165 
(c) PROHIBITION.— 
(1) RECOGNITION OF ACTS OF TERRORISM.— 
None of the funds appropriated under titles III 
through VI of this Act for assistance under the West 
Bank and Gaza Program may be made available 
for— 
(A) the purpose of recognizing or otherwise 
honoring individuals who commit, or have com-
mitted acts of terrorism; and 
(B) any educational institution located in 
the West Bank or Gaza that is named after an 
individual who the Secretary of State deter-
mines has committed an act of terrorism. 
(2) SECURITY ASSISTANCE AND REPORTING RE-
QUIREMENT.—Notwithstanding any other provision 
of law, none of the funds made available by this or 
prior appropriations Acts, including funds made 
available by transfer, may be made available for obli-
gation for security assistance for the West Bank and 
Gaza until the Secretary of State reports to the 
Committees on Appropriations on the benchmarks 
that have been established for security assistance for 
the West Bank and Gaza and reports on the extent 
of Palestinian compliance with such benchmarks. 
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166 
(d) OVERSIGHT BY THE UNITED STATES AGENCY 
FOR INTERNATIONAL DEVELOPMENT.— 
(1) The Administrator of the United States 
Agency for International Development shall ensure 
that Federal or non-Federal audits of all contractors 
and grantees, and significant subcontractors and 
sub-grantees, under the West Bank and Gaza Pro-
gram, are conducted at least on an annual basis to 
ensure, among other things, compliance with this 
section. 
(2) Of the funds appropriated by this Act, up 
to $1,000,000 may be used by the Office of Inspec-
tor General of the United States Agency for Inter-
national Development for audits, investigations, and 
other activities in furtherance of the requirements of 
this subsection: Provided, That such funds are in ad-
dition to funds otherwise available for such pur-
poses. 
(e) COMPTROLLER
GENERAL
OF
THE
UNITED 
STATES AUDIT.—Subsequent to the certification specified 
in subsection (a), the Comptroller General of the United 
States shall conduct an audit and an investigation of the 
treatment, handling, and uses of all funds for the bilateral 
West Bank and Gaza Program, including all funds pro-
vided as cash transfer assistance, in fiscal year 2022 
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under the heading ‘‘Economic Support Fund’’, and such 
audit shall address— 
(1) the extent to which such Program complies 
with the requirements of subsections (b) and (c); 
and 
(2) an examination of all programs, projects, 
and activities carried out under such Program, in-
cluding both obligations and expenditures. 
(f) 
NOTIFICATION
PROCEDURES.—Funds 
made 
available in this Act for West Bank and Gaza shall be 
subject to the regular notification procedures of the Com-
mittees on Appropriations. 
LIMITATION ON ASSISTANCE FOR THE PALESTINIAN 
AUTHORITY 
SEC. 7040. (a) PROHIBITION OF FUNDS.—None of 
the funds appropriated by this Act to carry out the provi-
sions of chapter 4 of part II of the Foreign Assistance 
Act of 1961 may be obligated or expended with respect 
to providing funds to the Palestinian Authority. 
(b) WAIVER.—The prohibition included in subsection 
(a) shall not apply if the President certifies in writing to 
the Speaker of the House of Representatives, the Presi-
dent pro tempore of the Senate, and the Committees on 
Appropriations that waiving such prohibition is important 
to the national security interest of the United States. 
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168 
(c) PERIOD
OF APPLICATION
OF WAIVER.—Any 
waiver pursuant to subsection (b) shall be effective for no 
more than a period of 6 months at a time and shall not 
apply beyond 12 months after the enactment of this Act. 
(d) REPORT.—Whenever the waiver authority pursu-
ant to subsection (b) is exercised, the President shall sub-
mit a report to the Committees on Appropriations detail-
ing the justification for the waiver, the purposes for which 
the funds will be spent, and the accounting procedures in 
place to ensure that the funds are properly disbursed: Pro-
vided, That the report shall also detail the steps the Pales-
tinian Authority has taken to arrest terrorists, confiscate 
weapons and dismantle the terrorist infrastructure. 
(e) CERTIFICATION.—If the President exercises the 
waiver authority under subsection (b), the Secretary of 
State must certify and report to the Committees on Ap-
propriations prior to the obligation of funds that the Pal-
estinian Authority has established a single treasury ac-
count for all Palestinian Authority financing and all fi-
nancing mechanisms flow through this account, no parallel 
financing mechanisms exist outside of the Palestinian Au-
thority treasury account, and there is a single comprehen-
sive civil service roster and payroll, and the Palestinian 
Authority is acting to counter incitement of violence 
against Israelis and is supporting activities aimed at pro-
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moting peace, coexistence, and security cooperation with 
Israel. 
(f) PROHIBITION TO HAMAS AND THE PALESTINE 
LIBERATION ORGANIZATION.— 
(1) None of the funds appropriated in titles III 
through VI of this Act may be obligated for salaries 
of personnel of the Palestinian Authority located in 
Gaza or may be obligated or expended for assistance 
to Hamas or any entity effectively controlled by 
Hamas, any power-sharing government of which 
Hamas is a member, or that results from an agree-
ment with Hamas and over which Hamas exercises 
undue influence. 
