; (2) restores judicial independence and establishes the Constitutional Court in a manner that fosters an independent judiciary and serves as a check on the presidency; (3) is taking credible steps to respect freedoms of expression, association, and the press; (4) creates an enabling operating environment in which Tunisian civil society organizations can operate without undue interference, including permitting international funding; (5) ceases use of military courts to try civilians; and (6) ceases efforts to intimidate Tunisian independent media through arbitrary arrests and criminal prosecutions of journalists on illegitimate charges. (e) Initial Report, Annual Report and Briefing (1) Initial report Not later than 120 days after the date of the enactment of this Act and annually thereafter through 2028, the Secretary of State shall provide a report and accompanying briefing on the state of Tunisia’s democracy and associated progress on the democratic benchmarks outlined in subsection (d) to the appropriate congressional committees. (2) Form of report The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (f) Waiver The Secretary of State may waive the limitation on funding under subsection (b) if the Secretary, not later than 15 days before the waiver is to take effect, certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. The Secretary shall submit with the certification a detailed justification explaining the reasons for the waiver. (g) Defined term In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; and (4) the Committee on Appropriations of the House of Representatives . 5. Termination This Act shall terminate on the date that is 5 years after the date of the enactment of this Act.