[House Report 109-462]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-462
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
PALESTINIAN ANTI-TERRORISM ACT OF 2006
_______
May 11, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hyde, from the Committee on International Relations, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 4681]
[Including cost estimate of the Congressional Budget Office]
The Committee on International Relations, to whom was
referred the bill (H.R. 4681) to promote the development of
democratic institutions in areas under the administrative
control of the Palestinian Authority, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SEC. 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 such recommendations have
been implemented, the Secretary of State is authorized to
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.--
The Secretary of State is authorized to 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 any United Nations affiliated or
specialized agency that provides assistance directly to 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.
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).
(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 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.
(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
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) 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).
Purpose and Summary
H.R. 4681, the ``Palestinian Anti-Terrorism Act of 2006,''
as reported by the Committee on International Relations, both
demonstrates Congress's disapproval of the policies of the new
Hamas-dominated government of the Palestinian Authority and
prevents United States taxpayer funds from supporting Hamas.
H.R. 4681 sets out clear criteria which the Palestinian
Authority must meet before it may receive funds pursuant to the
Foreign Assistance Act, and restricts United States Government
funding under that Act for nongovernmental organizations,
preventing them from, in effect, supporting the Palestinian
Authority indirectly. Once the Palestinian Authority has
credibly demonstrated that it has changed course, assistance to
it and to nongovernmental organizations in the West Bank and
Gaza may resume flowing without significant restrictions
imposed under H.R. 4681.
The bill also includes language intended to restrict
funding for the Palestinian Authority through other mechanisms,
such as the international financial institutions, and to
restrict the presence of the Palestinian Authority or the
Palestinian Liberation Organization in the United States.
Background and Need for the Legislation
The United States has provided, albeit with restrictions,
hundreds of millions of dollars in assistance to the
Palestinian people since the beginning of the Oslo process.
Because of the problematic nature of the government of the
Palestinian Authority, in particular its corruption and its
weak adherence to its commitments to cooperate with Israel in
the security realm, relatively little funding has been given
directly to the Palestinian Authority. Rather, the bulk of the
funding has gone to Palestinian nongovernmental organizations
or through non-Palestinian based contractors or grantees of the
United States Agency for International Development (USAID).
During Fiscal Years 2005 and 2006, the United States took
the following actions to support the Palestinians and the
Palestinian Authority financially: (1) Congress provided for
$75 million in Economic Support Funds (ESF) for the United
States Agency of International Development's West Bank and Gaza
program in the 2005 Consolidated Appropriations Act (P.L. 108-
447); 2) Congress appropriated $200 million in supplemental ESF
in the Fiscal Year 2005 Iraq Supplemental Appropriations Act
(P.L. 109-13); and 3) in the FY2006 Foreign Operations
Appropriations Act (P.L. 109-102), Congress provided $150
million in ESF for the West Bank and Gaza Strip.
After Mahmud Abbas (``Abu Mazen'') became Prime Minister of
the Palestinian Authority and, later, when he became President
of the Authority after the death of Palestinian leader Yasir
Arafat, the United States began to provide more funds directly
to the Palestinian Authority. This new direction was an attempt
to assist, and to be seen to be assisting, the Palestinian
Authority as it came out from under the domination of Arafat,
and to encourage it to fully live up to its commitments and to
govern properly.
Direct United States funding for the Palestinian Authority
amounted to $41 million in 1993-94. There was no direct funding
from that time until 2003, when $20 million was provided for
Palestinian Authority infrastructure projects. In December,
2004, $20 million was used to pay overdue Palestinian utility
bills owed to Israeli companies. In May, 2005, an additional
$50 million as transferred to the Palestinian Authority, using
a waiver, to improve roads, schools, health clinics, and water
facilities. The direct aid was aimed to help ease the
transition after Israel withdrew from Gaza. (The United States
Government has since sought the return of these funds because
of the Administration's cut-off of assistance, and as of April
2006, $30 million has been returned. The State Department has
said that it will continue to seek the return of the
remainder.) In addition, $2.3 million was used to by the United
States Security Coordinator to provide non-lethal assistance
(vehicles, riot gear, and basic provisions) to security forces
under the command of the Palestinian Authority's Interior
Ministry
Hamas, the Arabic acronym for the ``Islamic Resistance
Movement,'' is a terrorist organization responsible for the
deaths of many innocent Israelis (of various religions and
ethnicities) and Americans. It also acts in the political
sphere and carries on welfare activities in support of its
larger aim of remaking the Palestinian Authority as an Islamic
state and destroying Israel.
