FY25 SFOPS – House

(published June 14, 2024)

State-of-play: On 6/12/24, the House Appropriations Committee marked up and passed (by a vote of 31-26) the base text of the FY25 State and Foreign Operations Appropriations bill and its accompanying report. Also see: summary (Republicans); summary (Democrats); Fact Sheet (Democrats). That hearing (video here) featured – predictably – lots of grandstanding in support of Israel and point-scoring against Palestinians, including amendments reflecting both (for a summary of Democratic amendments rejected by Republicans, and Republican amendments adopted, see the Committee’s 6/12/24 press release, Committee Approves FY25 State, Foreign Operations, and Related Programs Appropriations Act. Next up: debate/amendments on the House floor (stay tuned).

Important Background/Context to Understand this bill: As was the case last year, it is clear that Republicans did not draft this bill with any expectation that it would attract bipartisan support in the House, or that Senate Democrats would permit it to pass into law in its current form.  Rather, this bill is about Republicans scoring populist, political points in the countdown to the November 2024 elections. That said, the fact that this won’t pass into law does not mean people should dismiss or ignore what it contains. Rather, this bill should be understood as a roadmap of what Republicans WILL pass into law if and when they have the power to do so.

The Middle East in the House FY25 SFOPS bill: Like the FY2024 bill, but even more so, the FY25 SFOPS bill in an expression of both unwavering, almost cult-like support for Israel and, relatedly, pathological antipathy toward any program, agency, body, government, funding, or office that Israel objects to or that in any way is viewed as critical of Israel or supportive of the Palestinians (and as noted vis-a-vis the FY24 bill, in adopting this approach, Republicans are standing on the shoulders of Democrats who have for years used this exact same framing in their own pro-Israel grandstanding). This approach, if it were to pass into law, would represent the most openly anti-Palestinian, anti-UN, anti-diplomacy, pro-Israeli impunity U.S. foreign policy in history. Full details are below.

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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 $798,196,000, “as authorized, to carry out international communication activities, and to make and supervise grants for radio, Internet, and television broadcasting to the Middle East”.

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, 2025, 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, 2025, to remain available until expended.” 

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 Morocco.

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

• Middle East Partnership Initiative (MEPI): $30 million
• Middle East Regional Cooperation (MERC): $10 million
• Morocco: $10 million
• Near East Regional Democracy: $58 million, of which $5 million is for NED
• Nita M. Lowey Middle East Partnership for Peace Act: $50 million
• USAID-Israel Development Cooperation: $4 million

The Report accompanying the bill adds:

• Middle East Regional Cooperation (MERC): ”The Committee directs $10,000,000 be made available for the MERC program to facilitate scientific research collaboration in the Middle East, including between Arabs and Israelis.”
• USAID-Israel international development cooperation: “The Committee directs $4,000,000 to support cooperative projects to address sustainability challenges relating to water resources, agriculture, and energy storage consistent with section 1278 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).”

Migration & Refugee Assistance (MRA): The bill stipulates that, “not less than $6,500,000 shall be made available for refugees resettling in Israel.” NOTE: The current earmark for MRA for Israel dates back to the 1990s and the influx of Jews to Israel from the former Soviet Union. As those refugee numbers decreased, the earmark has diminished, leveling off at $5 million a year since 2019 [which given the numbers of actual refugees Israel is absorbing these days is actually a huge amount per capita]. But with this bill, the House GOP has apparently decided to reverse that trend, increasing the earmark by (at least) a whopping 13% (under this provision $6.5 million would be the floor, not the ceiling, for funding available to Israel in the category). For more on the history of MRA for Israel, see this report from the Congressional Research Service. The report accompanying the bill states simply that “The Committee provides not less than $6,500,000 for refugees from the former Soviet Union, Eastern Europe, and other refugees resettling in Israel” – without explaining why the increase.

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 $30 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 report accompanying the bill lays out FMF for the Middle East as follows:

• Bahrain – $4 million
• Egypt – $1.375 billion
• Israel – $3.3 billion
• Jordan – $475 million
• Morocco – $10 milion

TITLE VII – GENERAL PROVISIONS

Section 7004: Diplomatic Facilities — Part (e) of this section stipulates that, “None of the funds appropriated or otherwise 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 — This is a perennial provision 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 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 — This is a perennial 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 back 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): Iran, Iraq, Lebanon, Libya, Syria, Tunisia, Yemen. 

Section 7021: Prohibition on assistance to governments supporting international terrorism — Perennial 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 terrorists, or is controlled by a terrorist organization. The section includes national security waivers for both restrictions. 

