[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4681 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4681

 To promote the development of democratic institutions in areas under 
the administrative control of the Palestinian Authority, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 2006

Ms. Ros-Lehtinen (for herself, Mr. Lantos, Mr. Cantor, Mr. Chabot, Mr. 
 Ackerman, Mr. Engel, Mr. Pence, Mr. Weller, Ms. Harris, Mr. Burton of 
 Indiana, Mrs. McCarthy, Mr. Cardoza, Mr. Mack, Ms. Bean, Mr. Crowley, 
 Mr. Lynch, Mrs. Jo Ann Davis of Virginia, Mr. Chandler, Mr. Brown of 
South Carolina, Mr. McCaul of Texas, Mr. King of New York, Mr. Israel, 
  Ms. Berkley, Mr. Poe, Mr. Royce, Mrs. Blackburn, Mr. Tancredo, Mr. 
  Schiff, Mr. Sherman, and Mr. Nadler) introduced the following bill; 
which was referred to the Committee on International Relations, and in 
addition to the Committees on the Judiciary and Financial Services, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To promote the development of democratic institutions in areas under 
the administrative control of the Palestinian Authority, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Palestinian Anti-Terrorism Act of 
2006''.

SEC. 2. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.

    (a) Declaration of Policy.--It shall be the policy of the United 
States to promote the emergence of a democratic Palestinian governing 
authority that--
            (1) denounces and combats terrorism;
            (2) has agreed to and is taking action to disarm and 
        dismantle any terrorist agency, network, or facility;
            (3) has agreed to work to eliminate anti-Israel and anti-
        Semitic incitement and the commemoration of terrorists in 
        Palestinian society;
            (4) has agreed to respect the boundaries and sovereignty of 
        its neighbors;
            (5) acknowledges, respects, and upholds the human rights of 
        all people;
            (6) conducts free, fair, and transparent elections in 
        compliance with international standards;
            (7) ensures institutional and financial transparency and 
        accountability; and
            (8) has agreed to recognize the State of Israel as an 
        independent, sovereign, Jewish, democratic state.
    (b) Amendments.--Chapter 1 of part III of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2351 et seq.) is amended--
            (1) by redesignating the second section 620G (as added by 
        section 149 of Public Law 104-164 (110 Stat. 1436)) as section 
        620J; and
            (2) by adding at the end the following new section:

``SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.

    ``(a) Limitation.--Assistance may be provided under this Act or any 
other provision of law to the Palestinian Authority only during a 
period for which a certification described in subsection (b) is in 
effect.
    ``(b) Certification.--A certification described in this subsection 
is a certification transmitted by the President to Congress that 
contains a determination of the President that--
            ``(1) no ministry, agency, or instrumentality of the 
        Palestinian Authority is controlled by a foreign terrorist 
        organization and no member of a foreign terrorist organization 
        serves in a ministry, agency, or instrumentality of the 
        Palestinian Authority;
            ``(2) the Palestinian Authority has--
                    ``(A) publicly acknowledged Israel's right to exist 
                as a Jewish state; and
                    ``(B) recommitted itself and is adhering to all 
                previous agreements and understandings with the 
                Government of the United States, the Government of 
                Israel, and the international community, including 
                agreements and understandings pursuant to the 
                Performance-Based Roadmap to a Permanent Two-State 
                Solution to the Israeli-Palestinian Conflict (commonly 
                referred to as the `Roadmap'); and
            ``(3) the Palestinian Authority has taken effective steps 
        and made demonstrable progress toward--
                    ``(A) completing the process of purging from its 
                security services individuals with ties to terrorism;
                    ``(B) dismantling all terrorist infrastructure, 
                confiscating unauthorized weapons, arresting and 
                bringing terrorists to justice, destroying unauthorized 
                arms factories, thwarting and preempting terrorist 
                attacks, and fully cooperating with Israel's security 
                services;
                    ``(C) halting all anti-Israel incitement in 
                Palestinian Authority-controlled electronic and print 
                media and in schools, mosques, and other institutions 
                it controls, and replacing these materials, including 
                textbooks, with materials that promote tolerance, 
                peace, 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 Congress an initial certification 
under subsection (b), and every six months thereafter--
            ``(1) the President shall transmit to Congress a 
        recertification that the requirements contained in subsection 
        (b) are continuing to be met; or
            ``(2) if the President is unable to make such a 
        recertification, the President shall transmit to Congress a 
        report that contains the reasons therefor.
    ``(d) Congressional Notification.--Assistance made available under 
this Act or any other provision of law to the Palestinian Authority may 
not be provided until 15 days after the date on which the President has 
provided notice thereof to the Committee on International Relations and 
the Committee on Appropriations of the House of Representatives and to 
the Committee on Foreign Relations and the Committee on Appropriations 
of the Senate in accordance with the procedures applicable to 
reprogramming notifications under section 634A(a) of this Act.
    ``(e) Definitions.--In this section:
            ``(1) Foreign terrorist organization.--The term `foreign 
        terrorist organization' means an organization designated as a 
        foreign terrorist organization by the Secretary of State in 
        accordance with section 219(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1189(a)).
            ``(2) Palestinian authority.--The term `Palestinian 
        Authority' means the interim Palestinian administrative 
        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.''.
    (c) Report by Comptroller General.--Not later than 180 days after 
the date of the enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate congressional committees 
a report that contains a review of the extent to which United States 
assistance to the Palestinian Authority under the Foreign Assistance 
Act of 1961 or any other provision of law is properly audited by the 
Department of State, the United States Agency for International 
Development, and all other relevant departments and agencies of the 
Government of the United States.

