219 
(iv) providing effective and account-
able law enforcement and security for its 
citizens, and upholding due process of law; 
(v) implementing policies to reduce 
poverty and promote equitable economic 
growth and opportunity; 
(vi) supporting the independence of 
the judiciary and of electoral institutions; 
(vii) improving border security; 
(viii) combating human smuggling 
and trafficking and countering the activi-
ties of criminal gangs, drug traffickers, 
and transnational criminal organizations; 
and 
(ix) informing its citizens of the dan-
gers of the journey to the southwest border 
of the United States. 
(B) REPROGRAMMING.—If the Secretary is 
unable to make the certification required by 
subparagraph (A) for one or more of the gov-
ernments, such assistance for such central gov-
ernment shall be reprogrammed for assistance 
for other countries in Latin America and the 
Caribbean, notwithstanding the minimum fund-
ing requirements of this subsection and of sec-
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220 
tion 7019 of this Act: Provided, That any such 
reprogramming shall be subject to the regular 
notification procedures of the Committees on 
Appropriations. 
(C) EXCEPTIONS.—The limitation of sub-
paragraph (A) shall not apply to funds appro-
priated by this Act that are made available 
for— 
(i) 
the 
International 
Commission 
Against Impunity in El Salvador, and sup-
port of offices of Attorneys General and of 
other entities and activities related to com-
bating corruption and impunity; 
(ii) programs to combat gender-based 
violence; 
(iii) humanitarian assistance; and 
(iv) food security programs. 
(D) FOREIGN MILITARY FINANCING PRO-
GRAM.—None of the funds appropriated by this 
Act under the heading ‘‘Foreign Military Fi-
nancing Program’’ may be made available for 
assistance for El Salvador, Guatemala, or Hon-
duras. 
(3) COSTA RICA.—The Secretary of State shall 
report to the Committees on Appropriations in writ-
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221 
ing on American citizens detained in Costa Rica: 
Provided, That such report shall include the number 
of American citizens known to be detained and 
whether such individuals are serving sentences or in 
pre-trial detention, provided regular access to United 
States Consular officers, being treated humanely, 
and afforded access to legal representation: Provided 
further, That such report shall be updated every 45 
days until September 30, 2022: Provided further, 
That such report shall be submitted in unclassified 
form, but may include a classified annex. 
(b) COLOMBIA.— 
(1) ASSISTANCE.—Of the funds appropriated by 
this Act under titles III and IV, not less than 
$457,253,000 shall be made available for assistance 
for Colombia: Provided, That such funds shall be 
made available for the programs and activities de-
scribed under this section in the report accom-
panying this Act. 
(2) WITHHOLDING OF FUNDS.— 
(A) COUNTERNARCOTICS.—Of the funds 
appropriated by this Act under the heading 
‘‘International Narcotics Control and Law En-
forcement’’ and made available for assistance 
for Colombia, 20 percent may be obligated only 
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222 
after the Secretary of State determines and re-
ports to the Committees on Appropriations that 
the Government of Colombia is continuing to 
implement 
a 
national 
whole-of-government 
counternarcotics strategy intended to reduce by 
50 percent cocaine production and coca cultiva-
tion levels in Colombia by 2023 and such pro-
gram is not in violation of the 2016 peace ac-
cord between the Government of Colombia and 
the Revolutionary Armed Forces of Colombia. 
