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Code · BILL · 118th Congress · H.R. 4665 (Reported in House) — Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year endin... · Sec. 7041

Sec. 7041.

2,398 words·~11 min read·/bill/118/hr/4665/rh/section-7041

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Of the funds appropriated by this Act for assistance for Egypt— not less than $125,000,000 shall be made available from funds under the heading Economic Support Fund , of which not less than $40,000,000 should be made available for higher education programs, including not less than $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: , That such funds shall be made available for democracy programs, and for development programs in the Sinai.
Provided not less than $1,300,000,000 shall be made available from funds under the heading “Foreign Military Financing Program”, to remain available until September 30, 2025: , That such funds may be transferred to an interest bearing account in the Federal Reserve Bank of New York. Provided In addition to funds made available pursuant to paragraph (1), not less than $75,000,000 of the funds appropriated under the heading Foreign Military Financing Program shall be made available for assistance for Egypt.
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.
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 by the Secretary of State— to support the United States policy to prevent Iran from achieving the capability to produce or otherwise obtain a nuclear weapon; to support an expeditious response to any violation of United Nations Security Council Resolutions or to efforts that advance Iran’s nuclear program; to support the implementation and enforcement of sanctions against Iran for support of nuclear weapons development, terrorism, human rights abuses, and ballistic missile and weapons proliferation; and for democracy programs in support of the aspirations of the Iranian people.
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.
None of the funds appropriated by this Act may be— used to implement or enforce a future agreement with the Government of Iran relating to the nuclear program of Iran, or a renewal of the Joint Comprehensive Plan of Action adopted on October 18, 2015, until such agreement is transmitted to Congress pursuant to section 135 of the Iran Nuclear Agreement Review Act of 2015 ( 42 U.S.C. 2160e ) and such agreement is subject to the advice and consent of the Senate as a treaty and has received the concurrence of two-thirds of Senators concurring; made available to any foreign entity or person that is subject to United Nations or United States bilateral sanctions with respect to the Government of Iran or an entity organized under the laws of Iran or otherwise subject to the jurisdiction of such government; or used to revoke the designation of the Islamic Revolutionary Guard Corps as a Foreign Terrorist Organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ).
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; stabilization assistance; programs to support government transparency and accountability, judicial independence, protect the right of due process, and combat corruption; humanitarian assistance, including in the Kurdistan Region of Iraq; programs to protect and assist religious and ethnic minority populations; and programs to increase United States private sector investment.
Funds appropriated by this Act under titles III through VI may not be made available to an organization or entity controlled by, or an affiliate of, the Badr Organization or to any other organization or entity for which the Secretary of State has credible information is a proxy of Iran. Of the funds appropriated by this Act under the heading Foreign Military Financing Program , not less than $3,300,000,000 shall be available for grants only for Israel which shall be disbursed within 30 days of enactment of this Act:
That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel under this heading shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which not less than $725,300,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development. Provided, Of the funds appropriated by this Act under titles III and IV, not less than $1,650,000,000 shall be made available for assistance for Jordan, of which not less than $845,100,000 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 .
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 ( 8 U.S.C. 1189 ). 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 ISF and the 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 the security of borders 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: Provided, That any notification submitted pursuant to such section shall include any funds specifically intended for lethal military equipment. Provided further, Funds appropriated under titles III and IV of this Act shall be made available for assistance for Morocco. None of the funds appropriated by this Act under the heading International Military Education and Training should be made available for assistance for the Government of Saudi Arabia. None of the funds appropriated or otherwise made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs should be obligated or expended by the Export-Import Bank of the United States to guarantee, insure, or extend (or participate in the extension of) credit in connection with the export of nuclear technology, equipment, fuel, materials, or other nuclear technology-related goods or services to Saudi Arabia unless the Government of Saudi Arabia— has in effect a nuclear cooperation agreement pursuant to section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ); has committed to renounce uranium enrichment and reprocessing on its territory under that agreement; and has signed and implemented an Additional Protocol to its Comprehensive Safeguards Agreement with the International Atomic Energy Agency. Funds appropriated by this Act under titles III and IV may be made available, notwithstanding any other provision of law, for non-lethal stabilization assistance to address the needs of civilians affected by conflict in Syria. 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 the Secretary of State determines may threaten or undermine United States national security interests; and may not be used in areas of Syria controlled by a government led by Bashar al-Assad or associated forces or made available to an organization or entity effectively controlled by an official or immediate family member of an official of such government. 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. Section 7015(j) of this Act regarding the notification of assistance diverted or destroyed shall apply to funds made available for assistance for 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: That such consultation shall include the steps taken to comply with subparagraph (A). Provided, 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 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; initiated or actively supported an ICC investigation against Israeli nationals for alleged crimes against Palestinians; and initiated any further action, whether directly or indirectly, based on an Advisory Opinion of the International Court of Justice that undermines direct negotiations to resolve the Israeli-Palestinian conflict, including matters related to final status and Israel’s longstanding security rights and responsibilities. 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: 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 this clause 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 that are made available for assistance for the West Bank and Gaza shall be made available consistent with section 1004(a) of the Taylor Force Act (title X of division S of Public Law 115–141 ). 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 the date of 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. The Office of Palestinian Affairs in Jerusalem shall report directly to the United States Ambassador to Israel, consistent with the operations of the previous Palestinian Affairs Unit, and may not administer or manage funds appropriated under title III of this Act.
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