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Code · BILL · 116th Congress · H.R. 2839 (Reported in House) — Making appropriations for Department of State, foreign operations, and related programs for the fiscal year ending Se... · Sec. 7046

Sec. 7046.

1,175 words·~5 min read·/bill/116/hr/2839/rh/section-7046

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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 subsection (c)(1) of this section, 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 ( 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 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.
None of the funds appropriated by this Act may be made available for assistance for the central Government of the Russian Federation. None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea or other territory in Ukraine:
Provided , That except as otherwise provided in subsection (a), the Secretary may waive the restriction on assistance required by this subparagraph if the Secretary determines and reports to such Committees that to do so is in the national interest of the United States, and includes a justification for such interest. None of the funds appropriated by this Act may be made available for— the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea or other territory in Ukraine; the facilitation, financing, or guarantee of United States Government investments in Crimea or other territory in Ukraine under the control of Russian-backed separatists, if such activity includes the participation of Russian Government officials, or other Russian owned or controlled financial entities; or assistance for Crimea or other territory in Ukraine under the control of Russian-backed separatists, if such assistance includes the participation of Russian Government officials, or other Russian owned or controlled financial entities.
The Secretary of the Treasury shall instruct the United States executive directors of each international financial institution to vote against any assistance by such institution (including any loan, credit, or guarantee) for any program that violates the sovereignty or territorial integrity of Ukraine. The requirements and limitations of this subsection shall cease to be in effect if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Ukraine has reestablished sovereignty over Crimea and other territory in Ukraine under the control of Russian-backed separatists.
None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has recognized the independence of, or has established diplomatic relations with, the Russian occupied Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia: Provided , That the Secretary shall publish on the Department of State website a list of any such central governments in a timely manner:
Provided further , That the Secretary may waive the restriction on assistance required by this subparagraph if the Secretary determines and reports to the Committees on Appropriations that to do so is in the national interest of the United States, and includes a justification for such interest. None of the funds appropriated by this Act may be made available to support the Russian occupation of the Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia. The Secretary of the Treasury shall instruct the United States executive directors of each international financial institution to vote against any assistance by such institution (including any loan, credit, or guarantee) for any program that violates the sovereignty and territorial integrity of Georgia.
Of the funds appropriated by this Act under titles III and IV, not less than $280,000,000 shall be made available to carry out the purposes of the Countering Russian Influence Fund, as authorized by section 254 of the Countering Russian Influence in Europe and Eurasia Act of 2017 ( Public Law 115–44 ; 22 U.S.C. 9543 ) and notwithstanding the country limitation in subsection
(b)of such section, and programs to enhance the capacity of law enforcement and security forces in countries in Europe and Eurasia and strengthen security cooperation between such countries and the United States and the North Atlantic Treaty Organization, as appropriate. Funds appropriated by this Act and made available for assistance for the Eastern Partnership countries shall be made available to advance the implementation of Association Agreements and trade agreements with the European Union, and to reduce their vulnerability to external economic and political pressure from the Russian Federation. Funds appropriated by this Act shall be made available to support democracy programs, as defined in section 7032(c) of this Act, in the Russian Federation, countries along the Russian periphery, and other countries in Europe and Eurasia targeted by, or potentially vulnerable to, the malign influence campaigns of the Russian Federation: Provided , That not later than 90 days after the enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the Committees on Appropriations a multi-year strategy for such programs in the manner described under this section in the report accompanying this Act. None of the funds appropriated or otherwise made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, may be made available to transfer or deliver, or to facilitate the transfer or delivery of, F-35 aircraft to Turkey, including any defense articles or services related to such aircraft, until the Secretary of State certifies to the appropriate congressional committees that the Government of Turkey is not purchasing the S-400 missile defense system from Russia and will not accept the delivery of such system.
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