FY24 DOD Approps & SFOPS & UNRWA (in minibus) – Middle East-Related Provisions

Resource

March 29, 2024

On 3/23/24, President Biden signed into law HR 2882, the “Further Consolidated Appropriations Act, 2024,” following passage in the House (vote) and Senate (vote). HR 2882 (widely referred to as a “minibus” since other appropriations bills were already passed in a separate consolidated appropriations act) includes both the FY24 Defense Appropriations Act (Division A) and the FY24 State and Foreign Operations Appropriations Act, aka SFOPS (Division F). In addition, a totally separate section of the bill, Division G, entitled “Other Matters,” includes new language barring US funding to UNRWA for the next year. Middle East provisions from both are laid out below, along with Middle East provisions in the accompanying explanatory statements (DOD Approps, SFOPS; there is no explanatory statement for Division G).

DIVISION A—Department of Defense Appropriations Act, 2024

Counter-isis Train And Equip Fund: This section earmarks $397,950,000 for the “Counter-Islamic State of Iraq and Syria Train and Equip Fund” to provide “assistance, including training; equipment; logistics support, supplies, and services; stipends; infrastructure repair and renovation; construction for facility fortification and humane treatment; and sustainment, to foreign security forces, irregular forces, groups, or individuals participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria, and their affiliated or associated groups“, subject to a whole list of additional provisos.

Israeli Cooperative Programs – Section 8072: This section earmarks $500 million for “Israeli Cooperative Programs“, sub-earmarked as follows:

$80 million for procurement of the Iron Dome defense system
$127 million for the Short Range Ballistic Missile Defense (SRBMD) program, including cruise missile defense research and development under the SRBMD program
$40 million for co-production activities of SRBMD systems in the United States and in Israel
$80 million for co-production activities of Arrow 3 Upper Tier systems in the United States and in Israel
$173 million for the Arrow System Improvement Program including development of a long range, ground and airborne, detection suite

Middle East Partner Reimbursements – Section 8110: This section earmarks $380 million “to reimburse Jordan, Lebanon, Egypt, Tunisia, and Oman under section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note), for enhanced border security, of which not less than $150,000,000 shall be for Jordan.”

Rosoboronexport – Section 8115: This section bans any contracts or agreements with Rosoboronexport, but allows that ban to be waived if there is a certification to Congress that (among other things) “Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic.”

Middle East Reimbursements – Section 8117: This section earmarks $15 million “for payments to reimburse key cooperating nations for logistical, military, and other support, including access, provided to United States military and stability operations to counter the Islamic State of Iraq and Syria”, subject to various provisos.

Iraq/War Powers Act – Section 8122: This section states that “None of the funds made available by this Act may be used with respect to Iraq in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.), including for the introduction of United States Armed Forces into hostilities in Iraq, into situations in Iraq where imminent involvement in hostilities is clearly indicated by the circumstances, or into Iraqi territory, airspace, or waters while equipped for combat, in contravention of the congressional consultation and reporting requirements of sections 3 and 4 of such Resolution (50 U.S.C. 1542 and 1543)“.

Syria/War Powers Act – Section 8123: This section states that “None of the funds made available by this Act may be used with respect to Syria in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.), including for the introduction of United States armed or military forces into hostilities in Syria, into situations in Syria where imminent involvement in hostilities is clearly indicated by the circumstances, or into Syrian territory, airspace, or waters while equipped for combat, in contravention of the congressional consultation and reporting requirements of sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).”

Syria/Iraq – Section 8124: This section bars any funds from this Act from being used either to “establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq” or “exercise United States control over any oil resource of Iraq or Syria.”

Manpads – Section 8125: This section bars any funds from this Act under the heading “Counter-ISIS Train and Equip Fund” from being used to procure or transfer man-portable air defense systems.

Jordan – Section 8126: This section earmarks “up to” $500 million “to provide assistance to the Government of Jordan to support the armed forces of Jordan and to enhance security along its borders.”

DIVISION F—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2024

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 $857,214,000, “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 explanatory statement earmarks $100,000,000 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, 2024, 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, 2024, to remain available until expended.”