Section 7030: Economic Resilience Initiative — 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 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 (i)(5)  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, 2030 [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.
• NEW Part (b)(5) is entitled, “War Reserve Stockpile Authority.” It stipulates that “For fiscal year 2025, section 514(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)) shall not apply to defense articles to be set aside, earmarked, reserved, or intended for use as reserve stocks in stockpiles in the State of Israel.” What this means, in effect, is that for FY25, Israel can legally obtain unlimited amounts of defense articles from US war reserve stockpiles.
• Part (c)(2) lays out limitations related to landmines and cluster munitions.
• Part (c)(3) is entitled “Crowd Control.” This perennial provision 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.”
• NEW Part (c)(5) is entitled, “Delivery of Withheld Items.” It stipulates that, “Any defense article and defense service withheld from delivery to Israel by the Department of State as of the date of enactment of this Act, including those contracted through Direct Commercial Sales for the Ministry of Public Security, shall be delivered to Israel not later than 15 days after the date of the enactment of this Act: Provided, That 50 percent of the funds appropriated or otherwise made available by this Act under the heading ‘Diplomatic Programs’ and made available for the Office of the Secretary shall be withheld from obligation until the Secretary of State certifies and reports to the Committees on Appropriations that the defense articles and services described in this paragraph have been delivered to Israel.” What this means, in effect, is that House Republicans are seeking to condition key funding for the Department of State/US national security on delivery of military assistance to Israel, irrespective of any US legal requirements that might impede that delivery (in what backers of this provision no doubt see as an awesome example of owning “anti-Israeli libs” who have been calling for conditions on US aid to Israel As in, “you wanted conditions, we’ll give you conditions!”
  
• NEW Part (c)(6) is entitled, “Obligation Requirement.” It stipulates that, “The Secretary of State shall obligate any remaining unobligated balances of funds appropriated or otherwise made available before the date of enactment of this Act for assistance for Israel not later than 30 days after the date of enactment of this Act.” What this means, in effect, is that House Republicans are seeking to compel the Executive to drop even the pretense that aid to Israel is subject to any of  requirements that exist under law and are supposed to apply to all aid recipients.
• CONSPICUOUSLY MISSING: Not included in this section is a provision in current law, Part (d), entitled “Leahy Law,” which states: “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 — Perennial 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 — Perennial provision (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 – this sub-section 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 – this sub-section 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 – This subsection 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): AUDIT – this sub-section 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.”
• Part (e): AUDIT – this subsection 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 2025 under the heading ‘Economic Support Fund’”
• Part (f): NOTIFICATION – this subsection 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 

>Prohibiting aid to the PA: Part (a) bars any funds from this act being used to provide funding to the Palestinian Authority.

>Waiver of Prohibition on Aid to the PA (but not really): 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.” [Note: Don’t let Part (b) fool you. Part (e), below, turns what otherwise looks like a clean national security waiver into an exercise in which the Executive’s ability to support/defend/promote US national security is made conditional on factors that are outside US control; as in, if the Secretary of State cannot make the certification required under part (e) of this section, the president cannot exercise the “waiver” provided under part (b) of this section, US national security be damned].

>Limitations on that supposed waiver: 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 conjunction 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 conjunction 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.”

>Barring Aid to the PLO, Hamas, or any power-sharing govt: Part (f), is a long subsection 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 for  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.” NOTE: The formulation in this legislation, which dates back to the Obama era, was explicitly 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.

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Section 7041: Middle East and North Africa

>Normalization, the Abraham Accords, & Boycotts/BDS

From the report accompanying the bill:

• Abraham Accords: “The Committee notes the increased understanding, cooperation, and interfaith dialogue brought about by peace and normalization agreements between Israel and Arab states, including the Abraham Accords, and encourages continued progress to expand these agreements, the Negev Forum, and other multilateral efforts. The Committee further notes the need for dedicated resources to support these efforts to expand the foundation and build upon previous progress. The Committee directs the Secretary of State to ensure resources are available to leverage, strengthen, and expand existing peace and normalization agreements and establish new ones. The Secretary shall consult with the appropriate congressional committees on the availability of flexible resources and intended uses of such funds.”
• Arab League boycott of Israel: “It is the sense of the Committee that: (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, remain an impediment to trade and investment in the Middle East and should be terminated immediately, as should the Central Office for the Boycott of Israel; (2) several Arab states and Israel have made important progress toward peace through treaties, including the Abraham Accords, and normalization agreements, which open 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, and other normalization agreements, and report annually to the appropriate congressional committees on the United States strategy, including steps being taken by the United States to encourage additional Arab League and other Muslim-majority states to normalize relations with Israel, and the prospect of advancing peace between Israelis and Palestinians.”
• NEW & IMPORTANT Boycott, divestment, and sanctions (BDS) annual report: “The Committee remains concerned about international efforts to stigmatize and isolate Israel through the BDS movement. The Committee directs, as part of the report required in the previous paragraph, that the President add information about the BDS campaign, which shall cover companies, international organizations,countries, and other organizations, including state investment vehicles, that are involved in promoting the movement and specific steps the Department of State has taken or expects to take to discourage or end politically-motivated efforts to boycott, divest from or sanction Israel and Israeli entities. Such reporting requirement shall not be considered met by the requirements of section 909 of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–125).”
• *****NEW & EXTREMELY IMPORTANT**** BDS vetting: “The Secretary of State shall expand vetting policies and practices to ensure that United States assistance is not provided to or through any individual, private entity, government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, the BDS movement. The Committee directs the Secretary and Administrator of USAID to strengthen policies and procedures to ensure organizations supported through funding are not participants in the BDS movement.” NOTE: This is an effort by some in Congress (not for the first time) to compel USAID partners and grantees to agree, as a condition for working with or receiving funding from the US, they do not and will not boycott Israel or engage in any form of differentiation between Israel and settlements. And if past is precedent (the past being the experience of lawfare actors seeking to weaponize USAID contracts), the requirement will be read as broadly as possible, in effect making it impossible for the US to work with key international organizations and partners (including European governments and their agencies), most of which, consistent with international law, differentiate between Israel and settlements.

