695 
(d) PUBLICATION.—A determination made under 
subsection (a) or a report submitted under subsection (c) 
shall be published in the Federal Register and made avail-
able on the Internet website of the Department of State. 
(e) LIST.—The Secretary shall include in the annual 
report required by section 9302 (relating to congressional 
budget justification) a list of governments for which deter-
minations under subsection (a) are currently in effect. 
(f) WAIVER.—Assistance prohibited by subsection (a) 
may be provided to a foreign government described in that 
subsection if, at least 15 days before providing assistance, 
the President submits to the appropriate congressional 
committees— 
(1) a certification that national security inter-
ests or humanitarian reasons justify a such a waiver; 
and 
(2) a report describing— 
(A) the type and amount of assistance to 
be provided pursuant to the waiver; 
(B) the justification for such waiver; and 
(C) the time period for which such waiver 
will be effective. 
(g) RESOLUTION OF DISAPPROVAL.— 
(1) IN
GENERAL.—A rescission under sub-
section (c)(2) or a waiver under subsection (f) of a 
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696 
determination under subsection (a) shall cease to be 
effective if Congress enacts a joint resolution dis-
approving the proposed rescission or waiver. 
(2) JOINT RESOLUTION DESCRIBED.—For the 
purposes of paragraph (1), the term ‘‘joint resolu-
tion’’ means only a joint resolution introduced not 
later than 45 days after the date of receipt of a re-
port under subsection (c)(2) or not later than 15 
days after receipt of a certification under subsection 
(f), as the case may be, the matter after the resolv-
ing clause of which is as follows: ‘‘That the proposed 
lllll submitted to Congress on lllll 
under section 10401 of the Global Partnerships Act 
of 2012 is hereby prohibited.’’, with the first blank 
space being filled with ‘‘rescission’’ or ‘‘waiver’’, as 
appropriate, and the second blank space being filled 
with the appropriate date. 
(3) CONGRESSIONAL
PROCEDURES.—A joint 
resolution described in paragraph (2) and introduced 
within the appropriate period shall be considered in 
the Senate and the House of Representatives in ac-
cordance with paragraphs (3) through (7) of section 
8066(c) of the Department of Defense Appropria-
tions Act, 1985 (as contained in Public Law 98– 
473), except that references in such paragraphs to 
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697 
the Committees on Appropriations of the House of 
Representatives and the Senate shall be deemed to 
be references to the Committee on Foreign Affairs 
of the House of Representatives and the Committee 
on Foreign Relations of the Senate, respectively. 
(h) DEFINITION.—In this section, the term ‘‘support 
for acts of international terrorism’’ includes— 
(1) expressly consenting to, or with knowledge, 
allowing, tolerating, or disregarding the recurring 
use of any part of the land, waters, or airspace of 
the country by a terrorist or terrorist organization— 
(A) to carry out terrorist activities, includ-
ing training, financing, and recruitment; or 
(B) as a transit point; 
(2) granting sanctuary from prosecution to any 
individual or group which has committed an act of 
international terrorism; or 
(3) willfully aiding or abetting— 
(A) the international proliferation of nu-
clear explosive devices to individuals or groups; 
(B) the acquisition by individuals or 
groups of unsafeguarded special nuclear mate-
rial; and 
(C) the efforts of an individual or group to 
use, develop, produce, stockpile, or otherwise 
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698 
acquire chemical, biological, or radiological 
weapons. 
SEC. 10402. PROHIBITION ON ASSISTANCE TO FOREIGN 
GOVERNMENTS SUPPORTING STATE SPON-
SORS OF TERRORISM. 
(a) IN GENERAL.—No foreign assistance may be pro-
vided to a foreign government which the Secretary deter-
mines provides assistance (other than humanitarian as-
sistance) to, or transfers lethal military equipment to, a 
state sponsor of terrorism. 
(b) APPLICABILITY.—The prohibition in subsection 
(a) shall apply only to assistance provided or transfers 
made after the date on which a government was des-
ignated as a state sponsor of terrorism. 
