Sec. 7041.
2,715 words·~12 min read·
/bill/113/hr/5013/rh/section-7041·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Funds appropriated by this Act that are available for assistance for the Government of Egypt may only be made available if the Secretary of State certifies to the Committees on Appropriations that such government is— sustaining the strategic relationship with the United States; and meeting its obligations under the 1979 Egypt- Israel Peace Treaty. Of the funds appropriated by this Act under the heading Economic Support Fund , and subject to paragraph
(6)of this subsection, up to $200,000,000 may be made available for assistance for Egypt, subject to the regular notification procedures of the Committees on Appropriations: Provided , That such funds may also be made available for democracy programs. Notwithstanding any provision of law restricting assistance for Egypt, including paragraph
(6)of this subsection, funds made available under the heading Economic Support Fund in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for assistance for Egypt may be made available for education and economic growth programs, subject to prior consultation with the appropriate congressional committees: Provided , That such funds may not be made available for cash transfer assistance or budget support unless the Secretary of State certifies to the appropriate congressional committees that the Government of Egypt is taking steps to stabilize the economy and implement market-based economic reforms. The Secretary of State may reduce the amount of assistance for the central Government of Egypt under the heading Economic Support Fund by an amount the Secretary determines is equivalent to that expended by the United States Government for bail, and by nongovernmental organizations for legal and court fees, associated with democracy-related trials in Egypt. Of the funds appropriated by this Act under the heading Foreign Military Financing Program , and subject to paragraph
(6)of this subsection, up to $1,300,000,000, to remain available until September 30, 2016, may be made available for assistance for Egypt which may be transferred to an interest bearing account in the Federal Reserve Bank of New York, following consultation with the Committees on Appropriations: Provided , That if the Secretary of State is unable to make the certification in subparagraph (6)(A) or
(B)of this subsection, such funds may be made available at the minimum rate necessary to continue existing contracts, notwithstanding any other provision of law restricting assistance for Egypt and following consultation with the Committees on Appropriations, except that defense articles and services from such contracts shall not be delivered until the certification requirements in subparagraph (6)(A) or
(B)of this subsection are met: Provided further , That not later than 30 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations describing any defense articles withheld from delivery to Egypt as of the date of enactment of this Act: Provided further , That the report required in the previous proviso shall include a detailed description of the conditions and timeline under which the delivery of such items will resume, and the costs incurred from such withholding and the costs planned for the subsequent delivery for each defense article. Funds appropriated under the headings Foreign Military Financing Program and International Military Education and Training in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available notwithstanding any provision of law restricting assistance for Egypt, except that such funds under the heading Foreign Military Financing Program shall only be made available at the minimum rate necessary to continue existing contracts, and following consultation with the Committees on Appropriations. Notwithstanding any other provision of law restricting assistance for Egypt, including paragraphs (3), (4), and
(6)of this subsection, funds made available for assistance for Egypt in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for counterterrorism, border security, and nonproliferation programs in Egypt, and for development activities in the Sinai. Except as provided in paragraphs (2),
(3)and
(5)of this subsection, funds appropriated by this Act under the headings Economic Support Fund , International Military Education and Training , and Foreign Military Financing Program for assistance for the Government of Egypt may be made available notwithstanding any provision of law restricting assistance for Egypt as follows— up to $975,000,000 may be made available if the Secretary of State certifies to the Committees on Appropriations that the Government of Egypt has held parliamentary elections and is taking steps to support a democratic transition in Egypt; and up to $526,700,000 may be made available if the Secretary of State certifies to the Committees on Appropriations that the Government of Egypt is taking steps to govern democratically. It is the policy of the United States to seek to prevent Iran from achieving the capability to produce or otherwise manufacture nuclear weapons, including by supporting international diplomatic efforts to halt Iran's uranium enrichment program, and the President should fully implement and enforce the Iran Sanctions Act of 1996, as amended ( Public Law 104–172 ) as a means of encouraging foreign governments to require state-owned and private entities to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran. None of the funds appropriated or otherwise made available in this Act under the heading Export-Import Bank of the United States may be used to provide any new financing (including loans, guarantees, other credits, insurance, and reinsurance) to any person that is subject to sanctions under paragraph
(2)or
(3)of section 5(a) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ). The reporting requirements in section 7043(c) in division F of Public Law 111–117 shall continue in effect during fiscal year 2015 as if part of this Act: Provided , That the date in subsection (c)(1) shall be deemed to be September 30, 2015 . The President shall submit to the appropriate congressional committees, not later than 30 days after enactment of this Act and at the end of each 30-day period thereafter until September 30, 2015, a report on the implementation of the Joint Plan of Action between the P5+1 and the Government of Iran concluded on November 24, 2013, and any extension of or successor to that agreement: Provided , That the report shall include the requirements under this subsection in the report accompanying this Act, and may be submitted in classified form if necessary. Funds appropriated by this Act for assistance for the Government of Iraq under Bilateral Economic Assistance and International Security Assistance should be made available to such government to support efforts to promote internal and regional stability, including in Kurdistan to address requirements arising from the conflict in the region. None of the funds appropriated by this Act may be made available for construction, rehabilitation, or other improvements to United States facilities in Iraq on property for which no land-use agreement has been entered into by the Governments of the United States and Iraq: Provided , That the restrictions in this paragraph shall not apply if such funds are necessary to protect United States Government facilities or the security, health, and welfare of United States personnel. Of the funds appropriated by this Act for assistance for Jordan— not less than $360,000,000 shall be made available under the heading Economic Support Fund in title III and not less than $300,000,000 shall be made available under the heading Foreign Military Financing Program in title IV; and from amounts appropriated under title VIII for Overseas Contingency Operations/Global War on Terrorism, $340,000,000 shall be made available for the extraordinary costs related to instability in the region. None of the funds appropriated by this Act may be made available for the Lebanese Armed Forces
