22 U.S.C. § 2378b — Limitation on assistance to the Pales-

Page 875 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2378b Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2378–1. Prohibition on assistance to countries that restrict United States humanitarian as- sistance (a) In general No assistance shall be furnished under this chapter or the Arms Export Control Act [22 U.S.C. 2751 et seq.] to any country when it is made known to the President that the govern- ment of such country prohibits or otherwise re- stricts, directly or indirectly, the transport or delivery of United States humanitarian assist- ance. (b) Exception Assistance may be furnished without regard to the restriction in subsection (a) if the President determines that to do so is in the national secu- rity interest of the United States. (c) Notice Prior to making any determination under sub- section (b), the President shall notify the Com- mittee on International Relations, the Com- mittee on Foreign Relations, and the Commit- tees on Appropriations of the Senate and House of Representatives of his intention to make such a determination, the effective date of the deter- mination, and the reasons for making the deter- mination. (Pub. L. 87–195, pt. III, § 620I, as added Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 559], Sept. 30, 1996, 110 Stat. 3009–121, 3009–161.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance 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. The Arms Export Control Act, referred to in subsec. (a), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 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 For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2378a. Depleted uranium ammunition (a) Prohibition Except as provided in subsection (b), none of the funds made available to carry out this chap- ter or any other Act may be made available to facilitate in any way the sale of M–833 antitank shells or any comparable antitank shells con- taining a depleted uranium penetrating compo- nent to any country other than— (1) a country that is a member of the North Atlantic Treaty Organization; (2) a country that has been designated as a major non-NATO ally (as defined in section 2403(q) of this title); or (3) Taiwan. (b) Exception The prohibition contained in subsection (a) shall not apply with respect to the use of funds to facilitate the sale of antitank shells to a country if the President determines that to do so is in the national security interest of the United States. (Pub. L. 87–195, pt. III, § 620J, formerly § 620G, as added Pub. L. 104–164, title I, § 149, July 21, 1996, 110 Stat. 1436; renumbered § 620J, Pub. L. 109–446, § 2(b)(1), Dec. 21, 2006, 120 Stat. 3318.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance 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. CODIFICATION Another section 620J of Pub. L. 87–195 was renum- bered section 620m and is classified to section 2378d of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 2378b. Limitation on assistance to the Pales- tinian Authority (a) Limitation Assistance may be provided under this chapter to the Hamas-controlled Palestinian Authority only during a period for which a certification de- scribed 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-con- trolled 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 Page 876 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2378b with the United States Government, with the Government of Israel, and with the international community, including agree- ments and understandings pursuant to the Performance-Based Roadmap to a Perma- nent Two-State Solution to the Israeli-Pal- estinian Conflict (commonly referred to as the ‘‘Roadmap’’); and (2) the Hamas-controlled Palestinian Au- thority has made demonstrable progress to- ward— (A) completing the process of purging from its security services individuals with ties to terrorism; (B) dismantling all terrorist infrastructure within its jurisdiction, confiscating unau- thorized weapons, arresting and bringing terrorists to justice, destroying unauthor- ized arms factories, thwarting and pre- empting terrorist attacks, and fully cooper- ating 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 mate- rials, including textbooks, with materials that promote peace, tolerance, and coexist- ence 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 min- istries 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 pro- vided until 15 days after the date on which the President has provided notice thereof to the ap- propriate congressional committees in accord- ance with the procedures applicable to re- programming 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 secu- rity 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 enti- ties. (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 appro- priate congressional committees; and (B) certifying to the appropriate