(c) EXPIRATION
OF DETERMINATIONS.—A deter-
mination of the Secretary under subsection (a) shall re-
main in effect until rescinded. 
(d) RESCISSION
OF DETERMINATIONS.—A deter-
mination of the Secretary under subsection (a) with re-
spect to a government may not be rescinded unless the 
President submits to the appropriate congressional com-
mittees a report certifying that— 
(1) the government has not provided assistance 
or transferred lethal military equipment to a state 
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699 
sponsor of terrorism during the preceding 12-month 
period; 
(2) there has been a fundamental change in the 
leadership and policies of the government; and 
(3) the government has provided assurances 
that it will not provide assistance or transfer lethal 
military equipment to a state sponsor of terrorism in 
the future. 
(e) PUBLICATION.—A determination made under 
subsection (a) and a report submitted under subsection 
(d) shall be published in the Federal Register and made 
available on the Internet website of the Department of 
State. 
(f) LIST.—The Secretary shall include in the annual 
report required by section 9302 (relating to congressional 
budget justification) a list of governments for which deter-
minations under subsection (a) are currently in effect. 
(g) WAIVER.—Assistance prohibited by subsection (a) 
may be provided to a government described in that sub-
section if, at least 15 days before providing assistance, the 
President submits to the appropriate congressional com-
mittees— 
(1) a certification that providing foreign assist-
ance to the government is important to the national 
interests of the United States; and 
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700 
(2) a report describing— 
(A) the type and amount of assistance to 
be provided pursuant to the waiver; 
(B) the justification for such waiver; and 
(C) the time period for which such waiver 
will be effective. 
SEC. 10403. PROHIBITION ON TRANSACTIONS WITH STATE 
SPONSORS OF TERRORISM. 
(a) PROHIBITED TRANSACTIONS
BY
THE UNITED 
STATES GOVERNMENT.—The following transactions by 
the United States Government are prohibited: 
(1) Exporting or otherwise providing (by sale, 
lease or loan, grant, or other means), directly or in-
directly, any munitions item to a country described 
in subsection (d) under the authority of this Act or 
any other law (except as provided in subsection (g)). 
In implementing this paragraph, the President— 
(A) shall suspend delivery to such country 
of any such item pursuant to any such trans-
action which has not been completed at the 
time the Secretary makes the determination de-
scribed in section 10401(a) with respect to the 
government of the country; and 
(B) shall terminate any lease or loan to 
such country of any such item which is in effect 
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701 
at the time the Secretary makes that deter-
mination. 
(2) Providing credits, guarantees, or other fi-
nancial assistance under the authority of this Act or 
any other law (except as provided in subsection (g)), 
with respect to the acquisition of any munitions item 
by a country described in subsection (d). In imple-
menting this paragraph, the President shall suspend 
expenditures pursuant to any such assistance obli-
gated before the Secretary makes the determination 
described in section 10401(a) with respect to the 
government of the country. The President may au-
thorize expenditures otherwise required to be sus-
pended pursuant to the preceding sentence if the 
President has determined, and reported to Congress, 
that suspension of those expenditures causes undue 
financial hardship to a supplier, shipper, or similar 
person and allowing the expenditure will not result 
in any munitions item being made available for use 
by such country. 
(3) Consenting under this Act, or under any 
other law (except as provided in subsection (g)), to 
any transfer of any munitions item to a country de-
scribed in subsection (d). In implementing this para-
graph, the President shall withdraw any such con-
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702 
sent, which is in effect at the time the Secretary 
makes the determination described in section 
10401(a) with respect to the government of the 
country, except that this sentence does not apply 
with respect to any item that has already been 
transferred to such country. 
