ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Waiver of Restriction on Providing Funds to the Palestinian Authority

President George W. Bush waived a statutory restriction under section 650(a) of a 2008 appropriations act to allow Economic Support Funds for fiscal year 2009 to be provided to the Palestinian Authority, certifying this was important to U.S. national security interests. The Secretary of State was directed to transmit the determination to Congress with a required report and publish it in the Federal Register.

Federal Register Open PDF 73 FR 60937

Impact dates

  1. Transmission to Congress with section 650(d) report

  2. Federal Register filing

Key directives

  • Waive section 650(a) restriction on providing funds to Palestinian Authority
  • Transmit determination to Congress with report pursuant to section 650(d)
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon certification
  • Funds become available for Palestinian Authority for FY2009

Near term (90d)

  • Secretary of State must transmit determination to Congress with section 650(d) report
  • Federal Register publication

Long term

—

Risks & tensions

  • Statutory waiver authority used to bypass congressional restriction on funding to Palestinian Authority
  • National security certification language is standard but not independently verifiable in document
  • Timing in October 2008 places this in final months of Bush administration with FY2009 approaching
Presidential Determination: Waiver of Restriction on Providing Funds to the Palestinian Authority · Executive Orders