[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4681 Referred in Senate (RFS)]
109th CONGRESS
2d Session
H. R. 4681
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 24, 2006
Received
May 25, 2006
Read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
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--
(1) to support a peaceful, two-state solution to end the
conflict between Israel and the Palestinians in accordance with
the Performance-Based Roadmap to a Permanent Two-State Solution
to the Israeli-Palestinian Conflict (commonly referred to as
the ``Roadmap'');
(2) to oppose those organizations, individuals, and
countries that support terrorism and violence;
(3) to urge members of the international community to avoid
contact with and refrain from financially supporting the
terrorist organization Hamas or a Hamas-controlled Palestinian
Authority until Hamas agrees to recognize Israel, renounce
violence, disarm, and accept prior agreements, including the
Roadmap;
(4) to promote the emergence of a democratic Palestinian
governing authority that--
(A) denounces and combats terrorism;
(B) has agreed to and is taking action to disarm
and dismantle any terrorist agency, network, or
facility;
(C) has agreed to work to eliminate anti-Israel and
anti-Semitic incitement and the commemoration of
terrorists in Palestinian society;
(D) has agreed to respect the sovereignty of its
neighbors;
(E) acknowledges, respects, and upholds the human
rights of all people;
(F) implements the rule of law, good governance,
and democratic practices, including conducting free,
fair, and transparent elections in compliance with
international standards;
(G) ensures institutional and financial
transparency and accountability; and
(H) has agreed to recognize the State of Israel as
an independent, sovereign, Jewish, democratic state;
and
(5) to continue to support assistance to the Palestinian
people.
(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.--Except as provided in subsection (e), assistance
may be provided under this Act 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 senior policy making position 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 by the Palestine
Liberation Organization and the Palestinian Authority
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 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) Exceptions.--
``(1) In general.--Subsection (a) shall not apply with
respect to the following:
``(A) Assistance to independent elections
commissions.--Assistance to any Palestinian independent
election commission if the President transmits to
Congress a certification that contains a determination
of the President that--
``(i) no member of such commission is a
member of, affiliated with, or appointed by a
foreign terrorist organization; and
``(ii) each member of such commission is
independent of the influence of any political
party or movement.
``(B) Assistance to support the middle east peace
process.--Assistance to the Office of the President of
the Palestinian Authority for non-security expenses
directly related to facilitating a peaceful resolution
of the Israeli-Palestinian conflict or for the personal
security detail of the President of the Palestinian
Authority if the President transmits to Congress a
certification that contains a determination of the
President that--
``(i) such assistance is critical to
facilitating a peaceful resolution of the
Israeli-Palestinian conflict;
``(ii) the President of the Palestinian
Authority is not a member of or affiliated with
a foreign terrorist organization and has
rejected the use of terrorism to resolve the
Israeli-Palestinian conflict;
``(iii) such assistance will not be used to
provide funds to any individual who is a member
of or affiliated with a foreign terrorist
organization or who has not rejected the use of
terrorism to resolve the Israeli-Palestinian
conflict; and
``(iv) such assistance will not be
retransferred to any other entity within or
outside of the Palestinian Authority except as
payment for legal goods or services rendered.
``(2) Additional requirements.--Assistance described in
paragraph (1) may be provided only if the President--
``(A) determines that the provision of such
assistance is important to the national security
interests of the United States; and
``(B) not less than 30 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.
``(f) 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) Applicability to Unexpended Funds.--Section 620K of the Foreign
Assistance Act of 1961, as added by subsection (b), applies with
respect to unexpended funds obligated for assistance under the Foreign
Assistance Act of 1961 to the Palestinian Authority before the date of
the enactment of this Act.
(d) 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 proposed procedures by which
United States assistance to the Palestinian Authority under the Foreign
Assistance Act of 1961 will be 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 and any recommendations for improvement of such procedures.
(e) Sense of Congress.--It is the sense of Congress that the
President should be guided by the principles and procedures described
in section 620K of the Foreign Assistance Act of 1961, as added by
subsection (b), in providing direct assistance to the Palestinian
Authority under any provision of law other than the Foreign Assistance
Act of 1961.
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.--Except as provided in subsection (d), assistance
may be provided under this Act 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) Marking Requirement.--Assistance provided under this Act to
nongovernmental organizations for the West Bank and Gaza shall be
marked as assistance from the Government of the United States unless
the Secretary of State or the Administrator of the United States Agency
for International Development determines that such marking will
endanger the lives or safety of persons delivering or receiving such
assistance or would have a material adverse effect on the
implementation of such assistance.
``(c) Congressional Notification.--Assistance made available under
this Act 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.
