DetDeterminationG.W. Bush · R

Presidential Determination

Waiver of Restrictions on Providing Funds to the Palestinian Authority

President Bush waived restrictions in the 2004 Foreign Operations Appropriations Act to allow U.S. funds to flow to the Palestinian Authority's Ministry of Finance for budget support, certifying this as important to national security interests. The Secretary of State is directed to transmit the determination to Congress with a required report and publish it in the Federal Register.

Impact dates

  1. Publish determination in Federal Register

  2. Transmit determination to Congress with report per section 552(d)

Key directives

  • Waive section 552(a) restrictions on providing funds to Palestinian Authority
  • Provide appropriated funds to Ministry of Finance of Palestinian Authority for budget support
  • Transmit determination to Congress with report under section 552(d)
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon certification
  • Funds authorized for Palestinian Authority Ministry of Finance budget support

Near term (90d)

  • Secretary of State must transmit determination to Congress
  • Secretary of State must submit report per section 552(d)
  • Federal Register publication

Long term

  • Continued U.S. financial support for Palestinian governance structures
  • Potential influence on Palestinian institutional capacity and regional stability

Risks & tensions

  • Congressional oversight tensions: waiver overrides legislative restrictions on funding Palestinian Authority
  • Accountability risk: no explicit deadline for congressional report in text
  • Counterterrorism concerns: funds to Palestinian Authority historically contested due to security risks
  • Ambiguity: 'as carried forward, as amended' creates some uncertainty about exact statutory baseline
Presidential Determination: Waiver of Restrictions on Providing Funds to the Palestinian Authority · Executive Orders