The House has long been on record as opposing the
participation of Hamas in the Palestinian government. On
December 16, 2005, by a vote of 397-17, with seven voting
``present,'' the House passed House Resolution 575, asserting
that ``the inclusion of Hamas, or any other terrorist group on
the State Department list of foreign terrorist organizations,
into the Palestinian governing structure will inevitably raise
serious policy considerations for the United States,
potentially undermining the continued ability of the United
States to provide financial assistance and conduct normal
relations with the Palestinian Authority.''
Hamas subsequently won a significant majority of the seats
(although only a plurality of votes cast) in the Palestinian
elections in January of 2006.
In February, 2006, the Senate and the House passed Senate
Concurrent Resolution 79, expressing, in clear and simple
language, the sense of Congress that no United States
assistance should be provided directly to the Palestinian
Authority if any representative political party holding a
majority of parliamentary seats within it maintains a position
calling for the destruction of Israel.
Representative Ileana Ros-Lehtinen introduced H.R. 4681,
the ``Palestinian Anti-Terrorism Act of 2006'' on February 1,
2006. This bill was referred to the House International
Relations Committee. On April 6, 2006, the Committee considered
the bill and ordered it reported favorably, with an amendment
in the nature of a substitute.
Hearings
During recent years, the Committee on International
Relations held the following hearings regarding the
Palestinians or the Middle East peace process: March 2, 2006,
United States Policy Toward the Palestinians in the Aftermath
of Parliamentary Elections; February 10, 2005, The Way Forward
in the Middle East Peace Process; and June 11, 2003, The Middle
East Peace Process at a Crossroads.
The Subcommittee on the Middle East and Central Asia held
hearings on the same topics as follows: March 8, 2006:
Palestinian Authority Elections: Implications for Peace,
Regional Security, and U.S. Assistance; September 21, 2005: The
Middle East Peace Process and U.S. Strategic Priorities Post-
Disengagement; and March 9, 2005: U.S. Policy Toward the
Palestinians in the Post-Arafat Era.
In addition, on May 25, 2005, the Committee received Mr.
Mahmud Abbas, President of the Palestinian Authority. On May
15, 2003, a classified briefing was given to Members by the
Honorable William J. Burns, Assistant Secretary, Bureau of Near
Eastern Affairs, Department of State.
Under the auspices of the Subcommittee on the Middle East
and Central Asia or its Chair, meetings or briefings have been
held with His Excellency Natan Sharansky, Minister for
Jerusalem and Diaspora Affairs of the State of Israel (February
9, 2005); the Honorable William J. Burns, Assistant Secretary,
Bureau of Near Eastern Affairs, U.S. Department of State (March
16, 2004, November 6, 2003, May 13, 2003, and February 13,
2003); and Ambassador Marc Otte, the European Union's Special
Representative for the Middle East Peace Process (March 10,
2004).
Committee Consideration
On April 6, 2006, the Committee on International Relations
met in open session and ordered favorably reported the bill,
H.R. 4681, as amended, by a vote of 36-2, a quorum being
present.
Vote(s) of the Committee
Clause (3)(b) of rule XIII of the Rules of the House of
Representatives requires that the results of each record vote
on an amendment or motion to report, together with the names of
those voting for or against, be printed in the Committee
Report.
A motion to report H.R. 4681, as amended, favorably to the
House was agreed to by a record vote of 36 ayes to 2 noes.
Voting yes: Hyde, Smith (NJ), Burton, Gallegly, Ros-
Lehtinen, Rohrabacher, Royce, Chabot, Tancredo, Issa, Flake,
Green, Weller, McCotter, Harris, Wilson, Boozman, Barrett,
Fortenberry, McCaul, Poe, Lantos, Berman, Ackerman,
Faleomavaega, Sherman, Wexler, Engel, Meeks, Crowley, Berkley,
Schiff, Smith (WA), Chandler, Cardoza, and Carnahan.
Voting no: Blumenauer and McCollum.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
May 4, 2006.
Hon. Henry J. Hyde,
Chairman, Committee on International Relations,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4681, the
Palestine Anti-Terrorism Act of 2006.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sam
Papenfuss.