In a different part of the Report, the Committee also stipulates:

• *****NEW & EXTREMELY IMPORTANT**** BDS vetting: “Not later than 90 days after the date of enactment of this Act, the Secretary of State shall update the report required under this heading in House Report 118–146 on steps taken to expand vetting policies and procedures to ensure that organizations receiving United States assistance do not directly or indirectly participate in or promote the BDS movement.” NOTE: See comment above.
• Israel Normalization Act implementation: “The Committee directs the Secretary of State to provide annual updates to the appropriate congressional committees on work conducted under the purview of the Israel Relations Normalization Act and on the United States strategy to strengthen, expand, and promote normalization agreements with Israel, consistent with sections 105 and 106 of division Z of Public Law 117–103. The Committee further directs the Secretary to submit an update to the report required under this heading in House Report 118–146, not later than 90 days after the date of enactment of this Act, that evaluates efforts by countries to advance efforts to combat hate and promote tolerance, including to discourage violence and intolerance through educational materials.”

Hostages in Gaza — From the report accompanying the bill, “Efforts to release hostages.—The Committee is outraged by the lack of progress to free American, Israeli, and other nationals held captive in Gaza by Hamas since October 7, 2023. The Committee notes that the freedom of those held captive is a top United States national security objective and urges partners and allies in the region to prioritize meeting this objective and achieving the release of the hostages.”

>7041(a): Egypt

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

• ESF: Not less than $125 million is for ESF.  The section stipulates that these funds “shall include support for higher education programs 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, democracy programs, and for development programs in the Sinai.”
• FMF: Not less than $1.3 billion “shall 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.” The bill also provides not less than $75 million in additional FMF “for assistance to Egypt.”

The Report accompanying the bill notes with respect to Egypt:

• The Committee notes that the United States and Egypt share a mutual interest in Middle East peace and stability, economic opportunity, and regional security. Since the Camp David Accords, United States assistance to Egypt has played an important role in the country’s economic and military development. The Committee recognizes the enduring Egypt-Israel peace agreement as well as Egypt’s ongoing efforts to combat terrorism and counter Iran’s malign influence in the region. Supporting a stable, democratic, and prosperous Egypt continues to be a core objective of United States foreign policy.

• The Committee recommendation includes not less than $1,425,000,000 for assistance for Egypt. Pursuant to subsection (a)(2), an additional $75,000,000 under Foreign Military Financing Program is included to make up for the fiscal year 2021 Foreign Military Financing Program funds that expired before being made available for the intended purpose pursuant to section 7041(a) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116-260). In addition to amounts provided in subsection (a), the Committee directs that $2,000,000 be made available from Non-proliferation, Anti-terrorism, Demining and Related Programs and $2,000,000 be made available from International Military Education and Training, which is the same as the request.

• Pursuant to subsection (a)(3), the Committee directs that $40,000,000 of the funds appropriated under Economic Support Fund and made available for assistance for Egypt be allocated for higher education programs in Egypt, including $17,500,000 for scholarships. Not later than 90 days after the date of enactment of this Act, the Administrator of USAID shall brief the Committees on Appropriations on implementation of funds made available for scholarships in Egypt.

In a separate section, the Report also notes:

• Religious freedom: “Not later than 90 days after the date of enactment of this Act, the Secretary of State shall update the report required under this heading in House Report 117–84 concerning the treatment of Christian communities in Egypt.”

>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:

• the semi-annual report required by section 135(d)(4) of the Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the Iran Nuclear Agreement Review Act of 2015 (Public Law 114–17).
• Not later than 180 days after the 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 states: “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); (B) made available to any foreign entity or person that is subject to United Nations or United States bilateral sanctions with respect to the Government of Iran; or (C) 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).” [NOTE: (B) in the above requirement is new this year]

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

• “The Committee continues to support the Iranian people’s desire for democracy and fundamental freedoms, including the right to elect the country’s leadership through free and fair elections. The proven ability of Iranian women to bravely lead the demands for rights and change is recognized and commended by this Committee and met with a commitment to continue support from the American people.”

• “The Committee recognizes the Government of Albania’s role in upholding the fundamental rights of Ashraf–3 residents, including the right to life, liberty, security, protection of property, and freedom of expression and assembly.”

Elsewhere in the Report, the Committee stipulates:

• Iranian Revolutionary Guard Corps: “The Committee notes that while the United States has sanctioned the Iranian Revolutionary Guard Corps (IRGC) as a foreign terrorist organization, many treaty allies in Europe and Asia have not done so. Not later than 90 days after the date of enactment of this Act, the Secretary of State, in conjunction with the Secretary of the Treasury, shall submit to the appropriate congressional committees a public report detailing the extent to which allied nations’ decision not to sanction the IRGC undermines the effectiveness of United States sanctions. Such report shall also include suggested methods by which the United States could convince treaty allied nations to do so through economic incentives or other means. Such report shall be submitted in unclassified form but may include a classified annex.”