TITLE III — BILATERAL ECONOMIC ASSISTANCE

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

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:

West Bank/Gaza [listed as “Assistance subject to section 7041 (k)(1) – in what looks like an effort to avoid people noticing the funding]: $175 million [NOTE: in 2023, the report earmarked $225 million for the West Bank and Gaza. Yes, you read that right. With the West Bank economy collapsing, settler/IDF violence surging, entire West Bank communities being displaced, and a literal humanitarian CATASTROPHE in Gaza, Congress CUT its already meager funding for the West Bank and Gaza by 22%.]
Iraq: $150 million, of which, $12 million is for scholarships, $25 million is for democracy, and $2.5 million is for justice sector assistance
Lebanon: $112.5 million, of which $14 million is for scholarships
Middle East Partnership Initiative (MEPI): $27.2 million, of which $20 million is for “scholarship program”
Middle East Regional Cooperation (MERC): $8.5 million
Near East Regional Democracy [NERD?]: $55 million
Nita M. Lowey Middle East Partnership for Peace Act: $50 million

The explanatory statement further notes:

“The agreement includes funds appropriated under title III of the Act, which shall be made available
for assistance for the Western Sahara. Not later than 90 days after the date of enactment of the Act and prior to the obligation of such funds, the Secretary of State, in consultation with the
USAID Administrator, shall consult with the Committees on Appropriations on the proposed
uses of such funds.”
USAID-Israel Development Cooperation.-The agreement includes $3,000,000 under this heading for USAID-Israel Development Cooperation.” [Yes, that’s another $3 million for Israel]

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].

TITLE IV – INTERNATIONAL SECURITY ASSISTANCE

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 earmarks not less than $35 million “…for a United States contribution to the Multinational Force and Observers mission in the Sinai.”

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 explanatory statement accompanying the bill includes $175 million for Iraq.

TITLE VII – GENERAL PROVISIONS

Section 7004: Diplomatic Facilities

Part (f) of this section stipulates that, “None of the funds made available by this Act may be used to move the United States embassy in Israel to a location other than Jerusalem.”

Section 7007: Prohibition against direct funding for certain countries (unchanged from prior year)

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 (unchanged from prior year)

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 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 support a democratic transition.” It also includes a waiver. Reminder: this is the provision that caused problems for the Obama Administration in the context of Egypt.

Section 7013: Prohibition on taxation of assistance (unchanged from prior year)

This is a perennial bill provision barring taxation of U.S. assistance and imposing huge financial penalties on governments that do so. 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-ago 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. [Note: this is the section that was raised as a problem when Israel was considering imposing massive taxes on foreign government donations to civil society organizations].

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, Yemen.

Section 7021: Prohibition on assistance to governments supporting international terrorism (unchanged from prior year)

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 7030: Economic Resilience Initiative (NEW)

Part (b) of this section states that funding in the Act and prior SFOPS Acts “may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees” for various countries, including Egypt and Jordan.

Section 7032: Democracy Programs

Part (a) of this section of the bill earmarks not less than $2,9 billion 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” [reflecting in part the experiences in Egypt in the past]. 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: Near Eastern Regional Democracy – $25 million; Syria – $11 million; Yemen – $2 million

Section 7033: International Religious Freedom (unchanged from prior year)

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) of this section extends existing U.S. loan guarantees for Israel (provided under Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 576) until September 30, 2029 [This is the emergency $9 billion that was provided for Israel in 2003, quietly extended over and over by Congress for going on 20 years. As noted in a recent CRS report on US aid to Israel, “Israeli officials may believe that although they have not used the loan guarantees in the last 18 years, maintaining the program boosts the country’s fiscal standing among international creditors in capital markets.“]

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) – “Crowd Control” – 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 Secretary of State determines that the foreign government is taking effective measures to bring the responsible members of such unit to justice.”

Part (d) – Leahy Law – states: “LEAHY LAW.—For purposes of implementing section 620M of the Foreign Assistance Act of 1961 [aka, 22 U.S. Code § 2378d – Limitation on assistance to security forces], the term ‘credible information’ means information that, considering the source of such information and the surrounding circumstances, supports a reasonable belief that a violation has occurred, and shall not be determined solely on the basis of the number of sources; whether the source has been critical of a policy of the United States Government or its security partners; whether the source has a personal connection to the information being reported; or whether the United States Government is able to independently verify the information.”

