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Text of H. R. 4681 - `Palestinian Anti-Terrorism Act of 2006'

"To promote the development of democratic institutions in areas under the administrative control of the Palestinian Authority, and for other purposes."



HR 4681 IH

109th CONGRESS
2d Session
H. R. 4681

To promote the development of democratic institutions in areas under the administrative control of the Palestinian Authority, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

February 1, 2006


Ms. ROS-LEHTINEN (for herself, Mr. LANTOS, Mr. CANTOR, Mr. CHABOT, Mr. ACKERMAN, Mr. ENGEL, Mr. PENCE, Mr. WELLER, Ms. HARRIS, Mr. BURTON of Indiana, Mrs. MCCARTHY, Mr. CARDOZA, Mr. MACK, Ms. BEAN, Mr. CROWLEY, Mr. LYNCH, Mrs. JO ANN DAVIS of Virginia, Mr. CHANDLER, Mr. BROWN of South Carolina, Mr. MCCAUL of Texas, Mr. KING of New York, Mr. ISRAEL, Ms. BERKLEY, Mr. POE, Mr. ROYCE, Mrs. BLACKBURN, Mr. TANCREDO, Mr. SCHIFF, Mr. SHERMAN, and Mr. NADLER) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committees on the Judiciary and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

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 to promote the emergence of a democratic Palestinian governing authority that--
(1) denounces and combats terrorism;
(2) has agreed to and is taking action to disarm and dismantle any terrorist agency, network, or facility;
(3) has agreed to work to eliminate anti-Israel and anti-Semitic incitement and the commemoration of terrorists in Palestinian society;
(4) has agreed to respect the boundaries and sovereignty of its neighbors;
(5) acknowledges, respects, and upholds the human rights of all people;
(6) conducts free, fair, and transparent elections in compliance with international standards;
(7) ensures institutional and financial transparency and accountability; and
(8) has agreed to recognize the State of Israel as an independent, sovereign, Jewish, democratic state.
(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 or any other provision of law 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 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 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 or any other provision of law 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) 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) 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 extent to which United States assistance to the Palestinian Authority under the Foreign Assistance Act of 1961 or any other provision of law is properly 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.

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- Assistance may be provided under this Act or any other provision of law 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) 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 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 45 days prior to the obligation of amounts for the provision of such assistance--
`(i) consults with the appropriate congressional committees regarding the specific programs, projects, and activities to be carried out using such assistance; and
`(ii) submits to the appropriate congressional committees a written memorandum that contains the determination of the President under subparagraph (A).
`(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.
`(c) Marking Requirement- Assistance provided under this Act or any other provision of law to nongovernmental organizations for the West Bank and Gaza shall be marked as assistance from the Government of the United States unless the Administrator of the United States Agency for International Development determines that such marking will endanger the lives or safety of persons delivering such assistance.
`(d) Congressional Notification- Assistance made available under this Act or any other provision of law to nongovernmental organizations for the West Bank and Gaza may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act.'.
(b) Oversight and Related Requirements-
(1) 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 or any other provision of law 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 or any other provision of law, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual or entity that the Secretary knows, or has reason to believe, advocates, plans, sponsors, engages in, or has engaged in, terrorist activity. The Secretary shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this paragraph and shall terminate assistance to any individual or entity that the Secretary has determined advocates, plans, sponsors, or engages in terrorist activity.
(3) 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 or any other provision of law may be made available for the purpose of recognizing or otherwise honoring individuals who commit, or have committed, acts of terrorism.
(4) AUDITS-
(A) IN GENERAL- The Administrator of the United States Agency for International Development shall ensure that 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 or any other provision of law, 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 or any other provision of law, 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. UNITED NATIONS AGENCIES AND PROGRAMS.

(a) Department of State Review and Report-
(1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall--
(A) conduct an audit of the functions of the entities specified in paragraph (2); and
(B) submit to the appropriate congressional committees a report containing recommendations for the elimination of such duplicative entities and efforts.
(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 President shall direct the United States Permanent Representative to the United Nations to 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 United States shall withhold from United States contributions to the regular assessed budget of the United Nations for a biennial period amounts that are proportional to the percentage of such budget that are expended for such entities.
(c) GAO Audit- The Comptroller General 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 United States shall withhold from United States contributions to the regular assessed budget of the United Nations for a biennial period amounts that are proportional to the percentage of such budget that are expended for 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 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 vital to the national security interests of the United States.

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.

Notwithstanding any other provision of law, 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).

SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS.

(a) Requirement- The President shall 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 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.

No funds authorized or available to the Department of State or any other United States Government agency may be used for or by any officer or employee of the United States Government to negotiate, attend official meetings, or have official 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 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).

END