1.This Act may be cited as the
Palestinian Anti-Terrorism Act of 2006
.
2. Limitation on
assistance to the Palestinian Authority
(a)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
financially supporting the terrorist organization Hamas until it agrees to
recognize Israel, renounce violence, disarm, and accept prior agreements,
including the Roadmap.
(b)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:
620K. Limitation on
assistance to the Palestinian Authority
(a)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)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 effectively controlled by Hamas, unless Hamas
has—
(A)publicly
acknowledged Israel’s right to exist as a Jewish state; 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 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)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
notificationAssistance 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)
(1)The
President may waive the limitation in subsection (a) with respect to the
administrative and personal security costs of the Office of President of the
Palestinian Authority and for activities of the President of the Palestinian
Authority to promote democracy and the rule of law if the President certifies
and reports to the appropriate congressional committees that—
(A)it is in the
national security interests of the United States to provide such assistance;
and
(B)the President of
the Palestinian Authority and the President's party are not affiliated with
Hamas or any other foreign terrorist organization.
(2)The President shall consult with the appropriate
congressional committees prior to making a certification under paragraph
(1).
(f)In
this section:
(1)Appropriate
congressional committees definedThe 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 organizationThe
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)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 fundsThe 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.
3.Limitation on
assistance for the West Bank and Gaza
(a)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:
620L.Limitation on
assistance for the West Bank and Gaza
(a)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)Subsection (a) shall not apply with respect
to the following:
(1)Assistance to
meet basic human needsAssistance to meet food, water, medicine,
or sanitation needs, or other assistance to meet basic human needs.
(2)Assistance to
promote democracyAssistance 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.
(3)Other types of
assistanceAny 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).
(4)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)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 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 a significant
adverse effect on the implementation of that assistance.
(d)Congressional
notificationAssistance 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.
.
(b)Oversight and
related requirements
(1)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)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)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)
(A)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 usaidOf
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.
4.Designation of
territory controlled by the Palestinian Authority as terrorist
sanctuaryIt 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).
5.Denial of visas
for officials of the Palestinian AuthorityA visa should not be issued to any alien who
is an official of, affiliated with, or serving as a representative of the
Palestinian Authority, other than 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, 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.
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)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)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.
7.Prohibition on
Palestinian Authority representation in the United States
(a)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)
(1)The Attorney General shall take the necessary steps and
institute the necessary legal action to effectuate the policies and provisions
of subsection (a).
(2)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)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.
8.International
financial institutions
(a)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)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)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)).
9.Diplomatic contacts
with Palestinian terror organizationsNo 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.
10.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.
11.In this Act:
(1)Appropriate
congressional committeesThe
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)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).