• Iranian internet: “The Committee directs the Secretary of State, not later than 90 days after the date of enactment of this Act, to report to the appropriate congressional committees on the progress of programs promoting internet access and internet freedom in Iran, as part of the comprehensive strategy required by section 414 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158)”

>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 Report accompanying the bill states:

• “Within the amount provided for assistance for Iraq under Economic Support Fund, the Committee directs $15,000,000 be made available to support American-style higher education institutions in Iraq, including in the KRI, on an open and competitive basis. Such funds may include support for non-degree and certificate granting programs at such institutions that equip graduates of universities, institutes, and secondary schools with the knowledge and skills required to obtain gainful employment in the private sector. The Secretary of State and Administrator of USAID, as appropriate, shall include funds to be allocated for this purpose in the spend plan submitted pursuant to section 7062(b) of this Act.”

In a separate section, the Report also stipulates:

• Iranian militia owned companies: “The Committee is aware that the designated foreign terrorist organization Kataib Hezbollah, an Iranian backed militia, owns an Iraqi company known as the Muhandis company. This company has become enmeshed in Iraq’s economy and may be receiving funds from United States regional partner governments. Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report that examines the potential of this company, and any similar companies owned or controlled by Iranian-backed terrorist organizations operating in Iraq or the wider region, to avoid United States sanctions. Such report shall be submitted in unclassified form but may include a classified annex.”

>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 $450,300,000 for procurement in Israel.

The Report accompanying the bill notes:

• …The Committee reaffirms its support of the 2016 United States-Israel Memorandum of Understanding, which demonstrates the United States’ unshakable commitment to the security of Israel and to ensuring that Israel’s qualitative military edge and defense capabilities are maintained. The Committee strongly believes in the right and ability of Israel to defend itself against the wide range of threats it faces and believes that a close United States-Israel security partnership benefits the interests of both countries. The Committee further believes that by contributing to a safe and secure Israel, United States assistance positively contributes to any progress towards peace achieved through direct negotiations between Israel and the Palestinians.”

• “The Committee notes that emergency supplemental funds for Israel were requested by the President and provided by Congress, including humanitarian assistance for Israel. The Committee expects funds be made available to address humanitarian needs in Israel, such as safe medical transport, in light of continued attacks on the civilian population by Hamas and Hezbollah.”

>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’.” It also stipulates that not less than $400 million of additional ESF “shall be made available for assistance for Jordan, which shall be made available for budget support”, and not less than $50 million of additional FMF “shall be made available for assistance for Jordan”.

The Report accompanying the bill states:

• “The Committee notes the importance of the United States relationship with the Kingdom of Jordan and the strong leadership that Jordan continues to play in advancing peace and stability in the region. The Secretary of State and Administrator of USAID shall continue to support economic reforms, including budget support, to help ensure Jordan’s long-term stability and help mitigate the impact of hosting large numbers of refugees.”
  
• “Subsection (e)(1) directs not less than $1,650,000,000 for assistance for Jordan. Of the total amount provided, the Committee directs that not less than $2,500,000 be made available from International Narcotics Control and Law Enforcement, $10,400,000 be made available from Nonproliferation, Anti-terrorism, Demining and Related Programs, and $3,800,000 be made available from International Military Education and Training, which is the same as the request.”
• “Subsection (e)(2) provides an additional $450,000,000 from funds appropriated by this Act for assistance for Jordan to address urgent needs resulting from the malign activities of Iran and its proxies.”

>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: the bill 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.”

The Report accompanying the bill states:

• “Subsection (f) is modified from the prior year by deleting language making Economic Support Fund assistance for Lebanon available notwithstanding any other provision of law. The bill continues the requirement that certain conditions be met prior to the obligation of Foreign Military Financing Program for Lebanon. The Committee intends that assistance provided to the Lebanese Armed Forces (LAF) not be used against Israel and such assistance will not affect Israel’s qualitative military edge in the region.”
• “…The Committee directs that support be continued at not less than the prior year under Economic Support Fund for the Lebanon scholarship program and under Development Assistance for the undergraduate and graduate scholarship program for refugees in Lebanon. The Administrator of USAID is directed to consult with the Committees on Appropriations on an ongoing basis regarding how the programs will be administered consistent with the prior year and by not-for-profit educational institutions in Lebanon that meet the standards required for American accreditation and other matters related to implementation.”
• “The Committee notes the important and enduring partnerships with institutions of higher education in Lebanon and directs the Secretary of State and Administrator of USAID to consult with the Committees on Appropriations on funding for such institutions, including funding made available pursuant to section 7060(a)(2).”
• “The Committee supports continued funding for the Middle East Partnership Initiative scholarship program at not less than the prior year. Scholarships should be made available for institutions that meet standards comparable to those required for American accreditation and should be awarded in a manner consistent with prior fiscal years, including on an open and competitive basis.”

