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S. 2370 (109th): Palestinian Anti-Terrorism Act of 2006


The text of the bill below is as of Mar 6, 2006 (Introduced).


II

109th CONGRESS

2d Session

S. 2370

IN THE SENATE OF THE UNITED STATES

March 6, 2006

(for himself, Mr. Biden, Mr. DeMint, Ms. Mikulski, Mr. Martinez, Mr. Nelson of Florida, Mr. Hagel, Mr. Nelson of Nebraska, Mr. DeWine, Mr. Talent, Mr. Allen, Mr. Frist, Mr. Burns, Mr. Thune, Mr. Reid, Mr. Salazar, Mr. Kerry, Mr. Bunning, Mr. Lieberman, and Mrs. Boxer) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

A BILL

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

1.

Short title

This Act may be cited as the Palestinian Anti-Terrorism Act of 2006.

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 financially 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:

620K.

Limitation on assistance to the Palestinian Authority

(a)

Limitation

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 effectively controlled by Hamas, unless Hamas has—

(A)

publicly acknowledged Israel’s right to exist as a Jewish state; 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 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 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)

National security waiver

(1)

Waiver

The President may waive the limitation in subsection (a) with respect to the administrative and personal security costs of the Office of President of the Palestinian Authority and for activities of the President of the Palestinian Authority to promote democracy and the rule of law if the President certifies and reports to the appropriate congressional committees that—

(A)

it is in the national security interests of the United States to provide such assistance; and

(B)

the President of the Palestinian Authority and the President's party are not affiliated with Hamas or any other foreign terrorist organization.

(2)

Consultation required

The President shall consult with the appropriate congressional committees prior to making a certification under paragraph (1).

(f)

Definitions

In this section:

(1)

Appropriate congressional committees defined

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.

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:

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, 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 other foreign terrorist organizations.

(3)

Other types of assistance

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).

(4)

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 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 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 a significant 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.

.

(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 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 may be made available for the purpose of recognizing or otherwise honoring individuals who commit, or have committed, acts of terrorism.

(4)

Audits

(A)

In general

The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and subgrantees, that receive amounts for assistance to nongovernmental organizations for the West Bank or Gaza under the Foreign Assistance Act of 1961 are conducted for each of the fiscal years 2007 and 2008 to ensure, among other things, compliance with this subsection.

(B)

Audits by inspector general of usaid

Of the amounts available for each of the fiscal years 2007 and 2008 for assistance to nongovernmental organizations for the West Bank or Gaza under the Foreign Assistance Act of 1961, up to $1,000,000 for each such fiscal year may be used by the Office of the Inspector General of the United States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements of subparagraph (A). Such amounts are in addition to amounts otherwise available for such purposes.

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).

5.

Denial of visas for officials of the Palestinian Authority

A visa should not be issued to any alien who is an official of, affiliated with, or serving as a representative of the Palestinian Authority, other than 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, 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.

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.

7.

Prohibition on Palestinian Authority representation in the United States

(a)

Prohibition

Notwithstanding any other provision of law, it shall be unlawful to establish or maintain an office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States at the behest or direction of, or with funds provided by, the Palestinian Authority during any period for which a certification described in section 620K(b) of the Foreign Assistance Act of 1961 (as added by section 2(b)(2) of this Act) is not in effect with respect to the Palestinian Authority.

(b)

Enforcement

(1)

Attorney general

The Attorney General shall take the necessary steps and institute the necessary legal action to effectuate the policies and provisions of subsection (a).

(2)

Relief

Any district court of the United States for a district in which a violation of subsection (a) occurs shall have authority, upon petition of relief by the Attorney General, to grant injunctive and such other equitable relief as it shall deem necessary to enforce the provisions of subsection (a).

(c)

Waiver

Subsection (a) shall not apply if the President determines and certifies to the appropriate congressional committees that the establishment or maintenance of an office, headquarters, premises, or other facilities is vital to the national security interests of the United States.

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)).

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.

10.

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.

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).