congres- sional 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 as- sistance is proposed to be provided is not a member of, or effectively controlled by (as the case may be), Hamas or any other for- eign terrorist organization. (3) Report Not later than 10 days after exercising the waiver authority under paragraph (1), the President shall submit to the appropriate con- gressional committees a report describing how the funds provided pursuant to such waiver will be spent and detailing the accounting pro- cedures 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 certifi- cation 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 sec- tion. (f) Definitions In this section: (1) Appropriate congressional committees The 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. (3) Palestinian Authority The term ‘‘Palestinian Authority’’ means the interim Palestinian administrative organi- zation that governs part of the West Bank and all of the Gaza Strip (or any successor Pales- tinian governing entity), including the Pales- tinian Legislative Council. (Pub. L. 87–195, pt. III, § 620K, as added, Pub. L. 109–446, § 2(b)(2), Dec. 21, 2006, 120 Stat. 3318.) Page 877 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2378b Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) 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. PALESTINIAN ANTI-TERRORISM ACT OF 2006 Pub. L. 109–446, Dec. 21, 2006, 120 Stat. 3318, as amend- ed by Pub. L. 114–323, title VII, § 715(b)(3), Dec. 16, 2016, 130 Stat. 1946, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Palestinian Anti-Ter- rorism Act of 2006’. ‘‘SEC. 2. LIMITATION ON ASSISTANCE TO THE PAL- ESTINIAN AUTHORITY. ‘‘(a) DECLARATION OF POLICY.—It shall be the policy of the United States— ‘‘(1) to support a peaceful, two-state solution to end the conflict between Israel and the Palestinians in accordance with the Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Pales- tinian Conflict (commonly referred to as the ‘Road- map’); ‘‘(2) to oppose those organizations, individuals, and countries that support terrorism and violently reject a two-state solution to end the Israeli-Palestinian conflict; ‘‘(3) to promote the rule of law, democracy, the ces- sation of terrorism and incitement, and good govern- ance in institutions and territories controlled by the Palestinian Authority; and ‘‘(4) to urge members of the international commu- nity to avoid contact with and refrain from sup- porting the terrorist organization Hamas until it agrees to recognize Israel, renounce violence, disarm, and accept prior agreements, including the Roadmap. ‘‘(b) AMENDMENTS.— ‘‘(1) [Amended section 2378a of this title.] ‘‘(2) [Enacted this section.] ‘‘(c) PREVIOUSLY OBLIGATED FUNDS.—The provisions of section 620K of the Foreign Assistance Act of 1961 [22 U.S.C. 2378b], as added by subsection (b), shall be appli- cable to the unexpended balances of funds obligated prior to the date of the enactment of this Act [Dec. 21, 2006]. ‘‘SEC. 3. LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA. ‘‘(a) AMENDMENT.—[Enacted section 2378c of this title.] ‘‘(b) OVERSIGHT AND RELATED REQUIREMENTS.— ‘‘(1) OVERSIGHT.—For each of the fiscal years 2007 and 2008, the Secretary of State shall certify to the appropriate congressional committees not later than 30 days prior to the initial obligation of amounts for assistance to nongovernmental organizations for the West Bank or Gaza under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] that procedures have been established to ensure that the Comptroller Gen- eral of the United States will have access to appro- priate United States financial information in order to review the use of such assistance. ‘‘(2) VETTING.—Prior to any obligation of amounts for each of the fiscal years 2007 and 2008 for assistance to nongovernmental organizations for the West Bank or Gaza under the Foreign Assistance Act of 1961, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual or entity that the Secretary knows, or has reason to believe, advocates, plans, sponsors, engages in, or has engaged in, terrorist ac- tivity. The Secretary shall, as appropriate, establish procedures specifying the steps to be taken in car- rying out this paragraph and shall terminate assist- ance to any individual or entity that the Secretary has determined advocates, plans, sponsors, or engages in terrorist activity. ‘‘(3) PROHIBITION.—No amounts made available for fiscal year 2007 or 2008 for assistance to nongovern- mental organizations for the West Bank or Gaza under the Foreign Assistance Act of 1961 may be made available for the purpose of recognizing or oth- erwise honoring individuals who commit, or have committed, acts of terrorism. ‘‘(4) AUDITS.— ‘‘(A) IN GENERAL.