(B) HUMAN RIGHTS.—Of the funds appro-
priated by this Act under the heading ‘‘Foreign 
Military Financing Program’’ and made avail-
able for assistance for Colombia, 20 percent 
may be obligated only after the Secretary of 
State determines and reports to the Committees 
on Appropriations that— 
(i) the Special Jurisdiction for Peace 
and other judicial authorities are taking ef-
fective steps to hold accountable perpetra-
tors of gross violations of human rights in 
a manner consistent with international law, 
including for command responsibility, and 
sentence them to deprivation of liberty; 
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223 
(ii) the Government of Colombia is 
taking effective steps to prevent attacks 
against human rights defenders and other 
civil society activists, trade unionists, and 
journalists, and judicial authorities are 
prosecuting those responsible for such at-
tacks; 
(iii) the Government of Colombia is 
taking effective steps to protect Afro-Co-
lombian and indigenous communities and 
is respecting their rights and territory; 
(iv) senior military officers responsible 
for ordering, committing, and covering up 
cases of false positives are being held ac-
countable, including removal from active 
duty if found guilty through criminal or 
disciplinary proceedings; and 
(v) the Government of Colombia has 
investigated and is taking steps to hold ac-
countable Government officials credibly al-
leged to have directed, authorized, or con-
ducted illegal surveillance of political oppo-
nents, government officials, journalists, 
and human rights defenders, including the 
use of assets provided by the United States 
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224 
for combating counterterrorism and coun-
ternarcotics for such purposes. 
(3) EXCEPTIONS.—The limitations of para-
graph (2) shall not apply to funds made available for 
aviation instruction and maintenance, and maritime 
and riverine security programs. 
(4) AUTHORITY.—Aircraft supported by funds 
appropriated by this Act and prior Acts making ap-
propriations for the Department of State, foreign 
operations, and related programs and made available 
for assistance for Colombia may be used to trans-
port personnel and supplies involved in drug eradi-
cation and interdiction, including security for such 
activities, and to provide transport in support of al-
ternative development programs and investigations 
by civilian judicial authorities. 
(c) HAITI.— 
(1) CERTIFICATION.—The certification require-
ment contained in section 7045(c)(1) of the Depart-
ment of State, Foreign Operations, and Related Pro-
grams Appropriations Act, 2020 (division G of Pub-
lic Law 116-94) shall continue in effect during fiscal 
year 2021 and shall apply to funds appropriated by 
this Act under the headings ‘‘Development Assist-
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225 
ance’’ and ‘‘Economic Support Fund’’ that are made 
available for assistance for Haiti. 
(2) HAITIAN COAST GUARD.—The Government 
of Haiti shall be eligible to purchase defense articles 
and services under the Arms Export Control Act (22 
U.S.C. 2751 et seq.) for the Coast Guard. 
(3) LIMITATION.—None of the funds made 
available by this Act may be used to provide assist-
ance to the armed forces of Haiti. 
(d) THE CARIBBEAN.—Of the funds appropriated by 
this Act under titles III and IV, not less than $74,800,000 
shall be made available for the Caribbean Basin Security 
Initiative. 
(e) VENEZUELA.— 
(1) Of the funds appropriated by this Act under 
the heading ‘‘Economic Support Fund’’, not less 
than $30,000,000 shall be made available for democ-
racy programs for Venezuela. 
(2) Funds appropriated under title III of this 
Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related 
programs shall be made available for assistance for 
communities in countries supporting or otherwise 
impacted by refugees from Venezuela, including Co-
lombia, Peru, Ecuador, Curacao, and Trinidad and 
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226 
Tobago: Provided, That such amounts are in addi-
tion to funds otherwise made available for assistance 
for such countries, subject to prior consultation 
with, and the regular notification procedures of, the 
Committees on Appropriations. 
EUROPE AND EURASIA 
SEC. 7046. (a) GEORGIA.— 
(1) ASSISTANCE.—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. 
(2) WITHHOLDING OF FUNDS.—Of the funds 
appropriated by this Act under the heading ‘‘Assist-
ance to Europe, Eurasia and Central Asia’’ and 
made available for assistance for the central Govern-
ment of Georgia, 15 percent may not be obligated 
until the Secretary of State determines and reports 
to the Committees on Appropriations that such gov-
ernment is taking effective steps to— 
(A) strengthen democratic institutions as 
described under this section in the report ac-
companying this Act; 
(B) combat corruption within the govern-
ment, including in the application of anti-cor-
ruption laws and regulations; and 
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227 
(C) ensure the rule of law in the private 
sector is consistent with internationally recog-
nized standards, including protecting the rights 
of foreign businesses to operate free from har-
assment and to fully realize all due commercial 
and financial benefits resulting from invest-
ments made in Georgia. 
