Sec. 7046.

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Funds appropriated by this Act under titles III and IV may be made available for assistance for Georgia. Not later than 60 days after the date of enactment of this Act, the President shall submit to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the appropriate congressional committees a strategy to prioritize United States national security interests and respond to Russian aggression in Ukraine and its impact on the region, which shall include an explanation of how United States assistance for Ukraine and affected countries in the region advances the objectives of such strategy:

That such strategy shall include clear goals, benchmarks, timelines, and strategic objectives with respect to funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for Ukraine: Provided, That such strategy shall also include details on the staffing requirements necessary to carry out such strategy. Provided further, Funds appropriated under titles I and II of this Act shall be made available to support additional staff in Ukraine and neighboring countries to conduct monitoring and oversight of funds and ensure the safety and security of United States personnel.

Funds appropriated under titles III through VI of this Act and made available for assistance for Ukraine shall only be made available to support the ability of the Government of Ukraine to— defend their sovereignty and withstand the impacts of Russia’s invasion; combat corruption; and promote transparency and democracy. Funds appropriated by this Act under the headings Economic Support Fund , Assistance for Europe, Eurasia and Central Asia , International Narcotics Control and Law Enforcement , and Nonproliferation, Anti-Terrorism, Demining and Related Programs , and made available for project-based assistance for Ukraine may not be obligated for any project or activity that is— not regularly accessible for the purpose of conducting effective oversight in accordance with applicable federal statutes and regulations; and conducted in areas where project and resource disbursement monitoring cannot be performed by United States personnel or by vetted third party monitors unless the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, certifies and reports to the appropriate congressional committees that to do so is in the national security interest of the United States:

That such report shall include a detailed justification for waiving such limitations. Provided, At any time during fiscal years 2024 and 2025, no United States contribution from funds appropriated under title III of this Act to the Government of Ukraine may cause the total amount of United States Government contributions from funds appropriated under title III of this Act to the Government of Ukraine to exceed 50 percent of the total amount of non-defense funds contributed to the Government of Ukraine from all sources.

The President may waive the limitation of subparagraph

(A)if the President determines that the limitation included therein threatens the national security interest of the United States. The President shall notify the appropriate congressional committees not less than 5 days before making the determination in subparagraph

(B)and shall include in the notification— a detailed justification as to why the limitation of subparagraph

(A)threatens the national security interest of the United States; and an explanation as to why other donors to the Government of Ukraine are unable to match United States assistance. If the President makes the determination described in subparagraph (B), the Secretary of State shall submit a report to Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the appropriate congressional committees every 120 days for the duration of such determination detailing steps taken to increase other donor contributions and an update to the justification required by subparagraph (C). Not later than 15 days prior to the initial obligation of funds made available for assistance for Ukraine under the headings Economic Support Fund , Assistance for Europe, Eurasia and Central Asia , International Narcotics Control and Law Enforcement , Nonproliferation, Anti-Terrorism, Demining and Related Programs , and Foreign Military Financing Program , the Secretary of State, following consultation with the USAID Administrator, shall certify and report to the appropriate congressional committees that mechanisms for monitoring and oversight of funds are in place and functioning across all programs and activities to ensure accountability of such funds to prevent waste, fraud, abuse, diversion, and corruption, including such mechanisms as— use of third-party monitors; enhanced end-use monitoring; external and independent audits and evaluations; randomized spot checks; and regular reporting on outcomes achieved and progress made toward stated program objectives. The requirements of section 1705 of the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117–328 ) shall apply to funds appropriated by this Act under title III that are made available for assistance for Ukraine for such purposes. Notifications submitted pursuant to the requirement of section 7015(f) of this Act with respect to assistance for Ukraine shall include for each program notified, as applicable— the total amount made available for such program by account and fiscal year; any amount that remains unobligated for such program; any amount that is obligated but unexpended for such program; and any amount committed but not yet notified for such program. Not later than 60 days after the date of enactment of this Act and every 90 days thereafter until all such funds have been expended, the Secretary of State and the USAID Administrator shall provide a comprehensive report to the appropriate congressional committees on assistance for Ukraine since February 24, 2022 that includes total amounts— made available by account and fiscal year; that remain unobligated; that is obligated but unexpended; and that is committed but not yet notified. Not later than 90 days after the date of enactment of this Act and every 90 days thereafter until all such funds have been expended, the Secretary of State, in coordination with the USAID Administrator, shall report to the appropriate congressional committees on the use and planned uses of funds provided for Ukraine, including categories and amounts, the intended results and the results achieved, a summary of other donor contributions, and a description of the efforts undertaken by the Secretary and Administrator to increase other donor contributions: That such reports shall also include the metrics established to measure such results and determine effectiveness of funds provided and a detailed description of coordination and information sharing with the Offices of the Inspectors General, including a full accounting of any reported allegations of waste, fraud, abuse, and corruption, steps taken to verify such allegations, and steps taken to address all verified allegations. Provided, The requirements of paragraphs (1), (8), and

(9)shall be publicly posted on the Department of State and the USAID website not later than 5 days after submission: That the reports shall be easily accessible and centrally located on such websites. Provided, 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 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, 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; 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: That the limitation in this paragraph shall not apply to the use of funds made available by this Act for the security of borders, for North Atlantic Treaty Organization or coalition operations, or to enhance the protection of United States officials and facilities in Turkey. Provided,

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