In a different part of the Report, the Committee stipulates:

• LAF performance: “Not later than 45 days after the date of enactment of this Act, the Committee directs the Secretary of State to submit to the appropriate congressional committees an updated report, in classified form if necessary, on the performance of the LAF, including an assessment of its operational capabilities and how the training, curriculum, and equipment provided by the United States contributes to those capabilities.”
• Hezbollah influence: “The Committee continues to be concerned about Hezbollah’s growing influence within the Government of Lebanon. The Committee directs the Secretary of State to submit a report to the Committees on Appropriations, not later than 45 days after the date of enactment of this Act, on: (1) the extent of Hezbollah’s influence within such government, including within the LAF; (2) the steps being taken to prevent the use of Lebanon as a safe haven for terrorist groups; (3) the implementation of United Nations Security Council Resolution (UNSCR) 1701; (4) the prevention of Hezbollah’s building of cross-border tunnels into Israel and weapons factories inside Lebanon; (5) the risks associated with the reported development of precision-guided missiles by Hezbollah and (6) the extent of Hezbollah’s influence on the judicial and financial sectors of Lebanon.”
• United Nations Interim Force in Lebanon (UNIFIL): “The Committee remains concerned about UNIFIL’s ability to fulfill its mandate in southern Lebanon to assist the LAF in establishing an area free of any armed personnel, assets, and weapons other than those of the government and of UNIFIL as well as accessing suspected tunnel sites and other areas of concern along the Blue Line. Not later than 90 days after the date of enactment of this Act, the Committee directs the Secretary of State to submit a report to the appropriate congressional committees assessing UNIFIL’s efforts to detect tunnels built by Hezbollah in southern Lebanon and the steps the Secretary and United States Ambassador to the United Nations are taking to urge the United Nations Security Council to sanction Hezbollah for violations of UNSCR 1701. The report should also include an assessment of whether UNIFIL is complying with its new requirement to increase its visible presence in southern Lebanon and oversee the LAF’s accelerated deployment in southern Lebanon.”

>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 Report accompanying the bill states: “Within the amount provided for Morocco, the Committee recommendation includes not less than $10,000,000 under Economic Support Fund, not less than $10,000,000 under Development Assistance, and $10,000,000 under Foreign Military Financing Program”

>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) may not be used in areas of Syria controlled by a government led by Bashar al-Assad or associated forces or made available to an organization or entity effectively controlled by an official or immediate family member of an official of such government.” [note that in the FY24 law, part (C) says “should not” rather than “may not”].

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-à-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).]

The Report accompanying the bill states:

• …The Committee remains concerned about the lengthy displacement of Syrians, as well as the needs of host communities in Turkey, Lebanon, Jordan, and Iraq, among other countries that are continuing to experience compounding shocks, particularly to support recovery in the wake of natural disasters, such as the 2023 earthquakes in Turkey and Syria. The Committee urges the Department of State to continue to: (1) assist host countries to expand their national systems and local government capacities to accommodate refugee needs; (2) increase host country capacity to deliver basic services to their own citizens; (3) employ policies and programs to close gaps in distribution of need-based aid; and (4) support refugee returns if they are safe, dignified, and voluntary.

• The Committee encourages the Secretary of State and Administrator of USAID, in compliance with the limitations on assistance of paragraph (2), to utilize humanitarian and stabilization funds for local Syrian and diaspora organizations, as well as international NGOs, to help implement lifesaving interventions in Syria, including support for emergency medical and rescue response and chemical weapons investigations, and further engage in diplomatic efforts to encourage increased donations for such assistance from United States allies and partners.

• The Committee urges the Administration, within the requirements of this Act, to work to ensure continued delivery of humanitarian aid into and within Syria.

>Section 7041: Tunisia

There is no Tunisia-related funding or provisions in the bill text. However, the Report accompanying the bill notes: “The Committee is alarmed by the deterioration of rights and freedoms in Tunisia since the shutdown of the parliament in July 2021. Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report outlining the United States strategy for supporting democracy in Tunisia”

>Section 7041(j): West Bank and Gaza

The bill includes no earmark (hard or soft) for assistance for either the West Bank or the Gaza Strip. Instead, this section lays out (and expands) limitations, restrictions, etc, on aid to the West Bank and Gaza.

Barring Aid to the PA: Part 1(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.” 

• As in previous years, no waiver is provided in the case of a Palestinian-initiated or Palestinian-backed effort ICC investigation [as is the case 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).
• NEW & IMPORTANT — The current bill text eliminates what had up until now been a perennial part of this section: language enabling the the Secretary of State 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.” Meaning if the Palestinians join any additional UN agencies, the US cannot provide them any aid, irrespective of any US interests etc.

Preventing the PLO Office from Re-Opening in the U.S.: Part 1(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.”

• NEW & IMPORTANT: This bill layers on another condition for allowing the Palestinians to re-open representation in the U.S.—requiring the President to certify that the Palestinians have not “initiated any further action, whether directly or indirectly, based on an Advisory Opinion of the International Court of Justice that undermines direct negotiations to resolve the Israeli-Palestinian conflict, including matters related to final status and Israel’s longstanding security rights and responsibilities.” [as in, they are adding in a condition that has already been violated]
• IMPORTANT: In past years, the bill has permitted the President to waive ban on the Palestinians re-opening some kind of representative office in the US, based on 2 conditions: 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.” In this new bill text, the requirements for using the waiver have escalated, demanding that the Palestinians, “have entered into direct and meaningful negotiations with Israel” — a requirement that the Palestinians literally do not have the power to meet unilaterally [as in, it takes two to tango…]. Also— and points for honesty here— the new bill eliminates what was already merely a token reference to concerns about US national security.
• NEW & EXTREMELY IMPORTANT: DEFUNDING US DIPLOMATS WHO DEAL WITH PALESTINIANS — Part (1)(c) of this section states simply: “None of the funds appropriated or otherwise made available by this Act may be made available for the Office of Palestinian Affairs, Department of State.” NOTE: The Office of Palestinian Affairs is the part of the US Embassy in Jerusalem responsible for dealing with Palestinian-related issues and engaging Palestinians – so in effect this is an effort to end US diplomatic outreach to and engagement with Palestinians.