Section 7037: Palestinian statehood (unchanged from prior year)

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). It also includes: “The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of this Act (“Limitation on Assistance for the Palestinian Authority”)”

Section 7038: Prohibition on Assistance to the Palestinian Broadcasting Corp (unchanged from prior year)

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

Part (a) – OVERSIGHT – stipulates that “For fiscal year 2024, 30 days prior to the initial obligation of funds for the bilateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading ‘Economic Support Fund’ for the West Bank and Gaza.”

Part (b) – VETTING – stipulates that “Prior to the obligation of funds appropriated by this Act under the heading “Economic Support Fund” for assistance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the entity’s governing board or governing board of trustees any individual that has been determined to be involved in, or advocating terrorist activity or determined to be a member of a designated foreign terrorist organization: Provided, That the Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which the Secretary has determined to be involved in or advocating terrorist activity.”

Part (c) – PROHIBITION – bars use of funds for the West Bank and Gaza being used for: “Recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism” or for “any educational institution located in the West Bank or Gaza that is named after an individual who the Secretary of State determines has committed an act of terrorism.” It also bars funding for security assistance for the West Bank and Gaza under the the Secretary of State report to Congress on “the benchmarks that have been established for security assistance for the West Bank and Gaza and on the extent of Palestinian compliance with such benchmarks” and “the steps being taken by the Palestinian Authority to end torture and other cruel, inhuman, and degrading treatment of detainees, including by bringing to justice members of Palestinian security forces who commit such crimes.”

Part (d) lays out required oversight by USAID, including annual (at least) audits of “all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program“, and allocating up to $1.4 million to USAID for “audits, investigations, and other activities in furtherance of the requirements of this subsection.” [increased from $1.3 million prior year]

Part (e) requires the Comptroller General of the United States to audit and investigate “the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 2024 under the heading ‘Economic Support Fund'”

Part (f) states that “Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations.”

Section 7040: Limitation on Assistance to the Palestinian Authority (unchanged from prior year)

Part (a) bars any funds from this act being used to provide funding to the Palestinian Authority. Part (b) enables the President to waive the ban in (a) if he certifies to Congress that doing so “is important to the national security interest of the United States.” Part (c) stipulates that any waiver under (b) “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.” Part (d) requires a report to Congress from the President in conjuction with any use of the waiver in part (b), detailing “the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed” and also detailing “the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure.” And Part (e) requires that in conjuction with any use of the waiver in part (b), the Secretary of State “must certify and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll, and the Palestinian Authority is acting to counter incitement of violence against Israelis and is supporting activities aimed at promoting peace, coexistence, and security cooperation with Israel.” [Note: part (e) in effect turns what looks like a national security waiver into a waiver under which acting to support/defend/promote US national security is made conditional on factors that are outside US control, such that if the Secretary of State could NOT make the certification required under (e), the president could not exercise the waiver, US national security be damned).

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 bars funding for salaries of PA personnel in Gaza or for Hamas or any entity “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 some future 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.”

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.

Section 7041: Middle East and North Africa

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.”

________________________

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.”

________________________

The bill earmarks “not less than $1,425,000,000 should be made available for assistance for Egypt.” It sub-earmarks that funding as follows:

ESF: Not less than $125 million is for ESF, of which $40 million “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.” The section further stipulates that these funds “shall be made available for democracy programs, and for development programs in the Sinai”

FMF: Not less than $1.3 billion “should be made available” in FMF for Egypt, and may (per usual) 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.”

WITHHOLDING: The bill stipulates that $320 million in FMF for Egypt “shall be withheld from obligation until the Secretary certifies and reports to the Committees on Appropriations that the Government of Egypt is meeting the requirements under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act)” The bill allows the Secretary of State to waive this withholding requirement if he “determines and reports to the Committees on Appropriations that such funds are necessary for counterterrorism, border security, or nonproliferation programs or that it is otherwise important to the national security interest of the United States to do so, including a detailed justification for the use of such waiver and the reasons why any of the requirements cannot be met“.