(4) Providing any license or other approval 
under this Act for any export or other transfer (in-
cluding by means of a technical assistance agree-
ment, manufacturing licensing agreement, or co-
production agreement) of any munitions item to a 
country described in subsection (d). In implementing 
this paragraph, the President shall suspend any 
such license or other approval which is in effect at 
the time the Secretary makes the determination de-
scribed in section 10401(a) with respect to the gov-
ernment of the country, except that this sentence 
does not apply with respect to any item that has al-
ready been exported or otherwise transferred to such 
country. 
(5) Otherwise facilitating the acquisition of any 
munitions item by a state sponsor of terrorism. This 
paragraph applies with respect to activities under-
taken— 
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703 
(A) by any department, agency, or other 
instrumentality of the United States Govern-
ment; 
(B) by any officer or employee of the 
United States Government (including members 
of the United States Armed Forces); or 
(C) by any other person at the request or 
on behalf of the United States Government. 
The President may waive the requirements of the 
second sentence of paragraph (1), the second sen-
tence of paragraph (3), and the second sentence of 
paragraph (4) to the extent that the President deter-
mines, after consultation with Congress, that un-
usual and compelling circumstances require that the 
President not take the actions specified in that sen-
tence. 
(b) PROHIBITED TRANSACTIONS BY UNITED STATES 
PERSONS.— 
(1) IN GENERAL.—A United States person may 
not take any of the following actions: 
(A) Exporting any munitions item to any 
country described in subsection (d). 
(B) Selling, leasing, loaning, granting, or 
otherwise providing any munitions item to any 
country described in subsection (d). 
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704 
(C) Selling, leasing, loaning, granting, or 
otherwise providing any munitions item to any 
recipient which is not the government of or a 
person in a country described in subsection (d) 
if the United States person has reason to know 
that the munitions item will be made available 
to any country described in subsection (d). 
(D) Taking any other action which would 
facilitate the acquisition, directly or indirectly, 
of any munitions item by a state sponsor of ter-
rorism, or any person acting on behalf of that 
government, if the United States person has 
reason to know that action will facilitate the ac-
quisition of that item by such a government or 
person. 
(2) LIABILITY FOR ACTIONS OF FOREIGN SUB-
SIDIARIES, ETC.—A United States person violates 
this subsection if a corporation or other person that 
is controlled in fact by that United States person (as 
determined under regulations, which the President 
shall issue), takes an action described in paragraph 
(1) outside the United States. 
(3) APPLICABILITY TO ACTIONS OUTSIDE THE 
UNITED
STATES.—Paragraph (1) applies with re-
spect to actions described in that paragraph which 
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705 
are taken either within or outside the United States 
by a United States person described in subsection 
(k)(2)(A) or (B). To the extent provided in regula-
tions issued under subsection (k)(2)(D), paragraph 
(1) applies with respect to actions described in that 
paragraph which are taken outside the United 
States by a person designated as a United States 
person in those regulations. 
(c) TRANSFERS TO GOVERNMENTS AND PERSONS 
COVERED.—This section applies with respect to— 
(1) the acquisition of munitions items by a 
state sponsor of terrorism; and 
(2) the acquisition of munitions items by any 
individual, group, or other person within a country 
described in subsection (d), except to the extent that 
subparagraph (D) of subsection (b)(1) provides oth-
erwise. 
(d) COUNTRIES COVERED
BY PROHIBITION.—The 
prohibitions contained in this section apply with respect 
to any country that is the subject of a determination under 
section 10401(a), which has not been waived or rescinded. 
(e) PUBLICATION OF DETERMINATIONS.—Each de-
termination of the Secretary under subsection (d) shall be 
published in the Federal Register and made available on 
the Internet website of the Department of State. 
