Short title

This Act may be cited as the

Palestinian Anti-Terrorism Act Amendments of 2007

Limitation on assistance to the Palestinian Authority

(a)

Amendment

Section 620K of the Foreign Assistance Act of 1961 (22 U.S.C. 2378b) is amended to read as follows:

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 appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. (e)

Exception

(1)

Assistance to support the middle east peace process

Subsection (a) shall not apply with respect to 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 if the President transmits to Congress a certification that contains a determination of the President that— (A)such assistance is critical to facilitating a peaceful resolution of the Israeli-Palestinian conflict; (B)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; (C)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 (D)such assistance will not be retransferred to any other entity within or outside of the Palestinian Authority. (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). (f)

Definitions

In this section: (1)

Appropriate congressional committees

The term appropriate congressional committees means— (A)the Committee on Foreign Affairs 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.

(b)

Applicability to Unexpended Funds

Section 620K of the Foreign Assistance Act of 1961, as amended by subsection (a), 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. (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 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. (d)

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 amended by subsection (a), in providing direct assistance to the Palestinian Authority under any provision of law other than the Foreign Assistance Act of 1961.

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 President 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 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 of the United States 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 shall 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 amended by section 2(a) 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.

Designation of territory controlled by the Palestinian Authority as terrorist sanctuary

(a)

Statement of policy

During any period for which a certification described in section 620K(b) of the Foreign Assistance Act of 1961 (as amended by section 2(a) of this Act) is not in effect with respect to the Palestinian Authority, it shall be the policy of the United States to designate the territory controlled by the Palestinian Authority 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). (b)

Repeal

Section 4 of the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446; 22 U.S.C. 2378b note) is hereby repealed.

Denial of visas for officials of the Palestinian Authority

(a)

In General

Except as provided in subsection (b), 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 amended by section 2(a) of this Act) is not in effect with respect to the Palestinian Authority. (b)

Exceptions

The restriction under 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). (c)

Repeal

Section 5 of the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446; 22 U.S.C. 2378b note) is hereby repealed.

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

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 amended by section 2(a) of this Act) is not in effect with respect to the Palestinian Authority. (b)

Repeal

Section 6 of the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446; 22 U.S.C. 2378b note) is hereby repealed.

Prohibition on Palestinian Authority and Palestine Liberation Organization representation in the United States

(a)

Prohibition

Subsection (a) of section 7 of the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446; 22 U.S.C. 2378b note) is amended by inserting or the Palestine Liberation Organization after Palestinian Authority. (b)

Enforcement

Subsection (b)(1) of such section is amended by adding at the end before the period the following , including steps necessary to apply the policies and provisions of subsection (a) to the Permanent Observer Mission of Palestine to the United Nations. (c)

Waiver

Subsection (c) of such section is amended to read as follows:

(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 and amended by section 2(a) of the Palestinian Anti-Terrorism Act Amendments of 2007). (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.

(d)

Conforming amendment

The heading for such section is amended by inserting

and Palestine Liberation Organization

after

Palestinian Authority

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 the appropriate congressional committees 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 amended by section 2(a) 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. (d)

Repeal

Section 8 of the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446; 22 U.S.C. 2378b note) is hereby repealed.

Diplomatic contacts with Palestinian terror organizations

Section 9 of the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446; 22 U.S.C. 2378b note) is amended— (1)in the matter preceding paragraph (1), by inserting or have substantive contacts after negotiate; and (2)in paragraph (4), by inserting and the Palestine Liberation Organization after State of Israel.

10.

Definitions

In this Act: (1)

Appropriate congressional committees

Palestinian authority

The term Palestinian Authority has the meaning given the term in section 620K(f)(3) of the Foreign Assistance Act of 1961 (as amended by section 2(a) of this Act).