Assistance may be provided under this chapter to nongovernmental organizations for the West Bank and Gaza only during a period for which a certification described in section
2378b(b) of this title is in effect with respect to the Palestinian Authority.
Subsection (a) shall not apply with respect to the following:
(1) Assistance to meet basic human needs
Assistance to meet food, water, medicine, health, or sanitation needs, or other assistance to meet basic human needs.
(2) Assistance to promote democracy
Assistance to promote democracy, human rights, freedom of the press, non-violence, reconciliation, and peaceful coexistence, provided that such assistance does not directly benefit Hamas or any other foreign terrorist organization.
(3) Assistance for individual members of the Palestinian Legislative Council
Assistance, other than funding of salaries or salary supplements, to individual members of the Palestinian Legislative Council who the President determines are not members of Hamas or any other foreign terrorist organization, for the purposes of facilitating the attendance of such members in programs for the development of institutions of democratic governance, including enhancing the transparent and accountable operations of such institutions, and providing support for the Middle East peace process.
(4) Other types of assistance
Any other type of assistance if the President—
(A)determines that the provision of such assistance is in the national security interest of the United States; and
(B)not less than 30 days prior to the obligation of amounts for the provision of such assistance—
(i)consults with the appropriate congressional committees regarding the specific programs, projects, and activities to be carried out using such assistance; and
(ii)submits to the appropriate congressional committees a written memorandum that contains the determination of the President under subparagraph (A).
(c) Marking requirement
Assistance provided under this chapter to nongovernmental organizations for the West Bank and Gaza shall be marked as assistance from the American people or the United States Government unless the Secretary of State or, as appropriate, the Administrator of the United States Agency for International Development, determines that such marking will endanger the lives or safety of persons delivering such assistance or would have an adverse effect on the implementation of that assistance.
(d) Congressional notification
Assistance made available under this chapter to nongovernmental organizations for the West Bank and Gaza may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section
2394–1(a) of this title.
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
1189(a) of title
 So in original. Probably should be capitalized.
This chapter, referred to in subsecs. (a), (c), and (d), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section
2151 of this title and Tables.
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Delegation of Functions
Functions of President under subsec. (b)(4)(B) of this section delegated to Secretary of State by Determination of President of the United States, No. 2007–20, June 1, 2007, 72 F.R. 34973, set out as a note under section
2378b of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.