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706 
(f) WAIVER.— 
(1) IN
GENERAL.—The President may waive 
the prohibitions contained in this section with re-
spect to a specific transaction if— 
(A) the President determines that the 
transaction is essential to the national security 
interests of the United States; and 
(B) not less than 15 days prior to the pro-
posed transaction, the President— 
(i) consults with the Committee on 
Foreign Affairs of the House of Represent-
atives and the Committee on Foreign Rela-
tions of the Senate; and 
(ii) submits to the appropriate con-
gressional 
committees 
a 
report 
con-
taining— 
(I) the name of any country in-
volved in the proposed transaction, 
the identity of any recipient of the 
items to be provided pursuant to the 
proposed transaction, and the antici-
pated use of those items; 
(II) a description of the muni-
tions items involved in the proposed 
transaction (including their market 
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708 
(g) EXEMPTION FOR TRANSACTIONS SUBJECT TO 
NATIONAL
SECURITY
ACT
REPORTING
REQUIRE-
MENTS.—The prohibitions contained in this section do not 
apply with respect to any transaction subject to reporting 
requirements under title V of the National Security Act 
of 1947 (50 U.S.C. 413 et seq.; relating to congressional 
oversight of intelligence activities). 
(h) RELATION TO OTHER LAWS.— 
(1) IN GENERAL.—With regard to munitions 
items controlled pursuant to this Act, the provisions 
of this section shall apply notwithstanding any other 
provisions of law, other than section 10603. 
(2) WAIVER AUTHORITY.—If the authority of 
section 10603(a) is used to permit a transaction 
under this Act which is otherwise prohibited by this 
section, the written policy justification required by 
that section shall include the information specified in 
subsection (f)(2)(B) of this section. 
(i) CRIMINAL PENALTY.—Any person who willfully 
violates this section shall be fined for each violation not 
more than $1,000,000, imprisoned not more than 10 
years, or both. 
(j) CIVIL PENALTIES; ENFORCEMENT.—In the en-
forcement of this section, the President is authorized to 
exercise the same powers concerning violations and en-
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709 
forcement which are conferred upon departments, agen-
cies, and officials by sections 11(c), 11(e), 11(g), and 
12(a) of the Export Administration Act of 1979 (as con-
tinued in effect under the International Emergency Eco-
nomic Powers Act) (subject to the same terms and condi-
tions as are applicable to such powers under that Act), 
except that section 11(c)(2)(B) of such Act shall not 
apply, and instead, as prescribed in regulations issued 
under this section, the Secretary of State may assess civil 
penalties for violations of this Act and regulations pre-
scribed thereunder and further may commence a civil ac-
tion to recover such civil penalties, and except further 
that, notwithstanding section 11(c) of that Act, the civil 
penalty for each violation of this section may not exceed 
$500,000. 
(k) DEFINITIONS.—As used in this section— 
(1) the term ‘‘munitions item’’ means any item 
enumerated on the United States Munitions list 
(without regard to whether the item is imported into 
or exported from the United States); 
(2) the term ‘‘United States person’’ means— 
(A) any citizen or permanent resident alien 
of the United States; 
(B) any sole proprietorship, partnership, 
company, association, or corporation having its 
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710 
principal place of business within the United 
States or organized under the laws of the 
United States, any State, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Is-
lands, or any territory or possession of the 
United States; 
(C) any other person with respect to that 
person’s actions while in the United States; and 
(D) to the extent provided in regulations 
issued by the Secretary, any person that is not 
described in subparagraph (A), (B), or (C) 
but— 
(i) is a foreign subsidiary or affiliate 
of a United States person described in sub-
paragraph (B) and is controlled in fact by 
that United States person (as determined 
in accordance with those regulations), or 
(ii) is otherwise subject to the juris-
diction of the United States, 
with respect to that person’s actions while out-
side the United States; 
(3) the term ‘‘nuclear explosive device’’ has the 
meaning given that term in section 830(4) of the 
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711 
Nuclear Proliferation Prevention Act of 1994 (22 
U.S.C. 6305(4)); and 
(4) the term ‘‘unsafeguarded special nuclear 
material’’ has the meaning given that term in sec-
tion 830(8) of the Nuclear Proliferation Prevention 
Act of 1994 (22 U.S.C. 6305 (8)). 
SEC. 10404. TRANSACTIONS WITH COUNTRIES NOT FULLY 
COOPERATING 
WITH 
UNITED 
STATES 
COUNTERTERRORISM EFFORTS. 
