PUBLIC LAW 109–446—DEC. 21, 2006
120 STAT. 3321
2(b)(2), is further amended by adding at the end the following new section: ‘‘SEC. 620L. LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA.
‘‘(a) LIMITATION.—Assistance may be provided under this Act to nongovernmental organizations for the West Bank and Gaza only during a period for which a certification described in section 620K(b) is in effect with respect to the Palestinian Authority. ‘‘(b) EXCEPTIONS.—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, nonviolence, 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 Act 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 Act 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
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