets or exceeds the standards recommended by the Committee on Tactical Combat Casualty Care:

Provided , That any such training and equipment for combat casualty care shall be made available through an open and competitive process. Provided further The Secretary of State shall offer training related to the requirements of international humanitarian law as a component of any package of lethal assistance funded by this Act with funds appropriated under the headings Peacekeeping Operations and Foreign Military Financing Program : , That the requirement of this paragraph shall not apply to a country that is a member of the North Atlantic Treaty Organization (NATO), is a major non-NATO ally designated by section 517(b) of the Foreign Assistance Act of 1961, or is complying with international humanitarian law:

Provided , That any such training shall be made available through an open and competitive process. Provided further Unobligated balances from funds appropriated by prior Acts making appropriations for the Department of State, foreign operations, and related programs, except for funds designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, under the headings International Narcotics Control and Law Enforcement and Peacekeeping Operations , shall be made available to increase the capacity of foreign military and law enforcement personnel to operate in accordance with appropriate standards relating to human rights and the protection of civilians as specified under this section in the explanatory statement accompanying this Act, following consultation with the Committees on Appropriations: , That funds made available pursuant to this paragraph shall be made available through an open and competitive process.

Provided Funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , and International Narcotics Control and Law Enforcement shall be made available for assistance to eliminate inhumane conditions and reduce pre-trial detention in foreign prisons and other detention facilities, notwithstanding section 660 of the Foreign Assistance Act of 1961, including not less than $20,000,000 under the heading International Narcotics Control and Law Enforcement : , That the Secretary of State and the USAID Administrator shall consult with the Committees on Appropriations on the proposed uses of such funds prior to obligation and not later than 60 days after enactment of this Act:

Provided , That such funds shall be in addition to funds otherwise made available by this Act for such purposes. Provided further In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability. Section 7034(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall continue in effect during fiscal year 2022.

Section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011) is amended by striking of this section and all that follows through the period at the end and inserting of this section after September 30, 2025. . Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act ( 22 U.S.C. 2763 ) may be used to provide financing to Israel, Egypt, the North Atlantic Treaty Organization (NATO), and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under such Act.

Not to exceed $900,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act ( 22 U.S.C. 2795(c)(2) ) for the purposes of the Special Defense Acquisition Fund (the Fund), to remain available for obligation until September 30, 2024: , That the provision of defense articles and defense services to foreign countries or international organizations from the Fund shall be subject to the concurrence of the Secretary of State. Provided Section 620M of the Foreign Assistance Act of 1961 (Limitation on Assistance to Security Forces) is amended as follows— In subsection (b), by striking Committee on Foreign Relations through Appropriations and inserting in lieu thereof appropriate congressional committees .

In subsection (c), by striking everything after and inserting— Duty to Inform.— If assistance to a foreign security force is provided in a manner in which the recipient unit or units cannot be identified prior to the transfer of assistance, the Secretary of State shall regularly provide a list of units prohibited from receiving assistance pursuant to this section to the recipient government and the appropriate congressional committees and, effective September 30, 2022, such assistance shall only be made available subject to a written agreement that the recipient government will comply with such prohibition.

In the event that assistance is withheld from any unit pursuant to this section, the Secretary of State shall promptly inform the foreign government and the appropriate congressional committees of the basis for such action and shall, to the maximum extent practicable, assist the foreign government in taking effective measures to bring the responsible members of the unit to justice. . After subsection (d), by inserting the following new subsection: For the purposes of subsection (d)(7), the term to the maximum extent practicable means that the identity of such units shall be made publicly available unless the Secretary of State, on a case-by-case basis, determines and reports to the appropriate congressional committees that public disclosure is not in the national security interest of the United States and provides a detailed justification for such determination, which may be submitted in classified form.

For the purposes of this section, appropriate congressional committees means the Committee on Foreign Relations and the Committee on Appropriations of the Senate, and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. . Prior to the signing of a new Letter of Offer and Acceptance

(LOA)involving funds appropriated under the heading Foreign Military Financing Program , the Secretary of State shall consult with each recipient government to confirm that the LOA between the United States and such recipient government complies with the purposes of section 4 of the Arms Export Control Act ( 22 U.S.C. 2754 ) and that the defense articles, services, and training procured with funds appropriated under such heading are consistent with United States national security and foreign policy interests. The Secretary of State shall promptly inform the appropriate congressional committees of any instance in which the Secretary of State has credible information that such assistance was used in a manner contrary to such agreement. None of the funds appropriated by this Act may be used to issue licenses, or assist another Federal agency in issuing licenses, for the sale or export of firearms or ammunition to a government security force in Mexico or Central America unless the Secretary of State determines and reports to the appropriate congressional committees that such government— is implementing end use agreements, including providing end user certificates, to prevent the transfer of such firearms or ammunition to individuals or units implicated in serious crimes or not authorized in such agreements or certificates to receive such items; and will maintain a record of the users of such firearms and ammunition for the purpose of regular audits. Funds appropriated by this Act should not be used to support any military training or operations that include child soldiers. Notwithstanding any other provision of law, demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the Secretary of State may prescribe. No military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments, and the agreement applicable to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; or such assistance, license, sale, or transfer is for the purpose of demilitarizing or permanently disposing of such cluster munitions. Of the funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act and made available for obligation for expenses incurred by the Department of Defense, Defense Security Cooperation Agency

(DSCA)during fiscal year 2022 pursuant to section 43(b) of the Arms Export Control Act ( 22 U.S.C. 2792(b) ), $25,000,000 shall be withheld from obligation until the DSCA, jointly with the Department of State, submits to the Committees on Appropriations the congressional budget justification for funds requested under the heading Foreign Military Financing Program for fiscal years 2022 and 2023, including the accompanying classified appendices. Funds appropriated by this Act should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd control purposes for a unit of a foreign security force if the Secretary of State has credible information that such unit uses excessive force to repress peaceful expression or assembly concerning corruption, harm to the environment, or the fairness of electoral processes, or in countries that the Secretary determines are undemocratic or undergoing democratic transition. Not later than 120 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2021, by country and purpose of assistance, under the headings Peacekeeping Operations , International Military Education and Training , and Foreign Military Financing Program . For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for training provided by the government of a country designated by section 517(b) of such Act ( 22 U.S.C. 2321k(b) ) as a major non-North Atlantic Treaty Organization ally: , That such third-country training shall be clearly identified in the report submitted pursuant to section 656 of such Act. Provided

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