—The Administrator of the United States Agency for International Develop- ment shall ensure that Federal or non-Federal au- dits of all contractors and grantees, and significant subcontractors and subgrantees, that receive amounts for assistance to nongovernmental organi- zations for the West Bank or Gaza under the For- eign Assistance Act of 1961 are conducted for each of the fiscal years 2007 and 2008 to ensure, among other things, compliance with this subsection. ‘‘(B) AUDITS BY INSPECTOR GENERAL OF USAID.—Of the amounts available for each of the fiscal years 2007 and 2008 for assistance to nongovernmental or- ganizations for the West Bank or Gaza under the Foreign Assistance Act of 1961, up to $1,000,000 for each such fiscal year may be used by the Office of the Inspector General of the United States Agency for International Development for audits, inspec- tions, and other activities in furtherance of the re- quirements of subparagraph (A). Such amounts are in addition to amounts otherwise available for such purposes. ‘‘SEC. 4. DESIGNATION OF TERRITORY CON- TROLLED BY THE PALESTINIAN AUTHORITY AS TERRORIST SANCTUARY. ‘‘It is the sense of Congress that, during any period for which a certification described in section 620K(b) of the Foreign Assistance Act of 1961 [22 U.S.C. 2378b(b)] (as added by section 2(b)(2) of this Act) is not in effect with respect to the Palestinian Authority, the terri- tory controlled by the Palestinian Authority should be deemed to be in use as a sanctuary for terrorists or ter- rorist organizations for purposes of [former] section 6(j)(5) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(5)) [former 50 U.S.C. 4605(j)(5)] and section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f). ‘‘SEC. 5. DENIAL OF VISAS FOR OFFICIALS OF THE PALESTINIAN AUTHORITY. ‘‘(a) IN GENERAL.—Except as provided in subsection (b), a visa should not be issued to any alien who is an official of, under the control of, or serving as a rep- resentative of the Hamas-led Palestinian Authority during any period for which a certification described in section 620K(b) of the Foreign Assistance Act of 1961 [22 U.S.C. 2378b(b)] (as added by section 2(b)(2) of this Act) is not in effect with respect to the Palestinian Author- ity. ‘‘(b) EXCEPTION.—The restriction under subsection (a) should not apply to— ‘‘(1) the President of the Palestinian Authority and his or her personal representatives, provided that the President and his or her personal representatives are not affiliated with Hamas or any other foreign ter- rorist organization; and ‘‘(2) members of the Palestinian Legislative Council who are not members of Hamas or any other foreign terrorist organization. Page 878 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2378b ‘‘SEC. 6. TRAVEL RESTRICTIONS ON OFFICIALS AND REPRESENTATIVES OF THE PALESTINIAN AUTHORITY AND THE PALESTINE LIBERATION ORGANIZATION STATIONED AT THE UNITED NATIONS IN NEW YORK CITY. ‘‘(a) IN GENERAL.—Notwithstanding any other provi- sion of law, and except as provided in subsection (b), the President should restrict the travel of officials and representatives of the Palestinian Authority and of the Palestine Liberation Organization, who are stationed at the United Nations in New York City to a 25-mile ra- dius of the United Nations headquarters building dur- ing any period for which a certification described in section 620K(b) of the Foreign Assistance Act of 1961 [22 U.S.C. 2378b(b)] (as added by section 2(b)(2) of this Act) is not in effect with respect to the Palestinian Author- ity. ‘‘(b) EXCEPTION.—The travel restrictions described in subsection (a) should not apply to the President of the Palestinian Authority and his or her personal rep- resentatives, provided that the President and his or her personal representatives are not affiliated with Hamas or any other foreign terrorist organization. ‘‘SEC. 7. PROHIBITION ON PALESTINIAN AUTHOR- ITY REPRESENTATION IN THE UNITED STATES. ‘‘(a) PROHIBITION.—Notwithstanding any other provi- sion of law, it shall be unlawful to establish or main- tain an office, headquarters, premises, or other facili- ties or establishments within the jurisdiction of the United States at the behest or direction of, or with funds provided by, the Palestinian Authority during any period for which a certification described in sec- tion 620K(b) of the Foreign Assistance Act of 1961 [22 U.S.C. 2378b(b)] (as added by section 2(b)(2) of this Act) is not in effect with respect to the Palestinian Author- ity. ‘‘(b) ENFORCEMENT.— ‘‘(1) ATTORNEY GENERAL.—The Attorney General shall take the necessary steps and institute the nec- essary legal action to effectuate the policies and pro- visions of subsection (a). ‘‘(2) RELIEF.—Any district court of the United States for a district in which a violation of sub- section (a) occurs shall have authority, upon petition of relief by the Attorney General, to grant injunctive and such other equitable relief as it shall deem nec- essary to enforce the provisions of subsection (a). ‘‘(c) WAIVER.