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
H.R. 4681--Palestine Anti-Terrorism Act of 2006
H.R. 4681 would impose restrictions on aid provided to the
Palestinian Authority (PA) and impose other restrictions on
activity by the PA and its officials in the United States. CBO
estimates that implementing H.R. 4681 would have no significant
budgetary impact because the Administration has effectively
implemented the provisions in the bill. CBO estimates that the
bill would not affect direct spending or receipts. H.R. 4681
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would not
affect the budgets of state, local, or tribal governments.
Section 2 would prohibit the United States from providing
aid to the PA unless the President has certified that:
No elements of the PA have any ties to
terrorist organizations,
The PA has publicly recognized Israel's
right to exist as a Jewish state,
The PA is recognizing and following previous
agreements with respect to establishing peace between
Israel and the PA,
The PA is working to eliminate terrorism in
its jurisdiction, and
The PA is moving towards a more transparent
and accountable government.
The prohibition would not apply to support for independent
elections commissions and the Middle East peace process.
Section 3 would allow aid to the West Bank or Gaza only if
such aid promotes the national security interests of the United
States and for basic human health needs, such as water, food,
medicine, or sanitation. According to the Department of State,
this humanitarian aid will total about $250 million in 2006
(from funds already appropriated), though aid for future years
is uncertain.
Section 4 would authorize the Secretary of State to
withhold, in part, U.S. contributions to the assessed budget of
the United Nations (UN) under the following conditions:
The UN fails to implement recommendations
from an audit of its approach to Israeli-Palestinian
issues, or
UN specialized or affiliated agencies
provide direct assistance to the PA.
Based on information from the Department of State, CBO does
not expect that these conditions would be met. Consequently,
the department would continue to make contributions. (Enacting
the bill could result in direct spending savings if the
department does withhold contributions after the appropriation
of funds for that purpose, because it would affect outlays from
funds already appropriated. However, CBO believes that action
would be unlikely.)
The CBO staff contact is Sam Papenfuss. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Performance Goals and Objectives
This bill will have accomplished its principle goals if it
results either in a change in the policies of the Palestinian
Authority or the withholding of direct United States assistance
to it (except as specifically provided).
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, of the Constitution.
Section-by-Section Analysis
Section-by-section Analysis of the Amendment in the Nature
of a Substitute adopted by the Committee on International
Relations:
Section 1 provides a short title for the bill.
Section 2(a) contains a declaration of policy. According to
the 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 ``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 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.
It is the view of the Committee that funding levels for
assistance to the Palestinian people should be maintained, or
even increased, given their needs, in coming years.
Section 2(b) redesignates an improperly designated
provision added to the Foreign Assistance Act during the 104th
Congress and adds a new section 620K of the Foreign Assistance
Act entitled ``Limitation on Assistance to the Palestinian
Authority.'' The remainder of the analysis of this subsection
consists of an analysis of new section 620K.
Under subsection (a) (of new section 620K), except as
provided in subsection (e), assistance under the Foreign
Assistance Act may be provided to the Palestinian Authority
only during a period for which a certification under subsection
(b) (a ``certification'') is in effect.
It should be noted that the section speaks in a mandatory
sense only to assistance under the Foreign Assistance Act and
only to direct assistance to the Palestinian Authority (as
defined in section 620K). However, it is the sense of Congress,
as noted in Subsection (e) of section 2, that the President
should be guided by the principles and procedures described in
section 620K of the Foreign Assistance Act, as added by
subsection (b) of section 2, in providing direct assistance to
the Palestinian Authority under any provision of law other than
the Foreign Assistance Act of 1961.
In addition, it should be noted that all of the special
authorities of the Foreign Assistance Act apply, including the
provisions providing that assistance to protect human health
may be provided even if assistance would otherwise be
prohibited (section 104 of the Act). For example, the Committee
did not include a specific exception to permit direct
assistance to the Palestinian Authority to help it deal with
avian flu: sufficient authority for such assistance is already
included in the Foreign Assistance Act.
Subsection (b) defines a certification as being one which
is transmitted by the President to Congress that contains a
determination of the President that: (a) 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; (b) the Palestinian Authority has
publicly acknowledged Israel's right to exist as a Jewish
state; and recommitted itself and is adhering to all previous
agreements and understandings with the Government of the United
States, the Government of Israel, and the international
community, including agreements and understandings pursuant to
the Roadmap; and (c) the Palestinian Authority has taken
effective steps and made demonstrable progress toward:
completing the process of purging from its security services
individuals with ties to terrorism; 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; 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; ensuring democracy, the rule of law, and an independent
judiciary, and adopting other reforms such as ensuring
transparent and accountable governance; and ensuring the
financial transparency and accountability of all government
ministries and operations. It is the intent of the Committee
that the reference to ``adherence'' to agreements and
understandings does not require perfect performance, but that a
rule of reason apply.
