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Code · BILL · 114th Congress · H.R. 2772 (Reported in House) — Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year endin... · Sec. 7041

Sec. 7041.

2,496 words·~11 min read·/bill/114/hr/2772/rh/section-7041

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Funds appropriated or otherwise made available by this Act that are made available for assistance for the Government of Egypt may be made available notwithstanding any provision of law restricting assistance for Egypt, except such funds may only be made available if the Secretary of State certifies and reports to the appropriate congressional committees that such government is— sustaining the strategic relationship with the United States; and meeting its obligations under the 1979 Egypt- Israel Peace Treaty.
Not later than 90 days after enactment of this Act and every 90 days thereafter until September 30, 2016, the Secretary of State shall report to the Committees on Appropriations on steps taken by the Government of Egypt to— hold parliamentary elections; protect and advance the rights of women and religious minorities; implement laws or policies to govern democratically, protect the rights of individuals, and uphold due process of law; implement reforms that protect freedoms of expression, association, and peaceful assembly, including the ability of civil society organizations and the media to function without interference; and improve the transparency and accountability of security forces.
The report required by subparagraph
(A)may be provided in classified form if necessary. Of the funds appropriated by this Act under the heading Economic Support Fund , up to $150,000,000 may be made available for assistance for Egypt, subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961: Provided , That such funds may be made available for democracy programs: Provided further , 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 consistent and effective steps to stabilize the economy and implement market-based economic reforms. Of the funds appropriated by this Act under the heading Foreign Military Financing Program , up to $1,300,000,000, to remain available until September 30, 2017, shall 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 not later than 90 days after enactment of this Act, the Secretary shall consult with the Committees on Appropriations on any plans to restructure military assistance for Egypt. No conviction issued by the Cairo Criminal Court on June 4, 2013, in “Public Prosecution Case No. 1110 for the Year 2012”, against a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States, shall be considered a conviction for purposes of United States law or for any activity undertaken within the jurisdiction of the United States. The terms and conditions of paragraphs
(1)and
(2)of section 7041(c) in division I of Public Law 112–74 shall continue in effect during fiscal year 2016 as if part of this Act. The Secretary of State shall submit to the Committees on Appropriations, not later than 90 days after the date of enactment of this Act and at the end of each 90-day period thereafter until September 30, 2016, a report on the status of the bilateral and multilateral efforts aimed at curtailing the pursuit by Iran of nuclear weapons technology. The Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the Committees on Appropriations, not later than 180 days after the date of enactment of this Act, a report on the status of bilateral United States and multilateral sanctions against Iran and actions taken by the United States and the international community to enforce sanctions against Iran, including for proliferation, terrorism, and human rights violations: Provided , That the report shall include the requirements described under this subsection in the report accompanying this Act and may be submitted in classified form if necessary. The Secretary of State 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, 2016, 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 shall be made available for assistance for Iraq to promote governance, security, and internal and regional stability, including in Kurdistan and other areas impacted by the conflict in Syria, and among Iraq’s religious and ethnic minority populations. 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. 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 should be made available to enhance the capacity of Kurdistan Regional Government security services and for security programs in Kurdistan to address requirements arising from the violence in Syria and Iraq: Provided , That the Secretary of State shall consult with the Committees on Appropriations prior to obligating such funds. None of the funds appropriated or otherwise made available by this Act may be used by the Government of the United States to enter into a permanent basing rights agreement between the United States and Iraq. Of the funds appropriated by this Act under the headings Economic Support Fund and Foreign Military Financing Program , not less than $1,000,000,000 shall be made available for assistance for Jordan. None of the funds appropriated by this Act may be made available for the Lebanese Internal Security Forces
(ISF)or the Lebanese Armed Forces
(LAF)if the ISF 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 the ISF and LAF to address security and stability requirements in areas affected by the conflict in Syria, following consultation with the appropriate congressional committees. 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: Provided , 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, 2016: Provided further , That any notification submitted pursuant to such sections shall include any funds specifically intended for lethal military equipment. None of the funds appropriated by this Act may be made available for the Government of Libya
(GOL)if the GOL is controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act. None of the funds appropriated by this Act may be made available for assistance for the GOL 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. Any notification required for assistance for Libya for funds appropriated under title III of this Act shall include a detailed description of how regular oversight will be provided by the Department of State or the United States Agency for International Development. 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 not later than 45 days after enactment of this Act, the Secretary of State shall consult with the Committees on Appropriations on the requirements described 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; 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 practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of such assistance inside Syria: Provided , That the Secretary shall promptly inform the appropriate congressional committees of any 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 section 7041(i)(3) 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 appropriate congressional committees 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, and the Palestinians have not, after the date of enactment of this Act, initiated or actively supported an International Criminal Court investigation against Israeli nationals for alleged crimes against 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 2016 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.
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  • Pub. L. 112-74
  • Pub. L. 100-204
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Sec. 7041
Pub. L.Pub. L. 112-74
Pub. L.Pub. L. 100-204
Cites 3Cited by 0 across 0 sources
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