SEC. 3. LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA.

    (a) Amendment.--Chapter 1 of part III of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2351 et seq.), as amended by section 2(b)(2) of this 
Act, is further amended by adding at the end the following new section:

``SEC. 620L. LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA.

    ``(a) Limitation.--Assistance may be provided under this Act or any 
other provision of law to nongovernmental organizations for the West 
Bank and Gaza only during a period for which a certification described 
in section 620K(b) of this Act is in effect with respect to the 
Palestinian Authority.
    ``(b) Exceptions.--Subsection (a) shall not apply with respect to 
the following:
            ``(1) Assistance to meet basic human health needs.--The 
        provision of food, water, medicine, sanitation services, or 
        other assistance to meet basic human health needs.
            ``(2) Other types of assistance.--The provision of any 
        other type of assistance if the President--
                    ``(A) determines that the provision of such 
                assistance will further the national security interests 
                of the United States; and
                    ``(B) not less than 45 days prior to the obligation 
                of amounts for the provision of such assistance--
                            ``(i) consults with the appropriate 
                        congressional committees regarding the specific 
                        programs, projects, and activities to be 
                        carried out using such assistance; and
                            ``(ii) submits to the appropriate 
                        congressional committees a written memorandum 
                        that contains the determination of the 
                        President under subparagraph (A).
            ``(3) Definition.--In this subsection, the term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on International Relations and 
                the Committee on Appropriations of the House of 
                Representatives; and
                    ``(B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
    ``(c) Marking Requirement.--Assistance provided under this Act or 
any other provision of law to nongovernmental organizations for the 
West Bank and Gaza shall be marked as assistance from the Government of 
the United States unless the Administrator of the United States Agency 
for International Development determines that such marking will 
endanger the lives or safety of persons delivering such assistance.
    ``(d) Congressional Notification.--Assistance made available under 
this Act or any other provision of law to nongovernmental organizations 
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 
Committee on International Relations and the Committee on 
Appropriations of the House of Representatives and to the Committee on 
Foreign Relations and the Committee on Appropriations of the Senate in 
accordance with the procedures applicable to reprogramming 
notifications under section 634A(a) of this Act.''.
    (b) Oversight and Related Requirements.--
            (1) Oversight.--For each of the fiscal years 2007 and 2008, 
        the Secretary of State shall certify to the appropriate 
        congressional committees not later than 30 days prior to the 
        initial obligation of amounts for assistance to nongovernmental 
        organizations for the West Bank or Gaza under the Foreign 
        Assistance Act of 1961 or any other provision of law that 
        procedures have been established to ensure that the Comptroller 
        General of the United States will have access to appropriate 
        United States financial information in order to review the use 
        of such assistance.
            (2) Vetting.--Prior to any obligation of amounts for each 
        of the fiscal years 2007 and 2008 for assistance to 
        nongovernmental organizations for the West Bank or Gaza under 
        the Foreign Assistance Act of 1961 or any other provision of 
        law, the Secretary of State shall take all appropriate steps to 
        ensure that such assistance is not provided to or through any 
        individual or entity that the Secretary knows, or has reason to 
        believe, advocates, plans, sponsors, engages in, or has engaged 
        in, terrorist activity. The Secretary shall, as appropriate, 
        establish procedures specifying the steps to be taken in 
        carrying out this paragraph and shall terminate assistance to 
        any individual or entity that the Secretary has determined 
        advocates, plans, sponsors, or engages in terrorist activity.
            (3) Prohibition.--No amounts made available for fiscal year 
        2007 or 2008 for assistance to nongovernmental organizations 
        for the West Bank or Gaza under the Foreign Assistance Act of 
        1961 or any other provision of law may be made available for 
        the purpose of recognizing or otherwise honoring individuals 
        who commit, or have committed, acts of terrorism.
            (4) Audits.--
                    (A) In general.--The Administrator of the United 
                States Agency for International Development shall 
                ensure that independent audits of all contractors and 
                grantees, and significant subcontractors and 
                subgrantees, that receive amounts for assistance to 
                nongovernmental organizations for the West Bank or Gaza 
                under the Foreign Assistance Act of 1961 or any other 
                provision of law, are conducted for each of the fiscal 
                years 2007 and 2008 to ensure, among other things, 
                compliance with this subsection.
                    (B) Audits by inspector general of usaid.--Of the 
                amounts available for each of the fiscal years 2007 and 
                2008 for assistance to nongovernmental organizations 
                for the West Bank or Gaza under the Foreign Assistance 
                Act of 1961 or any other provision of law, up to 
                $1,000,000 for each such fiscal year may be used by the 
                Office of the Inspector General of the United States 
                Agency for International Development for audits, 
                inspections, and other activities in furtherance of the 
                requirements of subparagraph (A). Such amounts are in 
                addition to amounts otherwise available for such 
                purposes.

