[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2370 Engrossed in Senate (ES)]
109th CONGRESS
2d Session
S. 2370
_______________________________________________________________________
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 violently reject a two-
state solution to end the Israeli-Palestinian conflict;
(3) to promote the rule of law, democracy, the cessation of
terrorism and incitement, and good governance in institutions
and territories controlled by the Palestinian Authority; and
(4) to urge members of the international community to avoid
contact with and refrain from supporting the terrorist
organization Hamas until it agrees to recognize Israel,
renounce violence, disarm, and accept prior agreements,
including the Roadmap.
(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 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 President to Congress that
contains a determination of the President that--
``(1) no ministry, agency, or instrumentality of the
Palestinian Authority is effectively controlled by Hamas,
unless the Hamas-controlled Palestinian Authority 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 Government of Israel, and
with 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
``(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 terrorism;
``(B) dismantling all terrorist infrastructure
within its jurisdiction, 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-American and anti-Israel
incitement in Palestinian Authority-controlled
electronic and print media and in schools, mosques, and
other institutions it controls, and replacing
educational materials, including 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 Congress 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 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 appropriate congressional committees in accordance with the
procedures applicable to reprogramming notifications under section
634A(a) of this Act.
``(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 security
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 crossings, to foster
the Middle East peace process, and to promote democracy
and the rule of law; and
``(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 written
policy justification to, the appropriate congressional
committees; and
``(B) certifying to the appropriate congressional
committees that--
``(i) it is in the national security
interest of the United States to provide
assistance 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 exercising the
waiver authority under paragraph (1), the President shall
submit to the appropriate congressional committees a report
describing how the funds provided pursuant to such waiver will
be spent and detailing the accounting procedures that are in
place to ensure proper oversight and accountability.
``(4) Treatment of certification as notification of program
change.--For purposes of this subsection, the certification
required under paragraph (2)(B) shall be deemed to be a
notification under section 634A and shall be considered in
accordance with the procedures applicable to notifications
submitted pursuant to that section.
``(f) Definitions.--In this section:
``(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) 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)).
``(3) 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) Previously Obligated Funds.--The provisions of section 620K of
the Foreign Assistance Act of 1961, as added by subsection (b), shall
be applicable to the unexpended balances of funds obligated prior to
the date of the enactment of this Act.
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), 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 to
nongovernmental organizations for the West Bank and Gaza only during a
period for which a certification described in section 620K(b) 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 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 co-existence, provided
that such assistance does not directly benefit Hamas or any
other foreign terrorist organization.
``(3) Assistance for individual members of the palestinian
legislative council.--Assistance, other than funding of
salaries or salary supplements, to individual members of the
Palestinian Legislative Council who the President determines
are not members of Hamas or any other foreign terrorist
organization, for the purposes of facilitating the attendance
of such members in programs for the development of institutions
of democratic governance, including enhancing the transparent
and accountable operations of such institutions, and providing
support for the Middle East peace process.
``(4) Other types of assistance.--Any other type of
assistance if the President--
``(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 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).
``(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 unless the Secretary of State or, as appropriate, 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 or would have an adverse
effect on the implementation of that assistance.
``(d) 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.
``(e) Definitions.--In this section:
``(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) 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)).''.
(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 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, 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 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 Federal or non-Federal 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 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, 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. 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. 5. DENIAL OF VISAS FOR OFFICIALS OF THE PALESTINIAN AUTHORITY.
(a) In General.--Except as provided in subsection (b), a visa
should not be issued to any alien who is an official of, under the
control of, or serving as a representative of the Hamas-led 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) Exception.--The restriction under subsection (a) should not
apply to--
(1) the President of the Palestinian Authority and his or
her personal representatives, provided that the President and
his or her personal representatives are not affiliated with
Hamas or any other foreign terrorist organization; and
(2) members of the Palestinian Legislative Council who are
not members of Hamas or any other foreign terrorist
organization.
SEC. 6. TRAVEL RESTRICTIONS ON OFFICIALS AND REPRESENTATIVES OF THE
PALESTINIAN AUTHORITY AND THE PALESTINE LIBERATION
ORGANIZATION STATIONED AT THE UNITED NATIONS IN NEW YORK
CITY.
(a) In General.--Notwithstanding any other provision of law, and
except as provided in subsection (b), the President should 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.
(b) Exception.--The travel restrictions described in subsection (a)
should not apply to the President of the Palestinian Authority and his
or her personal representatives, provided that the President and his or
her personal representatives are not affiliated with Hamas or any other
foreign terrorist organization.
SEC. 7. 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 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).
(c) Waiver.--Subsection (a) shall not apply if the President
determines and certifies to the appropriate congressional committees
that the establishment or maintenance of an office, headquarters,
premises, or other facilities is vital to the national security
interests of the United States.
SEC. 8. INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Requirement.--The President should 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 (other than assistance
described under subsection (b)) 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) Exceptions.--The prohibition on assistance described in
subsection (a) should not apply with respect to the following types of
assistance:
(1) Assistance to meet food, water, medicine, or sanitation
needs, or other assistance to meet basic human needs.
(2) Assistance to promote democracy, human rights, freedom
of the press, non-violence, reconciliation, and peaceful co-
existence, provided that such assistance does not directly
benefit Hamas or other foreign terrorist organizations.
(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 (22 U.S.C.
262r(c)(2)).
SEC. 9. DIPLOMATIC CONTACTS WITH PALESTINIAN TERROR ORGANIZATIONS.
No funds authorized or available to the Department of State may be
used for or by any officer or employee of the United States Government
to negotiate 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 (except in emergency or humanitarian situations), unless
and until such organization--
(1) recognizes Israel's right to exist;
(2) renounces the use of terrorism;
(3) dismantles the infrastructure in areas within its
jurisdiction 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. 10. ISRAELI-PALESTINIAN PEACE, RECONCILIATION AND DEMOCRACY FUND.
(a) Establishment of Fund.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of State shall establish a
fund to be known as the ``Israeli-Palestinian Peace, Reconciliation and
Democracy Fund'' (in this section referred to as the ``Fund''). The
purpose of the Fund shall be to support, primarily, through Palestinian
and Israeli organizations, the promotion of democracy, human rights,
freedom of the press, and non-violence among Palestinians, and peaceful
coexistence and reconciliation between Israelis and Palestinians.
(b) Annual Report.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter for so long as the Fund
remains in existence, the Secretary of State shall submit to the
appropriate congressional committees a report on programs sponsored and
proposed to be sponsored by the Fund.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State $20,000,000 for fiscal year 2007
for purposes of the Fund.
SEC. 11. REPORTING REQUIREMENT.
Not later than 90 days after the date of the enactment of this Act,
and annually thereafter, the Secretary of State shall submit to the
appropriate congressional committees a report that--
(1) describes the steps that have been taken by the United
States Government to ensure that other countries and
international organizations, including multilateral development
banks, do not provide direct assistance to the Palestinian
Authority for 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; and
(2) identifies any countries and international
organizations, including multilateral development banks, that
are providing direct assistance to the Palestinian Authority
during such a period, and describes the nature and amount of
such assistance.
SEC. 12. 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 Senate June 23, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 2370
_______________________________________________________________________
AN ACT
To promote the development of democratic institutions in areas under
the administrative control of the Palestinian Authority, and for other
purposes.