Application of Taylor Force Act: Part 2 of this section states: “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).”

Relatedly, the Report accompanying the bill includes (in different sections of the report):

• Compliance with the Taylor Force Act— “The Committee underscores the importance of full compliance with the restrictions of the Taylor Force Act (title X of division S of Public Law 115–141) and continued efforts to fully implement the law, including increasing diplomatic efforts to end the Palestinian Authority’s practice of paying salaries to terrorists serving in Israeli prisons and paying for acts of terrorism. As described in section 7040 of this Act, and in compliance with the Taylor Force Act, no funding made available by this Act shall be provided to the Palestinian Authority.”

• Prisoner payments— “Not later than 90 days after the date of enactment of this Act, the Secretary of State is directed to submit a report to the appropriate congressional committees on the status of negotiating an end to the Palestinian Authority’s practice of paying salaries to terrorists and families of terrorists serving in prison and other forms of such support.”

Security report: Part 3 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..”

• 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.”

Incitement report: Part 4 of this section states: “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 bill of course nowhere acknowledges, let alone calls for action to address, the non-stop genocidal, racist, violent, dehumanizing, hateful rhetoric and incitement that is being produced every by Israeli politicians, media figures, active-duty soldiers, and hasbara heroes  – and disseminated by them, giddily, on media and social media pretty much every day since October 7th).

NEW & EXTREMELY IMPORTANT: Directive: Part 5 of this section states: “Beginning in fiscal year 2025,the Secretary of State shall bifurcate the budget operating unit of ‘West Bank and Gaza’ into separate units.” NOTE: Under the Oslo Accords (which the US ostensibly still supports), the West Bank and Gaza Strip are to be treated as a single territorial unit. Efforts to bifurcate them into separate units align closely with longstanding efforts of Greater Israel advocates.

The Report accompanying the bill states:

• “Monitoring, notification, and vetting.—The Committee directs the Secretary of State and Administrator of USAID to promptly inform the appropriate congressional committees of any alleged incident involving any United States assistance used in such a way that adversely affects or jeopardizes such assistance. This includes any incidents where United States assistance has directly or indirectly been provided to an individual or organization with ties to terrorism or incitement of violence.”
• “The Committee notes allegations of assistance provided to individuals or entities engaging in political activities and directs the Secretary of State and Administrator of USAID to expand vetting policies and practices to include an assessment of political neutrality and a review of statements by individuals or organizations that constitute engagement in political advocacy, incitement, or support for terrorism that would cause operational and reputational risks for the United States Government.”
• “Nita M. Lowey Middle East Partnership for Peace Act.—The Committee supports efforts that foster reconciliation and engagement and therefore recommends not less than the prior fiscal year level under Economic Support Fund for the Nita M. Lowey Middle East Partnership for Peace Act (title VIII of division K of Public Law 116–260).”

>Western Sahara

There bill text doesn’t mention Western Sahara, but the Report accompanying the bill notes (in separate sections of the Report):

• Middle East Partnership Initiative availability and consultation requirement.— “The Committee recommends funds under title III of this Act, which shall be made available for assistance for the Western Sahara. Not later than 90 days after the date of enactment of this Act, and prior to the obligation of such funds, the Secretary of State, in consultation with the Administrator of USAID, shall consult with the Committees on Appropriations on the proposed uses of such funds.”.”
• United Nations political process on Western Sahara.— “The Secretary of State shall continue to support a United Nations-led political process that achieves a just, lasting, and mutually acceptable political solution in accordance with relevant United Nations Security Council resolutions.”

>Section 7041(k): Yemen

Bill text states (new): “None of the funds appropriated by this Act may be used to revoke the designation of Ansarallah as a Specially Designated Global Terrorist group.”

The Report accompanying the bill states:

• The Committee recommendation includes funds appropriated under title III and Nonproliferation, Anti-terrorism, Demining and Related Programs for support of health, humanitarian, and stabilization efforts in Yemen, including demining operations and support for Yemeni local and community-based organizations.
• The Committee remains concerned by the absence of accountability for civilian harm, crimes against humanity, and other violations of international law, including obstruction of humanitarian assistance, by Houthi rebels and other malign actors in Yemen. The Committee urges the Secretary of State to lead efforts to restore an independent, international, and adequately resourced human rights monitoring and reporting mechanism in Yemen as soon as possible. The Committee directs the Secretary to prioritize and ensure the meaningful inclusion and participation of Yemeni women and civil society organizations in the peace process and to emphasize the rights and needs of children in any lasting peace agreement.”

===============================================

Section 7046: Europe and Eurasia

Part (c) of this section of the bill states (perennial language): “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.”

