DetDeterminationObama · D

Presidential Determination

Waiver of Restriction On Providing Funds To The Palestinian Authority

President Obama waived a statutory restriction to allow U.S. funds to be provided to the Palestinian Authority, certifying it was important to national security interests. The Secretary of State was directed to transmit this determination to Congress with a required report and publish it in the Federal Register.

Impact dates

  1. Report to Congress pursuant to section 7040(d) of the Act

Key directives

  • Waive provisions of section 7040(a) of the Act to provide funds to Palestinian Authority
  • Transmit determination to Congress with report pursuant to section 7040(d)
  • Publish determination in the Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon signing, permitting funds to flow to Palestinian Authority
  • Secretary of State directed to transmit determination to Congress and publish in Federal Register

Near term (90d)

  • Report pursuant to section 7040(d) of the Act to be submitted to Congress

Long term

  • Continued U.S. foreign assistance to Palestinian Authority contingent on ongoing presidential certifications

Risks & tensions

  • Statutory waiver mechanism reflects tension between congressional restrictions on aid and executive foreign policy prerogatives
  • Aid to Palestinian Authority historically contentious in U.S. domestic politics
  • Section 7040(d) report requirements suggest congressional oversight intent; timing of report not specified in text
Presidential Determination: Waiver of Restriction On Providing Funds To The Palestinian Authority · Executive Orders