Sec. 7041.
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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 , 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 needs: , That such funds may be made available for education and economic growth programs notwithstanding any provision of law restricting assistance for Egypt, and following prior consultation with the Committees on Appropriations:
Provided , That such funds may not be made available for cash transfer assistance or budget support unless the Secretary of State certifies and reports 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. Provided further The Secretary of State shall withhold from obligation an amount of such funds that the Secretary determines to be 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 until the Secretary certifies and reports to the Committees on Appropriations that the Government of Egypt has dismissed the convictions issued by the Cairo Criminal Court on June 4, 2013, in Public Prosecution Case No. 1110 for the Year 2012.
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, may be made available for assistance for Egypt if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Egypt— is taking effective steps to advance democracy and human rights in Egypt, including to govern democratically and protect religious minorities and the rights of women, which are in addition to steps taken during the previous calendar year for such purposes; is implementing reforms that protect freedoms of expression, association, and peaceful assembly, including the ability of civil society organizations and the media to function without interference; has released all political prisoners and is providing detainees with due process of law; and is conducting credible investigations and prosecutions of the use of excessive force by security forces: , That such funds 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 the certification requirement of this paragraph shall not apply to funds appropriated by this Act under such heading for counterterrorism, border security, and nonproliferation programs for Egypt, and for development programs in the Sinai, which may be made available notwithstanding any provision of law restricting assistance for Egypt. Provided further The Secretary of State may waive the certification requirement in subparagraph
(A)or any provision of law restricting assistance for Egypt if the Secretary of State determines and reports to the Committees on Appropriations that to do so is important to the national security interest of the United States, and submits a report to such Committees containing a detailed justification for the use of such waiver and the reasons why any of the requirements of subparagraph
(A)cannot be met. The Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this subsection for assistance for Egypt. Notwithstanding any provision of this subsection, section 620M of the Foreign Assistance Act of 1961 shall apply to funds made available by this subsection for assistance for Egypt. The terms and conditions of paragraphs
(1)and
(2)of section 7041(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 ) shall continue in effect during fiscal year 2016 as if part of this Act. Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $32,000,000 shall be made available for democracy programs for Iran: , That such funds shall be the responsibility of the Assistant Secretary for Near Eastern Affairs, Department of State, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State. Provided The reporting requirements in section 7043(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 ) shall continue in effect during fiscal year 2016 as if part of this Act: , That the date in subsection (c)(1) shall be deemed to be Provided September 30, 2016 . 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, which may be submitted in classified form if necessary. Funds appropriated by this Act may 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 diplomatic facilities in Iraq on property for which no land-use agreement has been entered into by the Governments of the United States and Iraq: , That the restrictions in this paragraph shall not apply if such funds are necessary to protect United States diplomatic facilities or the security, health, and welfare of United States personnel. 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 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: , That the Secretary of State shall consult with the Committees on Appropriations prior to obligating such funds. Provided 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, consistent with the Memorandum of Understanding on Strategic Partnership between the Hashemite Kingdom of Jordan and the United States, signed on March 2, 2015. In addition to amounts made available in paragraph (1), funds appropriated by this Act shall be made available for programs to implement the Jordan Response Plan 2015 for the Syria Crisis, including assistance for host communities in Jordan: , That not later than 180 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations describing the United States and other donor contributions to such Plan. Provided In addition to amounts made available in paragraphs (1), 2(A), and 2(C), of the funds appropriated by this Act under the heading Economic Support Fund , not less than $75,000,000 shall be made available for budget support for the Government of Jordan: , That of the funds appropriated by this Act for assistance for Jordan, not less than $204,000,000 shall be made available for budget support for the Government of Jordan. Provided In addition to amounts made available in paragraphs (1), (2)(A), and (2)(B), of the funds appropriated by this Act, $100,000,000 shall be made available for water sector support for Jordan: , That the Secretary of State shall consult with the Committees on Appropriations prior to obligating such funds. Provided 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 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 section 1224 of the Foreign Relations Authorization Act, Fiscal Year 2003 ( Public Law 107–228 ; 22 U.S.C. 2346 note). 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, 2016: Provided , That any notification submitted pursuant to such sections shall include any funds specifically intended for lethal military equipment. Provided further Of the funds appropriated by titles III and IV of this Act, not less than $20,000,000 shall be made available for assistance for Libya for programs to strengthen governing institutions, improve border security, and promote democracy and stability in Libya, and for activities to address the humanitarian needs of the people of Libya. 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: , That the limitation in this paragraph shall not apply to funds made available for the purpose of protecting United States Government personnel or facilities. Provided The limitation on the uses of funds in section 7041(f)(2) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 ) shall apply to funds appropriated by this Act that are made available for assistance for Libya. Prior to the initial obligation of funds made available by this Act for assistance for Libya, the Secretary of State shall certify and report to the Committees on Appropriations that all practicable steps have been taken to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this subsection for assistance for Libya. Funds appropriated under title III of this Act shall be made available for assistance for the Western Sahara: , That not later than 90 days after enactment of this Act and prior to the obligation of such funds the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall consult with the Committees on Appropriations on the proposed uses of such funds. Provided Funds appropriated by this Act under the heading Foreign Military Financing Program that are available for assistance for Morocco may only be used for the purposes requested in the Congressional Budget Justification, Foreign Operations, Fiscal Year 2016. Of the funds appropriated by this Act under the headings Economic Support Fund , International Narcotics Control and Law Enforcement , and Peacekeeping Operations , not less than $175,000,000 shall 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; assist Syrian refugees whose education has been interrupted by the ongoing conflict to complete higher education requirements at regional academic institutions; and assist vulnerable populations in Syria and in neighboring countries. Funds appropriated by this Act that are made available for assistance for Syria pursuant to the authority of this subsection shall be made available for a program to strengthen the capability of Syrian diaspora-led organizations and local Syrian civil society organizations to address the immediate and long-term needs of the Syrian people inside Syria in a manner that supports the sustainability of such organizations in implementing Syrian-led humanitarian and development programs and the comprehensive strategy required in section 7041(i)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 ): , That not later than 30 days after enactment of this Act, and prior to the initial obligation of funds, the Secretary of State shall submit an update to such strategy to the Committees on Appropriations, in classified form if necessary. Provided further 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: , 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 response. Provided Funds made available pursuant to this subsection may only be made available following consultation with the appropriate congressional committees. 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
(ICC)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 clause
(i)of this subparagraph resulting from the application of subclause
(I)of such clause if the Secretary certifies 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 the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( 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 taken any action with respect to the ICC that is intended to influence a determination by the ICC to initiate a judicially authorized investigation, or to actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians. Not less than 90 days after the President is unable to make the certification and report pursuant to clause
(i)of this subparagraph, 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: , That any waiver of the provisions of section 1003 of Provided 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. 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: , 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 The reporting requirements contained in section 1404 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ) shall apply to funds made available by this Act, including a description of modifications, if any, to the security strategy of the Palestinian Authority.
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- Pub. L. 112-74
- Pub. L. 111-117
- Pub. L. 107-228
- Pub. L. 100-204
- Pub. L. 110-252
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Sec. 7041
Pub. L.Pub. L. 112-74
Pub. L.Pub. L. 111-117
Pub. L.Pub. L. 107-228
Pub. L.Pub. L. 100-204
Pub. L.Pub. L. 110-252
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