§ 2378b. Limitation on assistance to the Palestinian authority
(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—
(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;
(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—
(d)
Congressional notification
Assistance made available under this chapter to the Palestinian Authority may not be provided until 15 days after the date on which the President has provided notice thereof to the appropriate congressional committees in accordance with the procedures applicable to reprogramming 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 security costs of the Office of the President of the Palestinian Authority;
(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 appropriate congressional committees; and
(3)
Report
Not later than 10 days after exercising the waiver authority under paragraph (1), the President shall submit to the appropriate congressional committees a report describing how the funds provided pursuant to such waiver will be spent and detailing the accounting procedures 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 certification 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 section.
(f)
Definitions
In this section:
(1)
Appropriate congressional committees
The term “appropriate congressional committees” means—