The Report accompanying the bill also notes:

• The Committee remains concerned about the harassment of dissidents in Turkey and abroad. The Committee urges the Secretary of State to assess the threats posed to dissidents and ensure available and relevant information, as appropriate, is shared with these individuals in a timely fashion”

Section 7048: United Nations

NEW & EXTREMELY IMPORTANT: Withholding of 15% of US funding to the UN & UN Agencies— Part (a) of this section requires the withholding from obligation of 15% of the US contribution to  to the United Nations, “including the Department of Peacekeeping Operations), international organizations, or any United Nations agency,” until the Secretary of State determines and reports to the appropriate congressional committees that the organization, department, or agency is meeting a laundry list of requirements, including “taking credible steps to combat anti-Israel bias.”

NEW & EXTREMELY IMPORTANT: Legislating the IHRA Definition of Antisemitism—The Report accompanying the bill notes: “Accountability report.—In carrying out the requirement of subsection (a), the Secretary of State shall also consider and report on efforts to combat antisemitism, as defined by the International Holocaust Remembrance Alliance, as appropriate.”

Restrictions on UN Delegations and Organizations: 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.”

• NEW & IMPORTANT: Past versions of this section include Part 3, which gives the Secretary of State the authority to waive these 2 prohibitions if he/she determines and reports to Congress that doing so is important for the national interest of the United States. The current bill eliminates that waiver.

UN Human Rights Council: Part (c) is entitled “United Nations Human Rights Council.

>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 9/30/25) “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.”

The Report accompanying the bill adds: “The Committee notes the continued lack of progress at UNHRC towards meaningful reforms to restore its credibility as a human rights body. UNHRC continues to elevate, legitimize, and shield the worst human rights offenders while simultaneously increasing an unjustified fixation on Israel. Therefore, the Committee continues the strengthened conditions in subsection (c), which prohibits funds for UNHRC until certain actions are taken, including specific steps to remove Israel as a permanent agenda item, to ensure integrity of the election of members to the Council. The report required in subsection (c)(1) shall include specific progress made to ensure integrity in the election of members to UNHRC. The Committee does not support the use of blank slate tactics to gain membership to such Council, as was done by the United States in October 2021, and notes that despotic countries with poor human rights records also use this tactic to gain membership, undermining the legitimacy of the election process and the Council.”

>Part (c)(2) bars funding for the UN International Commission on Inquiry (COI) — “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, notwithstanding any other provision of law. ”

>NEW & EXTREMELY IMPORTANT: Destroying UNRWA—Part (d) legislates the defunding (and requires work to start the process of replacing) UNRWA

• NO FUNDING FOR UNRWA — Part (d)(1) bars the use of funds “(A) for a contribution, grant, or other payment to the United Nations Relief and Works Agency (UNRWA), notwithstanding any other provision of law; or (B) to solicit or otherwise encourage funds for UNRWA from other donors and sources, notwithstanding any other provision of law.”
• KILL/REPLACE UNRWA — Part (d)(2) states: “Not later than 45 days after the date of enactment of this Act, the Secretary of State shall submit a transition plan to the appropriate congressional committees for providing assistance in the Middle East without direct or indirect funding to, or support from, UNRWA.”
• The Report accompanying the bills piles on exuberantly against UNRWA: “...The Committee notes that UNRWA has been compromised by staff who have promoted incitement to violence, antisemitism, and the destruction of the State of Israel. The Committee is concerned by UNRWA’s relationship with Hamas and other terrorist organizations, including credible allegations that several UNRWA staff participated in the October 7, 2023 massacre that killed over 1,200 people, including American citizens, and was the worst attack on the Jewish people since the Holocaust. Further, the Committee is concerned by the use of UNRWA facilities to shield Hamas infrastructure, such as the Hamas data center under UNRWA’s Gaza headquarters. The Committee notes allegations that significant numbers of UNRWA staff celebrated the October 7 massacre on social media and that hundreds of UNRWA staff, including school principals and senior UNRWA management, are also members of terrorist organizations that violently oppress the Palestinian people, including by using them as human shields. The Committee recognizes that the Palestinian people deserve better than to be subjected to UNRWA’s failure to promote peaceful coexistence with the State of Israel.”

>NEW & EXTREMELY IMPORTANT: De-funding the International Court of Justice (ICJ)—Part (n) states: “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 may be made available for a contribution, grant, or other payment to the International Court of Justice, notwithstanding any other provision of law.”

>NEW & EXTREMELY IMPORTANT: De-funding the International Criminal Court (ICC)— Part (m) states: “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 may be made available for a contribution, grant, or other payment to the International Criminal Court, notwithstanding any other provision of law.”

• Regarding the ICJ and ICC, the Report accompanying the bill notes: “The Committee strongly condemns and unequivocally rejects one-sided, politicized, anti-Israel activity at the International Criminal Court (ICC) and International Court of Justice (ICJ) and prohibits funds provided in this and prior acts for such courts. The Committee directs the Secretary of State to prioritize diplomatic efforts to prevent any further efforts to weaponize the ICC and ICJ against Israel.”