The explanatory statement accompanying the bill notes with respect to Egypt:

“In addition to amounts made available pursuant to subsection (a) for assistance for Egypt, the agreement includes not less than $3,500,000 under Nonproliferation, Anti-terrorism, Demining and Related Programs and not less than $1,800,000 under International Military Education and Training for such assistance.”
“Pursuant to subsection (a)(3), the Secretary of State shall certify and report on whether the Government of Egypt is taking sustained and effective steps to: (1) 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; (2) 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; (3) hold Egyptian security forces accountable, including officers credibly alleged to have violated human rights; (4) investigate and prosecute cases of extrajudicial killings and forced disappearances; (5) provide American citizens with fair and commensurate compensation for injuries and losses caused by the Egyptian military; and (6) reduce the number of political prisoners, provide detainees with due process of law, and prevent
the intimidation or harassment of American citizens”

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 (A) to support the United States policy to prevent Iran from achieving the capability to produce or otherwise obtain a nuclear weapon; (B) to support an expeditious response to any violation of United Nations Security Council Resolutions or to efforts that advance Iran’s nuclear program; (C) 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 (D) for democracy programs in support of the aspirations of the Iranian people.”

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.”

This section also includes (new) language stating: “None of the funds appropriated by this Act may be used to— (A) implement an 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, in contravention of the Iran Nuclear Agreement Review Act of 2015 (42 U.S.C. 2160e); or (B) 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).”

Section 7041(c): Iraq

The bill states that 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, support judicial independence, protect the right of due process, end the use of torture, and combat corruption; (D) humanitarian assistance, including in the Kurdistan Region of Iraq; (E) programs to protect and assist religious and ethnic minority populations; and (F) programs to increase United States private sector investment.”

It also states that ESF funding for Iraq ” may not be made available to an organization or entity for which the Secretary of State has credible information is controlled by the Badr Organization.”

The explanatory statement accompanying the bill states:

“Of the funds made available for democracy programs for Iraq under Economic Support Fund, not less than $1,500,000 shall be made available for new programs that strengthen elections processes and democratic political parties.”
“The agreement includes funds to support American-style higher education student scholarships and institutions in Iraq, including in the Kurdistan Region of Iraq (KRI), on an open and competitive basis, following consultation with the Committees on Appropriations. Such funds should include support for programs that equip diverse Iraqi university and institute graduates with the knowledge and skills required to obtain gainful employment in the private sector and seek to build long-term capacity and sustainability of current and prior-year grantees. Not later than 90 days after the date of enactment of the Act, the Secretary of State shall brief the Committees on Appropriations on the plan of action concerning options for enhancing air defense capabilities in the KRI against missile and drone attacks from Iran, as required by section 1266 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-
31 ), and specific efforts the Department of State will undertake to encourage the Government of Iraq to meet its KRI budget obligations for 2024.”

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 $725,300,000 for procurement in Israel.

Reminder: As highlighted previously in the Round-Up, these little-remarked stipulations – early disbursal and permission for more than $700 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).

Section 7041(e): Jordan

The bill states that not less than $1,650,000,000 of the funds appropriated by this Act under titles III and IV “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’.”

The accompanying explanatory statement notes:

“Within the total amounts designated in the Act for assistance for Jordan, the agreement includes not less than $10,400,000 under Nonproliferation, Anti-terrorism, Demining and Related Programs and $3,800,000 under International Military Education and Training. Not later than 30 days after the date of enactment of the Act, the Secretary of State shall consult with the appropriate congressional committees on humanitarian assistance for Jordan.”

Section 7041(f): Lebanon

The bill includes an overarching limitation, stating that 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...”

SECURITY ASSISTANCE — the bill states that INCLE and FMF funds in this bill 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.” It further states that FMF funds for Lebanon may ONLY be used for programs to”(i) professionalize the LAF to mitigate internal and external threats from non-state actors, including Hizballah; (ii) 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 (iii) implement United Nations Security Council Resolution 1701“.

FMF Spend plan: It further stipulates 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.”

ESF: This section stipulates that ESF for Lebanon “may be made available notwithstanding section 1224 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 2346 note).” As a reminder, that section of law states: “Notwithstanding any other provision of law, $10,000,000 of the amounts made available for fiscal year 2003 or any subsequent fiscal year that are allocated for assistance to Lebanon under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund) may not be obligated unless and until the President certifies to the appropriate congressional committees that- “(1) the armed forces of Lebanon have been deployed to the internationally recognized border between Lebanon and Israel; and “(2) the Government of Lebanon is effectively asserting its authority in the area in which such armed forces have been deployed.”

