109th CONGRESS
2d Session
S. 2370
AN ACT
To promote the development of democratic institutions in areas
under the administrative control of the Palestinian Authority, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Palestinian Anti-Terrorism Act of 2006'.
SEC. 2. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
(a) Declaration of Policy- It shall be the policy of the United States--
(1) to support a peaceful, two-state solution to end the conflict between
Israel and the Palestinians in accordance with the Performance-Based Roadmap
to a Permanent Two-State Solution to the Israeli-Palestinian Conflict
(commonly referred to as the `Roadmap');
(2) to oppose those organizations, individuals, and countries that support
terrorism and violently reject a two-state solution to end the Israeli-Palestinian
conflict;
(3) to promote the rule of law, democracy, the cessation of terrorism
and incitement, and good governance in institutions and territories controlled
by the Palestinian Authority; and
(4) to urge members of the international community to avoid contact with
and refrain from supporting the terrorist organization Hamas until it
agrees to recognize Israel, renounce violence, disarm, and accept prior
agreements, including the Roadmap.
(b) Amendments- Chapter 1 of part III of the Foreign Assistance Act of 1961
(22 U.S.C. 2351 et seq.) is amended--
(1) by redesignating the second section 620G (as added by section 149
of Public Law 104-164 (110 Stat. 1436)) as section 620J; and
(2) by adding at the end the following new section:
`SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
`(a) Limitation- Assistance may be provided under this Act to the Hamas-controlled
Palestinian Authority only during a period for which a certification described
in subsection (b) is in effect.
`(b) Certification- A certification described in subsection (a) is a certification
transmitted by the President to Congress that contains a determination of
the President that--
`(1) no ministry, agency, or instrumentality of the Palestinian Authority
is effectively controlled by Hamas, unless the Hamas-controlled Palestinian
Authority has--
`(A) publicly acknowledged the Jewish state of Israel's right to exist;
and
`(B) committed itself and is adhering to all previous agreements and
understandings with the United States Government, with the Government
of Israel, and with the international community, including agreements
and understandings pursuant to the Performance-Based Roadmap to a Permanent
Two-State Solution to the Israeli-Palestinian Conflict (commonly referred
to as the `Roadmap'); and
`(2) the Hamas-controlled Palestinian Authority has made demonstrable
progress toward--
`(A) completing the process of purging from its security services individuals
with ties to terrorism;
`(B) dismantling all terrorist infrastructure within its jurisdiction,
confiscating unauthorized weapons, arresting and bringing terrorists
to justice, destroying unauthorized arms factories, thwarting and preempting
terrorist attacks, and fully cooperating with Israel's security services;
`(C) halting all anti-American and anti-Israel incitement in Palestinian
Authority-controlled electronic and print media and in schools, mosques,
and other institutions it controls, and replacing educational materials,
including textbooks, with materials that promote peace, tolerance, and
coexistence with Israel;
`(D) ensuring democracy, the rule of law, and an independent judiciary,
and adopting other reforms such as ensuring transparent and accountable
governance; and
`(E) ensuring the financial transparency and accountability of all government
ministries and operations.
`(c) Recertifications- Not later than 90 days after the date on which the
President transmits to Congress an initial certification under subsection
(b), and every six months thereafter--
`(1) the President shall transmit to Congress a recertification that the
conditions described in subsection (b) are continuing to be met; or
`(2) if the President is unable to make such a recertification, the President
shall transmit to Congress a report that contains the reasons therefor.
`(d) Congressional Notification- Assistance made available under this Act
to the Palestinian Authority may not be provided until 15 days after the
date on which the President has provided notice thereof to the appropriate
congressional committees in accordance with the procedures applicable to
reprogramming notifications under section 634A(a) of this Act.
`(e) National Security Waiver-
`(1) IN GENERAL- Subject to paragraph (2), the President may waive subsection
(a) with respect to--
`(A) the administrative and personal security costs of the Office of
the President of the Palestinian Authority;
`(B) the activities of the President of the Palestinian Authority to
fulfill his or her duties as President, including to maintain control
of the management and security of border crossings, to foster the Middle
East peace process, and to promote democracy and the rule of law; and
`(C) assistance for the judiciary branch of the Palestinian Authority
and other entities.
`(2) CERTIFICATION- The President may only exercise the waiver authority
under paragraph (1) after--
`(A) consulting with, and submitting a written policy justification
to, the appropriate congressional committees; and
`(B) certifying to the appropriate congressional committees that--
`(i) it is in the national security interest of the United States
to provide assistance otherwise prohibited under subsection (a); and
`(ii) the individual or entity for which assistance is proposed to
be provided is not a member of, or effectively controlled by (as the
case may be), Hamas or any other foreign terrorist organization.
`(3) REPORT- Not later than 10 days after exercising the waiver authority
under paragraph (1), the President shall submit to the appropriate congressional
committees a report describing how the funds provided pursuant to such
waiver will be spent and detailing the accounting procedures that are
in place to ensure proper oversight and accountability.
