Sec. 7034. special provisions

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## SEC. 7034 special provisions ###

(a)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. ###

(b)Forensic Assistance ####

(1)Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $19,000,000 shall be made available for forensic anthropology assistance related to the exhumation and identification of victims of war crimes, crimes against humanity, and genocide, which shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State: * Provided*, That such funds shall be in addition to funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for assistance for countries. ####

(2)Of the funds appropriated by this Act under the heading “International Narcotics Control and Law Enforcement”, not less than $10,000,000 shall be made available for DNA forensic technology programs to combat human trafficking in Central America and Mexico. ###

(c)Atrocities Prevention Of the funds appropriated by this Act under the headings “Economic Support Fund” and “International Narcotics Control and Law Enforcement”, not less than $5,000,000 shall be made available for programs to prevent atrocities: * Provided*, That funds made available pursuant to this subsection are in addition to amounts otherwise made available for such purposes: * Provided further*, That such funds shall be subject to the regular notification procedures of the Committees on Appropriations. ###

(d)World Food Programme Funds managed by the Bureau for Humanitarian Assistance, United States Agency for International Development, from this or any other Act, may be made available as a general contribution to the World Food Programme, notwithstanding any other provision of law. ###

(e)Directives and Authorities ####

(1)Research and training Funds appropriated by this Act under the heading “Assistance for Europe, Eurasia and Central Asia” shall be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by the Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 4501 et seq.). ####

(2)Genocide victims memorial sites Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” may be made available as contributions to establish and maintain memorial sites of genocide, subject to the regular notification procedures of the Committees on Appropriations. ####

(3)Private sector partnerships Of the funds appropriated by this Act under the headings “Development Assistance” and “Economic Support Fund” that are made available for private sector partnerships, including partnerships with philanthropic foundations, up to $50,000,000 may remain available until September 30, 2024: * 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. ####

(4)Additional authorities Of the amounts made available by 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 under the heading “Educational and Cultural Exchange Programs”, up to $1,000,000 may be made available for grants to carry out the activities of the Cultural Antiquities Task Force. ####

(5)Innovation The USAID Administrator may use funds appropriated by this Act under title III to make innovation incentive awards in accordance with the terms and conditions of section 7034(e)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116-6): * Provided*, That each individual award may not exceed $100,000: * Provided further*, That no more than 15 such awards may be made during fiscal year 2022. ####

(6)Development innovation ventures Funds appropriated by this Act under the heading “Development Assistance” and made available for the Development Innovation Ventures program may be made available for the purposes of chapter I of part I of the Foreign Assistance Act of 1961. ####

(7)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. ####

(8)Payments Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading “Diplomatic Programs”, 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. ####

(9)Transatlantic engagement Funds appropriated by this Act under the heading “Diplomatic Programs” are available for support of an institute for transatlantic engagement if legislation establishing such institute is enacted into law by September 30, 2022: * Provided*, That in the event that such legislation is not enacted into law by such date, the amounts described in this paragraph shall be available under the heading “Diplomatic Programs” for the purposes provided therein. ###

(f)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 of State or USAID Administrator, as applicable, informs the Committees on Appropriations on a case-by-case basis that a direct vetting option is not feasible for such program. ###

(g)Contingencies During fiscal year 2022, the President may use up to $145,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law. ###

(h)International Child Abductions The Secretary of State should withhold funds appropriated under 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. ###

(i)Transfer of Funds for Extraordinary Protection The Secretary of State may transfer to, and merge with, funds under the heading “Protection of Foreign Missions and Officials” unobligated balances of expired funds appropriated under the heading “Diplomatic Programs” for fiscal year 2022, at no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated: * Provided*, That not more than $50,000,000 may be transferred. ###

(j)Authority Funds made available by this Act under the heading “Economic Support Fund” to counter extremism may be made available notwithstanding any other provision of law restricting assistance to foreign countries, except sections 502B, 620A, and 620M of the Foreign Assistance Act of 1961: * Provided*, That the use of the authority of this subsection shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations. ###

(k)Protections and Remedies for Employees of Diplomatic Missions and International Organizations The terms and conditions of section 7034(k) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116-94) shall continue in effect during fiscal year 2022. ###

(l)Extension of Authorities ####

(1)Passport fees **[**[22 U.S.C. 214 note](/us/usc/t22/s214)**]** 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, 2022” for “September 30, 2010”. ####

(2)Incentives for critical posts The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 (Public Law 111-32) shall remain in effect through September 30, 2022. ####

(3)USAID civil service annuitant waiver **[**[22 U.S.C. 2385 note](/us/usc/t22/s2385)**]** 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, 2022” for “October 1, 2010” in subparagraph (B). ####

(4)Overseas pay comparability and limitation #####

(A)Subject to the limitation described in subparagraph (B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111-32) shall remain in effect through September 30, 2022. #####

(B)The authority described in subparagraph

(A)may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 (Public Law 111-32)) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia. ####

(5)Categorical eligibility The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) is amended— #####

(A)in section 599D (8 U.S.C. 1157 note)— ######

(i)in subsection (b)(3), by striking “and 2021” and inserting “2021, and 2022”; and ######

