Sec. 7046. europe and eurasia

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## SEC. 7046 europe and eurasia ###

(a)Section 907 of the Freedom Support Act Section 907 of the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to— ####

(1)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; ####

(2)any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961; ####

(3)any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity; ####

(4)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); ####

(5)any financing provided under the Export-Import Bank Act of 1945 (Public Law 79-173); or ####

(6)humanitarian assistance. ###

(b)Territorial Integrity 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. ###

(c)Turkey 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. ###

(d)Ukraine ####

(1)Strategy requirement Not later than 60 days after the date of enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal agencies, shall submit to the Speaker and Minority Leader of the House of Representatives, the Majority and Minority Leaders of the Senate, and the appropriate congressional committees a strategy to prioritize United States national security interests in response to Russian aggression in Ukraine and its impact in Europe and Eurasia, which shall include an explanation of how United States assistance for Ukraine and affected countries in the region advances the objectives of such strategy: * Provided,* 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, including details on the staffing requirements necessary to carry out such strategy. ####

(2)Cost matching Funds appropriated by this Act under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” that are made available for contributions to the Government of Ukraine may not exceed 50 percent of the total amount provided for such assistance by all sources: * Provided,* That the President may waive the limitation in this paragraph if the President determines and reports to the appropriate congressional committees that to do so is in the national security interest of the United States, including a detailed justification for such determination and an explanation as to why other donors to the Government of Ukraine are unable to meet or exceed such level: * Provided further,* That following such determination, the President shall submit a report to the Speaker and Minority Leader of the House of Representatives, the Majority and Minority Leaders of the Senate, and the appropriate congressional committees every 120 days while assistance is provided in reliance on the determination under the previous proviso detailing steps taken by the Department of State to increase other donor contributions and an update on the status of such contributions: * Provided further,* That the requirements of this paragraph shall continue in effect until funds made available by this Act pursuant to this paragraph have been expended. ####

(3)Oversight #####

(A)Staffing Funds appropriated under titles I and II of this Act shall be made available to support the appropriate level of staff in Ukraine and neighboring countries to conduct effective monitoring and oversight of United States foreign assistance and ensure the safety and security of United States personnel, consistent with the strategy required in paragraph (1). #####

(B)In-person monitoring The Secretary of State shall, to the maximum extent practicable, ensure that 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 are subject to in-person monitoring by United States personnel or by vetted third party monitors. #####

(C)Certification Not later than 15 days prior to the initial obligation of funds appropriated by this Act and 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 and the USAID Administrator shall jointly certify and report to the appropriate congressional committees that mechanisms for monitoring and oversight of funds are in place and functioning to ensure accountability of such funds to prevent waste, fraud, abuse, diversion, and corruption, including mechanisms such 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, consistent with the strategy required in paragraph (1): * Provided,* That section 7015(e) of this Act shall apply to the certification requirement of this subparagraph. #####

(D)Notification The requirements of section 1706 of the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117-328) shall apply to funds appropriated by this Act under titles I through IV that are made available for assistance for Ukraine. #####

(E)Reports ######

(i)Not later than 60 days after the date of enactment of this Act and every 90 days thereafter until all funds appropriated by this Act and made available for Ukraine have been expended, the Secretary of State and the USAID Administrator shall provide a comprehensive report to the appropriate congressional committees on assistance made available for Ukraine since February 24, 2022, in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs: * Provided,* That such report shall include the total amount of such funds, disaggregated by account and fiscal year, that remain unobligated, are obligated but unexpended, and are committed but not yet notified. ######

(ii)Not later than 90 days after the date of enactment of this Act and every 90 days thereafter until all funds appropriated by this Act and made available for Ukraine have been expended, the Secretary of State and the USAID Administrator shall jointly report to the appropriate congressional committees on the use and planned uses of funds made available during fiscal year 2024 for assistance 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: * Provided,* 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. #####

(F)Transparency The reports required under this subsection shall be made publicly available consistent with the requirements of section 7016(b) of this Act.

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