View all text of Part I [§ 2351 - § 2378d]
§ 2378b. Limitation on assistance to the Palestinian Authority
(a) Limitation
(b) CertificationA 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) RecertificationsNot 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
(e) National security waiver
(1) In generalSubject 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) CertificationThe 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
(4) Treatment of certification as notification of program change
(f) DefinitionsIn this section:
(1) Appropriate congressional committeesThe 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
(3) Palestinian Authority
(Pub. L. 87–195, pt. III, § 620K, as added, Pub. L. 109–446, § 2(b)(2), Dec. 21, 2006, 120 Stat. 3318.)