SEC. 4. UNITED NATIONS AGENCIES AND PROGRAMS.

    (a) Department of State Review and Report.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of State shall--
                    (A) conduct an audit of the functions of the 
                entities specified in paragraph (2); and
                    (B) submit to the appropriate congressional 
                committees a report containing recommendations for the 
                elimination of such duplicative entities and efforts.
            (2) Entities specified.--The entities referred to in 
        paragraph (1) are the following:
                    (A) The United Nations Division for Palestinian 
                Rights.
                    (B) The Committee on the Exercise of the 
                Inalienable Rights of the Palestinian People.
                    (C) The United Nations Special Coordinator for the 
                Middle East Peace Process and Personal Representative 
                to the Palestine Liberation Organization and the 
                Palestinian Authority.
                    (D) The NGO Network on the Question of Palestine.
                    (E) The Special Committee to Investigate Israeli 
                Practices Affecting the Human Rights of the Palestinian 
                People and Other Arabs of the Occupied Territories.
                    (F) Any other entity the Secretary determines 
                results in duplicative efforts or funding or fails to 
                ensure balance in the approach to Israeli-Palestinian 
                issues.
    (b) Implementation of Recommendations by Permanent 
Representative.--
            (1) In general.--The President shall direct the United 
        States Permanent Representative to the United Nations to use 
        the voice, vote, and influence of the United States at the 
        United Nations to seek the implementation of the 
        recommendations contained in the report required under 
        subsection (a)(1)(B).
            (2) Withholding of funds.--Until such recommendations have 
        been implemented, the United States shall withhold from United 
        States contributions to the regular assessed budget of the 
        United Nations for a biennial period amounts that are 
        proportional to the percentage of such budget that are expended 
        for such entities.
    (c) GAO Audit.--The Comptroller General shall conduct an audit of 
the status of the implementation of the recommendations contained in 
the report required under subsection (a)(1)(B).
    (d) Withholding of Funds With Respect to the Palestinian 
Authority.--The United States shall withhold from United States 
contributions to the regular assessed budget of the United Nations for 
a biennial period amounts that are proportional to the percentage of 
such budget that are expended for any United Nations affiliated or 
specialized agency that provides assistance directly to the Palestinian 
Authority during any period for which a certification described in 
section 620K(b) of the Foreign Assistance Act of 1961 (as added by 
section 2(b)(2) of this Act) is not in effect with respect to the 
Palestinian Authority.

SEC. 5. DESIGNATION OF TERRITORY CONTROLLED BY THE PALESTINIAN 
              AUTHORITY AS TERRORIST SANCTUARY.

    It is the sense of Congress that, during any period for which a 
certification described in section 620K(b) of the Foreign Assistance 
Act of 1961 (as added by section 2(b)(2) of this Act) is not in effect 
with respect to the Palestinian Authority, the territory controlled by 
the Palestinian Authority should be deemed to be in use as a sanctuary 
for terrorists or terrorist organizations for purposes of section 
6(j)(5) of the Export Administration Act of 1979 (50 U.S.C. App. 
2405(j)(5)) and section 140 of the Foreign Relations Authorization Act, 
Fiscal Years 1988 and 1989 (22 U.S.C. 2656f).