(3) EXEMPTIONS.—The withholding in para-
graph (2) of this subsection shall not apply to pro-
grams that support democracy, the rule of law, civil 
society and the media, or programs to reduce gen-
der-based violence and to protect vulnerable popu-
lations. 
(4) WAIVER.—The Secretary may waive the ap-
plication of paragraph (2) if the Secretary deter-
mines and reports to the Committees on Appropria-
tions that to do so is important to the national inter-
est of the United States, including a description of 
the national interest served. 
(b) UKRAINE.—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. 
(c) TERRITORIAL INTEGRITY.—None of the funds ap-
propriated by this Act may be made available for assist-
ance for a government of an Independent State of the 
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228 
former Soviet Union if such government directs any action 
in violation of the territorial integrity or national sov-
ereignty of any other Independent State of the former So-
viet Union, such as those violations included in the Hel-
sinki Final Act: Provided, That except as otherwise pro-
vided in section 7047(a) of this Act, funds may be made 
available without regard to the restriction in this sub-
section 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 con-
sult with the Committees on Appropriations on how such 
assistance supports the national security interest of the 
United States. 
(d) 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 assist-
ance 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 as-
sistance; 
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229 
(2) any assistance provided by the Trade and 
Development Agency under section 661 of the For-
eign 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. 
(e) TURKEY.— 
(1) 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 congres-
sional 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 
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230 
against whom there are pending charges, have re-
turned to the United States to stand trial in connec-
tion 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. 
(2) 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, in-
cluding 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 Rus-
sian 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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231 
COUNTERING RUSSIAN INFLUENCE AND AGGRESSION 
SEC. 7047. (a) LIMITATION.—Notwithstanding sec-
tion 7068(a) of this Act, none of the funds appropriated 
by this Act may be made available for assistance for the 
central Government of the Russian Federation. 
(b) ANNEXATION OF CRIMEA.— 
(1) PROHIBITION.—None of the funds appro-
priated by this Act may be made available for assist-
ance 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 other-
wise provided in subsection (a), the Secretary may 
waive the restriction on assistance required by this 
paragraph if the Secretary determines and reports to 
such Committees that to do so is in the national in-
terest of the United States, and includes a justifica-
tion for such interest. 
(2) LIMITATION.—None of the funds appro-
priated by this Act may be made available for— 
(A) the implementation of any action or 
policy that recognizes the sovereignty of the 
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232 
Russian Federation over Crimea or other terri-
tory in Ukraine; 
(B) 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 
(C) assistance for Crimea or other terri-
tory in Ukraine under the control of Russian- 
backed separatists, if such assistance includes 
the participation of Russian Government offi-
cials, or other Russian owned or controlled fi-
nancial entities. 
(3) 
INTERNATIONAL
FINANCIAL
INSTITU-
TIONS.—The Secretary of the Treasury shall in-
struct the United States executive directors of each 
international financial institution to use the voice 
and vote of the United States to oppose any assist-
ance by such institution (including any loan, credit, 
or guarantee) for any program that violates the sov-
ereignty or territorial integrity of Ukraine. 
(4) DURATION.—The requirements and limita-
tions of this subsection shall cease to be in effect if 
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233 
the Secretary of State determines and reports to the 
Committees on Appropriations that the Government 
of Ukraine has reestablished sovereignty over Cri-
mea and other territory in Ukraine under the con-
trol of Russian-backed separatists. 
(c) OCCUPATION OF THE GEORGIAN TERRITORIES OF 
ABKHAZIA AND TSKHINVALI REGION/SOUTH OSSETIA.— 
(1) PROHIBITION.—None of the funds appro-
priated by this Act may be made available for assist-
ance 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 rela-
tions with, the Russian Federation occupied Geor-
gian 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 except as otherwise provided 
in subsection (a), the Secretary may waive the re-
striction on assistance required by this paragraph if 
the Secretary determines and reports to the Com-
mittees on Appropriations that to do so is in the na-
tional interest of the United States, and includes a 
justification for such interest. 
