FY23 Senate SFOPS Approps Bill & Report – Middle East-Related Provisions

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July 29, 2022

On 7/28/22, the Senate Appropriations Committee released its version of the FY23 State and Foreign Operations Appropriations bill (SFOPS), along with the Committee’s Report offering more detail into appropriator’s intentions and requirements. The Middle East provisions of the bill — which in theory should now come to the Senate floor (but given the timing this year seems more likely to get incorporated into an omnibus) and the Report are laid out in detail below.

TITLE I — DEPARTMENT OF STATE AND RELATED AGENCY

United States Agency for Global Media (USAGM) [formerly Broadcasting Board of Governors], international broadcasting operations: Perennial bill language providing $877,715,000 “to carry out international communication activities, and to make and supervise grants for radio, Internet, and television broadcasting to the Middle East”. The table included in the Report earmarks $111,148,000 of these funds for “Middle East Broadcasting Networks.”

Center for Middle Eastern-Western Dialogue Trust Fund: Perennial bill provision stating: “For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as authorized by section 633 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the interest and earnings accruing to such Fund on or before September 30, 2023, to remain available until expended.”

Israeli Arab Scholarship Program: Perennial bill provision stating: “For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 2023, to remain available until expended.”

Report language

“Israel.—Not later than 30 days after the date of enactment of the act, the Secretary of State shall consult with the Committees on Appropriations on the use of funds under this heading for Embassy Jerusalem.”

“United Nations Budget and Voting Practices.—The Secretary of State shall transmit to the Committees on Appropriations, concurrent with the submission of the budget request for fiscal year 2024, the most recent biennial budget prepared by the UN for the operations of the UN. In considering bilateral assistance for a foreign government, the Secretary of State shall review, among other factors, the voting practices of such government at the UN in relation to U.S. strategic interests.”

TITLE III — BILATERAL ECONOMIC ASSISTANCE

Development Assistance (DA): In the Report accompanying the bill, the table laying out Development Assistance (DA) allocations includes $10 million for “Refugee Scholarships Program in Lebanon”.

Economic Support Fund (ESF): See Section 7041 (below) for details of ESF for the Middle East in the bill text. In the Report accompanying the bill, the table laying out Economic Support Fund (ESF) allocations includes for the Middle East and North Africa:

Iraq: $150 million, of which, $10 million is for scholarships, $25 million is for democracy, and $2.5 million is for justice sector assistance
Jordan: $1,035,800,000
Lebanon: $112.5 million, of which $13 million is for scholarships
Syria: $125 million
West Bank and Gaza: $225 million
Middle East Partnership Initiative (MEPI): $27.2 million
Middle East Regional Cooperation (MERC): $6 million
Near East Regional Democracy [NERD?]: $55 million
Nita M. Lowey Middle East Partnership for Peace Act: $50 million

The Report further notes:

“The Committee supports continued funding for institutions of higher education in the Middle East, South Asia, and Africa.”
“The Committee recommends $55,000,000 for Near East Regional Democracy programs under this heading, of which $15,000,000 shall be made available for DRL. The Secretary of State shall consult with the Committees on Appropriations on the uses of funds prior to obligation.”

Democracy Fund: The table in the Report recommends Democracy Fund funding for the Middle East as follows: $3 million of Libya and $2 million for “MENA Closing Spaces.”

Migration & Refugee Assistance (MRA): The bill stipulates that, “$5,000,000 shall be made available for refugees resettling in Israel.” [This is a perennial earmark that started out years ago – as a much larger number – when large numbers of Jews were coming to Israel from the former Soviet Union. In recent years it has leveled out at $5 million per year, [which given the numbers of actual refugees Israel is absorbing these days is a huge amount per capita]. The Report accompanying the bill notes: “Funds for refugee resettlement in Israel under this heading shall be awarded by the Department of State on an open and competitive basis.”

TITLE IV – INTERNATIONAL SECURITY ASSISTANCE

International Narcotics Control and Law Enforcement (INCLE): In the Report accompanying the bill, the table laying out INCLE allocations including: $8.9 million for Lebanon; $10 million for Syria; and $40 million for the Palestinian Security Sector program.

Non-proliferation, Anti-terrorism, Demining and Related Programs (NADR): This section of the bill includes a perennial stipulation that “…funds appropriated under this heading may be made available for the IAEA unless the Secretary of State determines that Israel is being denied its right to participate in the activities of that Agency.”

Peacekeeping Operations (PKO): The bill stipulates that, “…not less than $25,000,000 shall be made available for a United States contribution to the Multinational Force and Observers mission in the Sinai.”

International Military Education and Training (IMET): The Report accompanying the bill includes IMET for the Middle East as follows: Iraq – $1 million; Lebanon – $3.5 million

Foreign Military Financing (FMF): Most FMF for the Middle East is covered in Sec. 7041 (see below). In addition,

the FMF table included in the Report accompanying the bill includes $250 million for Iraq.
***NEW*** The Report also includes new language in effect supporting the “DEFEND Act” – legislation included in both the House and Senate FY23 NDAA, supporting the establishment of an anti-Iran regional defense “architecture” anchored by Israel, building on the Abraham Accords, and backed by the US,. The Report states: “Funds appropriated under this heading, including for assistance for Egypt, Jordan, the United Arab Emirates, Bahrain, Sudan, Morocco, and any Gulf Cooperation member countries that the Secretary of State deems appropriate, should be used in part to enhance multilateral defense cooperation with Israel, and to establish integrated air defense networks among such countries and Israel, including to counter missile and unmanned aircraft systems attacks by Iran and proxies of Iran.”

