H.R.4681
Palestinian Anti-Terrorism Act of 2006 (Introduced in House)
http://thomas.loc.gov/cgi-bin/query/F?c109:1:./temp/~c109uZniRI:e348:
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).
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