(2) Notwithstanding the limitation of paragraph 
(1), assistance may be provided to a power-sharing 
government only if the President certifies and re-
ports to the Committees on Appropriations that such 
government, including all of its ministers or such 
equivalent, has publicly accepted and is complying 
with the principles contained in section 620K(b)(1) 
(A) and (B) of the Foreign Assistance Act of 1961, 
as amended. 
(3) The President may exercise the authority in 
section 620K(e) of the Foreign Assistance Act of 
1961, as added by the Palestinian Anti-Terrorism 
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170 
Act of 2006 (Public Law 109–446) with respect to 
this subsection. 
(4) Whenever the certification pursuant to 
paragraph (2) is exercised, the Secretary of State 
shall submit a report to the Committees on Appro-
priations within 120 days of the certification and 
every quarter thereafter on whether such govern-
ment, including all of its ministers or such equiva-
lent are continuing to comply with the principles 
contained in section 620K(b)(1) (A) and (B) of the 
Foreign Assistance Act of 1961, as amended: Pro-
vided, That the report shall also detail the amount, 
purposes and delivery mechanisms for any assistance 
provided pursuant to the abovementioned certifi-
cation and a full accounting of any direct support of 
such government. 
(5) None of the funds appropriated under titles 
III through VI of this Act may be obligated for as-
sistance for the Palestine Liberation Organization. 
MIDDLE EAST AND NORTH AFRICA 
SEC. 7041. (a) EGYPT.— 
(1) CERTIFICATION AND REPORT.—Funds ap-
propriated by this Act that are available for assist-
ance for Egypt may be made available notwith-
standing any other provision of law restricting as-
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171 
sistance for Egypt, except for this subsection and 
section 620M of the Foreign Assistance Act of 1961, 
and may only be made available for assistance for 
the Government of Egypt if the Secretary of State 
certifies and reports to the Committees on Appro-
priations that such government is— 
(A) sustaining the strategic relationship 
with the United States; and 
(B) meeting its obligations under the 1979 
Egypt-Israel Peace Treaty. 
(2) ECONOMIC SUPPORT FUND.—Of the funds 
appropriated by this Act under the heading ‘‘Eco-
nomic Support Fund’’, not less than $125,000,000 
shall be made available for assistance for Egypt, of 
which $40,000,000 should be made available for 
higher education programs, including not less than 
$15,000,000 for scholarships for Egyptian students 
with high financial need to attend not-for-profit in-
stitutions of higher education in Egypt that are cur-
rently accredited by a regional accrediting agency 
recognized by the United States Department of Edu-
cation, or meets standards equivalent to those re-
quired for United States institutional accreditation 
by a regional accrediting agency recognized by such 
Department: Provided, That such funds shall be 
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made available for democracy programs, and for de-
velopment programs in the Sinai: Provided further, 
That such funds may not be made available for cash 
transfer assistance or budget support unless the Sec-
retary of State certifies and reports to the appro-
priate congressional committees that the Govern-
ment of Egypt is taking consistent and effective 
steps to stabilize the economy and implement mar-
ket-based economic reforms. 
(3) 
FOREIGN
MILITARY
FINANCING
PRO-
GRAM.— 
(A) CERTIFICATION.—Of the funds appro-
priated by this Act under the heading ‘‘Foreign 
Military Financing Program’’, $1,300,000,000, 
to remain available until September 30, 2023, 
should be made available for assistance for 
Egypt: Provided, That such funds may be 
transferred to an interest bearing account in 
the Federal Reserve Bank of New York, fol-
lowing consultation with the Committees on Ap-
propriations, and the uses of any interest 
earned on such funds shall be subject to the 
regular notification procedures of the Commit-
tees on Appropriations: Provided further, That 
$150,000,000 of such funds shall be withheld 
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from obligation until the Secretary of State cer-
tifies and reports to the Committees on Appro-
priations that the Government of Egypt is tak-
ing sustained and effective steps to— 
(i) strengthen the rule of law, demo-
cratic institutions, and human rights in 
Egypt, including to protect religious mi-
norities and the rights of women, which 
are in addition to steps taken during the 
previous calendar year for such purposes; 
(ii) implement reforms that protect 
freedoms of expression, association, and 
peaceful assembly, including the ability of 
civil society organizations, human rights 
defenders, and the media to function with-
out interference; 
(iii) hold Egyptian security forces ac-
countable, including officers credibly al-
leged to have violated human rights; 
(iv) investigate and prosecute cases of 
extrajudicial killings and forced disappear-
ances; 
(v) provide regular access for United 
States officials to monitor such assistance 
in areas where the assistance is used; and 
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(vi) prevent the intimidation and har-
assment of American citizens: 
Provided further, That the certification require-
ment of this paragraph shall not apply to funds 
appropriated by this Act under such heading 
for counterterrorism, border security, and non-
proliferation programs for Egypt. 
(B) WAIVER.—The Secretary of State may 
waive the certification requirement in subpara-
graph (A) if the Secretary determines and re-
ports to the Committees on Appropriations that 
to do so is important to the national security 
interest of the United States, and submits a re-
port to such Committees containing a detailed 
justification for the use of such waiver and the 
reasons why any of the requirements of sub-
paragraph (A) cannot be met: Provided, That 
the report required by this paragraph shall be 
submitted in unclassified form, but may be ac-
companied by a classified annex. 
(C) In addition to the funds withheld pur-
suant to subparagraph (A)— 
(i) $135,000,000 of the funds made 
available pursuant to this paragraph shall 
be withheld from obligation until the Sec-
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