[Congressional Record (Bound Edition), Volume 152 (2006), Part 9]
[Senate]
[Pages 12504-12506]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4542. Mr. FRIST (for Mr. McConnell (for himself and Mr. Biden)) 
proposed an amendment to the bill S. 2370, to promote the development 
of democratic institutions in areas under the administrative control of 
the Palestinian Authority, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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:

[[Page 12505]]

       ``(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

[[Page 12506]]

     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).

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