`(4) TREATMENT OF CERTIFICATION AS NOTIFICATION OF PROGRAM CHANGE- For
purposes of this subsection, the certification required under paragraph
(2)(B) shall be deemed to be a notification under section 634A and shall
be considered in accordance with the procedures applicable to notifications
submitted pursuant to that section.
`(f) Definitions- In this section:
`(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional
committees' means--
`(A) the Committee on International Relations and the Committee on Appropriations
of the House of Representatives; and
`(B) the Committee on Foreign Relations and the Committee on Appropriations
of the Senate.
`(2) FOREIGN TERRORIST ORGANIZATION- The term `foreign terrorist organization'
means an organization designated as a foreign terrorist organization by
the Secretary of State in accordance with section 219(a) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)).
`(3) PALESTINIAN AUTHORITY- The term `Palestinian Authority' means the
interim Palestinian administrative organization that governs part of the
West Bank and all of the Gaza Strip (or any successor Palestinian governing
entity), including the Palestinian Legislative Council.'.
(c) Previously Obligated Funds- The provisions of section 620K of the Foreign
Assistance Act of 1961, as added by subsection (b), shall be applicable
to the unexpended balances of funds obligated prior to the date of the enactment
of this Act.
SEC. 3. LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA.
(a) Amendment- Chapter 1 of part III of the Foreign Assistance Act of 1961
(22 U.S.C. 2351 et seq.), as amended by section 2(b)(2), is further amended
by adding at the end the following new section:
`SEC. 620L. LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA.
`(a) Limitation- Assistance may be provided under this Act to nongovernmental
organizations for the West Bank and Gaza only during a period for which
a certification described in section 620K(b) is in effect with respect to
the Palestinian Authority.
`(b) Exceptions- Subsection (a) shall not apply with respect to the following:
`(1) ASSISTANCE TO MEET BASIC HUMAN NEEDS- Assistance to meet food, water,
medicine, health, or sanitation needs, or other assistance to meet basic
human needs.
`(2) ASSISTANCE TO PROMOTE DEMOCRACY- Assistance to promote democracy,
human rights, freedom of the press, non-violence, reconciliation, and
peaceful co-existence, provided that such assistance does not directly
benefit Hamas or any other foreign terrorist organization.
`(3) ASSISTANCE FOR INDIVIDUAL MEMBERS OF THE PALESTINIAN LEGISLATIVE
COUNCIL- Assistance, other than funding of salaries or salary supplements,
to individual members of the Palestinian Legislative Council who the President
determines are not members of Hamas or any other foreign terrorist organization,
for the purposes of facilitating the attendance of such members in programs
for the development of institutions of democratic governance, including
enhancing the transparent and accountable operations of such institutions,
and providing support for the Middle East peace process.
`(4) OTHER TYPES OF ASSISTANCE- Any other type of assistance if the President--
`(A) determines that the provision of such assistance is in the national
security interest of the United States; and
`(B) not less than 30 days prior to the obligation of amounts for the
provision of such assistance--
`(i) consults with the appropriate congressional committees regarding
the specific programs, projects, and activities to be carried out
using such assistance; and
`(ii) submits to the appropriate congressional committees a written
memorandum that contains the determination of the President under
subparagraph (A).
`(c) Marking Requirement- Assistance provided under this Act to nongovernmental
organizations for the West Bank and Gaza shall be marked as assistance from
the American people or the United States Government unless the Secretary
of State or, as appropriate, the Administrator of the United States Agency
for International Development, determines that such marking will endanger
the lives or safety of persons delivering such assistance or would have
an adverse effect on the implementation of that assistance.
`(d) Congressional Notification- Assistance made available under this Act
to nongovernmental organizations for the West Bank and Gaza may not be provided
until 15 days after the date on which the President has provided notice
thereof to the Committee on International Relations and the Committee on
Appropriations of the House of Representatives and to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate in accordance
with the procedures applicable to reprogramming notifications under section
634A(a) of this Act.
`(e) Definitions- In this section:
`(1) APPROPRIATE CONGRESSIONAL COMMITTEES- the term `appropriate congressional
committees' means--
`(A) the Committee on International Relations and the Committee on Appropriations
of the House of Representatives; and
`(B) the Committee on Foreign Relations and the Committee on Appropriations
of the Senate.
`(2) FOREIGN TERRORIST ORGANIZATION- The term `foreign terrorist organization'
means an organization designated as a foreign terrorist organization by
the Secretary of State in accordance with section 219(a) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)).'.
(b) Oversight and Related Requirements-
(1) OVERSIGHT- For each of the fiscal years 2007 and 2008, the Secretary
of State shall certify to the appropriate congressional committees not
later than 30 days prior to the initial obligation of amounts for assistance
to nongovernmental organizations for the West Bank or Gaza under the Foreign
Assistance Act of 1961 that procedures have been established to ensure
that the Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
use of such assistance.
