United States Code

USC most recently checked for updates: Mar 01, 2024

§ 2378b.
(a)
Limitation

Assistance may be provided under this chapter to the Hamas-controlled Palestinian Authority only during a period for which a certification described in subsection (b) is in effect.

(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
(2)
the Hamas-controlled Palestinian Authority has made demonstrable progress toward—
(A)
completing the process of purging from its security services individuals with ties to terrorism;
(B)
dismantling all terrorist infrastructure within its jurisdiction, confiscating unauthorized weapons, arresting and bringing terrorists to justice, destroying unauthorized arms factories, thwarting and preempting terrorist attacks, and fully cooperating with Israel’s security services;
(C)
halting all anti-American and anti-Israel incitement in Palestinian Authority-controlled electronic and print media and in schools, mosques, and other institutions it controls, and replacing educational materials, including textbooks, with materials that promote peace, tolerance, and coexistence with Israel;
(D)
ensuring democracy, the rule of law, and an independent judiciary, and adopting other reforms such as ensuring transparent and accountable governance; and
(E)
ensuring the financial transparency and accountability of all government ministries and operations.
(c)
Recertifications
Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (b), and every six months thereafter—
(1)
the President shall transmit to Congress a recertification that the conditions described in subsection (b) are continuing to be met; or
(2)
if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor.
(d)
Congressional notification

Assistance made available under this chapter to the Palestinian Authority may not be provided until 15 days after the date on which the President has provided notice thereof to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 2394–1(a) of this title.

(e)
National security waiver
(1)
In general
Subject to paragraph (2), the President may waive subsection (a) with respect to—
(A)
the administrative and personal security costs of the Office of the President of the Palestinian Authority;
(B)
the activities of the President of the Palestinian Authority to fulfill his or her duties as President, including to maintain control of the management and security of border crossings, to foster the Middle East peace process, and to promote democracy and the rule of law; and
(C)
assistance for the judiciary branch of the Palestinian Authority and other entities.
(2)
Certification
The President may only exercise the waiver authority under paragraph (1) after—
(A)
consulting with, and submitting a written policy justification to, the appropriate congressional committees; and
(B)
certifying to the appropriate congressional committees that—
(i)
it is in the national security interest of the United States to provide assistance otherwise prohibited under subsection (a); and
(ii)
the individual or entity for which assistance is proposed to be provided is not a member of, or effectively controlled by (as the case may be), Hamas or any other foreign terrorist organization.
(3)
Report

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

(4)
Treatment of certification as notification of program change

For purposes of this subsection, the certification required under paragraph (2)(B) shall be deemed to be a notification under section 2394–1 of this title and shall be considered in accordance with the procedures applicable to notifications submitted pursuant to that section.

(f)
Definitions
In this section:
(1)
Appropriate congressional committees
The term “appropriate congressional committees” means—
(A)
the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and
(B)
the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(2)
Foreign terrorist organization

The term “foreign terrorist organization” means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 1189(a) of title 8.

(3)
Palestinian Authority

The term “Palestinian Authority” means the interim Palestinian administrative organization that governs part of the West Bank and all of the Gaza Strip (or any successor Palestinian governing entity), including the Palestinian Legislative Council.

(Pub. L. 87–195, pt. III, § 620K, as added, Pub. L. 109–446, § 2(b)(2), Dec. 21, 2006, 120 Stat. 3318.)
cite as: 22 USC 2378b