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22 U.S.C. § 2378c — Limitation on assistance for the West Bank and Gaza
Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation** Assistance may be provided under this chapter to nongovernmental organizations for the West Bank and Gaza only during a period for which a certification described in [section 2378b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2378b/b&num=0&edition=prelim) is in effect with respect to the Palestinian Authority.
**(b) Exceptions** Subsection (a) shall not apply with respect to the following:
(1) **Assistance to meet basic human needs** — Assistance to meet food, water, medicine, health, or sanitation needs, or other assistance to meet basic human needs.
(2) **Assistance to promote democracy** — Assistance to promote democracy, human rights, freedom of the press, non-violence, reconciliation, and peaceful coexistence, provided that such assistance does not directly benefit Hamas or any other foreign terrorist organization.
(3) **Assistance for individual members of the Palestinian Legislative Council** — Assistance, other than funding of salaries or salary supplements, to individual members of the Palestinian Legislative Council who the President determines are not members of Hamas or any other foreign terrorist organization, for the purposes of facilitating the attendance of such members in programs for the development of institutions of democratic governance, including enhancing the transparent and accountable operations of such institutions, and providing support for the Middle East peace process.
(4) **Other types of assistance** — Any other type of assistance if the President—
(A) determines that the provision of such assistance is in the national security interest of the United States; and
(B) not less than 30 days prior to the obligation of amounts for the provision of such assistance—
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Source file: Laws/federal/codes/united-states-code/title-22/section-2378c-limitation-on-assistance-for-the-west-bank-and-gaza--8d8ca659b8.md
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Source location: Title 22, Chapter 32, § 2378c; chapter-032-foreign-assistance.md
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**(a) Limitation** Assistance may be provided under this chapter to nongovernmental organizations for the West Bank and Gaza only during a period for which a certification described in [section 2378b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2378b/b&num=0&edition=prelim) is in effect with respect to the Palestinian Authority.
**(b) Exceptions** Subsection (a) shall not apply with respect to the following:
(1) **Assistance to meet basic human needs** — Assistance to meet food, water, medicine, health, or sanitation needs, or other assistance to meet basic human needs.
(2) **Assistance to promote democracy** — Assistance to promote democracy, human rights, freedom of the press, non-violence, reconciliation, and peaceful coexistence, provided that such assistance does not directly benefit Hamas or any other foreign terrorist organization.
(3) **Assistance for individual members of the Palestinian Legislative Council** — Assistance, other than funding of salaries or salary supplements, to individual members of the Palestinian Legislative Council who the President determines are not members of Hamas or any other foreign terrorist organization, for the purposes of facilitating the attendance of such members in programs for the development of institutions of democratic governance, including enhancing the transparent and accountable operations of such institutions, and providing support for the Middle East peace process.
(4) **Other types of assistance** — Any other type of assistance if the President—
(A) determines that the provision of such assistance is in the national security interest of the United States; and
(B) not less than 30 days prior to the obligation of amounts for the provision of such assistance—
(i) consults with the appropriate congressional committees regarding the specific programs, projects, and activities to be carried out using such assistance; and
(ii) submits to the appropriate congressional committees a written memorandum that contains the determination of the President under subparagraph (A).
**(c) Marking requirement** Assistance provided under this chapter to nongovernmental organizations for the West Bank and Gaza shall be marked as assistance from the American people or the United States Government unless the Secretary of State or, as appropriate, the Administrator of the United States Agency for International Development, determines that such marking will endanger the lives or safety of persons delivering such assistance or would have an adverse effect on the implementation of that assistance.
**(d) Congressional notification** Assistance made available under this chapter to nongovernmental organizations for the West Bank and Gaza may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under [section 2394–1(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394–1/a&num=0&edition=prelim).
**(e) Definitions** In this section:
(1) **Appropriate congressional committees** — the 11 So in original. Probably should be capitalized. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1189/a&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2151
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Federal law — U.S. Code and appendices · legal_authorities
**(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 wi
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2378b
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Federal law — U.S. Code and appendices · legal_authorities
Page 879
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2378c
Memorandum for the Secretary of State
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 550(b) of the Foreign Oper-
ations, Export Financing, and Related Programs Ap-
propriations Act, 2006 (FOAA)(Public Law 109–102), as
amended by the Emergency Supplemental Appropria-
tions Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 (Public Law 109–234), sections
620K(e) and 620L(b)(4) of the Foreign Assistance Act [of
1961], as added by the Palestinian Anti-Terrorism Act
of 2006 (Public Law 109–446), and section 301 of title 3,
United States Code, I hereby certify and report that:
With respect to the provision of assistance for the ad-
ministrative and personal security costs of the Office of
the President of the Palestinian Authority; for the ac-
tivities of the President of the Palestinian Authority
to promote democracy, peaceful resolution of the
Israeli-Palestinian conflict, and the rule of law and to
fulfill his duties as President, including, among other
things, to maintain control of the management and se-
curity of border crossings and to foster the Middle East
peace process; and, with respect to independent agen-
cies:
• it is in the national security interest of the United
States to provide such assistance;
• as the case may be, the President of the Palestinian
Authority, the President’s party, and independent
agencies and any members thereof, including any indi-
vidual or entity for which assistance is proposed to be
provided, are not members of, appointed by, or effec-
tively controlled by Hamas or any other foreign ter-
rorist organization; and
• such assistance provided hereunder will
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2378c
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