The accompanying explanatory language notes:

“The agreement endorses Senate report language under the heading Energy Independence for American Hospitals in Lebanon“. That language reads: “Given the economic difficulties facing Lebanon and the lack of municipal-provided electricity, the Committee recommends $5,000,000 under the ESF heading for the purchase of American-made solar panels for teaching hospitals in Lebanon, following consultation with the Committees on Appropriations.“

Libya

The bill text does not mention Libya, but the accompanying explanatory statement notes: “The agreement includes not less than $32,000,000 under titles III and IV of the Act for stabilization assistance for Libya, including support for a UN-facilitated political process and border security.”

Section 7041 (g): Morocco

This section stipulates that “Funds appropriated under titles III and IV of this Act shall be made available for assistance for Morocco.” The accompanying explanatory statement notes: “The agreement includes not less than $10,000,000 under Economic Support Fund, not less than $10,000,000 under Development Assistance, and not less than $10,000,000 under Foreign Military Financing Program for assistance for Morocco. The agreement endorses the directive under this heading in the Senate report.”

Western Sahara

There bill text doesn’t mention Western Sahara, but the explanatory statement accompanying the bill notes: “The Secretary of State shall continue to support a UN-led political process that achieves a just, lasting, and mutually acceptable political solution in accordance with relevant UN Security Council resolutions.”

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’ should be made available for assistance for the Government of Saudi Arabia,” and “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.”

Section 7041(i): Syria

Non-lethal military assistance: 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 investigations.”

Limitations: It then lays out limitations on such aid, stipulating that funds for Syria, “(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 or made available to an organization or entity effectively controlled by an official or immediate family member of an official of such government.” [note “should not” rather than “may not” in limitation (C)].

Al-Hol Action Plan: This section states that “Of the funds appropriated under title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, not less than $25,000,000 shall be made available to implement the ‘U.S. Government Al-Hol Action Plan’.”

Monitoring/oversight/consultation/notification: The bill stipulates that prior to obligating any funds 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.” It also states that “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: Provided, That such consultation shall include the steps taken to comply with subparagraph (A) and steps intended to be taken to comply with section 7015(j) of this Act.” [Yes, these are ALL the monitoring/oversight/consultation/notification requirements vis-a-vis aid in this bill for Syria. Take a moment, just for fun, and compare that to the layers and layers of monitoring/oversight/consultation/notification requirements placed on any penny for the West Bank and Gaza Strip. Seriously – I’ll wait…(it will take a while ).]

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 support democratic governance and civil society, protect due process of law, and maintain regional stability and security, following consultation with the Committees on Appropriations.”

The explanatory statement accompanying the bill notes:

“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 the extent to which: (1) 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; (2) the Government of Tunisia is maintaining the independence of the judiciary, not inappropriately utilizing military courts, and holding security forces who commit human rights abuses accountable; and (3) the Tunisian military has remained an apolitical and professional institution”

Section 7041(k): West Bank and Gaza

Assistance: The bill includes no hard earmark for aid to the West Bank and Gaza Strip.

Report on Assistance: This is a perennial requirement in the bill text, according to which: 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: This is perennial language laying out further limitations on U.S. funding for the Palestinian Authority, linked to the UN and the ICC.

Barring Aid to the PA: Part 2(A) is perennial language (dating back to the Obama era) barring 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.” As in previous years, 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, or the U.S. really really wants to support/strengthen the PA as an alternative power in the Gaza Strip, or anything else).
Preventing the PLO Office from Re-Opening in the U.S.: Part 2(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”. [as in, if it merely US national security interests that are at stake, NO WAIVER is allowed].

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 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 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 accompanying explanatory statement notes, with respect to aid for the West Bank and Gaza:

“Not later than 90 days after the date of enactment of the Act and every 90 days thereafter until funds have been expended, the Secretary of State shall submit a report to the Committees on Appropriations on funds administered by the Office of Palestinian Affairs and made available for public diplomacy programs. The report shall detail uses of funds, including a description of activities and implementing partners.”

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Section 7046: Europe and Eurasia

Part (c) 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 funds 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.”

