22 U.S.C. § 2378c — Limitation on assistance for the West

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 not be transferred or retransferred to any member of Hamas or other foreign terrorist organization or to any entity effectively controlled by Hamas or other foreign ter- rorist organization. Accordingly, I hereby waive section 550(a) of the FOAA, as amended, and section 620K(a) of the Foreign Assistance Act, as amended, with respect to such as- sistance, and authorize such assistance for the above purposes. Furthermore, I hereby determine that, with respect to assistance to nongovernmental organizations for the West Bank and Gaza other than assistance covered by paragraphs (b)(1), (2), and (3) of section 620L of the For- eign Assistance Act, as amended, it is in the national security interest of the United States to provide such assistance as the Secretary of State deems appropriate, and assign to the Secretary of State the functions under section 620L(b)(4)(B) regarding the specific pro- grams, projects, and activities to be carried out using such assistance. I also hereby assign the functions of the President under section 550(b) and (c) of the FOAA, as amended and as carried forward under the Revised Continuing Appropriations Resolution, 2007 (Public Law 110–5), to the Secretary of State. You are hereby authorized and directed to report this determination to the Congress and publish it in the Federal Register. GEORGE W. BUSH. § 2378c. Limitation on assistance for the West Bank and Gaza (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 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 assist- ance to meet basic human needs. (2) Assistance to promote democracy Assistance to promote democracy, human rights, freedom of the press, non-violence, rec- onciliation, and peaceful coexistence, provided that such assistance does not directly benefit Hamas or any other foreign terrorist organiza- tion. (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 organiza- tion, for the purposes of facilitating the at- tendance of such members in programs for the development of institutions of democratic gov- ernance, including enhancing the transparent and accountable operations of such institu- tions, and providing support for the Middle East peace process. (4) Other types of assistance Any other type of assistance if the Presi- dent— (A) determines that the provision of such assistance is in the national security inter- est of the United States; and (B) not less than 30 days prior to the obli- gation of amounts for the provision of such assistance— (i) consults with the appropriate con- gressional committees regarding the spe- cific programs, projects, and activities to be carried out using such assistance; and (ii) submits to the appropriate congres- sional committees a written memorandum that contains the determination of the President under subparagraph (A). (c) Marking requirement Assistance provided under this chapter to non- governmental organizations for the West Bank and Gaza shall be marked as assistance from the American people or the United States Govern- ment unless the Secretary of State or, as appro- priate, the Administrator of the United States Agency for International Development, deter- mines that such marking will endanger the lives or safety of persons delivering such assistance or would have an adverse effect on the imple- mentation 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. Page 880 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2378c–1 1 So in original. Probably should be capitalized. (e) Definitions In this section: (1) Appropriate congressional committees the 1 term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on International Rela- tions 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. (Pub. L. 87–195, pt. III, § 620L, as added Pub. L. 109–446, § 3(a), Dec. 21, 2006, 120 Stat. 3320.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (c), and (d), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assist- ance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (b)(4)(B) of this section delegated to Secretary of State by Determina- tion of President of the United States, No. 2007–20, June 1, 2007, 72 F.R. 34973, set out as a note under section 2378b of this title. § 2378c–1. Limitation on assistance to the West Bank and Gaza (a) Limitation (1) In general Funds authorized to be appropriated or oth- erwise made available for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to Economic Support Fund) and available for as- sistance for the West Bank and Gaza that di- rectly benefits the Palestinian Authority may only be made available for such purpose if, ex- cept as provided in subsection (d), not later than 30 days after March 23, 2018, and every 180 days thereafter, the Secretary of State cer- tifies in writing to the appropriate congres- sional committees that the Palestinian Au- thority, the Palestine Liberation Organiza- tion, and any successor or affiliated organiza- tions— (A) are taking credible steps to end acts of violence against Israeli citizens and United States citizens that are perpetrated or mate- rially assisted by individuals under their ju- risdictional control, such as the March 2016 attack that killed former United States Army officer Taylor Force, a veteran of the wars in Iraq and Afghanistan; (B) have terminated payments for acts of terrorism against Israeli citizens and United States citizens to any individual, after being fairly tried, who has been imprisoned for such acts of terrorism and to any individual who died committing such acts of terrorism, including to a family member of such indi- viduals; (C) have revoked any law, decree, regula- tion, or document authorizing or imple- menting a system of compensation for im- prisoned individuals that uses the sentence or period of incarceration of an individual imprisoned for an act of terrorism to deter- mine the level of compensation paid, or have taken comparable action that has the effect of invalidating any such law, decree, regula- tion, or document; and (D) are publicly condemning such acts of violence and are taking steps to investigate or are cooperating in investigations of such acts to bring the perpetrators to justice. (2) Additional certification requirement The Secretary of State shall include in the certification required under paragraph (1) the definition of ‘‘acts of terrorism’’ that the Sec- retary used for purposes of making the deter- mination in subparagraph (B) of such para- graph. (b) Exception (1) In general Subject to paragraph (2), the limitation on assistance under subsection (a) shall not apply to— (A) payments made to the East Jerusalem Hospital Network; (B) assistance for wastewater projects not exceeding $5,000,000 in any one fiscal year; and (C) assistance for any other program, project, or activity that provides vaccina- tions to children not exceeding $500,000 in any one fiscal year. (2) Notification The Secretary of State shall notify in writ- ing the appropriate congressional committees not later than 15 days prior to making funds available for assistance under subparagraph (A), (B), or (C) of paragraph (1). (c) Rule of construction Funds withheld pursuant to this section— (1) shall be deemed to satisfy any similar withholding or reduction required under any other provision of law relating to the Pales- tinian Authority’s payments for acts of ter- rorism; and (2) shall be in an amount that is not less than the total amount required by such other provision of law.