(a) PROHIBITED TRANSACTIONS.—No defense article 
or defense service may be sold or licensed for export under 
this Act in a fiscal year to a foreign country whose govern-
ment the Secretary determines and certifies to Congress, 
by May 15 of the calendar year in which that fiscal year 
begins, is not cooperating fully with United States 
counterterrorism efforts. 
(b) WAIVER.—The President may waive the prohibi-
tion in subsection (a) with respect to a specific transaction 
if the President determines and reports to the appropriate 
congressional committees that the transaction is impor-
tant to the national interests of the United States. 
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712 
SEC. 10405. WITHHOLDING OF UNITED STATES PROPOR-
TIONATE SHARE FOR CERTAIN PROGRAMS 
OF INTERNATIONAL ORGANIZATIONS. 
(a) IN GENERAL.—No contributions by the United 
States shall be made to any international organization for 
the United States proportionate share for programs in 
countries determined to be state sponsors of terrorism in 
accordance with section 10401(a). 
(b) PROPORTIONATE SHARE.—The Secretary shall— 
(1) review, at least annually, the budgets and 
accounts of all international organizations receiving 
funds under this Act; and 
(2) report to the appropriate congressional com-
mittees the amounts of funds expended by each such 
organization for the purposes described in subsection 
(a) and the amount contributed by the United 
States to each such organization. 
(c) EXCEPTIONS.—The limitation in subsection (a) 
shall not apply to contributions to the International Atom-
ic Energy Agency or the United Nations Children’s Fund 
(UNICEF). 
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713 
Subchapter B—Middle East Provisions 
SEC. 10411. CONDITIONAL CONTRIBUTIONS TO CERTAIN 
INTERNATIONAL ORGANIZATIONS. 
(a) IN GENERAL.—No contributions by the United 
States shall be made to the United Nations Relief and 
Works Agency for Palestine Refugees in the Near East. 
(b) EXCEPTION.—The limitation in subsection (a) 
shall not apply if the Secretary determines and reports 
to the appropriate congressional committees that the 
United Nations Relief and Works Agency is taking all pos-
sible measures to assure that no part of the United States 
contribution shall be used to provide assistance to any ref-
ugee who is receiving military training as a member of 
any terrorist group or guerrilla-type organization or who 
has engaged in any act of terrorism. 
SEC. 10412. LIMITATION ON ASSISTANCE TO THE PALES-
TINIAN AUTHORITY. 
(a) LIMITATION.—Assistance may be provided under 
this Act to the Hamas-controlled Palestinian Authority 
only during a period for which a certification described 
in subsection (b) is in effect. 
(b) CERTIFICATION.—A certification described in 
subsection (a) is a certification transmitted by the Presi-
dent to Congress that contains a determination of the 
President that— 
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714 
(1) no ministry, agency, or instrumentality of 
the Palestinian Authority is effectively controlled by 
Hamas, unless the Hamas-controlled Palestinian Au-
thority has— 
(A) publicly acknowledged the Jewish state 
of Israel’s right to exist; and 
(B) committed itself and is adhering to all 
previous agreements and understandings with 
the United States Government, with the Gov-
ernment of Israel, and with the international 
community, including agreements and under-
standings pursuant to the Performance-Based 
Roadmap to a Permanent Two-State Solution 
to the Israeli-Palestinian Conflict (commonly 
referred to as the ‘‘Roadmap’’); and 
(2) the Hamas-controlled Palestinian Authority 
has made demonstrable progress toward— 
(A) completing the process of purging from 
its security services individuals with ties to ter-
rorism; 
(B) dismantling all terrorist infrastructure 
within its jurisdiction, confiscating unauthor-
ized weapons, arresting and bringing terrorists 
to justice, destroying unauthorized arms fac-
tories, thwarting and preempting terrorist at-
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715 
tacks, and fully cooperating with Israel’s secu-
rity services; 
(C) halting all anti-American and anti- 
Israel incitement in Palestinian Authority-con-
trolled electronic and print media and in 
schools, mosques, and other institutions it con-
trols, and replacing educational materials, in-
cluding textbooks, with materials that promote 
peace, tolerance, and coexistence with Israel; 
(D) ensuring democracy, the rule of law, 
and an independent judiciary, and adopting 
other reforms such as ensuring transparent and 
accountable governance; and 
(E) ensuring the financial transparency 
and accountability of all government ministries 
and operations. 