TITLE VII – GENERAL PROVISIONS

Section 7007: Prohibition against direct funding for certain countries

This is perennial bill language banning aid to Cuba, North Korea, Iran, and Syria, extending to loans, credits, insurance, and guarantees of the Export-Import Bank or its agents.

Section 7008: Coups d’état

This is a perennial bill provision stating that no US funding “shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d’état or decree or, after the date of enactment of this Act, a military coup d’état or decree in which the military plays a decisive role.” It also states that “assistance may be resumed to such government if the Secretary of State certifies and reports to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected government has taken office” and that the prohibition in this section “shall not apply to assistance to promote democratic elections or public participation in democratic processes, or to a democratic transition.” Reminder: this is the provision that caused problems for the Obama Administration in the context of Egypt.

Section 7013: Prohibition on taxation of assistance

This is a perennial bill provision barring taxation of U.S. assistance. While this provision appears generic, the only recipient explicitly identified is the West Bank and Gaza. This singling out of the Palestinians reflects the genesis of the provision: long-past allegations that the Palestinian Authority (PA) was taxing U.S. assistance provided to NGOs (recall that under existing law direct aid to the PA is prohibited), and thereby indirectly benefiting from US assistance designed specifically to bypass the PA.

Section 7015: Notification Requirements

Part (f) of this provision states that no funds appropriated under titles III through VI of this Act (pretty much all funds in the bill) may be obligated or expended for assistance to a laundry list of countries, “except as provided through regular notification procedures of the Committees on Appropriations.” From the Middle East, the list includes (this year): Bahrain, Egypt, Iran, Iraq, Lebanon, Libya, Syria, Tunisia, and Yemen.

Section 7021: Prohibition on assistance to governments supporting international terrorism

Perennial bill provision prohibiting funding to any country “which provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism…” and prohibits bilateral assistance to any country that supports international terrorism, gives sanctuary to terrorist, or is controlled by a terrorist organization. The section includes national security waivers for both restrictions.

Section 7032: Democracy Programs

Part (a) of this section of the bill earmarks not less than $2,900,000,000 for democracy programs, (as defined later in this provision). Part (e) states that funding and programs under this section “shall not be subject to the prior approval by the government of any foreign country.” The Report accompanying the bill includes a table laying out recommended ESF under the Bureau of Democracy, Human Rights, and Labor, including, for the Middle East: Iraq – $25 million; Near Eastern Regional Democracy – $15 million; Syria – $11 million; Yemen – $3 million

Section 7033: International Religious Freedom

Part (c) notes: “Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading ‘‘Economic Support Fund’’ may be made available notwithstanding any other provision of law for assistance for ethnic and religious minorities in Iraq and Syria.”

Section 7034: Special Provisions

Part (k)(6) – Inspector General Annuitant Waiver – provides for existing authorities to remain in effect through September 30, 2023 “and may be used to facilitate the assignment of persons for oversight programs in Somalia, South Sudan, Syria, Venezuela, and Yemen.” Part (k)(12) provides an extension of the exiting US loan guarantees to Israel for an additional 5 years (through September 30, 2028).

Section 7035: Law Enforcement and Security

Part (b)(3) of this section of the bill is a perennial provision providing for financing of commercial leasing of defense articles to Israel, Egypt, and the North Atlantic Treaty Organization (NATO), and major non-NATO allies.

Part (c)(2) lays out limitations related to landmines and cluster munitions.

Part (c)(3) states that “If the Secretary of State has information that a unit of a foreign security force uses excessive force to repress peaceful expression or assembly concerning corruption, harm to the environment or human health, or the fairness of electoral processes, or in countries that are undemocratic or undergoing democratic transition, the Secretary shall promptly determine if such information is credible: Provided, That if the information is determined to be credible, funds appropriated by this Act should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd control purposes for such unit, unless the foreign government is taking effective measures to bring the responsible members of such unit to justice.”

Section 7037: Palestinian statehood

Perennial bill provision barring (with extensive language) assistance to a Palestinian state that does not meet a series of conditions (includes perennial Presidential waiver authority).

Section 7038: Prohibition on Assistance to the Palestinian Broadcasting Corp

Perennial language (dating back many many years) barring any U.S. assistance to the Palestinian Broadcasting Corporation.

Section 7039: Assistance for the West Bank and Gaza

Perennial section laying out far-reaching restrictions and conditions, as well as vetting, oversight and audit requirements, for U.S. assistance programs (carried out through non-governmental organizations) in the West Bank and Gaza. The section provides up to $1.3 million to be spent on audits, investigations “and other activities in furtherance of this subsection”.

Section 7040: Limitation on Assistance for the Palestinian Authority

Part (a) bans U.S. assistance to the Palestinian Authority.

Part (b) grants the President authority to waive that ban if doing so is “important to the national security interest of the United States.”

The section also includes a perennial subsection (f) entitled “Prohibition to Hamas and the Palestine Liberation Organization” (lumping together a U.S.-designated Foreign Terrorist Organization with the internationally recognized representative of the Palestinian people that is NOT on the list of U.S.-designated FTO since that list was first published in 1997). This subsection bars funding to the PLO and for salaries of PA personnel in Gaza or for Hamas or any entity “effectively controlled by Hamas, any power-sharing government of which Hamas is a member, or that results from an agreement with Hamas and over which Hamas exercises undue influence.” The formulation in this legislation is designed to make it difficult for the U.S. engage any kind of Palestinian power-sharing government that could result from Fatah-Hamas reconciliation or from some other arrangements that lead to a national unity government or a mutually-agreed technocratic government (the text has evolved over the years in response to Palestinian efforts to achieve such governments).