The Report includes extensive additional UN-related language (in various sections), including:

• ***NEW & IMPORTANT*** De-funding [and for all intents and purposes pulling the US out of] the UN and certain UN agencies: “The Committee recommendation does not include funding for assessed contributions for certain United Nations agencies and other international organizations, including the United Nations regular budget. The Committee also prohibits funds to the World Health Organization (WHO) and the United Nations Relief and Works Agency (UNRWA). The Committee remains concerned with the continued lack of progress toward meaningful reforms at the United Nations that, at a minimum, should include increased fiscal transparency, meaningful consequences for sexual misconduct by United Nations officials and peacekeepers, protections for whistleblowers, combating antisemitism, and holding member states accountable for undermining international security and investigations into the origins of COVID–19. The Committee strongly condemns the United Nations General Assembly for undermining peace and security between the Israeli and Palestinian people by passing the ‘Status of Palestine in the United Nations’ resolution that provided the ‘State of Palestine’ almost all the rights and privileges as Member States. The Committee notes that the United Nations is not capable of living up to its charter that includes the purpose ‘to maintain international peace and security’. The Committee has concluded that further assessed contributions to the United Nations are not justified and increased scrutiny and oversight must predicate any consideration of a voluntary contribution to the United Nations or any United Nations agency...”
• [in a section targeting the World Health Organization]: “The WHO has failed to effectively advocate for Taiwan’s inclusion and further demonstrated broken priorities in the most recent World Health Assembly by electing North Korea to the Executive Board and adopting a biased, anti-Israel resolution, which was the only country-specific resolution adopted during the session.”
• United Nations anti-Israel agenda: “The Committee urges the Secretary of State to declare it is the policy of the United States to pursue the principled position to veto one-sided, anti-Israel resolutions at the United Nations Security Council”
• NEW & IMPORTANT – United Nations voting practices: “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 United Nations in relation to United States strategic interests.” [as a reminder, this is basically the policy then-US Ambassador to the UN Nikki Haley articulated in 2018]
• Annual report on anti-Israel bias: “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 describing instances of anti-Israel bias at the United Nations, including an identification of the agencies and entities where such bias has been demonstrated in the past, including those that appear under this heading in title I of House Report 116–444.”

Section 7069: Gaza Oversight & Other Matters

In the context of the ongoing Israel-made humanitarian catastrophe in the Gaza Strip, and the urgent need for assistance to Gaza, Congress decided in the FY24 SFOPS that rather than (a) earmarking significant funding for Gaza, (b) including a clear directive for the State Department to provide funding for Gaza; and (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), it would instead pile a new set of arduous oversight requirements specific to Gaza, to be layered 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)– conditions that seem almost designed for the purpose of making it virtually impossible for the US to provide meaningful humanitarian aid to people who are living in a war zone for more than 8 months, with famine conditions, spreading disease, and totally destroyed medical and humanitarian infrastructure.

That is this section, with additional anti-Palestinian cruelly layered on in this new FY25 bill.

Specifically:

FAR-REACHING OVERSIGHT ON ASSISTANCE IN GAZA: 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.”

REPORT TO CONGRESS ON OVERSIGHT OF ASSISTANCE TO GAZA: 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.”

REQUIREMENT TO INFORM CONGRESS OF MIS-USE OF GAZA 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.”

THIRD-PARTY MONITORING OF GAZA ASSISTANCE: 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.”

QUARTERLY REPORT TO CONGRESS ON GAZA ASSISTANCE: Part (e) requires that, after the initial obligation of funds for Gaza, the Secretary of State and the USAID Administrator 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.”

INTELL REPORT TO CONGRESS ON MIS-USE OF GAZA 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“.

CONSULTATION WITH CONGRESS ON GAZA ASSISTANCE: Part (g) requires that not later than 30 days after this Act becomes law, 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.”

NEW & IMPORTANT—IG INVESTIGATIONS OF USG PARTNERS IN GAZA ASSISTANCE: Part (h) requires that the Inspectors General of the Department of State and USAID conduct investigations of their agencies implementing partners with respect to assistance in the West Bank and Gaza, or “entities that provide logistical support to implementing partners” [I’m pretty sure this is code for UNRWA] in order to determine if “allegations or reports that such entities have employed staff or contractors that are members of, or affiliated with, a United States designated terrorist organization or have participated in any terrorist act, including before, on, or after October 7, 2023, are credible, and, as appropriate, refer their investigative findings for potential criminal, civil, or administrative enforcement remedies.” [in effect a provision accusing US partner organizations of being in league with Hamas]

NEW & IMPORTANT [and underscoring that the racist, dehumanizing cruelty really is the point]—NO GAZA REFUGEES IN US: NEW Part (i) states: “None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings ‘Migration and Refugee Assistance’ and ‘United States Emergency Refugee and Migration Fund’ may be used to support the admission and resettlement into the United States of a foreign national from Gaza.”

Added by amendment in Full Committee mark-up

• NEW Targeting US Universities: During the Full Committee mark-up, a provision was added via en bloc amendment by Diaz-Balart (R-FL) barring any funding in the bill being made available to any U.S. university “that has failed to take administrative action against any student, staff member, or student group that commits acts of antisemitism while utilizing the facilities, grounds, or resources of said institution.”
• NEW Targeting the Maldives: During the Full Committee mark-up, a provision was added via an amendment offered by Clyde (R-GA), barring funding to the Republic of the Maldives “until the Secretary of State determines that the Republic has revoked its ban on Israeli passport holders.”