Section 7048: United Nations

Part (a) of this section requires the Secretary of State to report to Congress on “whether each organization, department, or agency receiving a contribution from funds appropriated by this Act under the headings ‘Contributions to International Organizations’ and ‘International Organizations and Programs‘” has, among other things, submitted a report to the Department of State (to be posted on the Department’s website) “demonstrating that such organization is effectively implementing and enforcing policies and procedures which meet or exceed best practices in the United States for the protection of whistleblowers from retaliation, including—…(4) is taking credible steps to combat anti-Israel bias…(6) is implementing policies and procedures to effectively vet staff for any affiliation with a terrorist organization.”

Part (b) lays out perennial provisions restricting US funding to the UN. Part (b)(1) 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.

Part (c) lays out provisions targeting the UN Human Rights Council (UNHRC).

Part (c)(1) bars funding the UNHRC “unless the Secretary of State determines and reports to the appropriate congressional committees that participation in the Council is important to the national interest of the United States and that such Council is taking significant steps to remove Israel as a permanent agenda item and ensure integrity in the election of members to such Council” [so once again, ensuring US national interest is made conditional on an Israel-related requirement]. The provision adds that any such report “shall include a description of the national interest served and provide a detailed reform agenda, including a timeline to remove Israel as a permanent agenda item and ensure integrity in the election of members to such Council.” It goes on to state that unless/until such a determination has been made and the resulting report made to Congress, the US must withhold from its annual (required) contribution to the UN’s regular budget the United States’ proportionate share of the total annual funding for the UNHRC. Moreover, the Secretary of State is required to report to Congress (by 9/30/24) “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 to improve the quality of membership through competitive elections.”

Part (c)(2) states that “None of the funds appropriated by this Act may be made available for the United Nations International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel. ”

****NEW**** Section 7073: Gaza Oversight ****NEW***

No joke: In the context of the ongoing Israel-made humanitarian catastrophe in the Gaza Strip, and the urgent need for assistance to Gaza, Congress decided that rather than (a) earmarking signficant funding for Gaza in this bill, (b) including a clear directive for the State Department to provide funding for Gaza; or (c) including language demanding that Israel comply with US law, according to which US funding is contingent Israel NOT blocking the flow of US humanitarian aid (which it manifestly is doing – hence the insane US plan to build a temporary port), it would instead pile a new set of oversight requirements specific to Gaza, to be layer on top of the long, long list of conditions, restrictions, limitations, oversight, vetting, reporting, etc required in various provisions already imposed on the West Bank and Gaza (in the various sections discussed above). Specifically:

Part (a) requires the Secretary of State to certify and report to Congress (within 15 days of this Act becoming law) that: “(1) oversight policies, processes, and procedures have been established by the Department of State and the United States Agency for International Development, as appropriate, and are in use to prevent the diversion to Hamas and other terrorist and extremist entities in Gaza and the misuse or destruction by such entities of assistance, including through international organizations; and (2) such policies, processes, and procedures have been developed in coordination with other bilateral and multilateral donors and the Government of Israel, as appropriate.”

Part (b) requires the Secretary of State and the USAID Administrator to submit to Congress (at the same time as the report required above) “a written description of the oversight policies, processes, and procedures for funds appropriated by this Act that are made available for assistance for Gaza, including specific actions to be taken should such assistance be diverted, misused, or destroyed, and the role of the Government of Israel in the oversight of such assistance.”

Part (c) requires the Secretary of State and the USAID Administrator to “promptly inform the appropriate congressional committees of each instance in which funds appropriated by this Act that are made available for assistance for Gaza have been diverted, misused, or destroyed, to include the type of assistance, a description of the incident and parties involved, and an explanation of the response of the Department of State or USAID, as appropriate.”

Part (d) requires that funding in the Act “be made available for third party monitoring of assistance for Gaza, including end use monitoring, following consultation with the appropriate congressional committees.”

Part (e) requires that, after the initial obligation of funds for Gaza, the Secretary of State and the USAID Administrator to report to Congress every 90 days “detailing the amount and purpose of such assistance provided during each respective quarter, including a description of the specific entity implementing such assistance.”

Part (f) requires the Secretary of State, in consultation with the Director of National Intelligence and other heads of elements of the intelligence community, to submit to Congress a report (every 90 days) “assessing whether funds appropriated by this Act and made available for assistance for the West Bank and Gaza have been diverted to or destroyed by Hamas or other terrorist and extremist entities in the West Bank and Gaza“.