Subsection (c) provides that in order to maintain a
certification in effect, the President must transmit a
recertification within 6 months of the President's last
certification (except that a recertification must be made
within 90 days, in the case of the first recertification under
the subsection). If the President is unable to make a
recertification, he shall transmit to Congress a report that
contains the reasons the President is unable to make such a
recertification.
Subsection (d) provides that assistance to the Palestinian
Authority under the Foreign Assistance Act not be provided
until 15 days until after a notice thereof is provided by the
President to the Committees on International Relations and
Appropriations of the House and to the Committees on Foreign
Relations and Appropriations of the Senate under the provisions
of section 634A of the Foreign Assistance Act.
Subsection (e) provides for exceptions to the general rule
of subsection (a). The following kinds of assistance may be
provided to the Palestinian Authority:
(1) Assistance to any Palestinian independent election
commission, if the President transmits to Congress a
certification that contains a determination of the President
that no member of the commission is a member of, affiliated
with, or appointed by, a foreign terrorist organization and
that each member of such commission is independent of the
influence of any political party or movement.
(2) Assistance to the Office of the President of the
Palestinian Authority, which may only be provided for non-
security expenses directly related to facilitating a peaceful
solution 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 containing a determination of the President that:
(A) such assistance is critical to facilitating a peaceful
solution 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 an other entity
within or outside of the Palestinian Authority except as
payment for legal goods supplied or services rendered.
Some members of the Committee believe that the
Administration has made a determination to treat the
Palestinian Authority in its constituent parts, with parts of
the Palestinian Authority that are not controlled by the Hamas
Prime Minister or ministries that report to the Prime Minister
as not being subject to the administrative cutoff of funding
that was announced earlier this year. Some members of the
Committee have also expressed concern regarding President
Abbas' ability to promote meaningful change and dialogue, based
on his past performance and, therefore, with the notion that
broad assistance to the office of the President is appropriate.
The Committee approved the narrow exceptions in subsection
(e) to allow certain flexibility to promote democratic change
through support for truly independent election commissions. The
Committee believes that providing assistance for the
President's office for the limited purposes of maintaining
personal protection for President Abbas and to fund expenses
directly related to facilitating a peaceful solution of the
Israeli-Palestinian conflict is appropriate. In determining
what expenses qualify as ``directly related to facilitating a
peaceful solution of the Israeli-Palestinian conflict,'' the
Committee expects close consultation from the Administration
with respect to such expenses. At the same time, the Committee
does not intend that the expression ``directly relating to
facilitating a peaceful resolution'' be limited to assistance,
for example, for travel, or to pay the salaries of negotiating
teams.
Assistance under this subsection (e) is subject to the
requirement that the President determine that the provision of
such assistance is important to the national security interests
of the United States and that 30 days prior to the obligation
of such amounts the President consult with the appropriate
congressional committees regarding the specific programs,
projects, and activities to be carried out and submit a written
memorandum containing that determination.
The 30-day consultation period may run concurrently with
the 15-day notification period under subsection (d) (relating
to procedures under section 634A of the Foreign Assistance
Act).
Subsection (f) provides definitions for the section. The
Palestinian Authority is defined as 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.'' It does not include municipalities within the area
governed by the Palestinian Authority.
Subsection (c) of Section 2 makes the provisions of section
620K of the Foreign Assistance Act of 1961, as added by
subsection (b), applicable to the unexpended balances of funds
obligated prior to the date of the enactment of this Act. It is
the view of the Committee that this provision should not result
in any diminution of funding available for the Palestinian
people, and that such funds should be made available for the
Palestinian people through other mechanisms.
Subsection (d) of Section 2 requires the Comptroller
General to submit within 180 days of enactment a report on
proposed procedures by which United States assistance to the
Palestinian Authority under the Foreign Assistance Act will be
audited by relevant departments and agencies of the United
States and to make any recommendations for the improvement of
such procedures.