The section includes language of past bills stipulating that the prohibition does not apply if the President “certifies and reports to the Committees on Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended.” It also includes the proviso that, “the President may exercise the authority in section 620K(e) of the Foreign Assistance Act of 1961, as added by the Palestine Anti-Terrorism Act of 2006 (Public Law 109-446) with respect to this subsection.”

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As a reminder: Section 620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as amended, reads as follows:

(b) Certification.–A certification described in subsection (a) is a certification transmitted by the President to Congress that contains a determination of the President that–

(1) no ministry, agency, or instrumentality of the Palestinian Authority is effectively controlled by Hamas, unless the Hamas-controlled Palestinian Authority has–

(A) publicly acknowledged the Jewish state of Israel’s right to exist; and

(B) committed itself and is adhering to all previous agreements and understandings with the United States Government, with the Government of Israel, and with the international community, including agreements and understandings pursuant to the Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict (commonly referred to as the `Roadmap’).

And 620K(e) reads as follows:

(e) National Security Waiver.–

(1) In general.–Subject to paragraph (2), the President may waive subsection (a) with respect to-

(A) the administrative and personal security costs of the Office of the President of the Palestinian Authority;

(B) the activities of the President of the Palestinian Authority to fulfill his or her duties as President, including to maintain control of the management and security of border crossings, to foster the Middle East peace process, and to promote democracy and the rule of law; and

(C) assistance for the judiciary branch of the Palestinian Authority and other entities.

(2) Certification.–The President may only exercise the waiver authority under paragraph (1) after–

(A) consulting with, and submitting a written policy justification to, the appropriate congressional committees; and

(B) certifying to the appropriate congressional committees that–

(i) it is in the national security interest of the United States to provide assistance otherwise prohibited under subsection (a); and

(ii) the individual or entity for which assistance is proposed to be provided is not a member of, or effectively controlled by (as the case may be), Hamas or any other foreign terrorist organization.

(3) Report.—Not later than 10 days after exercising the waiver authority under paragraph (1), the President shall submit to the appropriate congressional committees a report describing how the funds provided pursuant to such waiver will be spent and detailing the accounting procedures that are in place to ensure proper oversight and accountability.

(4) Treatment of certification as notification of program change.–For purposes of this subsection, the certification required under paragraph (2)(B) shall be deemed to be a notification under section 634A and shall be considered in accordance with the procedures applicable to notifications submitted pursuant to that section.

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Section 7041: Middle East and North Africa

Abraham Accords

The Report accompanying the bill states: “The Secretary of State should seek to address conditions relating to fundamental rights, including defending the right of due process, the rights of women, and the rights of religious minorities; fostering religious tolerance; and combating anti-Semitism, in engagements with countries that are party to the Abraham Accords.”

Arab League Boycott of Israel

The Report accompanying the bill includes this section – which is a version of a section historically has been included in the bill text, updated to now embrace/promote the Abraham Accords and broader normalization between Israel and the region. It reads: “It is the sense of the Congress that: (1) the Arab League boycott of Israel remains a symbolic impediment to trade and investment in the Middle East and should be terminated forthwith; (2) several Arab States and Israel have made important progress toward peace through treaties, the Abraham Accords, and normalization agreements, opening a path toward a more stable and prosperous Middle East; (3) all Arab League States should join Egypt, Jordan, the United Arab Emirates, Bahrain, Morocco, and Sudan in establishing and normalizing relations with Israel, in addition to promoting peace negotiations, economic cooperation, and security cooperation between Israelis and Palestinians; (4) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and; (5) the President should support broadening and deepening participation in the Abraham Accords, or other normalization agreements, and report annually to the appropriate congressional committees on the U.S. Government strategy and steps being taken by the United States to encourage additional Arab League and other Muslim-majority States to normalize relations with Israel, in addition to advancing the prospects for peace between Israelis and Palestinians. Not later than 90 days after the date of enactment of the act, the Secretary of State shall report on specific steps being taken by the United States to encourage Arab League States to normalize their relations with Israel and to bring about the termination of the Arab League boycott of Israel, including identifying those States that continue to actively enforce the boycott.”

Bahrain

While the bill text does not in any way address Bahrain, the Report accompanying the bill notes: “The Committee remains concerned with reports of the widespread use of arbitrary detention, torture, violations of due process, and unfair trials in Bahrain, and notes that the suppression of peaceful dissent and free expression may negatively impact stability in that country. Not later than 60 days after the date of enactment of the act, the Secretary of State shall submit a report to the Committees on Appropriations detailing efforts made on behalf of political prisoners in Bahrain and the Government of Bahrain’s response.”

Section 7041(a): Egypt

Bill text

Overall conditions on aid: This section of the bill stipulates that 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 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.”

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Reminder: Section 620M of the Foreign Assistance Act of 1961 states that “No assistance shall be furnished under this Act or the Arms Export Control Act to any unit of the security forces of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights.” It adds that this prohibition “shall not apply if the Secretary determines and reports to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations that the government of such country is taking effective steps to bring the responsible members of the security forces unit to justice.”

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ESF: The bill earmarks for Egypt “not less than” $125 million in ESF, of which up to $40 million “should be made available for higher education programs,” including $15 million for scholarships; provided that such funds “shall be made available for democracy programs, and for development programs in the Sinai”.