Part (g) requires that nt later than 30 days after this Act become slaw, but prior to the initial obligation of funds for Gaza, “the Secretary of State and USAID Administrator, as appropriate, shall consult with the Committees on Appropriations on the amount and anticipated uses of such funds.”

DIVISION G—OTHER MATTERS

TITLE III—Funding Limitation for United Nations Relief and Works Agency

SEC. 301. Funding limitation.

Notwithstanding any other provision of any other division of this Act, funds appropriated or otherwise made available by this Act or other Acts making appropriations for the Department of State, foreign operations, and related programs, including provisions of Acts providing supplemental appropriations for the Department of State, foreign operations, and related programs, may not be used for a contribution, grant, or other payment to the United Nations Relief and Works Agency, notwithstanding any other provision of law—

(1) for any amounts provided in prior fiscal years or in fiscal year 2024; or

(2) for amounts provided in fiscal year 2025, until March 25, 2025.

As noted in last week’s Round-Up regarding this new section of law:

(1) Palestinians are facing FAMINE in Gaza, and UNRWA remains the ONLY organization with the capacity to manage/distribute aid effectively. For Congress to continue the cut-off of aid to UNRWA at this time (and for the next year), even as most other countries have re-started UNRWA funding, is a moral obscenity and will directly contribute to killing innocent people. Or as journalist Prem Thakker posted on X: “–0.04% of UNRWA staff accused of being involved in 10/7 attack –US stops funding. News reports reveal countries followed without seeing any evidence –Israel accused of torturing UNRWA staff to coerce false confessions of being involved in 10/7 –EU Chief: no evidence …And still“

(2) The language Congress has landed on in this bill is a “punt.” As in, apparently there was insufficient support/political will in Congress (and the Administration) either to re-start funding to UNRWA or to ban funding for UNRWA permanently (despite vocal views from members on both sides of that argument). So the issue has been punted to next year, after the 2024 elections — with the “compromise” being that Republicans succeeded in extending their authority with respect to UNRWA funding into 2025 (i.e., when they may not any longer control the House) and Democrats succeeded in preventing a permanent UNRWA funding ban being added to SFOPS (suggesting they are trying to save UNRWA).

(3) The impact of this “compromise” will, without question, be THE DEATHS OF MORE INNOCENT PALESTINIANS IN GAZA (and will serve the longtime Israeli goal of once-and-for-all eradicating UNRWA as an organization supporting Palestine refugees) In this context it is somewhat disconnected from reality to talk about “silver linings.” That said, a few things are worth noting:

(a) No demonizing/delegitimizing of UNRWA: Title III is bare-bones appropriations language. It does not include ANY of the gratuitous anti-UNRWA language found in other anti-UNRWA bills that have been introduced, nor does it include language that, as a matter of law, would connect UNRWA to Hamas or terrorism. The absence of such language is a big deal.

(b) Some funding to UNRWA maybe still possible (?): The ban on funding for UNRWA applies to funding in any “division of this Act, funds appropriated or otherwise made available by this Act or other Acts making appropriations for the Department of State, foreign operations, and related programs, including provisions of Acts providing supplemental appropriations for the Department of State, foreign operations, and related programs” until March 2025. So basically no funds from this bill, or funds in the pipeline from past SFOPS bills, or funds from any SFOPS supplemental, may be used for UNRWA. Which is a pretty broad ban. But if an Administration really wanted to fund UNRWA anyway, based on this bill text, I’m pretty sure it could still do so (without violating this ban) via emergency or supplemental funding to (for example) the Department of Defense…

(c) Not automatically part of future SFOPS: The UNRWA funding ban was included as its own title, as opposed to as part of SFOPS. This is important because once anti-Palestinian language is incorporated into SFOPS, there is no precedent for it ever being removed (as in, it becomes part of the base bill and no member of Congress ever wants to spend the political capital to challenge it). Since this UNRWA ban is a separate title, it will not automatically become part of next year’s SFOPS.

(d) If there’s a 2025 Continuing Resolution, the Ban on UNRWA Aid won’t apply (after March 2025): If after the end of the 2024 Fiscal Year Congress adopts a Continuing Resolution (something that in an election year is entirely possible), the UNRWA ban will no longer apply. This is because CRs provide budget authority to, in effect, extend current appropriations laws. Since the UNRWA funding ban is its own title III, and not part of a specific appropriations law, it would not be part of a CR.