Sec. 7041.
3,276 words·~15 min read·
/bill/113/s/2499/pcs/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 and reports 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 $150,000,000 may be made available for assistance for Egypt, of which not less than $35,000,000 should be made available for higher education programs including not less than $10,000,000 for scholarships at not-for-profit institutions for Egyptian students with high financial need: , That such funds may also be made available for democracy programs: Provided , That such funds shall be made available for a demonstration project to combat hepatitis C, on a cost matching basis from sources other than the United States Government. Provided further Notwithstanding any provision of law restricting assistance for Egypt, including paragraph
(6)of this subsection, funds made available by this Act under the heading Economic Support Fund for assistance for Egypt may be made available for education and economic growth programs, and a hepatitis C demonstration program, subject to prior consultation with the appropriate congressional committees: , 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 significant and consistent steps to stabilize the economy and implement economic reforms. Provided The Secretary of State shall reduce the amount of assistance for the central Government of Egypt under the heading Economic Support Fund in this Act 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 $1,000,000,000, 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: , 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 , That the Secretary of State shall not initiate any new cash flow financing contracts for defense articles and services for Egypt. Provided further Funds appropriated under the headings Foreign Military Financing Program and International Military Education and Training under title IV in division K of Public Law 113–76 that remain available through September 30, 2015 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 following consultation with the Committees on Appropriations, and the 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. Notwithstanding any other provision of this Act restricting assistance for Egypt, including paragraphs (3), (4), and
(6)of this subsection, up to $300,000,000 of the funds made available by this Act for assistance for Egypt may be made available for development programs in the Sinai, nonproliferation programs, and for counterterrorism and border security, if the Secretary of State certifies and reports to the appropriate congressional committees that to do so is important to the national security interests of the United States. Except as provided in paragraphs (2),
(3)and
(5)of this subsection, funds appropriated under titles III and IV of 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 $575,500,000 may be made available only if the Secretary of State certifies and reports to the Committees on Appropriations that— Egypt has held free and fair presidential and parliamentary elections and a newly elected Government of Egypt is implementing policies to govern democratically; and the Government of Egypt— has released American citizens who are considered by the Secretary of State to be political prisoners and dismissed charges against them; is providing United States Government officials, independent journalists, and human rights organizations access to the Sinai; has released all persons detained for exercising their rights to free expression, association, and peaceful assembly, including journalists and those detained solely for membership in social or political organizations; is providing detainees with due process of law consistent with international norms; has adopted and is implementing necessary laws or regulations to protect freedoms of expression, association, and assembly, including the ability of civil society organizations and the media to function without interference, consistent with international norms; is conducting credible criminal investigations and prosecutions of the use of excessive force by security forces, including those responsible in the chain of command, since June 30, 2013; and is taking steps to protect the rights of women and religious minorities; and not less than 180 days after a certification and report under subparagraph (6)(A), up to $575,500,000 may be made available only if the Secretary of State certifies and reports to the Committees on Appropriations that the requirements in subparagraph (6)(A) are still being met. Funds appropriated under titles I and III of this Act shall be made available for the promotion of democracy and human rights in Iran, including for the activities described in section 1243 of Public Law 112–239 : , That prior to obligating such funds, the Secretary of State shall consult with the appropriate congressional committees on the policy and strategy of the United States to promote democracy and human rights in Iran. Provided The terms and conditions of section 7041(c) in division I of Public Law 112–74 shall continue in effect during fiscal year 2015 as if part of this Act, except that the international diplomatic efforts referenced in paragraph
(1)of such section shall also include efforts to dismantle Iran’s nuclear weapons program and prevent Iran from obtaining a nuclear weapon capability, and the date in paragraph
(3)shall be deemed to be September 30, 2015 . Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $32,000,000 shall be made available for programs to promote democracy and human rights in Iran, which shall be the responsibility of the Assistant Secretary for the Bureau of Democracy, Human Rights, and Labor, Department of State. Funds appropriated by this Act under the headings Economic Support Fund and Complex Crises Fund may be made available for assistance for Iraq, including to mitigate the impact of the conflict in Syria on Iraqi communities: , That the United States Chief of Mission in Iraq shall have responsibility for the use of funds to mitigate such impact, in consultation with United States Consulate Generals in Iraq, as appropriate. Provided Of the funds appropriated by this Act under the heading Economic Support Fund , $25,000,000 may be made available for a conflict response program, which shall be the responsibility of the United States Chief of Mission in Iraq: , That the Secretary of State shall consult with the Committees on Appropriations prior to obligating funds for such program. Provided Funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement and Foreign Military Financing Program that are available for assistance for Iraq may be made available to enhance the capacity of security services and for security programs in Kurdistan to address requirements arising from the conflict in Syria: , That such funds shall be made available on a cost-matching basis from sources other than United States Government: Provided , That the Secretary of State shall consult with the Committees on Appropriations prior to obligating such funds. Provided further Not less than 15 days prior to submitting any notification to Congress of the intent to obligate funds appropriated under the heading “Foreign Military Financing Program” in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs for assistance for the Government of Iraq, the Secretary of State shall submit a report to the appropriate congressional committees assessing the extent to which the Government of Iraq is implementing policies to promote reconciliation among Iraq’s ethnic and political factions and to form a multi-sectarian government, and the effectiveness of such efforts. Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $5,000,000 should be made available for the Marla Ruzicka Iraqi War Victims Fund. Not later than 90 days after enactment of this Act, the Secretary of State, in consultation with the heads of other relevant United States Government agencies, shall submit a report to the appropriate congressional committees detailing steps taken by the United States Government to address the plight, including resettlement needs, of Iranian dissidents located at Camp Liberty/Hurriya in Iraq. Of the funds appropriated by this Act under titles III and IV that are available for assistance for Jordan, not less than $360,000,000 shall be made available under the heading Economic Support Fund and not less than $300,000,000 shall be made available under the heading Foreign Military Financing Program . Of the funds appropriated by this Act under title VIII, not less than $340,000,000 shall be made available for the extraordinary costs related to instability in the region, including for security requirements along the border with Iraq and Syria. None of the funds appropriated by this Act may be made available for Lebanese law enforcement personnel or the Lebanese Armed Forces
(LAF)if such law enforcement personnel or 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 headings International Narcotics Control and Law Enforcement and Foreign Military Financing Program that are available for assistance for Lebanon may be made available for programs and equipment for Lebanese law enforcement personnel and the LAF to address security and stability requirements in areas affected by the conflict in Syria, following consultation with the appropriate congressional committees. Funds appropriated by this Act under the heading Economic Support Fund that are available for assistance for Lebanon may be made available notwithstanding any other provision of law, except for the provisions of this Act. In addition to the activities described in paragraph (2), 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: , That funds may not be obligated for assistance for the LAF until the Secretary of State submits to the Committees on Appropriations a detailed spend plan, including actions to be taken to ensure equipment provided to the LAF is only used for the intended purposes, 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 , That any notification submitted pursuant to such sections shall include any funds specifically intended for lethal military equipment. Provided further Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Complex Crises Fund , Economic Support Fund , International Narcotics Control and Law Enforcement , Nonproliferation, Anti-terrorism, Demining and Related Programs , and International Military Education and Training may, subject to paragraph (2), be made available for assistance for Libya for programs to— strengthen democracy in Libya, including civil society; enhance the capacity of key ministries necessary for maintaining security and stability; address immediate humanitarian needs arising from conflict; strengthen the rule of law, including judicial and security sector reforms; professionalize military personnel associated with the Libyan state; and counter extremist ideologies. Funds appropriated by this Act for assistance for Libya shall, to the maximum extent practicable, be made available on a cost-matching basis: , That the reporting requirement and limitations on the uses of funds in section 7041(f) of division K of Provided Public Law 113–76 shall apply to such funds: , That prior to obligation of such funds, the Secretary of State shall take all appropriate steps to ensure that mechanisms are in place for adequate monitoring, oversight and control of assistance for Libya. Provided further Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing— the number of claims against Libya filed with the Foreign Claims Settlement Commission pursuant to the Department of State’s referral of claims of November 27, 2013 in connection with the Claims Settlement Agreement between the United States of America and the Great Socialist People's Libyan Arab Jamahiriya of August 14, 2008, as implemented pursuant to the Libyan Claims Resolution Act, Public Law 110–301 and Executive Order 13477 dated October 31, 2008; the amount of remaining balances of funds received by the United States, and held by the United States Treasury, for payment of awards rendered by the Foreign Claims Settlement Commission pursuant to the November 27, 2013 referral; and the process by which the claims are to be adjudicated. Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Foreign Military Financing Program may not be used to procure defense articles or services for use in the territory of the Western Sahara. 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 humanitarian and other 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; expand the role of women in negotiations to end the violence and in any political transition in Syria; 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; counter extremist ideologies; and assist Syrian refugees whose education has been interrupted by the ongoing conflict to complete higher education requirements at regional academic institutions. 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: , 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. Provided 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. Section 7032(c)(3) of this Act shall not apply to programs implemented by the Office of Transition Initiatives, United States Agency for International Development, relating to the conflict in Syria. 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 Secretary of State may waive the restriction in paragraph
(A)resulting from the application of subparagraph (A)(i)(I) if the Secretary certifies and reports to the Committees on Appropriations that to do so is in the national security interest of the United States, and submits a report to such Committees detailing how the waiver and the continuation of assistance would assist in furthering Middle East peace. The President may waive the provisions of section 1003 of Public Law 100–204 if the President certifies and reports 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 and report pursuant to subparagraph (i), the President may waive section 1003 of Public Law 100–204 if the President certifies and reports 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: , That any waiver of the provisions of section 1003 of Provided Public Law 100–204 under subparagraph
(i)of this paragraph or under previous provisions of law must expire before the waiver under the preceding sentence may be exercised. Any waiver pursuant to this paragraph 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. 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 the amount expended by the Palestinian Authority as payments for acts of terrorism by individuals who are imprisoned after being fairly tried and convicted for acts of terrorism and by individuals who died committing acts of terrorism during the previous calendar year.
Connectionstraces to 1
Traces to 1 document
public-private-law
5 references not yet in our index
- Pub. L. 112-239
- Pub. L. 112-74
- Pub. L. 110-301
- EO 13477
- Pub. L. 100-204
Citation graph
cites case law
Sec. 7041
Pub. L.Pub. L. 112-239
Pub. L.Pub. L. 112-74
Pub. L.Pub. L. 110-301
Exec. Ord.EO 13477
Pub. L.Pub. L. 100-204
Cites 6Cited by 0 across 0 sources