FMF: The bill earmarks up to $1.3 billion in FMF for Egypt, to remain available until September 30, 2024, and stipulates that these funds may be transferred to the interest-bearing account (a benefit granted to Egypt years ago by Congress to try to create some symmetry with Israel’s early disbursal provision). The bill stipulates that $235 million 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.” The section stipulates that the certification does not apply to funding for counterterrorism, border security, and nonproliferation programs for Egypt.

WAIVER: The bill provides the Secretary of State authority to waive the aforementioned certification requirement if he determines that doing so is “important to the national security interest of the United States” – but also imposes an additional withholding requirement: $95 million in FMF shall be withheld from obligation until the Secretary of State determines and reports to Congress 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.” There is no waiver provided for this withholding.

Pre-Obligation Determination: The final part of this section – part 4 – stipulates: “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 during the preceding 12 months by the Government of Egypt to resolve, or facilitate the just resolution of, such disputes, the reasons for any delay in resolving such disputes, and the remaining obstacles to such a resolution.”

Report language

The Report accompanying the bill includes extensive language regarding Egypt:

April Corley.—The Committee notes that it has been more than 6 years since American citizen April Corley was severely injured and permanently disabled as a result of an attack on September 13, 2015, against her tour group by the Egyptian military using U.S.-manufactured helicopters, rockets, and ammunition. The Secretary of State shall continue to submit the reports required by section 7041(a)(4) of division G Public Law 116–94 in the manner described in such section.
Certification.—In determining whether to make the certification required by subsection (a)(3)(A), the Secretary of State shall consider the cases of Hosam Khalaf, Salah Soltan, Anas El-Beltagy, Abdulrahman Tarek, Alaa Abdel Fattah, and Mohamed El-Baqer. The Committee urges that humane treatment and fair trials be afforded to these and other prisoners in Egypt.
Counterterrorism Campaign in the Sinai.—Not later than 60 days after the date of enactment of the act, the Secretary of State, in consultation with the Secretary of Defense, shall update the report required under this heading in Senate Report 116–126 on Egypt’s compliance with end-use monitoring agreements for the use of U.S. military equipment in the Sinai during the 12 months preceding the date of enactment of the act, including any incidents of use of such equipment for the purpose of damaging or destroying civilian infrastructure, and the Department’s response to such use. The report shall also indicate the access requested by, and granted to, U.S. Government personnel to conflicted areas in the Sinai for purposes of monitoring the use of U.S. equipment.
Higher Education and Scholarships.—The Committee recommends not less than $15,000,000 for Egyptian students with high financial need to attend not-for-profit institutions of higher education in Egypt that meet certain standards comparable to those required for U.S. institutional accreditation. Students should be eligible for scholarships based on need, outstanding academic record, and leadership potential to contribute to the long-term political, economic, and social development of Egypt. The curriculum of such institutions should encourage critical thinking and be taught in the English language. Not later than 45 days after the date of enactment of the act, the USAID Administrator shall consult with the Committees on Appropriations on the uses of such funds.
Interference.—For purposes of subsection (a)(3)(A)(ii), the term ‘‘interference’’ shall include harassment, threats, violence, and other acts of intimidation.
Report.—Not later than 90 days after the date of enactment of the act, the Secretary of State shall update the report required under this heading in the explanatory statement accompanying division K of Public Law 117–103 on incidents of harassment, threats, and arbitrary detention against American citizens and their family members in Egypt and the United 73 States, including whether such incidents constitute a ‘‘pattern of acts of intimidation or harassment’’ for purposes of section 6 of the Arms Export Control Act (22. U.S.C. 2756). Such report shall also specify any steps taken by the Secretary in response to such incidents.

Section 7041(b): Iran

This section of the bill stipulates that funding in the bill (under Diplomatic Programs, ESF, and NADR) “shall be made available for the programs and activities described under this section in House Report 117-84.” As a reminder, the programs and activities described in House Report 117-84 are: “(1) to support the United States policy to prevent Iran from achieving the capability to produce or otherwise obtain a nuclear weapon; (2) to support an expeditious response to any violation of United Nations Security Council Resolutions or to efforts that advance Iran’s nuclear program; (3) to support the implementation, enforcement, and renewal of sanctions against Iran for its support of nuclear weapons development, terrorism, human rights abuses, and ballistic missile and weapons proliferation; and (4) for democracy programs for Iran, to be administered by 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.”

It also requires the Secretary of State to submit two reports to Congress:

(A) 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) Not later than 180 days after the enactment of this Act, 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.”

The Report accompanying the bill further stipulates:

Reports.—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 90 days after the date of enactment of the act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on: (1) the status of U.S. bilateral sanctions on Iran; and (2) the impact such sanctions have had, if any, on reducing Iran’s destabilizing activities in the Middle East.

Section 7041(c): Iraq

This section stipulates that funds under Titles III and IV of the Act shall be made available for assistance to Iraq for “(1) bilateral economic assistance and international security assistance including in the Kurdistan Region of Iraq; (2) stabilization assistance, including in Anbar Province, (3) programs to support government transparency and accountability, support judicial independence, protect the right of due process, end the use of torture, and combat corruption; (4) humanitarian assistance, including in the Kurdistan Region of Iraq; (5) programs to protect and assist religious and ethnic minority populations and for survivors of violence; and (6) programs to increase United States private investment.”

