723 
other laws and regulations assuring transparent and ac-
countable governance. 
(c) WAIVER.—The President may waive the limita-
tion on assistance in subsection (a) if the President deter-
mines and reports to Congress that it is important to the 
national security interests of the United States to do so. 
(d) EXEMPTION.—The limitation in subsection (a) 
shall not apply to assistance intended to help reform the 
Palestinian Authority and affiliated institutions, or the 
governing entity, in order to help meet the requirements 
of subsection (a), consistent with the provisions of section 
10418. 
SEC. 10415. RESTRICTIONS CONCERNING THE PALESTINIAN 
AUTHORITY. 
(a) IN GENERAL.—None of the funds made available 
under this Act may be provided to create in any part of 
Jerusalem a new office of any department or agency of 
the United States Government for the purpose of con-
ducting official United States Government business with 
the Palestinian Authority over Gaza and Jericho or any 
successor Palestinian governing entity provided for in the 
Israel-PLO Declaration of Principles. 
(b) EXCEPTION.—The restriction in subsection (a) 
shall not apply to the acquisition of additional space for 
the existing Consulate General in Jerusalem. 
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(c) MEETING LOCATION.—Meetings between officers 
and employees of the United States and officials of the 
Palestinian Authority, or any successor Palestinian gov-
erning entity provided for in the Israel-PLO Declaration 
of Principles, for the purpose of conducting official United 
States Government business with such authority should 
continue to take place in locations other than Jerusalem. 
(d) INCIDENTAL
DISCUSSIONS.—Consistent with 
past practices, officers and employees of the United States 
Government may continue to meet in Jerusalem on other 
subjects with Palestinians (including those who now oc-
cupy positions in the Palestinian Authority), have social 
contacts, and have incidental discussions. 
SEC. 10416. PROHIBITION ON ASSISTANCE TO THE PALES-
TINIAN BROADCASTING CORPORATION. 
None of the funds made available under this Act may 
be made available to provide equipment, technical support, 
consulting services, or any other form of assistance to the 
Palestinian Broadcasting Corporation. 
SEC. 10417. ASSISTANCE FOR THE WEST BANK AND GAZA. 
(a) OVERSIGHT.—The Secretary shall ensure that 
procedures have been established to assure the Comp-
troller General of the United States has access to appro-
priate United States financial information in order to re-
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725 
view the uses of United States assistance for the West 
Bank and Gaza. 
(b) VETTING.— 
(1) IN GENERAL.—The Secretary shall take all 
appropriate steps to ensure that assistance for the 
West Bank and Gaza is not provided to or through 
any individual, private or government entity, or edu-
cational institution that the Secretary knows or has 
reason to believe advocates, plans, sponsors, engages 
in, or has engaged in, terrorist activity nor, with re-
spect to private entities or educational institutions, 
those that have as a principal officer of the entity’s 
governing board or governing board of trustees any 
individual that has been determined to be involved 
in, or advocating terrorist activity or determined to 
be a member of a designated foreign terrorist orga-
nization. 
(2) PROCEDURES.—The Secretary shall, as ap-
propriate, establish procedures specifying the steps 
to be taken in carrying out this subsection and shall 
terminate assistance to any individual, entity, or 
educational institution which the Secretary has de-
termined to be involved in or advocating terrorist ac-
tivity. 
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(c) PROHIBITION.—None of the funds made available 
under this Act for assistance to the West Bank and Gaza 
may be made available for the purpose of recognizing or 
otherwise honoring individuals who commit, or have com-
mitted acts of terrorism. 
(d) BENCHMARKS.—Before providing assistance to 
the West Bank and Gaza for a fiscal year, the Secretary 
shall report to the appropriate congressional committees 
on the benchmarks that have been established for security 
assistance for the West Bank and Gaza and the extent 
of Palestinian compliance with such benchmarks. 
(e) AUDITS.— 
(1) IN GENERAL.—The Administrator shall en-
sure that Federal or non-Federal audits of all con-
tractors and grantees, and significant subcontractors 
and sub-grantees, under the West Bank and Gaza 
Program, are conducted at least on an annual basis 
to ensure, among other things, compliance with this 
section. 
(2) AUDITS, INSPECTIONS, AND OTHER ACTIVI-
TIES.—Of amounts made available in a fiscal year 
for the Office of Inspector General of the United 
States Agency for International Development, up to 
$500,000 may be used for audits, inspections, and 
other activities in furtherance of the requirements of 
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727 
this subsection, in addition to funds otherwise avail-
able for such purposes. 
SEC. 10418. LIMITATION ON ASSISTANCE TO THE PALES-
TINIAN AUTHORITY. 
(a) LIMITATION.—None of the funds made available 
under section 4103 may be provided to the Palestinian Au-
thority. 
(b) WAIVER.—The prohibition in subsection (a) shall 
not apply if the President certifies in writing to the Speak-
er of the House of Representatives, the President pro tem-
pore of the Senate, and the appropriate congressional com-
mittees that waiving such prohibition is important to the 
national security interests of the United States. 
(c) PERIOD OF WAIVER.—Any waiver issued pursu-
ant to subsection (b) shall be effective for no more than 
a period of 6 months. 
(d) REPORT.—Whenever the waiver authority pursu-
ant to subsection (b) is exercised, the President shall sub-
mit to the appropriate congressional committees a report 
detailing— 
(1) the justification for the waiver; 
(2) the purposes for which the funds will be 
spent; 
(3) the accounting procedures in place to en-
sure that the funds are properly disbursed; and 
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(4) the steps the Palestinian Authority has 
taken to arrest terrorists, confiscate weapons, and 
dismantle the terrorist infrastructure. 
