Sec. 7041. middle east and north africa

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## SEC. 7041 middle east and north africa ###

(a)Egypt ####

(1)Certification and report 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— #####

(A)sustaining the strategic relationship with the United States; and #####

(B)meeting its obligations under the 1979 Egypt-Israel Peace Treaty. ####

(2)Economic support fund Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $125,000,000 shall be made available for assistance for Egypt, 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: * Provided*, That such funds shall be made available for democracy programs, and for development programs in the Sinai. ####

(3)Foreign military financing program #####

(A)Certification Of the funds appropriated by this Act under the heading “Foreign Military Financing Program”, $1,300,000,000, to remain available until September 30, 2023, should 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, and the uses of any interest earned on such funds shall be subject to the regular notification procedures of the Committees on Appropriations: * Provided further*, That $235,000,000 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 sustained and effective steps to— ######

(i)strengthen the rule of law, democratic institutions, and human rights in Egypt, including to protect religious minorities and the rights of women, which are in addition to steps taken during the previous calendar year for such purposes; ######

(ii)implement reforms that protect freedoms of expression, association, and peaceful assembly, including the ability of civil society organizations, human rights defenders, and the media to function without interference; ######

(iii)hold Egyptian security forces accountable, including officers credibly alleged to have violated human rights; ######

(iv)investigate and prosecute cases of extrajudicial killings and forced disappearances; and ######

(v)provide regular access for United States officials to monitor such assistance in areas where the assistance is used: * 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. #####

(B)Waiver The Secretary of State may waive the certification requirement in subparagraph

(A)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 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: * Provided*, That the report required by this paragraph shall be submitted in unclassified form, but may be accompanied by a classified annex. #####

(C)In addition to the funds withheld pursuant to subparagraph (A), $85,000,000 of the funds made available pursuant to this paragraph shall be withheld from obligation until the Secretary of State determines and reports to the Committees on Appropriations that the Government of Egypt is making clear and consistent progress in releasing political prisoners, providing detainees with due process of law, and preventing the intimidation and harassment of American citizens. ####

(4)Pre-obligation determination Prior to the initial obligation of funds made available by this Act under the heading “Foreign Military Financing Program” for assistance for Egypt, the Secretary of State shall submit a report to the appropriate congressional committees on known disputes involving injuries to American citizens caused by the Egyptian military, steps taken by the Government of Egypt to resolve, or facilitate the just resolution of, such disputes, and the remaining obstacles to such a resolution. ###

(b)Iran ####

(1)Funding 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 House Report 117-84. ####

(2)Reports #####

(A)Semi-annual report 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). #####

(B)Sanctions report 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— ######

(i)the status of United States bilateral sanctions on Iran; ######

(ii)the reimposition and renewed enforcement of secondary sanctions; and ######

(iii)the impact such sanctions have had on Iran’s destabilizing activities throughout the Middle East. ###

(c)Iraq ####

(1)Purposes Funds appropriated under titles III and IV of this Act shall be made available for assistance for Iraq for— #####

(A)bilateral economic assistance and international security assistance, including in the Kurdistan Region of Iraq; #####

(B)stabilization assistance, including in Anbar Province; #####

(C)programs to support government transparency and accountability, judicial independence, protect the right of due process, and combat corruption; #####

(D)humanitarian assistance, including in the Kurdistan Region of Iraq; and #####

(E)programs to protect and assist religious and ethnic minority populations in Iraq, including as described under this section in House Report 117-84. ####

(2)Basing rights 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. ###

(d)Israel 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: * Provided*, 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 $785,300,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development. ###

(e)Jordan 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”. ###

(f)Lebanon ####

(1)Assistance 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). ####

(2)Security assistance #####

(A)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. #####

(B)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— ######

(i)professionalize the LAF to mitigate internal and external threats from non-state actors, including Hizballah; ######

(ii)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 ######

(iii)implement United Nations Security Council Resolution 1701: * Provided*, 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 further*, That any notification submitted pursuant to such section shall include any funds specifically intended for lethal military equipment. ####

(3)Limitation 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). ###

(g)Libya Funds appropriated under titles III and IV of this Act shall be made available for stabilization assistance for Libya, including support for a United Nations-facilitated political process and border security: * Provided*, That the limitation on the uses of funds for certain infrastructure projects 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 such funds. ###

(h)Morocco Funds appropriated under titles III and IV of this Act shall be made available for assistance for Morocco. ###

(i)Saudi Arabia ####

(1)Prohibition 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. ####

(2)Export-import bank 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— #####

(A)has in effect a nuclear cooperation agreement pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153); #####

(B)has committed to renounce uranium enrichment and reprocessing on its territory under that agreement; and #####

(C)has signed and implemented an Additional Protocol to its Comprehensive Safeguards Agreement with the International Atomic Energy Agency. ###

(j)Syria ####

(1)Non-lethal assistance 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 for Syria, including for emergency medical and rescue response and chemical weapons investigations. ####

(2)Limitations Funds made available pursuant to paragraph

(1)of this subsection— #####

(A)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; #####

(B)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 #####

(C)should not be used in areas of Syria controlled by a government led by Bashar al-Assad or associated forces. ####

(3)Consultation and notification 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. ###

(k)Tunisia ####

(1)Assistance Funds appropriated under titles III and IV of this Act shall be made available for assistance for Tunisia for programs to improve economic growth and opportunity, support democratic governance and civil society, protect due process of law, and maintain regional stability and security, following consultation with the Committees on Appropriations. ####

(2)Spend plan Not later than 90 days after enactment of this Act, the Secretary of State shall submit a spend plan consistent with the requirements in section 7062(b) of this Act. ####

(3)Report Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations on the extent to which— #####

(A)the Government of Tunisia is implementing economic reforms, countering corruption, and taking credible steps to restore constitutional order and democratic governance, including respecting freedoms of expression, association, and the press, and the rights of members of political parties; #####

(B)the Government of Tunisia is maintaining the independence of the judiciary and holding security forces who commit human rights abuses accountable; and #####

(C)the Tunisian military has remained an apolitical and professional institution. ###

(l)West Bank and Gaza ####

(1)Assistance Funds appropriated by this Act under the heading “Economic Support Fund” shall be made available for programs in the West Bank and Gaza, which may include water, sanitation, and other infrastructure improvements. ####

(2)Report on assistance 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— #####

(A)advance Middle East peace; #####

(B)improve security in the region; #####

(C)continue support for transparent and accountable government institutions; #####

(D)promote a private sector economy; or #####

(E)address urgent humanitarian needs. ####

(3)Limitations #####

(A)######

(i)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— ######

(I)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 ######

(II)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. ######

(ii)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. #####

(B)######

(i)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— ######

(I)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 ######

(II)initiated or actively supported an ICC investigation against Israeli nationals for alleged crimes against Palestinians. ######

(ii)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 this clause may be exercised. ######

(iii)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. ####

(4)Application of taylor force 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). ####

(5)Security report 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. ####

(6)Incitement report 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.

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