The Report accompanying the bill states:

“The Committee intends that U.S. diplomatic engagement with, and sustained economic and military assistance for, Iraq should continue to strengthen Iraq’s democratic institutions, security and stability, and long-term development.
Civilian Victims.—The Committee recommends that up to $5,000,000 under the ESF heading be made available from the Marla Ruzicka Fund for Innocent Victims of Conflict to assist Iraqis harmed as a result of armed conflict. Such funds shall be administered by USAID.
Justice Sector Assistance.—The Committee is aware of systemic deficiencies in Iraq’s judicial system, including arbitrary arrests, torture of detainees, lack of due process, and unfair trials. The Committee recommends not less than $5,000,000 under the ESF and INCLE headings to support judicial reforms designed to combat corruption, strengthen adherence to international standards of due process, improve juvenile justice, provide for the humane treatment of prisoners, and support civil society engagement with the judiciary. Such funds shall be made available following consultation with the Committees on Appropriations.
Rice Tender.—The Committee recognizes the importance of maintaining the U.S.-specific rice tender under the terms of the Memorandum of Understanding [MOU] at the current level between the United States and Iraq. Not later than 45 days after the date of enactment of the act, the Secretary of State shall submit a report to the Committees on Appropriations on steps taken by the Governments of the United States and Iraq to maintain the MOU terms for U.S. rice.
Scholarships.—The Committee recommends $10,000,000 for scholarships for students in Iraq, including in the Iraqi Kurdistan Region, at not-for-profit, American-style educational institutions that meet standards comparable to those required for U.S. accreditation. Such funds should include support for programs that equip Iraqi university and institute graduates with the knowledge and skills required to obtain gainful employment in the private sector, and shall be awarded on an open and competitive basis. Not later than 90 days after the date of enactment of the act, the Secretary of State shall report to the Committees on Appropriations on steps taken to support Iraqi institutions of higher education that have accepted students from Afghanistan.

Section 7041(d): Israel

This section earmarks “not less than” $3.3 billion for Israel, to be disbursed (as usual) in a lump sum within 30 days of this Act becoming law, and with permission for Israel to use $775,300,000 for procurement in Israel.

Reminder: As highlighted previously in the Round-Up, these little-remarked stipulations – early disbursal and permission for almost $800 million of FMF to be spent inside Israel – are unique to Israel’s aid program. Both significantly increase the value of the assistance to Israel and the cost of the assistance to the U.S. In all other cases, FMF is obligated and disbursed by the U.S. on an as-used basis, meaning that the U.S. either keeps the money in the U.S. Treasury until it is needed (where it earns interest) or if the money is not in the U.S. Treasury, the U.S. does not have to borrow it until it is needed (meaning less interest paid). In the case of Israel, the entire amount is handed over in a lump sum within 30 days of the law passing, meaning that Israel can bank the money and earn interest on it (which it can spend however and wherever it likes). In addition, in all other cases, FMF must be spent inside the U.S. (unless a specific exemption is granted). The logic behind this is that FMF is not just a “gift” to a foreign country but is actually a form of investment in the U.S. economy. In Israel’s case, however, almost $800 million of FMF may be used in Israel, rather than for the benefit of U.S. industry (this amount is gradually being phased out, but between now and the time it is phased out completely it still represents billions of dollars).

Lowey Fund: In addition, this section of the bill states: “Of the funds appropriated by this Act under the heading ‘Economic Support Fund’ that are made available for implementation of the Nita M. Lowey Middle East Partnership for Peace Act of 2020 (title VIII of division K of Public Law 116–260), not less than $1,500,000 shall be made available for a new women’s leadership program that brings together Israeli and Palestinian women who are committed to working in pursuit of Middle East peace.”

The Report accompanying the bill states:

The Committee supports cooperation between the Department of State and USAID and Israel’s Agency for International Development Cooperation to advance shared development goals in third countries and the West Bank across a variety of sectors, including energy, agriculture, food security, democracy, governance, economic growth, trade, education, the environment, health, water, and sanitation.
The Secretary of State and USAID Administrator, as appropriate, shall ensure that funds made available by the act and prior acts that are made available for cooperative programs with Israel include sufficient safeguards to protect against intellectual property, research and development, and other threats by the PRC. The Committee encourages such programs to facilitate cooperation between Israelis and Palestinians, as appropriate and to the extent feasible.
Not later than 60 days after the date of enactment of the act, the Secretary of State or the USAID Administrator, as appropriate, shall consult with the Committees on Appropriations on the design and implementation of a new Israeli-Palestinian women’s leadership program with funds made available pursuant to subsection (d)(2) of the act, including the criteria for selecting participants.

Section 7041(e): Jordan

The bill states that $1,457,500,000 under Titles III and IV of the bill “should” be made available for Jordan (a soft earmark). It further stipulates that with respect to ESF, “$75,000,000 shall remain available until September 30, 2026, and may be made available for assistance for Jordan if negotiated benchmarks towards reforms are met: Provided further, That such funds may be reprogrammed for other countries and programs, subject to the regular notification procedures of the Committees on Appropriations.”

The Report accompanying the bill states:

The Committee notes that the Governments of the United States and the Hashemite Kingdom of Jordan announced on July 16, 2022, the intent to sign a new, seven-year MOU. The Committee recommends the amount included in such MOU, which totals annual U.S. assistance of $1,457,500,000, including $75,000,000 tied to negotiated benchmarks towards reforms.
Justice Sector Reform.—The Committee remains concerned with corruption and abuses within Jordan’s judicial system, including arbitrary and incommunicado detention, mistreatment of detainees by law enforcement personnel, and irregularities by prosecutorial authorities, and urges the Government of Jordan to prioritize law enforcement and judicial reforms.

Section 7041(f): Lebanon

The bill text states that funds under titles III and IV “shall be made available for assistance to Lebanon.” It also states that ESF 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).”

This bill text also stipulates that INCLE and FMF funding 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.”

It notes further that FMF funding for Lebanon may only be used 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.”