``(d) 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 directly 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 25 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) and an
explanation of how failure to provide the
proposed assistance would be inconsistent with
furthering the national security interests of
the United States.
``(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.''.
(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 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
assistance to nongovernmental organizations for the West Bank
or Gaza under the Foreign Assistance Act of 1961, 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 any fiscal
year for assistance to nongovernmental organizations for the
West Bank or Gaza under the Foreign Assistance Act of 1961 may
be made available for the purpose of recognizing or otherwise
honoring individuals or the families of 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 are conducted
to ensure, among other things, compliance with this
subsection.
(B) Audits by inspector general of usaid.--Of the
amounts available for any fiscal year for assistance to
nongovernmental organizations for the West Bank or Gaza
under the Foreign Assistance Act of 1961, 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.
(c) Sense of Congress.--It is the sense of Congress that the
President should be guided by the principles and procedures described
in section 620L of the Foreign Assistance Act of 1961, as added by
subsection (a), in providing assistance to nongovernmental
organizations for the West Bank and Gaza under any provision of law
other than the Foreign Assistance Act of 1961.
SEC. 4. UNITED NATIONS AGENCIES AND PROGRAMS.
(a) Review and Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the President shall--
(A) conduct an audit of the functions of the
entities specified in paragraph (2); and
(B) transmit to the appropriate congressional
committees a report containing recommendations for the
elimination of such entities and efforts that are
duplicative or fail to ensure balance in the approach
of the United Nations to Israeli-Palestinian issues.
(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 United States Permanent Representative
to the United Nations shall 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 the President certifies to
the Congress that such recommendations have been implemented,
the Secretary of State should 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.--
(1) Assessed contributions.--The Secretary of State should
withhold from United States contributions to the regular
assessed budget of the United Nations for a biennial period
amounts that are equal to the amounts of such budget that are
expended by any United Nations affiliated or specialized agency
for assistance directly to the Palestinian Authority.
(2) Voluntary contributions.--The Secretary of State shall
withhold from United States contributions to the voluntary
budget of the United Nations for a biennial period amounts that
are equal to the amounts of such budget that are expended by
any United Nations affiliated or specialized agency for
assistance directly to the Palestinian Authority.
(3) Definition.--For the purposes of this section, the term
``amounts of such budget that are expended by any United
Nations affiliated or specialized agency for assistance
directly to the Palestinian Authority'' does not include--
(A) amounts expended 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 in effect with respect to the
Palestinian Authority; or
(B) amounts expended for assistance of the type of
assistance described in section 104(c), 104A, 104B, or
104C of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b, 2151b-2, 2151b-3, or 2151b-4) and which would,
if provided by the Government of the United States, be
permitted under such sections, or under chapter 4 of
part II of such Act (22 U.S.C. 2346 et seq.) to carry
out the purposes of such sections, by reason of the
application of section 104(c)(4) of such Act.
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--
(1) 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 important to the national security interests of
the United States; or
(2) with respect to visas issued in connection with United
States obligations under the Act of August 4, 1947 (61 Stat.
756) (commonly known as the ``United Nations Headquarters
Agreement Act'').
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.
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),
including steps necessary to apply the policies and provisions
of subsection (a) to the Permanent Observer Mission of
Palestine to the United Nations.
(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).
(c) Waiver.--
(1) Authority.--The President may waive the application of
subsection (a) for a period of 180 days if the President
determines and certifies to the appropriate congressional
committees that such waiver--
(A) is vital to the national security interests of
the United States and provides an explanation of how
the failure to waive the application of subsection (a)
would be inconsistent with the vital national security
interests of the United States; and
(B) would further the achievement of the
requirements outlined in the certification described in
section 620K(b) of the Foreign Assistance Act of 1961
(as added by section 2(b)(2) of this Act).
(2) Renewal.--The President may renew the waiver described
in paragraph (1) for successive 180-day periods if the
President makes the determination and certification described
in such paragraph for each such period.
SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) United States Policy.--It shall be the policy of the United
States that the United States Executive Director at each international
financial institution shall use the voice, vote, and influence of the
United States to prohibit assistance to the Palestinian Authority
unless a certification described in subsection (b) is in effect with
respect to the Palestinian Authority.
(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 the requirements of paragraphs
(1), (2), and (3)(A), (B), (C), and (E) of section 620K(b) of the
Foreign Assistance Act of 1961 (as added by section 2(b)(2) of this
Act) are being met by the Palestinian Authority.
(c) 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.
It shall be the policy of the United States that no officer or
employee of the United States Government shall negotiate or have
substantive 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 Palestine
Liberation Organization 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).
Passed the House of Representatives May 23, 2006.
Attest:
KAREN L. HAAS,
Clerk.