(c) RECERTIFICATIONS.—Not later than 90 days 
after the date on which the President transmits to Con-
gress an initial certification under subsection (b), and 
every six months thereafter— 
(1) the President shall transmit to Congress a 
recertification that the conditions described in sub-
section (b) are continuing to be met; or 
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716 
(2) if the President is unable to make such a 
recertification, the President shall transmit to Con-
gress a report that contains the reasons therefor. 
(d) 
CONGRESSIONAL
NOTIFICATION.—Assistance 
made available under this Act to the Palestinian Authority 
may not be provided until 15 days after the date on which 
the President has provided notice thereof to the appro-
priate congressional committees in accordance with the 
procedures applicable to reprogramming notifications 
under section 9401. 
(e) NATIONAL SECURITY WAIVER.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the President may waive subsection (a) with respect 
to— 
(A) the administrative and personal secu-
rity costs of the Office of the President of the 
Palestinian Authority; 
(B) the activities of the President of the 
Palestinian Authority to fulfill his or her duties 
as President, including to maintain control of 
the management and security of border cross-
ings, to foster the Middle East peace process, 
and to promote democracy and the rule of law; 
and 
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717 
(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 writ-
ten policy justification to, the appropriate con-
gressional committees; and 
(B) certifying to the appropriate congres-
sional committees that— 
(i) it is in the national security inter-
est of the United States to provide assist-
ance 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 ex-
ercising the waiver authority under paragraph (1), 
the President shall submit to the appropriate con-
gressional committees a report describing how the 
funds provided pursuant to such waiver will be spent 
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718 
and detailing the accounting procedures that are in 
place to ensure proper oversight and accountability. 
(4) TREATMENT OF CERTIFICATION AS NOTIFI-
CATION
OF
PROGRAM
CHANGE.—For purposes of 
this subsection, the certification required under 
paragraph (2)(B) shall be deemed to be a notifica-
tion under section 9401 and shall be considered in 
accordance with the procedures applicable to notifi-
cations submitted pursuant to that section. 
(f) DEFINITION.—In this section, the term ‘‘Pales-
tinian Authority’’ means the interim Palestinian adminis-
trative 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. 
SEC. 10413. 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 certifi-
cation described in section 10412(b) is in effect with re-
spect to the Palestinian Authority. 
(b) EXCEPTIONS.—Subsection (a) shall not apply 
with respect to the following: 
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(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 assist-
ance does not directly benefit Hamas or any other 
foreign terrorist organization. 
(3) ASSISTANCE FOR INDIVIDUAL MEMBERS OF 
THE PALESTINIAN LEGISLATIVE COUNCIL.—Assist-
ance, other than funding of salaries or salary supple-
ments, to individual members of the Palestinian 
Legislative Council who the President determines 
are not members of Hamas or any other foreign ter-
rorist organization, for the purposes of facilitating 
the attendance of such members in programs for the 
development of institutions of democratic govern-
ance, including enhancing the transparent and ac-
countable operations of such institutions, and pro-
viding support for the Middle East peace process. 
(4) OTHER TYPES OF ASSISTANCE.—Any other 
type of assistance if the President— 
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720 
(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 obli-
gation of amounts for the provision of such as-
sistance— 
(i) consults with the appropriate con-
gressional committees regarding the spe-
cific programs, projects, and activities to 
be carried out using such assistance; and 
(ii) submits to the appropriate con-
gressional committees a written memo-
randum 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 un-
less the Secretary of State or, as appropriate, the Admin-
istrator of the United States Agency for International De-
velopment, 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. 
