Page:United States Statutes at Large Volume 119.djvu/2237

 PUBLIC LAW 109–102—NOV. 14, 2005

119 STAT. 2219

(c) Funds appropriated by this Act to carry out provisions of section 541 of the Foreign Assistance Act of 1961 may be made available notwithstanding subsection (a). PALESTINIAN STATEHOOD

SEC. 555. (a) LIMITATION ON ASSISTANCE.—None of the funds appropriated by this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that— (1) a new leadership of a Palestinian governing entity has been democratically elected through credible and competitive elections; (2) the elected governing entity of a new Palestinian state— (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; (B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures; (C) is establishing a new Palestinian security entity that is cooperative with appropriate Israeli and other appropriate security organizations; and (3) the Palestinian Authority (or the governing body of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include— (A) termination of all claims or states of belligerency; (B) respect for and acknowledgement of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones; (C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; (D) freedom of navigation through international waterways in the area; and (E) a framework for achieving a just settlement of the refugee problem. (b) SENSE OF CONGRESS.—It is the sense of Congress that the newly-elected governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) WAIVER.—The President may waive subsection (a) if he determines that it is vital to the national security interests of the United States to do so. (d) EXEMPTION.—The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or a newly-elected governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 550 of this Act (‘‘Limitation on Assistance to the Palestinian Authority’’).

VerDate 14-DEC-2004

13:51 Oct 26, 2006

Jkt 039194

PO 00002

Frm 01076

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.119

APPS06

PsN: PUBL002