(ii)in subsection (e), by striking “2021” each place it appears and inserting “2022”; and #####

(B)in section 599E(b)(2) (8 U.S.C. 1255 note), by striking “2021” and inserting “2022”. ####

(6)Inspector general annuitant waiver The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 (Public Law 111-212) shall remain in effect through September 30, 2022, and may be used to facilitate the assignment of persons for oversight of programs in Somalia, South Sudan, Syria, Venezuela, and Yemen. ####

(7)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. ####

(8)Accountability review boards **[**[22 U.S.C. 4831 note](/us/usc/t22/s4831)**]** 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, 2022, except that the notification and reporting requirements contained in such section shall include the Committees on Appropriations. ####

(9)Transfer of balances **[**[8 U.S.C. 1715 note](/us/usc/t8/s1715)**]** 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 2022. ####

(10)Department of state inspector general waiver authority The Inspector General of the Department of State may waive the provisions of subsections

(a)through

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

(g)of such section. ###

(m)Monitoring and Evaluation ####

(1)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 not later than 180 days after enactment of this Act, the Department of State and USAID shall post on their respective websites updated procedures for implementing partners that receive funds under such headings for regularly and systematically collecting and responding to such feedback, including guidelines for the reporting on actions taken in response to the feedback received: * Provided further*, That the Secretary of State and USAID Administrator 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. ####

(2)Ex-post evaluations Of the funds appropriated by this Act under titles III and IV, not less than $10,000,000 shall be made available for ex-post evaluations of the effectiveness and sustainability of United States Government-funded assistance programs. ###

(n)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, tuberculosis, and emerging infectious diseases to the same extent as HIV/AIDS pharmaceuticals and other products, subject to the terms and conditions in such section: * Provided*, That the authority in section 525(b)(5) of the Foreign Operations, Export Financing, and Related Programs Appropriation Act, 2005 (Public Law 108-447) shall be exercised by the Assistant Administrator for Global Health, USAID, with respect to funds deposited for such non-HIV/AIDS pharmaceuticals and other products, and shall be subject to the regular notification procedures of the Committees on Appropriations: * Provided further*, That the Secretary of State shall include in the congressional budget justification an accounting of budgetary resources, disbursements, balances, and reimbursements related to such fund. ###

(o)Loans, Consultation, and Notification ####

(1)Loan guarantees Funds appropriated under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees for Egypt, Jordan, Tunisia, and Ukraine, which are authorized to be provided: * Provided*, That amounts made available under this paragraph for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country. ####

(2)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. ###

(p)Local Works ####

(1)Funding Of the funds appropriated by this Act under the headings “Development Assistance” and “Economic Support Fund”, not less than $80,000,000 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, 2026. ####

(2)Eligible entities **[**[22 U.S.C. 2152i note](/us/usc/t22/s2152i)**]** 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. ###

(q)Extension of Procurement Authority Section 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112-74) shall continue in effect during fiscal year 2022. ###

(r)Section 889 For the purposes of obligations and expenditures made with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, the waiver authority in section 889(d)(2) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) may also be available to the Secretary of State, following consultation with the Director of National Intelligence: * Provided*, That not later than 60 days after enactment of the Act, the Secretary of State shall submit to the appropriate congressional committees a report detailing the use of the authority of this subsection since enactment of the Act, which shall include the scope and duration of any waiver granted, the entity covered by such waiver, and a detailed description of the national security interest served: * Provided further*, That such report shall be updated every 60 days until September 30, 2023. ###

(s)Impact on Jobs Section 7056 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116-260) shall continue in effect during fiscal year 2022. ###

(t)Definitions ####

(1)Appropriate congressional committees **[**[8 U.S.C. 1182 note](/us/usc/t8/s1182)**]** Unless otherwise defined in this Act, for purposes of this Act the term “appropriate congressional committees” means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives. ####

(2)Funds appropriated by this act and prior acts Unless otherwise defined in this Act, for purposes of this Act the term “funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs” means funds that remain available for obligation, and have not expired. ####

(3)International financial institutions **[**[22 U.S.C. 262h note](/us/usc/t22/s262h)**]** In this Act “international financial institutions” means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the International Fund for Agricultural Development, the Asian Development Bank, the Asian Development Fund, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, the African Development Fund, and the Multilateral Investment Guarantee Agency. ####

(4)Spend plan In this Act, the term “spend plan” means a plan for the uses of funds appropriated for a particular entity, country, program, purpose, or account and which shall include, at a minimum, a description of— #####

(A)realistic and sustainable goals, criteria for measuring progress, and a timeline for achieving such goals; #####

(B)amounts and sources of funds by account; #####

(C)how such funds will complement other ongoing or planned programs; and #####

(D)implementing partners, to the maximum extent practicable. ####

(5)Successor operating unit Any reference to a particular USAID 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 or office performing the same or similar functions. ####

(6)USAID **[**[22 U.S.C. 2151 note](/us/usc/t22/s2151)**]** In this Act, the term “USAID” means the United States Agency for International Development.

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