Thread by @braunold

Today the Administration restarted various lines of assistance to the Palestinian People. There is a lot of confusion even amongst those who follow this closely of what this was, and what laws they follow. state.gov/the-united-sta…

Easiest way to break this up is into four buckets. 1) COVID heal through humanitarian assistance (IDA) 2) Economic Support Funds (ESF), the traditional bilateral assistance programs 3) Security assistance (INCLE) 4) UNRWA from Migration and Refugee Assistance programs (MRA)

Buckets 1 and 4 (IDA and MRA) are large accounts that the admin controls that are restricted for either disaster assistance or migration. Trump gave $5 mill in IDA and Biden gave $15 million. UNRWA gets MRA as one of the few entities that can receive it.

Neither IDA or MRA were or are subject to the Taylor Force Act (TFA) or the Anti Terrorism Clarification Act issues (ATCA) that was amended in 2020 anyway. UNRWA received $150 million today which is roughly the % for their general operating that the US traditionally supports.

Admin also restarted the traditional USAID mission in WB and Gaza with bucket 2 and 3 (ESF and INCLE). Both of these funds were subject to ATCA until 2020 and ESF is still subject to TFA.

Congress hard earmarked for FY2020 $75 million in ESF and $75 million in INCLE meaning that the admin HAD to spend this money or issue a recession bill or violate the 1974 Budget Impoundment Act.

ESF is two year money which meant this money had to be spent by end of September or is disappears, INCLE is no year money meaning there is not the same time pressure.

For ESF to be spent it must not directly benefit the PA to be in line with TFA. The only exceptions to this are the East Jslm Hospital payments (paying the PA bills) $25 mill cap, wastewater $5 mill cap and vaccinations $500k

Note vaccinations done through IDA don’t count. So what does directly benefit the PA mean? Congress asks the State department to issue a definition. In 2018 State did so jewishinsider.com/2018/05/after-… and there are reportedly four aspects to the definition

a) Whether the Palestinian Authority is the direct recipient of the assistance.

b) Whether the assistance involves payment to Palestinian Authority creditors.

c) The extent of ownership or control the Palestinian Authority exerts over an entity or individual that is the primary beneficiary or end user of the assistance.

d) Whether the assistance or services provided directly replace assistance or services provided by the Palestinian Authority.

The announcement today is clear that all the ESF assistance doesn’t violate these criteria therefore are TFA compliant.

So the Admin has done what Congress has asked it to do re ESF and INCLE, has fulfilled a campaign pledge with UNRWA in MRA and pushing its global COVID response. There is nothing nefarious or wrong or objectionable legally to any of this.

Lastly there is also $10 million in Conflict Management and Mitigation grants that go to p2p out of a separate line in ESF. This is essential to rebuild the field in anticipation of the Middle East Partnership for Peace Act (MEPPA) which comes online in December.