Sec. 7041.

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Funds appropriated by this Act that are available for assistance for Egypt may be made available notwithstanding any other provision of law restricting assistance for Egypt, except for this subsection and section 620M of the Foreign Assistance Act of 1961, and may only be made available for assistance for the Government of Egypt 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 $125,000,000 may be made available for assistance for Egypt, of which up to $40,000,000 should be made available for higher education programs, including $15,000,000 for scholarships for Egyptian students with high financial need to attend not-for-profit institutions of higher education in Egypt that are currently accredited by a regional accrediting agency recognized by the United States Department of Education, or meets standards equivalent to those required for United States institutional accreditation by a regional accrediting agency recognized by such Department:

Provided , That such funds shall be made available for democracy programs, and for development programs in the Sinai: Provided further , 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. 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, 2022, may be made available for assistance for Egypt:

Provided , 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 further , That 20 percent of such funds shall be withheld from obligation until the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Egypt is taking, on a sustained and effective basis, the steps enumerated under this section in the report accompanying this Act:

Provided further , 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. The Secretary of State may waive the certification requirement in subparagraph

(A)with respect to 95 percent of the amount withheld from obligation pursuant to such subparagraph if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national security interest of the United States, and includes in such report a detailed justification for the use of such waiver and the reasons why any of the certification requirements of subparagraph

(A)cannot be met: Provided , That the report required by this paragraph shall be submitted in unclassified form, but may be accompanied by a classified annex. The remaining 5 percent may only be made available for obligation if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Egypt has completed action to provide fair and commensurate compensation to American citizen April Corley for injuries suffered by Egyptian armed forces on September 13, 2015: Provided , That none of the funds withheld pursuant to subparagraph

(A)shall be transferred to the interest bearing account referenced in subparagraph

(A)until the determination in the preceding sentence has been provided to the Committees on Appropriations. Funds appropriated by this Act under the headings Diplomatic Programs , Economic Support Fund , and Nonproliferation, Anti-terrorism, Demining and Related Programs shall be made available for the programs and activities described under this section in the report accompanying this Act. The Secretary of State shall submit to the Committees on Appropriations the semi-annual report required by section 135(d)(4) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2160e(d)(4) ), as added by section 2 of the Iran Nuclear Agreement Review Act of 2015 ( Public Law 114–17 ). Not later than 180 days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on— the status of United States bilateral sanctions on Iran; the reimposition and renewed enforcement of secondary sanctions; and the impact such sanctions have had on Iran’s destabilizing activities throughout the Middle East. Funds appropriated under titles III and IV of this Act shall be made available for assistance for Iraq for bilateral economic assistance and international security assistance, including in the Kurdistan Region of Iraq and for programs to protect and assist religious and ethnic minority populations in Iraq as described under this section in the report accompanying this Act. 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 titles III and IV, not less than $1,525,000,000 shall be made available for assistance for Jordan, of which not less than $800,000,000 of the funds appropriated under the heading Economic Support Fund shall be made available for budget support for the Government of Jordan and not less than $425,000,000 shall be made available under the heading Foreign Military Financing Program . Funds appropriated under titles III and IV of this Act shall be made available for assistance for Lebanon: Provided , That such funds made available under the heading Economic Support Fund 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). Funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement and Foreign Military Financing Program that are made available for assistance for Lebanon may be made available for programs and equipment for the Lebanese Internal Security Forces

(ISF)and the Lebanese Armed Forces

(LAF)to address security and stability requirements in areas affected by conflict in Syria, following consultation with the appropriate congressional committees. Funds appropriated by this Act under the heading Foreign Military Financing Program that are made available for assistance for Lebanon may only be made available for programs to— professionalize the LAF to mitigate internal and external threats from non-state actors, including Hizballah; strengthen border security and combat terrorism, including training and equipping the LAF to secure the borders of Lebanon and address security and stability requirements in areas affected by conflict in Syria, interdicting arms shipments, and preventing the use of Lebanon as a safe haven for terrorist groups; and implement United Nations Security Council Resolution 1701: , That prior to obligating funds made available by this subparagraph for assistance for the LAF, the Secretary of State shall submit to the Committees on Appropriations a spend plan, including actions to be taken to ensure equipment provided to the LAF is used only 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 June 1, 2021: Provided Provided further , That any notification submitted pursuant to such section shall include any funds specifically intended for lethal military equipment. None of the funds appropriated by this Act may be made available for the ISF or the 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 ( 8 U.S.C. 1189 ). 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 such funds. Funds appropriated under title III of this Act shall be made available for assistance for the Western Sahara: Provided , 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. 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 2017. None of the funds appropriated by this Act under the heading International Military Education and Training may be made available for assistance for the Government of Saudi Arabia. Funds appropriated or otherwise made available by this Act may be made available notwithstanding any other provision of law for non-lethal stabilization assistance for Syria, including for emergency medical and rescue response and chemical weapons use investigations. Funds made available pursuant to paragraph

(1)of this subsection— may not be made available for a project or activity that supports or otherwise legitimizes the Government of Iran, foreign terrorist organizations (as designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 )), or a proxy of Iran in Syria; may not be made available for activities that further the strategic objectives of the Government of the Russian Federation that may threaten or undermine United States national security interests; and should not be used in areas of Syria controlled by a government led by Bashar al-Assad or associated forces. Prior to the obligation of any 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. 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. Of the funds appropriated under titles III and IV of this Act, not less than $191,400,000 shall be made available for assistance for Tunisia. 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 initiated or actively supported an ICC 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)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: 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. Funds appropriated by this Act under the heading Economic Support Fund and made available for assistance for the West Bank and Gaza shall not be made available in contravention of section 1004(a) of the Taylor Force Act (title X of division S of Public Law 115–141 ). Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for private sector partnership programs for the West Bank and Gaza if such funds are authorized: Provided , That funds made available pursuant to this paragraph shall be subject to prior consultation with the appropriate congressional committees, and the regular notification procedures of the Committees on Appropriations. The reporting requirements 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. Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing steps taken by the Palestinian Authority to counter incitement of violence against Israelis and to promote peace and coexistence with Israel. 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 global health, humanitarian, and stabilization assistance for Yemen.

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