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Code · BILL · 116th Congress · H.R. 7608 (Engrossed in House) — Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year endin... · Sec. 7046

Sec. 7046.

818 words·~4 min read·/bill/116/hr/7608/eh/section-7046

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Of the funds appropriated by this Act under titles III and IV, not less than $132,025,000 shall be made available for assistance for Georgia. Of the funds appropriated by this Act under the heading Assistance to Europe, Eurasia and Central Asia and made available for assistance for the central Government of Georgia, 15 percent may not be obligated until the Secretary of State determines and reports to the Committees on Appropriations that such government is taking effective steps to— strengthen democratic institutions as described under this section in the report accompanying this Act; combat corruption within the government, including in the application of anti-corruption laws and regulations; and ensure the rule of law in the private sector is consistent with internationally recognized standards, including protecting the rights of foreign businesses to operate free from harassment and to fully realize all due commercial and financial benefits resulting from investments made in Georgia.
The withholding in paragraph
(2)of this subsection shall not apply to programs that support democracy, the rule of law, civil society and the media, or programs to reduce gender-based violence and to protect vulnerable populations. The Secretary may waive the application of paragraph
(2)if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national interest of the United States, including a description of the national interest served. Of the funds appropriated by this Act under titles III and IV, not less than $453,000,000 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: Provided , That except as otherwise provided in section 7047(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 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; 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 made available by this Act may be used to facilitate or support the sale of defense articles or defense services to the Turkish Presidential Protection Directorate
(TPPD)under Chapter 2 of the Arms Export Control Act ( 22 U.S.C. 2761 et seq.) unless the Secretary of State determines and reports to the appropriate congressional committees that members of the TPPD who are named in the July 17, 2017, indictment by the Superior Court of the District of Columbia, and against whom there are pending charges, have returned to the United States to stand trial in connection with the offenses contained in such indictment or have otherwise been brought to justice: Provided , That the limitation in this paragraph shall not apply to the use of funds made available by this Act for border security purposes, for North Atlantic Treaty Organization or coalition operations, or to enhance the protection of United States officials and facilities in Turkey. 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 no longer possesses the Russian S–400 missile defense system or any other equipment, materials, or personnel associated with such system and has provided credible assurances that the Government of Turkey will not in the future accept delivery of such system.
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  • Pub. L. 79-173
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