It further stipulates that the Secretary of State must consult with the Committees on Appropriations prior to obligating any funds for the LAF, and that no funding shall be made available for the ISF or LAF if either is “controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).”

The Report accompanying the bill notes, with respect to Lebanon:

The Committee recommends not less than $282,460,000 for assistance for Lebanon, and continues conditions on assistance consistent with the prior fiscal year. The Committee also supports additional assistance for Lebanon under the IDA heading, and notes that a further weakening of stability in Lebanon will have significant, adverse consequences for the Middle East and Europe regions.
Border Dispute Resolution.—The Committee supports efforts to help facilitate the resolution of border disputes between Lebanon and Israel. Not later than 90 days after the date of enactment of the act, the Secretary of State shall brief the Committees on Appropriations on steps taken during the prior fiscal year to resolve such disputes.
Lebanese Armed Forces.—As in the past, the Committee expects that no funds made available by the act will benefit or legitimize Hizballah or any other foreign terrorist organizations [FTOs] operating in Lebanon. The Committee notes that as a current recipient of U.S. foreign assistance, the Lebanese Armed Forces [LAF] are not controlled by an FTO.
Not later than 60 days after the date of enactment of the act, the Secretary of State shall submit to the Committees on Appropriations a report detailing any credible information available to the Secretary regarding the use of torture or other cruel or inhumane treatment at prisons and other detention facilities administered by the LAF and Internal Security Forces.
Lebanese Scholarships.—The Committee recommends $13,000,000 for scholarships for Lebanese students with high financial need to attend not-for-profit educational institutions in Lebanon that meet standards comparable to those required for American accreditation. Students should be eligible for scholarships if they demonstrate financial need, have strong academic records, and show potential to contribute to the long-term political, economic, and social development of Lebanon. The funds are to be awarded through an open and competitive process.
Refugee Scholarships.—The Committee recommends $10,000,000 to continue the undergraduate and graduate scholarship program for refugees in Lebanon, including Palestinians and Syrians. Such funds are in addition to funds made available for assistance for Lebanon under the ESF heading and are to be administered consistent with the Lebanon scholarship program at not-for-profit educational institutions in Lebanon that meet the standards required for American accreditation.

Section 7041(g): Libya

This section states that “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.”

Section 7041 (h): Saudi Arabia

This section states that: “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.”

It also bars funding for the Export-Import Bank to “guarantee, insure, or extend (or participate in the extension of) credit in connection with the export of nuclear technology, equipment, fuel, material, or other nuclear-related goods and 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.”

Section 7041(i): Syria

This section states that “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 use investigations.” The section stipulates that such funds may not be made available for 3 things: (A) “a project or activity that supports or otherwise legitimizes the Government of Iran, foreign terrorist organizations…or a proxy of Iran in Syria;” (B) “…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) “in areas of Syria controlled by a government led by Bashar al-Assad or associated forces.” This section also lays out monitoring/oversight and consultation/notification requirements.

The Report accompanying the bill notes: “The Committee notes with concern the growing security threat posed by conditions at the al-Hol displacement camp in Syria and associated ISIS-detention sites being guarded by the Syrian Democratic Forces, where over 70 percent of the population is under age 18. Not later than 45 days after the date of enactment of the act, the Secretary of State shall brief the Committees on Appropriations on plans to work with U.S. allies to address this emerging threat.”

Section 7041(j): Tunisia

This subsection of the bill states: “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.”

It also requires a report, not later than 90 days after this bill becomes law, 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, that are in addition to steps taken in the preceding fiscal year; (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.”

The Report accompanying the bill notes: “The Committee is increasingly concerned with the authoritarian actions by the President of Tunisia, and intends assistance for Tunisia under titles III and IV of the act to be contingent on measurable progress by the Government of Tunisia in addressing the matters specified in subsection (j)(2)”

Section 7041(k): West Bank and Gaza

Bill text

Assistance: Part 1 of this section is a hard earmark of “not less than” $225 million in ESF for “programs in the West Bank and Gaza, including for water, sanitation, and other infrastructure improvements.”

Report on Assistance: Part 2 of this section is a perennial requirement that prior to the obligation of any funds for the West Bank and Gaza, the Secretary of State shall report to Congress 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.”

Limitations on Assistance: Part 3 lays out further limitations on U.S. funding for the Palestinian Authority, linked to the UN and the ICC.

Barring Aid to the PA: Part 3(A) bars any ESF funding for the PA if after the date this bill becomes law “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 if “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.” This section provides the Secretary of State the authority to waive the ban on assistance to the PA in the case where the Palestinians gain status at the UN if he “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.” No waiver is provided in the case of a Palestinian-initiated or Palestinian-backed effort ICC investigation [which, in fact, exists today) — meaning that under this section, the US is barred from granting any ESF for the PA, period (irrespective of whether the Palestinians adopt policy changes to address the demands of the Taylor Force Act).
Preventing the PLO Office from Re-Opening in the U.S.: Part 3(B) limits the President’s ability to waive longstanding (and anachronistic) legislation barring the PLO from having any representation in the United States. Where for decades Congress granted the President a “clean” national security or national interests waiver of that prohibition (contained in section 1003 of Public Law 100-204), starting in the Obama era Congress moved to make such waiver contingent on the President certifying 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” or “initiated or actively supported an ICC investigation against Israeli nationals for alleged crimes against Palestinians.” This condition on the PLO office can be waived if the President can certify that the Palestinians “have taken credible steps to enter into direct and meaningful negotiations with Israel and it is important to the national security interests of the United States and the conduct of diplomacy in advancing Middle East peace”.