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234 
(2) LIMITATION.—None of the funds appro-
priated by this Act may be made available to sup-
port the Russian Federation occupation of the Geor-
gian territories of Abkhazia and Tskhinvali Region/ 
South Ossetia. 
(3) 
INTERNATIONAL
FINANCIAL
INSTITU-
TIONS.—The Secretary of the Treasury shall in-
struct the United States executive directors of each 
international financial institution to use the voice 
and vote of the United States to oppose any assist-
ance by such institution (including any loan, credit, 
or guarantee) for any program that violates the sov-
ereignty and territorial integrity of Georgia. 
(d) COUNTERING RUSSIAN INFLUENCE FUND.— 
(1) ASSISTANCE.—Of the funds appropriated by 
this Act under the headings ‘‘Assistance for Europe, 
Eurasia and Central Asia’’, ‘‘International Narcotics 
Control and Law Enforcement’’, ‘‘International Mili-
tary Education and Training’’, and ‘‘Foreign Mili-
tary 
Financing 
Program’’, 
not 
less 
than 
$290,000,000 shall be made available to carry out 
the purposes of the Countering Russian Influence 
Fund, as authorized by section 254 of the Coun-
tering Russian Influence in Europe and Eurasia Act 
of 2017 (Public Law 115–44; 22 U.S.C. 9543) and 
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235 
notwithstanding the country limitation in subsection 
(b) of such section, and programs to enhance the ca-
pacity of law enforcement and security forces in 
countries in Europe, Eurasia, and Central Asia and 
strengthen security cooperation between such coun-
tries and the United States and the North Atlantic 
Treaty Organization, as appropriate. 
(2) ECONOMICS
AND
TRADE.—Funds appro-
priated by this Act and made available for assistance 
for the Eastern Partnership countries shall be made 
available to advance the implementation of Associa-
tion Agreements and trade agreements with the Eu-
ropean Union, and to reduce their vulnerability to 
external economic and political pressure from the 
Russian Federation. 
(e) DEMOCRACY PROGRAMS.—Funds appropriated by 
this Act shall be made available to support democracy pro-
grams in the Russian Federation and other countries in 
Europe, Eurasia, and Central Asia, including to promote 
Internet freedom: Provided, That of the funds appro-
priated under the heading ‘‘Assistance for Europe, Eur-
asia and Central Asia’’, not less than $20,000,000 shall 
be made available to strengthen democracy and civil soci-
ety in Central Europe, including for transparency, inde-
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236 
pendent media, rule of law, minority rights, and programs 
to combat anti-Semitism. 
UNITED NATIONS 
SEC. 7048. (a) TRANSPARENCY
AND ACCOUNT-
ABILITY.—Not later than 180 days after enactment of this 
Act, the Secretary of State shall report to the Committees 
on Appropriations whether each organization, department, 
or agency receiving a contribution from funds appro-
priated by this Act under the headings ‘‘Contributions to 
International Organizations’’ and ‘‘International Organi-
zations and Programs’’ is— 
(1) posting on a publicly available website, con-
sistent with privacy regulations and due process, 
regular financial and programmatic audits of such 
organization, department, or agency, and providing 
the United States Government with necessary access 
to such financial and performance audits; 
(2) effectively implementing and enforcing poli-
cies and procedures which meet or exceed best prac-
tices in the United States for the protection of whis-
tleblowers from retaliation, including— 
(A) protection against retaliation for inter-
nal and lawful public disclosures; 
(B) legal burdens of proof; 
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237 
(C) statutes of limitation for reporting re-
taliation; 
(D) access to binding independent adju-
dicative bodies, including shared cost and selec-
tion of external arbitration; and 
(E) results that eliminate the effects of 
proven retaliation, including provision for the 
restoration of prior employment; and 
(3) effectively implementing and enforcing poli-
cies and procedures on the appropriate use of travel 
funds, including restrictions on first-class and busi-
ness-class travel. 
