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 120 STAT. 3320

border crossings, to foster the Middle East peace process, and to promote democracy and the rule of law; and ‘‘(C) assistance for the judiciary branch of the Palestinian Authority and other entities. ‘‘(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 ‘‘(B) certifying to the appropriate congressional committees that— ‘‘(i) it is in the national security interest of the United States to provide assistance otherwise prohibited under subsection (a); and ‘‘(ii) the individual or entity for which assistance is proposed to be provided is not a member of, or effectively controlled by (as the case may be), Hamas or any other foreign terrorist organization. ‘‘(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 634A 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— ‘‘(A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and ‘‘(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. ‘‘(2) FOREIGN TERRORIST ORGANIZATION.—The term ‘foreign terrorist organization’ means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ‘‘(3) PALESTINIAN AUTHORITY.—The term ‘Palestinian Authority’ means the interim Palestinian administrative organization that governs part of the West Bank and all of the Gaza Strip (or any successor Palestinian governing entity), including the Palestinian Legislative Council.’’. (c) PREVIOUSLY OBLIGATED FUNDS.—The provisions of section 620K of the Foreign Assistance Act of 1961, as added by subsection (b), shall be applicable to the unexpended balances of funds obligated prior to the date of the enactment of this Act.

President.

Applicability.

22 USC 2378b note.

VerDate 14-DEC-2004

12:05 Jul 13, 2007

PUBLIC LAW 109–446—DEC. 21, 2006

SEC. 3. LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA.

(a) AMENDMENT.—Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as amended by section

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