Taylor Force Act: Part 4 of this section notes that “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).”

Security report: Part 5 of this section states: “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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As a reminder, Section 1404 of PL 110-252 states: “Not later than 90 days after the date of enactment of this Act and 180 days thereafter, the Secretary of State shall submit to the Committees on Appropriations a report on assistance provided by the United States for the training of Palestinian security forces, including detailed descriptions of the training, curriculum, and equipment provided; an assessment of the training and the performance of forces after training has been completed; and a description of the assistance that has been pledged and provided to Palestinian security forces by other donors: Provided, That not later than 90 days after the date of enactment of this Act, the Secretary of State shall report to the Committees on Appropriations, in classified form if necessary, on the security strategy of the Palestinian Authority.”

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Incitement report: Part 6 of this section stipulates that, “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.”

Report language

The Report notes, with respect to aid for the West Bank and Gaza:

The Committee urges the Secretary of State and USAID Administrator to continue to provide assistance to encourage Israeli-Palestinian reconciliation and to support municipal infrastructure improvements, such as water and sanitation, roads, and other community projects, which are necessary for a sustainable two-state solution, in accordance with applicable provisons of law.
***NEW*** The Committee directs the Secretary of State to submit a report to the appropriate congressional committees not later than 180 days after the date of enactment of the act on steps taken to facilitate and support an independent, credible, and transparent investigation into the shooting death of Palestinian-American citizen and journalist Shireen Abu Akleh, including whether section 620M of the FAA applies to such case. The report shall detail which independent party conducted the investigation and the findings therein.”

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Western Sahara

The Report accompanying the bill states:

Western Sahara.—The Committee urges the Secretary of State to promote the establishment of a human rights monitoring and reporting mechanism within the United Nations Mission for the Referendum in Western Sahara.
The Committee recommends not less than the prior fiscal year level, within funds provided for the U.S.-Middle East Partnership Initiative, for programs to improve education, healthcare, economic opportunities, and for other assistance for the Western Sahara, and directs the Secretary of State to consult with the Committees on Appropriations on the planned uses of such funds.
None of the funds appropriated or otherwise made available by the act or prior acts may be used to support the construction or operation of a U.S. consulate in the Western Sahara.

Section 7041(l): Yemen

This subsection of the bill states that, “Funds appropriated under title III of this Act and under the headings ‘International Narcotics Control and Law Enforcement’ and ‘Nonproliferation, Anti-terrorism, Demining and Related Programs’ 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.”

The Report notes:

“Pursuant to subsection (l), assistance under title III, International Narcotics Control and Law Enforcement, and Non-proliferation, Anti-terrorism, Demining and Related Programs, shall be made available for health, humanitarian, and stabilization efforts in Yemen.”
“The Committee supports the Administration’s ongoing efforts to press for full and consistent humanitarian access in northern and southern Yemen and a comprehensive nationwide ceasefire that guarantees lasting relief to the Yemeni people. The Committee directs the Secretary of State to continue pressing government officials in Saudi Arabia to unconditionally ease all restrictions on Yemen’s ports and airports and to enable the free flow of fuel, food, and medicine into and throughout Yemen.”

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Section 7046: Europe and Eurasia

Part (d) of this section of the bill states: “None of the funds made available by this Act may be used to facilitate or support the sale of defense articles or defense services to the Turkish Presidential Protection Directorate (TPPD) under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) unless the Secretary of State determines and reports to the appropriate congressional committees that members of the TPPD who are named in the July 17, 2017, indictment by the Superior Court of the District of Columbia, and against whom there are pending charges, have returned to the United States to stand trial in connection with the offenses contained in such indictment or have otherwise been brought to justice: Provided, That the limitation in this paragraph shall not apply to the use of fund made available by this Act for border security purposes, for North Atlantic Treaty Organization or coalition operations, or to enhance the protection of United States officials and facilities in Turkey.”

The Report accompanying the bill states: “The Committee calls on the Government of Turkey to immediately release the remaining LES and to dismiss the false charges against him and two other LES whose cases are on appeal. The Committee directs the Secretary of State to submit a report to the appropriate congressional committees on the status of their cases not later than 45 days after the date of enactment of the act and every 90 days thereafter until September 30, 2023. The Committee is also concerned with widespread arbitrary detention and abuse of the judicial process in Turkey, as well as reports of torture and other mistreatment of detainees.”

Section 7048: United Nations

This section includes perennial provisions targeting the United Nations, including:

No $$ for agencies headed by bad guys: Part (b)(1) of this section prohibits funding expenses for expenses for any US delegation to anything having to do with, or contributions to any agency, body, or commission associated with the UN that is chaired or presided over by a country, the government of which the Secretary of State has determined, according to U.S. law, “supports international terrorism.” Part (b)(2) bars US contributions to any organization, agency, commission, or program within the United Nations system if such organization, agency, commission, or program is chaired or presided over by a country the government of which the Secretary of State has determined “has repeatedly provided support for acts of international terrorism.” Part (b)(3) gives authority for the Secretary of State to waive these prohibitions if he/she determines and reports to Congress that doing so is important for the national interest of the United States.
Pressure on UN Human Rights Council (over Israel): This (c) of this section provides that funding shall be made available for the UNHRC “unless the Secretary of State determines and reports to the Committees on Appropriations that participation in the Council does not serve the national interest of the United States and that the Council is not taking significant steps to remove Israel as a permanent agenda item and ensure integrity in the election of members to such Council.” The section goes on to stipulate that such report opposing funding for the UNHRC, shall “a justification for such determination” In addition, this section requires the Secretary to report to Congress by September 30, 2023, “on the resolutions considered in the United Nations Human Rights Council during the previous 12 months, and on steps taken to remove Israel as a permanent agenda item and ensure integrity in the election of members to such council.”
UNRWA: Part (d) of this section of the bill stipulates that funds appropriated by this Act under title III “should” be made available to UNRWA unless the Secretary of State determines and reports to the Committees on Appropriations that UNRWA is not meeting a long list of benchmarks (benchmarks that have been basically consistent for a number of years and that UNRWA has satisfied).
Pressure on UNESCO & Other UN Agencies (over Israel): Part (f) requires reporting to Congress on any U.S. contributions to international organizations that are withheld due to any provision of law [for example, U.S. funding to UNESCO, barred because UNESCO admitted the Palestinians as full members].