SEC. 6. DENIAL OF VISAS FOR OFFICIALS OF THE PALESTINIAN AUTHORITY.

    (a) In General.--A visa shall not be issued to any alien who is an 
official of, affiliated with, or serving as a representative of the 
Palestinian Authority during any period for which a certification 
described in section 620K(b) of the Foreign Assistance Act of 1961 (as 
added by section 2(b)(2) of this Act) is not in effect with respect to 
the Palestinian Authority.
    (b) Waiver.--Subsection (a) shall not apply if the President 
determines and certifies to the appropriate congressional committees, 
on a case-by-case basis, that the issuance of a visa to an alien 
described in such subsection is vital to the national security 
interests of the United States.

SEC. 7. TRAVEL RESTRICTIONS ON OFFICIALS AND REPRESENTATIVES OF THE 
              PALESTINIAN AUTHORITY AND THE PALESTINE LIBERATION 
              ORGANIZATION STATIONED AT THE UNITED NATIONS IN NEW YORK 
              CITY.

    Notwithstanding any other provision of law, the President shall 
restrict the travel of officials and representatives of the Palestinian 
Authority and of the Palestine Liberation Organization who are 
stationed at the United Nations in New York City to a 25-mile radius of 
the United Nations headquarters building during any period for which a 
certification described in section 620K(b) of the Foreign Assistance 
Act of 1961 (as added by section 2(b)(2) of this Act) is not in effect 
with respect to the Palestinian Authority.

SEC. 8. PROHIBITION ON PALESTINIAN AUTHORITY REPRESENTATION IN THE 
              UNITED STATES.

    (a) Prohibition.--Notwithstanding any other provision of law, it 
shall be unlawful to establish or maintain an office, headquarters, 
premises, or other facilities or establishments within the jurisdiction 
of the United States at the behest or direction of, or with funds 
provided by, the Palestinian Authority or the Palestine Liberation 
Organization during any period for which a certification described in 
section 620K(b) of the Foreign Assistance Act of 1961 (as added by 
section 2(b)(2) of this Act) is not in effect with respect to the 
Palestinian Authority.
    (b) Enforcement.--
            (1) Attorney general.--The Attorney General shall take the 
        necessary steps and institute the necessary legal action to 
        effectuate the policies and provisions of subsection (a).
            (2) Relief.--Any district court of the United States for a 
        district in which a violation of subsection (a) occurs shall 
        have authority, upon petition of relief by the Attorney 
        General, to grant injunctive and such other equitable relief as 
        it shall deem necessary to enforce the provisions of subsection 
        (a).

SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS.

    (a) Requirement.--The President shall direct the United States 
Executive Director at each international financial institution to use 
the voice, vote, and influence of the United States to prohibit 
assistance to the Palestinian Authority during any period for which a 
certification described in section 620K(b) of the Foreign Assistance of 
1961 (as added by section 2(b)(2) of this Act) is not in effect with 
respect to the Palestinian Authority.
    (b) Definition.--In this section, the term ``international 
financial institution'' has the meaning given the term in section 
1701(c)(2) of the International Financial Institutions Act.

SEC. 10. DIPLOMATIC CONTACTS WITH PALESTINIAN TERROR ORGANIZATIONS.

    No funds authorized or available to the Department of State or any 
other United States Government agency may be used for or by any officer 
or employee of the United States Government to negotiate, attend 
official meetings, or have official contacts with members or official 
representatives of Hamas, Palestinian Islamic Jihad, the Popular Front 
for the Liberation of Palestine, al-Aqsa Martyrs Brigade, or any other 
Palestinian terrorist organization, unless and until such 
organization--
            (1) recognizes Israel's right to exist;
            (2) renounces the use of terrorism;
            (3) dismantles the infrastructure necessary to carry out 
        terrorist acts, including the disarming of militias and the 
        elimination of all instruments of terror; and
            (4) recognizes and accepts all previous agreements and 
        understandings between the State of Israel and the Palestinian 
        Authority.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on International Relations and 
                the Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) Palestinian authority.--The term ``Palestinian 
        Authority'' has the meaning given the term in section 
        620K(e)(2) of the Foreign Assistance Act of 1961 (as added by 
        section 2(b)(2) of this Act).
                                 <all>