—Subsection (a) shall not apply if the President determines and certifies to the appropriate congressional committees that the establishment or maintenance of an office, headquarters, premises, or other facilities is vital to the national security inter- ests of the United States. ‘‘SEC. 8. INTERNATIONAL FINANCIAL INSTITU- TIONS. ‘‘(a) REQUIREMENT.—The President should direct the United States Executive Director at each international financial institution to use the voice, vote, and influ- ence of the United States to prohibit assistance to the Palestinian Authority (other than assistance described under subsection (b)) during any period for which a cer- tification described in section 620K(b) of the Foreign Assistance of 1961 [22 U.S.C. 2378b(b)] (as added by sec- tion 2(b)(2) of this Act) is not in effect with respect to the Palestinian Authority. ‘‘(b) EXCEPTIONS.—The prohibition on assistance de- scribed in subsection (a) should not apply with respect to the following types of assistance: ‘‘(1) Assistance to meet food, water, medicine, or sanitation needs, or other assistance to meet basic human needs. ‘‘(2) Assistance to promote democracy, human rights, freedom of the press, non-violence, reconcili- ation, and peaceful coexistence, provided that such assistance does not directly benefit Hamas or other foreign terrorist organizations. ‘‘(c) DEFINITION.—In this section, the term ‘inter- national financial institution’ has the meaning given the term in section 1701(c)(2) of the International Fi- nancial Institutions Act (22 U.S.C. 262r(c)(2)). ‘‘SEC. 9. DIPLOMATIC CONTACTS WITH PALES- TINIAN TERROR ORGANIZATIONS. ‘‘No funds authorized or available to the Department of State may be used for or by any officer or employee of the United States Government to negotiate with members or official representatives of Hamas, Pales- tinian Islamic Jihad, the Popular Front for the Libera- tion of Palestine, al-Aqsa Martyrs Brigade, or any other Palestinian terrorist organization (except in emergency or humanitarian situations), unless and until such organization— ‘‘(1) recognizes Israel’s right to exist; ‘‘(2) renounces the use of terrorism; ‘‘(3) dismantles the infrastructure in areas within its jurisdiction necessary to carry out terrorist acts, including the disarming of militias and the elimi- nation of all instruments of terror; and ‘‘(4) recognizes and accepts all previous agreements and understandings between the State of Israel and the Palestinian Authority. ‘‘SEC. 10. ISRAELI–PALESTINIAN PEACE, REC- ONCILIATION AND DEMOCRACY FUND. ‘‘(a) ESTABLISHMENT OF FUND.—Not later than 60 days after the date of the enactment of this Act [Dec. 21, 2006], the Secretary of State shall establish a fund to be known as the ‘Israeli-Palestinian Peace, Reconciliation and Democracy Fund’ (in this section referred to as the ‘Fund’). The purpose of the Fund shall be to support, primarily, through Palestinian and Israeli organiza- tions, the promotion of democracy, human rights, free- dom of the press, and non-violence among Palestinians, and peaceful coexistence and reconciliation between Israelis and Palestinians. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to the Secretary of State $20,000,000 for fiscal year 2007 for purposes of the Fund. ‘‘SEC. 11. REPORTING REQUIREMENT. ‘‘Not later than 90 days after the date of the enact- ment of this Act [Dec. 21, 2006], and annually there- after, the Secretary of State shall submit to the appro- priate congressional committees a report that— ‘‘(1) describes the steps that have been taken by the United States Government to ensure that other coun- tries and international organizations, including mul- tilateral development banks, do not provide direct as- sistance to the Palestinian Authority for any period for which a certification described in section 620K(b) of the Foreign Assistance Act of 1961 [22 U.S.C. 2378b(b)] (as added by section 2(b)(2) of this Act) is not in effect with respect to the Palestinian Authority; and ‘‘(2) identifies any countries and international orga- nizations, including multilateral development banks, that are providing direct assistance to the Pales- tinian Authority during such a period, and describes the nature and amount of such assistance. ‘‘SEC. 12. DEFINITIONS. ‘‘In this Act: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on International Relations [now Committee on Foreign Affairs] and the Com- mittee on Appropriations of the House of Rep- resentatives; and ‘‘(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. ‘‘(2) PALESTINIAN AUTHORITY.—The term ‘Pales- tinian Authority’ has the meaning given the term in section 620K(e)(2) of the Foreign Assistance Act of 1961 [22 U.S.C. 2378b(e)(2)] (as added by section 2(b)(2) of this Act).’’ Executive Documents ASSISTANCE FOR THE WEST BANK AND GAZA Determination of President of the United States, No. 2007–20, June 1, 2007, 72 F.R. 34973, provided: 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.