Subsection (e) of Section 2 expresses the sense of Congress
that the President should be guided by the principles and
procedures described in section 620K of the Foreign Assistance
Act, as added by subsection (b) of Section 2, in providing
direct assistance to the Palestinian Authority under any
provision of law other than the Foreign Assistance Act of 1961.
Although new section 620K does not purport to govern assistance
provided outside the Foreign Assistance Act, it is important
that the spirit of section 620K be followed insofar as possible
in the provision of other assistance.
Section 3(a) adds a new section 620L of the Foreign
Assistance Act entitled ``Limitation on Assistance for the West
Bank and Gaza.'' The remainder of the analysis of this
subsection consists of an analysis of new section 620L.
Under subsection (a) (of new section 620L) assistance may
be provided under the Foreign Assistance Act to nongovernmental
organizations for the West Bank and Gaza (except as provided in
subsection (d)) 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.
Subsection (b) provides a statutory-enhanced marking
requirement for aid provided to the Palestinians through
nongovernmental organizations because the Committee deems it
especially important that the Palestinians understand that the
Congress is concerned about their welfare and endeavoring to
help them, despite the government that they elected. Assistance
provided under the Foreign Assistance 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, 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 that assistance.
Subsection (c) requires notification 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 15
days prior to the provision of anyassistance under section
620L, in accordance with the procedures applicable to reprogramming
notifications under section 634A(a) of the Foreign Assistance Act.
The Committee is concerned that notifications for the
purpose of this subsection, as well as for other purposes under
section 634A, not be made during Congressional recesses absent
mutually acceptable arrangements, made in advance, with each of
the relevant Committees.
This notification period may run concurrently with the
consultation period of 25 days applicable to ``any other''
assistance specified in paragraph (2) of subsection (d) of
proposed section 620L.
Subsection (d) provides exceptions to the general rule of
subsection (a), allowing:
(1) The provision of food, water, medicine, sanitation
services, or other assistance to meet basic human health needs;
and
(2) 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: (1) consults with the
appropriate congressional committees regarding the specific
programs, projects, and activities to be carried out using such
assistance; and (2) 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.
The exceptions were reviewed carefully in the Committee's
approach to H.R. 4681. The Committee believes that despite (or,
perhaps, because of) the results of the January elections the
United States must maintain its historical commitment to help
meet the humanitarian needs of the Palestinian people. In
addition, the Committee recognized that, beyond such
assistance, it may be prudent to engage in programs other than
those designed to meet basic human health needs, such as
democracy or rule-of-law programs that support the growth of
institutions outside the Palestinian Authority, or other
critical needs. The Committee therefore agreed that the
Administration could reasonably propose such assistance
consistent with furthering United States national security
interest, and subject to the statutory mandate for
congressional consultation. The Committee expects full
consultation from the Executive Branch as it carries forward
all its assistance programs, but particularly programs other
than those described as meeting basic human health needs, and
for that reason an extended congressional consultation period
is required for such ``other'' assistance.
For this subsection, the term `appropriate congressional
committees' means the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives, and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
Subsection (b) of section 3 provides for several enhanced
procedures to oversee the operations under new section 620L.
(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 fiscal year
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 to carry
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 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) 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, which 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. 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 described in the preceding
sentence. Such amounts are in addition to amounts otherwise
available for such purposes.
Subsection (c) of section 3 expresses the sense of Congress
that the President should be guided by the principles and
procedures described in section 620L of the Foreign Assistance
Act, as added by subsection (a) of section 3, in providing
direct assistance to the Palestinian Authority under any
provision of law other than the Foreign Assistance Act of 1961.
Although new section 620L doesnot purport to govern assistance
provided outside the Foreign Assistance Act, it is important that the
spirit of section 620L be followed insofar as possible in the provision
of other assistance.
Section 4 (a) provides that 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 United Nations
Division for Palestinian Rights, the Committee on the Exercise
of the Inalienable Rights of the Palestinian People, the United
Nations Special Coordinator for the Middle East Peace Process
and Personal Representative to the Palestine Liberation
Organization and the Palestinian Authority, the NGO Network on
the Question of Palestine, the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of the Palestinian
People and Other Arabs of the Occupied Territories, and any
other entity the Secretary determines results in duplicative
efforts or funding or fails to ensure balance in the approach
to Israeli-Palestinian issues; 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.
Section 4(b)(1) provides that 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).
Section 4(b)(2) provides that until such recommendations
have been implemented, the Secretary of State is authorized to
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. This language is not
mandatory.