(LAF)if the LAF is controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act. Funds appropriated by this Act under the heading Foreign Military Financing Program for assistance for Lebanon may be made available only to professionalize the LAF and to strengthen border security and combat terrorism, including training and equipping the LAF to secure Lebanon's borders, interdicting arms shipments, preventing the use of Lebanon as a safe haven for terrorist groups, and to implement United Nations Security Council Resolution 1701: Provided , That funds may not be made available for obligation for assistance for the LAF until the Secretary of State submits a detailed spend plan, including actions to be taken to ensure that equipment provided to the LAF is used only for the intended purposes, to the Committees on Appropriations, except such plan may not be considered as meeting the notification requirements under section 7015 of this Act or under section 634A of the Foreign Assistance Act of 1961, and shall be submitted not later than September 1, 2015: Provided further , That any notification submitted pursuant to section 634A of the Foreign Assistance Act of 1961 or section 7015 of this Act shall include any funds specifically intended for lethal military equipment. None of the funds appropriated by this Act may be made available for assistance for the central Government of Libya unless the Secretary of State reports to the Committees on Appropriations that such government is cooperating with United States Government efforts to investigate and bring to justice those responsible for the attack on United States personnel and facilities in Benghazi, Libya in September 2012: Provided , That the limitation in this paragraph shall not apply to funds made available for the purpose of protecting United States Government personnel or facilities. Any notification required for assistance for Libya for funds appropriated under title IV of this Act shall include a detailed justification for such assistance, and a description of the vetting procedures used for any individual or unit receiving such assistance. Funds appropriated by this Act under the heading Economic Support Fund may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees for Tunisia and Jordan, which are authorized to be provided: Provided , That amounts made available under this subsection for the cost of guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country: Provided further , That funds made available by this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. Funds appropriated by this Act under title III that are available for assistance for Morocco shall also be made available for any region or territory administered by Morocco, including the Western Sahara: Provided , That the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit a report to the Committees on Appropriations, not less than 90 days after enactment of this Act, on requirements under this section in the report accompanying this Act. Funds appropriated under title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available notwithstanding any other provision of law for non-lethal assistance for programs to address the needs of civilians affected by conflict in Syria, and for programs that seek to— establish governance in Syria that is representative, inclusive, and accountable; develop and implement political processes that are democratic, transparent, and adhere to the rule of law; further the legitimacy of the Syrian opposition through cross-border programs; develop civil society and an independent media in Syria; promote economic development in Syria; document, investigate, and prosecute human rights violations in Syria, including through transitional justice programs and support for nongovernmental organizations; and counter extremist ideologies. Prior to the obligation of funds appropriated by this Act and made available for assistance for Syria, the Secretary of State shall take all appropriate steps to ensure that mechanisms are in place for the adequate monitoring, oversight, and control of such assistance inside Syria: Provided , That the Secretary of State shall promptly inform the appropriate congressional committees of each significant instance in which assistance provided pursuant to the authority of this subsection has been compromised, to include the type and amount of assistance affected, a description of the incident and parties involved, and an explanation of the Department of State's response. Funds appropriated by this Act that are made available for assistance for Syria pursuant to the authority of this subsection may only be made available after the Secretary of State, in consultation with the heads of relevant United States Government agencies, submits, in classified form if necessary, an update to the comprehensive strategy required in subsection 7041(i) of Public Law 113–76 . Funds made available pursuant to this subsection may only be made available following consultation with the appropriate congressional committees, and shall be subject to the regular notification procedures of the Committees on Appropriations. Prior to the initial obligation of funds made available by this Act under the heading Economic Support Fund for assistance for the West Bank and Gaza, the Secretary of State shall report to the Committees on Appropriations that the purpose of such assistance is to— advance Middle East peace; improve security in the region; continue support for transparent and accountable government institutions; promote a private sector economy; or address urgent humanitarian needs. None of the funds appropriated under the heading Economic Support Fund in this Act may be made available for assistance for the Palestinian Authority, if after the date of enactment of this Act— the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; or the Palestinians initiate an International Criminal Court judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians. The President may waive the provisions of section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have not, after the date of enactment of this Act, obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians. Not less than 90 days after the President is unable to make the certification pursuant to clause (i), the President may waive section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have entered into direct and meaningful negotiations with Israel: Provided , That any waiver of the provisions of section 1003 of Public Law 100–204 under clause
(i)of this subparagraph or under previous provisions of law must expire before the waiver under the preceding sentence may be exercised. Any waiver pursuant to this subparagraph shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. If the requirements for the obligation of assistance in subsection 7040(f) of this Act are met, the Secretary of State shall reduce the amount of assistance made available by this Act under the heading Economic Support Fund for the Palestinian Authority by an amount the Secretary determines is equivalent to that expended by the Palestinian Authority in payments to individuals and the families of such individuals that are imprisoned for acts of terrorism or who died committing such acts during the previous calendar year: Provided , That the Secretary shall report to the Committees on Appropriations on the amount reduced for fiscal year 2015 prior to the obligation of funds for the Palestinian Authority: Provided further , That the report in the previous proviso shall also include steps taken to prevent any such payments. None of the funds appropriated by this Act for assistance for Yemen may be made available for the Armed Forces of Yemen if such forces are controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act.
Connectionstraces to 1
Traces to 1 document
public-private-law
3 references not yet in our index
- Pub. L. 104-172
- Pub. L. 111-117
- Pub. L. 100-204
Citation graph
cites case law
Cites 4Cited by 0 across 0 sources