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721 
(d) 
CONGRESSIONAL
NOTIFICATION.—Assistance 
made available under this Act to nongovernmental organi-
zations 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 appropriate congressional 
committees in accordance with the procedures applicable 
to reprogramming notifications under section 9401. 
SEC. 10414. PALESTINIAN STATEHOOD. 
(a) LIMITATION.—None of the funds made available 
under this Act may be provided to support a Palestinian 
state unless the Secretary determines and certifies to the 
appropriate congressional committees that— 
(1) the governing entity of a new Palestinian 
state— 
(A) has demonstrated a firm commitment 
to peaceful co-existence with the State of Israel; 
and 
(B) is taking appropriate measures to 
counter terrorism and terrorist financing in the 
West Bank and Gaza, including the dismantling 
of terrorist infrastructures, and is cooperating 
with appropriate Israeli and other appropriate 
security organizations; and 
(2) the Palestinian Authority (or the governing 
entity of a new Palestinian state) is working with 
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722 
other countries in the region to vigorously pursue ef-
forts to establish a just, lasting, and comprehensive 
peace in the Middle East that will enable Israel and 
an independent Palestinian state to exist within the 
context of full and normal relationships, which 
should include— 
(A) termination of all claims or states of 
belligerency; 
(B) respect for and acknowledgment of the 
sovereignty, territorial integrity, and political 
independence of every state in the area through 
measures including the establishment of demili-
tarized zones; 
(C) their right to live in peace within se-
cure and recognized boundaries free from 
threats or acts of force; 
(D) freedom of navigation through inter-
national waterways in the area; and 
(E) a framework for achieving a just set-
tlement of the refugee problem. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the governing entity should enact a constitution 
assuring the rule of law, an independent judiciary, and 
respect for human rights for its citizens, and should enact 
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775 
ment a claim for payment from funds made available 
under this Act for the purposes of furnishing assistance 
and who knows the claim to be false, fraudulent, or ficti-
tious or to cover a commodity or commodity-related service 
determined by the President to be ineligible for payment 
from funds made available under this Act, or who uses 
to support such claim any certification, statement, or 
entry on any contract, bill of lading, Government or com-
mercial invoice, or Government form, which such person 
knows, or in the exercise of prudent business management 
should know, to contain false, fraudulent, or fictitious in-
formation, or who uses or engages in any other fraudulent 
trick, scheme, or device for the purpose of securing or ob-
taining, or aiding to secure or obtain, for any person any 
benefit or payment from funds so made available under 
this Act in connection with the negotiation, procurement, 
award, or performance of a contract financed with funds 
so made available under this Act, and any person who en-
ters into an agreement, combination or conspiracy to do 
so— 
(1) shall pay to the United States an amount 
equal to 25 per centum of any amount thereby 
sought to be wrongfully secured or obtained but not 
actually received; 
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896 
berculosis (MDR–TB) and extensively drug resistant tu-
berculosis (XDR–TB). 
‘‘(g) ANNUAL REPORT.—The President shall submit 
an annual report to Congress that describes the impact 
of United States foreign assistance on efforts to control 
tuberculosis, including— 
‘‘(1) the number of tuberculosis cases diagnosed 
and the number of cases cured in countries receiving 
United States bilateral foreign assistance for tuber-
culosis control purposes; 
‘‘(2) a description of activities supported with 
United States tuberculosis resources in each coun-
try, including a description of how those activities 
specifically contribute to increasing the number of 
people diagnosed and treated for tuberculosis; 
‘‘(3) in each country receiving bilateral United 
States foreign assistance for tuberculosis control 
purposes, the percentage provided for direct tuber-
culosis services in countries receiving United States 
bilateral foreign assistance for tuberculosis control 
purposes; 
‘‘(4) a description of research efforts and clin-
ical trials to develop new tools to combat tuber-
culosis, including diagnostics, drugs, and vaccines 
supported by United States bilateral assistance; 
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