(b) RESTRICTIONS ON UNITED NATIONS DELEGA-
TIONS AND ORGANIZATIONS.— 
(1) RESTRICTIONS ON UNITED STATES DELEGA-
TIONS.—None of the funds made available by this 
Act may be used to pay expenses for any United 
States delegation to any specialized agency, body, or 
commission of the United Nations if such agency, 
body, or commission is chaired or presided over by 
a country, the government of which the Secretary of 
State has determined, for purposes of section 
1754(c) of the Export Reform Control Act of 2018 
(50 U.S.C. 4813(c)), supports international ter-
rorism. 
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(2) RESTRICTIONS ON CONTRIBUTIONS.—None 
of the funds made available by this Act may be used 
by the Secretary of State as a contribution to any 
organization, agency, commission, or program within 
the United Nations system if such organization, 
agency, commission, or program is chaired or pre-
sided over by a country the government of which the 
Secretary of State has determined, for purposes of 
section 620A of the Foreign Assistance Act of 1961, 
section 40 of the Arms Export Control Act, section 
1754(c) of the Export Reform Control Act of 2018 
(50 U.S.C. 4813(c)), or any other provision of law, 
is a government that has repeatedly provided sup-
port for acts of international terrorism. 
(3) WAIVER.—The Secretary of State may 
waive the restriction in this subsection if the Sec-
retary determines and reports to the Committees on 
Appropriations that to do so is important to the na-
tional interest of the United States, including a de-
scription of the national interest served. 
(c) UNITED NATIONS HUMAN RIGHTS COUNCIL.— 
Funds appropriated by this Act shall be made available 
in support of the United Nations Human Rights Council 
unless the Secretary of State determines and reports to 
the Committees on Appropriations that participation in 
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239 
the Council does not serve the national interest of the 
United States and that such Council is neither taking sig-
nificant steps to remove Israel as a permanent agenda 
item nor taking actions to ensure integrity in the election 
of members to such Council: Provided, That such report 
shall include a description of how the national interest is 
better served by the United States not being a member 
of the Council: Provided further, That the Secretary of 
State shall report to the Committees on Appropriations 
not later than September 30, 2021, on the resolutions con-
sidered in the United Nations Human Rights Council dur-
ing the previous 12 months, and on steps taken to remove 
Israel as a permanent agenda item and ensure integrity 
in the election of members to such Council. 
(d) UNITED NATIONS RELIEF AND WORKS AGEN-
CY.—Funds appropriated by this Act under title III shall 
be made available to the United Nations Relief and Works 
Agency (UNRWA), unless the Secretary of State deter-
mines and reports to the Committees on Appropriations, 
in writing, that UNRWA— 
(1) is inappropriately utilizing Operations Sup-
port Officers in the West Bank, Gaza, and other 
fields of operation to inspect UNRWA installations; 
(2) is not acting promptly to address any staff 
or beneficiary violation of its own policies (including 
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260 
operations, and related programs shall be subject to 
the regular notification procedures of the Commit-
tees on Appropriations. 
(B) Of the funds appropriated under title III of 
this Act for assistance for basic education programs, 
not less than $125,000,000 shall be made available 
for contributions to multilateral partnerships that 
support education. 
(C) Funds appropriated under title III of this 
Act and made available for assistance for basic edu-
cation as provided for in this paragraph shall be re-
ferred to as the ‘‘Nita M. Lowey Basic Education 
Fund’’. 
(2) HIGHER EDUCATION.—Of the funds appro-
priated by title III of this Act, not less than $235,000,000 
shall be made available for assistance for higher education: 
Provided, That such funds may be made available notwith-
standing any other provision of law that restricts assist-
ance to foreign countries, and shall be subject to the reg-
ular notification procedures of the Committees on Appro-
priations: Provided further, That of such amount, not less 
than $35,000,000 shall be made available for new and on-
going partnerships between higher education institutions 
in the United States and developing countries focused on 
building the capacity of higher education institutions and 
VerDate Sep 11 2014 
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