(2) VETTING- Prior to any obligation of amounts for each of the fiscal
years 2007 and 2008 for assistance to nongovernmental organizations for
the West Bank or Gaza under the Foreign Assistance Act of 1961, the Secretary
of State shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual or entity that the Secretary
knows, or has reason to believe, advocates, plans, sponsors, engages in,
or has engaged in, terrorist activity. The Secretary shall, as appropriate,
establish procedures specifying the steps to be taken in carrying out
this paragraph and shall terminate assistance to any individual or entity
that the Secretary has determined advocates, plans, sponsors, or engages
in terrorist activity.
(3) PROHIBITION- No amounts made available for fiscal year 2007 or 2008
for assistance to nongovernmental organizations for the West Bank or Gaza
under the Foreign Assistance Act of 1961 may be made available for the
purpose of recognizing or otherwise honoring individuals who commit, or
have committed, acts of terrorism.
(A) IN GENERAL- The Administrator of the United States Agency for International
Development shall ensure that Federal or non-Federal audits of all contractors
and grantees, and significant subcontractors and subgrantees, that receive
amounts for assistance to nongovernmental organizations for the West
Bank or Gaza under the Foreign Assistance Act of 1961 are conducted
for each of the fiscal years 2007 and 2008 to ensure, among other things,
compliance with this subsection.
(B) AUDITS BY INSPECTOR GENERAL OF USAID- Of the amounts available for
each of the fiscal years 2007 and 2008 for assistance to nongovernmental
organizations for the West Bank or Gaza under the Foreign Assistance
Act of 1961, up to $1,000,000 for each such fiscal year may be used
by the Office of the Inspector General of the United States Agency for
International Development for audits, inspections, and other activities
in furtherance of the requirements of subparagraph (A). Such amounts
are in addition to amounts otherwise available for such purposes.
SEC. 4. DESIGNATION OF TERRITORY CONTROLLED BY THE PALESTINIAN AUTHORITY
AS TERRORIST SANCTUARY.
It is the sense of Congress that, during any period for which a certification
described in section 620K(b) of the Foreign Assistance Act of 1961 (as added
by section 2(b)(2) of this Act) is not in effect with respect to the Palestinian
Authority, the territory controlled by the Palestinian Authority should
be deemed to be in use as a sanctuary for terrorists or terrorist organizations
for purposes of section 6(j)(5) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)(5)) and section 140 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f).
SEC. 5. DENIAL OF VISAS FOR OFFICIALS OF THE PALESTINIAN AUTHORITY.
(a) In General- Except as provided in subsection (b), a visa should not
be issued to any alien who is an official of, under the control of, or serving
as a representative of the Hamas-led Palestinian Authority during any period
for which a certification described in section 620K(b) of the Foreign Assistance
Act of 1961 (as added by section 2(b)(2) of this Act) is not in effect with
respect to the Palestinian Authority.
(b) Exception- The restriction under subsection (a) should not apply to--
(1) the President of the Palestinian Authority and his or her personal
representatives, provided that the President and his or her personal representatives
are not affiliated with Hamas or any other foreign terrorist organization;
and
(2) members of the Palestinian Legislative Council who are not members
of Hamas or any other foreign terrorist organization.
SEC. 6. TRAVEL RESTRICTIONS ON OFFICIALS AND REPRESENTATIVES OF THE PALESTINIAN
AUTHORITY AND THE PALESTINE LIBERATION ORGANIZATION STATIONED AT THE UNITED
NATIONS IN NEW YORK CITY.
(a) In General- Notwithstanding any other provision of law, and except as
provided in subsection (b), the President should restrict the travel of
officials and representatives of the Palestinian Authority and of the Palestine
Liberation Organization, who are stationed at the United Nations in New
York City to a 25-mile radius of the United Nations headquarters building
during any period for which a certification described in section 620K(b)
of the Foreign Assistance Act of 1961 (as added by section 2(b)(2) of this
Act) is not in effect with respect to the Palestinian Authority.
(b) Exception- The travel restrictions described in subsection (a) should
not apply to the President of the Palestinian Authority and his or her personal
representatives, provided that the President and his or her personal representatives
are not affiliated with Hamas or any other foreign terrorist organization.
SEC. 7. PROHIBITION ON PALESTINIAN AUTHORITY REPRESENTATION IN THE UNITED
STATES.
(a) Prohibition- Notwithstanding any other provision of law, it shall be
unlawful to establish or maintain an office, headquarters, premises, or
other facilities or establishments within the jurisdiction of the United
States at the behest or direction of, or with funds provided by, the Palestinian
Authority during any period for which a certification described in section
620K(b) of the Foreign Assistance Act of 1961 (as added by section 2(b)(2)
of this Act) is not in effect with respect to the Palestinian Authority.
(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.
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional
committees' means--
(A) the Committee on International Relations and the Committee on Appropriations
of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Appropriations
of the Senate.
(2) PALESTINIAN AUTHORITY- The term `Palestinian Authority' has the meaning
given the term in section 620K(e)(2) of the Foreign Assistance Act of
1961 (as added by section 2(b)(2) of this Act).
Passed the Senate June 23, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 2370
AN ACT
To promote the development of democratic institutions in areas under the
administrative control of the Palestinian Authority, and for other purposes.
END