Report language related to the UN/Middle East:

United Nations Human Rights Council.—The Committee directs the Secretary of State to report to the Committees on Appropriations not later than September 30, 2023, on the resolutions considered in the UN Human Rights Council during the previous 12 months, and on steps taken to remove Israel as a permanent agenda item and to ensure integrity in the election of members to such Council.
The Committee remains concerned with the establishment in May 2021 of a permanent commission of inquiry to investigate Israel. While the Committee recognizes that no country is immune from legitimate criticism, it deplores the anti-Israel bias and waste of resources evidenced by maintaining Israel, and no other country, as a permanent item on the UN Human Rights Council’s agenda. The Committee notes that the best way for the United States to counter such bias is to be a member of the Council, and to advocate for removing Israel as a permanent agenda item and for using the Council’s limited budget to the greatest effect in protecting human rights globally.
United Nations Relief and Works Agency.—Not later than 90 days after the date of enactment of the act, the Secretary of State shall submit a report to the Committees on Appropriations on reforms implemented by the UN Relief and Works Agency [UNRWA] during the preceding calendar year. Such report shall include a detailed description of any plans to leverage future U.S. contributions to make progress on implementing additional reforms, as appropriate. Such report shall also include information on the degree to which UNRWA is complying with the policies and procedures described in subsection (d) and the areas in which the Department is partnering with the Agency on new guidelines or reform efforts. Such report shall include an updated description of the mechanisms UNRWA has in place to identify incitement and other unacceptable subject matters, including anti-Semitic content, in locally-produced textbooks, the procedures in place to substitute such material with curricula that emphasizes the importance of human rights, tolerance, and non-discrimination, and a description of steps taken to determine the credibility of the source of, and verify, claims, when made, that UNRWA is not complying with such policies and procedures, as well as any steps taken to respond to claims that are determined to not be credible.”

Section 7050: Global Internet Freedom

The Report accompanying the bill includes a funding table for Global Internet Freedom, including $16,750 million in ESF for Near East Regional Democracy, of which $5 million is earmarked for Multilateral Surge and Sustain Fund for Anti-Censorship Technology.

Section 7060: Sector Allocations

Part (1)(a)(A) states: “Of the funds appropriated under title III of this Act, not less than $693,448,000 shall be made available for the Nita M. Lowey Basic Education Fund, and such funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries: Provided, That such funds shall also be used for secondary education activities: Provided further, That section 7(a) of Public Law 115–56 shall be implemented by substituting ‘the thirtieth day of June following’ for ‘180 days after’.”

Part (3) stipulates that not less than $35 million in ESF “shall be made available, notwithstanding any other provision of law that restricts assistance to foreign countries, and following consultation with the Committees on Appropriations, for the following institutions that are recipients of United States assistance and located in countries impacted by economic crises—(A) United States-accredited institutions of higher education in the Middle East; and (B) not-for-profit, coeducational American institutions of higher education in the Middle East and Asia.”

Part (4) provides $7 million for “scholar rescue programs” (list of eligible countries includes Yemen).

The Report accompanying the bill notes under this heading: “Reconciliation Programs.—The Committee recommends $25,000,000 under the DA heading for reconciliation programs and activities that bring together and facilitate direct communication between individuals of different ethnic, racial, religious, and political backgrounds from areas affected by civil strife and war. Funds should be leveraged, to the maximum extent practicable, to obtain contributions from other donors and governments. Reconciliation programs between Israelis and Palestinians living in the West Bank and Gaza are supported with funds made available to implement the Nita M. Lowey Middle East Partnership for Peace Act.”

**NEW** Section 7071: WAIVER AUTHORITY [UNESCO]

This new SFOPS section (which mirrors new language in the House version of this year’s SFOPS) gives the president conditional (as in, he must certify that specific conditions have been met), temporary (as in, the provision automatically sunsets in 2025) waiver to enable the US to restore relations with UNESCO, after the Palestinians’ admission to the agency forced the US to, in effect, quit (based on 2 US laws designed to blackmail UN agencies to NOT admit the Palestinians). Specifically, the bill states:

“The President may waive section 414 of Public Law 101–246 and section 410 of Public Law 103–236 with respect to the United Nations Educational, Scientific and Cultural Organization if the President determines and reports in writing to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the appropriate congressional committees that to do so would enable the United States to counter Chinese influence or to promote other national interests of the United States: Provided, That the authority of this section shall cease to have effect if, after 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: Provided further, That the authority of this section shall sunset on September 30, 2025, unless extended in a subsequent Act of Congress”

The Report accompanying the bill notes: “The Committee provides waiver authority to enable the United States to rejoin the UN Educational, Scientific, and Cultural Organization [UNESCO] in order to counter the increasing influence of the PRC, which during the multi-year absence of the United States has become UNESCO’s largest donor, and to promote other U.S. national interests.”