Section 4(c) provides that 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).
Section 4(d) provides that the Secretary of State is
authorized to 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 any United Nations affiliated or
specialized agency that provides assistance directly to 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. This language is not mandatory.
Section 5 expresses 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 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). This language is not
mandatory.
Section 6 provides, in its subsection (a), a general rule
that 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. Under subsection (b), the general rule will not
apply if the President or the President's designee 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 to the President of
the Palestinian Authority and such President's personal
assistants or representatives during the time such President is
not determined to be a member of Hamas or any other foreign
terrorist organization. The general rule of subsection (a) also
does not apply in the case of visas granted in connection with
obligations of the United States under the United Nations
Headquarters Agreement Act.
Section 7 requires the President to 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.
The Committee is aware that the representatives stationed
at the United Nations are appointed as representatives of the
Palestine Liberation Organization (PLO), not the Palestinian
Authority (PA). The legislation specifies ``of the Palestinian
Authority and of the Palestine Liberation Organization''
because of past efforts by the PA to assume greater control
over Palestinian representative offices abroad, which creates
uncertainty as to which of these entities, the PA or the PLO,
will have control over these representative offices in the
future.
Section 8 (a) provides the general rule that 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 (as added by section 2(b)(2) of this Act) is not
in effect with respect to the Palestinian Authority.
The Committee is aware that the representatives stationed
at the United Nations are appointed as representatives of the
Palestine Liberation Organization (PLO), not the Palestinian
Authority (PA).The legislation specifies ``the Palestinian
Authority or the Palestine Liberation Organization'' because of past
efforts by the PA to assume greater control over Palestinian
representative offices abroad, which creates uncertainty as to which of
these entities, the PA or the PLO, will have control over these
representative offices in the future.
Section 8(b) provides that the Attorney General shall take
the necessary steps and institute the necessary legal action to
effectuate the policies and provisions of subsection (a), and
that 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) of
this section 8.
Section 8(c)(1) provides that 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 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.
Section 8(c)(2) permits the President to renew the waiver
described in paragraph (1) of subsection 8(c) for successive
180-day periods if the President makes the determination and
certification described in such paragraph for each such period.
Section 9(a) provides the general rule that 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 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. This is not a mandatory provision.
Section 9(b) defines the term ``international financial
institution'' as having the meaning given the term in section
1701(c)(2) of the International Financial Institutions Act.
Section 10 provides that 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. This is a non-mandatory policy
provision; but the Committee expects that it will be adhered to
by the Administration.
Section 11 provides definitions for the bill. The term
``appropriate congressional committees'' means the Committee on
International Relations and the Committee on Appropriations of
the House of Representatives, and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate.
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).
New Advisory Committees
H.R. 4681 does not establish or authorize any new advisory
committees.
Congressional Accountability Act
H.R. 4681 does not apply to the legislative branch.
Federal Mandates
H.R. 4681 provides no Federal mandates.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
FOREIGN ASSISTANCE ACT OF 1961
* * * * * * *
PART III
Chapter 1--General Provisions
* * * * * * *
SEC. [620G] 620J. DEPLETED URANIUM AMMUNITION.
(a) * * *
* * * * * * *
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.
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.
* * * * * * *
ADDITIONAL VIEWS OF HON. EARL BLUMENAUER
All of us agree with current law that the United States
cannot provide assistance to foreign terrorist organizations or
governments controlled by terrorists, as well as the Quartet's
demands that Hamas recognize Israel's right to exist, forswear
violence, and accept previous Israeli-Palestinian agreements.
However, this bill goes much further by permanently prohibiting
all direct assistance to the Palestinian Authority and almost
all non-governmental assistance to the Palestinian people
unless any Palestinian government--Hamas, Fatah or otherwise--
meets a series of unlikely all-or-nothing conditions. It even
restricts aid to Hamas' opponents, limits diplomatic contacts
with moderate Palestinian officials and insists on conditions
that have nothing to do with Hamas' election or achieving the
vision of a Palestinian state living side by side with Israel
in peace.
Though I know it is not the intent of the authors, this
legislation risks harming Israel's security by making the
possibility of constructive engagement more difficult and less
likely. It ignores the possibility of progress with any
Palestinian government being made in the context of
negotiations. By placing permanent restrictions on the tools
that the United States can use to promote Palestinian reform
and Israeli security, this is the wrong answer to a most
difficult challenge.
Earl Blumenauer.