§2378c — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Limits U.S. aid to nongovernmental groups in the West Bank and Gaza so it can only be given while a specific certification for the Palestinian Authority under section 2378b(b) is in effect. There are exceptions: help for basic needs (food, water, medicine, health, sanitation), support for democracy and human rights so long as it does not directly benefit Hamas or any other foreign terrorist group, non-salary support for individual Palestinian Legislative Council members who are not in Hamas to attend democratic-governance training and peace-process programs, and any other aid the President finds is in U.S. national security interests if the President consults Congress and sends a written memo at least 30 days before obligating funds. Aid must be labeled as coming from the American people or the U.S. Government unless the Secretary of State or the USAID Administrator decides labeling would endanger people or hurt the program. No aid can be provided until 15 days after the President notifies the House and Senate International Relations/Foreign Relations and Appropriations committees, following the reprogramming-notice rules under section 2394–1(a). “Appropriate congressional committees” means those four committees. “Foreign terrorist organization” means a group the Secretary of State has designated under section 1189(a) of title 8.

Title 22, §2378c

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)Subsection (a) shall not apply with respect to the following:

(1)Assistance to meet food, water, medicine, health, or sanitation needs, or other assistance to meet basic human needs.

(2)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, 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)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)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)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.

(e)In this section:

(1)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)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.

Notes & Related Subsidiaries

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 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.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs 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 Determination 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 Limitation on Assistance for the West Bank and Gaza