Assistance for the West Bank and Gaza

President Bush waived statutory restrictions to allow U.S. assistance to the Palestinian Authority President's office and to NGOs in the West Bank and Gaza, contingent on certifications that no funds reach Hamas or terrorist-controlled entities. The determination assigns implementation authority to the Secretary of State.

Federal Register Open PDF 72 FR 34973

Impact dates

Date TBD
Report determination to Congress and publish in Federal Register

Key directives

Waive section 550(a) of FOAA and section 620K(a) of Foreign Assistance Act for specified assistance
Authorize assistance for Palestinian Authority President's office for administrative/security costs and democracy/peace promotion activities
Authorize NGO assistance for West Bank and Gaza as Secretary of State deems appropriate
Assign functions under section 620L(b)(4)(B) to Secretary of State for designating specific programs
Assign functions under section 550(b) and (c) of FOAA to Secretary of State
Report determination to Congress and publish in Federal Register

Who is ordered

Secretary of State · State Department

Timeline

Immediate

Waiver of section 550(a) of FOAA and section 620K(a) of Foreign Assistance Act takes effect
Authorization of assistance for Palestinian Authority President's administrative and security costs
Authorization of NGO assistance for West Bank and Gaza as Secretary deems appropriate

Near term (90d)

Secretary of State to designate specific programs, projects, and activities under section 620L(b)(4)(B)

Long term

Ongoing U.S. assistance flows subject to continuing certifications and congressional appropriations

Risks & tensions

Certification requirements create implementation burden and risk of later violation if Hamas influence shifts
Vague 'deems appropriate' standard for NGO assistance may reduce congressional oversight
Ongoing statutory tension between promoting Palestinian governance and restricting aid to terrorist-affiliated entities