Sec. 7046.

903 words·~4 min read·/bill/115/s/1780/pcs/section-7046

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Of the funds appropriated by this Act under titles III and IV, not less than $105,325,000 shall be made available for assistance for Georgia. Of the funds appropriated by this Act under titles III and IV, not less than $420,780,000 shall be made available for assistance for Ukraine. 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: , That except as otherwise provided in section 7070(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 , 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. Provided further 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 ( 22 U.S.C. 2421 ); 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 Overseas Private Investment Corporation under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2191 et seq.); any financing provided under the Export-Import Bank Act of 1945 ( Public Law 79–173 ); or humanitarian assistance.

None of the funds appropriated or otherwise made available under this Act may be used to facilitate or support the sale of defense articles or services to the Turkish Presidential Protection Directorate under section 4 of the Arms Export Control Act ( 22 U.S.C. 2754 ), unless the Secretary of State certifies and reports to the appropriate congressional committees that the Government of Turkey is taking steps to— govern democratically and protect the rights of minorities and women; implement reforms that protect freedoms of expression, association, and assembly, including the ability of civil society organizations, political opposition parties, and the media to function without interference; and release political prisoners and provide detainees with due process of law.

Nothing in this subsection shall be construed to prevent or limit the use of funds appropriated or otherwise made available under this Act for border security purposes, or for NATO or coalition operations. The Secretary of State shall deny entry into the United States to any senior official of the Government of Turkey about whom the Secretary has credible information is knowingly responsible for the wrongful or unlawful prolonged detention of citizens or nationals of the United States.

The Secretary shall also identify officials of the Government of Turkey about whom the Secretary has such credible information without regard to whether the individual has applied for a visa. Individuals shall not be subject to paragraph

(1)if their entry into the United States would further important United States national security or law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement or other international obligations: , That nothing in paragraph

(1)may be construed to derogate from United States Government international obligations. Provided The Secretary may waive the application of paragraph

(1)if the Secretary determines that the waiver would serve a United States national interest or that the circumstances which caused the individual to be denied entry have changed sufficiently. Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit a report, including a classified annex if necessary, to the Committees on Appropriations describing the information related to the prolonged detention of United States citizens or nationals described in paragraph

(1)and the individuals identified by the Secretary pursuant to paragraph (2), or who would be subject to paragraph

(1)but for the application of paragraph (3), and containing a list of any waivers provided under paragraph

(4)and the justification for each waiver. Any unclassified portion of the report required under paragraph

(5)shall be posted on the Department of State website. Section 7031(c) of this Act shall be applied to officials of the Government of Azerbaijan about whom the Secretary of State has credible information have been involved in the wrongful imprisonment of Mehman Aliyev, the director of Turan, Azerbaijan’s last remaining independent news outlet. Section 216(a)(2)(B)(i) of the Russia Sanctions Review Act of 2017 (part 1 of subtitle A of title II of Public Law 115–44 ) is amended— in subclause (III), by striking ; and and inserting a semicolon; and by adding at the end the following new subclause: the Sergei Magnitsky Rule of Law Accountability Act of 2012 (title IV of Public Law 112–208 ; 22 U.S.C. 5811 note); and .

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