(e) CERTIFICATION.—If the waiver authority pursu-
ant to subsection (b) is exercised, the Secretary shall cer-
tify and report to the appropriate congressional commit-
tees, before providing assistance to the Palestinian Au-
thority, that— 
(1) the Palestinian Authority has established a 
single treasury account for all Palestinian Authority 
financing; 
(2) all financing mechanisms flow through such 
account; 
(3) no parallel financing mechanisms exist out-
side of such account; and 
(4) there is a single comprehensive civil service 
roster and payroll. 
(f) PROHIBITION ON ASSISTANCE TO HAMAS AND 
THE PALESTINE LIBERATION ORGANIZATION.— 
(1) IN
GENERAL.—None of the funds made 
available under this Act may be provided for— 
(A) salaries of personnel of the Palestinian 
Authority located in Gaza; 
(B) assistance to Hamas or any entity ef-
fectively controlled by Hamas; or 
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(C) any power-sharing government of 
which Hamas is a member, or that results from 
an agreement with Hamas and over which 
Hamas exercises undue influence. 
(2) EXCEPTION.—Notwithstanding paragraph 
(1), assistance may be provided to a power-sharing 
government only if the President certifies and re-
ports to the appropriate congressional committees 
that such government, including all of its ministers 
or such equivalent, has publicly accepted and is com-
plying with the principles contained in subpara-
graphs (A) and (B) of section 10412(b)(1). 
(3) NATIONAL SECURITY WAIVER.—The Presi-
dent may exercise the authority in section 10412(e) 
with respect to this subsection. 
(4) REPORT.—Whenever the certification pur-
suant to paragraph (2) is exercised, the Secretary 
shall submit to the appropriate congressional com-
mittees a report not later than 120 days after the 
date of the certification and every quarter thereafter 
on— 
(A) whether such government, including all 
of its ministers or such equivalent are con-
tinuing to comply with the principles contained 
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in subparagraph (A) and (B) of section 
10412(b)(1); 
(B) the amount, purposes and delivery 
mechanisms for any assistance provided pursu-
ant to the certification; and 
(C) a full accounting of any direct support 
of such government. 
(5) LIMITATION ON ASSISTANCE TO THE PLO.— 
None of the funds made available under this Act 
may be used to provide assistance for the Palestine 
Liberation Organization. 
SEC. 10419. LIMITATION RELATING TO PALESTINIAN STA-
TUS IN THE UNITED NATIONS. 
(a) LIMITATION.—None of the funds made available 
under section 4103 may be used to provide assistance for 
the Palestinian Authority if the Palestinians obtain, after 
the date of the enactment of this Act, the same standing 
as member states, enhanced observer status, or full mem-
bership as a state in the United Nations or any specialized 
agency thereof outside an agreement negotiated between 
Israel and the Palestinians. 
(b) WAIVER BY SECRETARY.—The Secretary may 
waive the limitation in subsection (a) if the Secretary cer-
tifies to the appropriate congressional committees that to 
do so is in the national security interest of the United 
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States and submits to the appropriate congressional com-
mittees a report detailing how the waiver and the continu-
ation of assistance would assist in furthering Middle East 
peace. 
(c) WAIVERS BY PRESIDENT.— 
(1) IN
GENERAL.—The President may waive 
the provisions of section 1003 of the Anti-Terrorism 
Act of 1987 (22 U.S.C. 5202) if the President deter-
mines and certifies in writing to the Speaker of the 
House of Representatives, the President pro tempore 
of the Senate, and the appropriate congressional 
committees that the Palestinians have not, after the 
date of the enactment of this Act, obtained in the 
United Nations or any specialized agency thereof the 
same standing as member states, enhanced observer 
status, or full membership as a state in the United 
Nations or any specialized agency thereof outside an 
agreement negotiated between Israel and the Pal-
estinians. 
(2) ADDITIONAL
WAIVER.—Not less than 90 
days after the President is unable to make the cer-
tification pursuant to paragraph (1), the President 
may waive section 1003 of the Anti-Terrorism Act 
of 1987 if the President determines and certifies in 
writing to the Speaker of the House of Representa-
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tives, the President pro tempore of the Senate, and 
the appropriate congressional committees that the 
Palestinians have entered into direct and meaningful 
negotiations with Israel relating to Palestinian state-
hood. 
(3) EXPIRATION
OF
OTHER
WAIVERS.—Any 
waiver of the provisions of section 1003 of the Anti- 
Terrorism Act of 1987 under paragraph (1) or 
under previous provisions of law must expire before 
a waiver under paragraph (2) may be exercised. 
(4) EFFECTIVE DATE.—Any waiver of the pro-
visions of section 1003 of the Anti-Terrorism Act of 
1987 pursuant to paragraph (1) or (2) shall be ef-
fective for not more than a period of 6 months. 
CHAPTER 5—TRADE AND COMMERCE 
SEC. 10501. PROHIBITION ON ASSISTANCE FOR EXPORTING 
UNITED STATES JOBS. 
(a) INCENTIVES AND INDUCEMENTS.—No foreign as-
sistance may be made available to provide any financial 
incentive to a business enterprise located in the United 
States for the purpose of inducing such enterprise to relo-
cate outside the United States, if such incentive or induce-
ment is likely to reduce the number of employees of such 
business enterprise in the United States because United 
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