[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1856 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 1856
To amend the Foreign Assistance Act of 1961 and the Palestinian Anti-
Terrorism Act of 2006 to further 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
March 30, 2007
Ms. Ros-Lehtinen (for herself, Mr. Cantor, Mr. Chabot, Mr. Pence, Mr.
McCaul of Texas, and Mr. Burton of Indiana) introduced the following
bill; which was referred to the Committee on Foreign Affairs, 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 amend the Foreign Assistance Act of 1961 and the Palestinian Anti-
Terrorism Act of 2006 to further 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
Amendments of 2007''.
SEC. 2. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
(a) Amendment.--Section 620K of the Foreign Assistance Act of 1961
(22 U.S.C. 2378b) is amended to read as follows:
``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 appropriate congressional committees in accordance with the
procedures applicable to reprogramming notifications under section
634A(a) of this Act.
``(e) Exception.--
``(1) Assistance to support the middle east peace
process.--Subsection (a) shall not apply with respect to
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 if the President transmits to Congress a certification
that contains a determination of the President that--
``(A) such assistance is critical to facilitating a
peaceful resolution 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
any other entity within or outside of the Palestinian
Authority.
``(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).
``(f) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Affairs 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.''.
(b) Applicability to Unexpended Funds.--Section 620K of the Foreign
Assistance Act of 1961, as amended by subsection (a), 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.
(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 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.
(d) 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 amended by
subsection (a), in providing direct assistance to the Palestinian
Authority under any provision of law other than the Foreign Assistance
Act of 1961.
SEC. 3. 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 President 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 the President certifies to
the Congress that such recommendations have been implemented,
the Secretary of State 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 of the United States 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.--
(1) Assessed contributions.--The Secretary of State shall
withhold from United States contributions to the regular
assessed budget of the United Nations for a biennial period
amounts that are equal to the amounts of such budget that are
expended by any United Nations affiliated or specialized agency
for assistance directly to the Palestinian Authority.
(2) Voluntary contributions.--The Secretary of State shall
withhold from United States contributions to the voluntary
budget of the United Nations for a biennial period amounts that
are equal to the amounts of such budget that are expended by
any United Nations affiliated or specialized agency for
assistance directly to the Palestinian Authority.
(3) Definition.--For the purposes of this section, the term
``amounts of such budget that are expended by any United
Nations affiliated or specialized agency for assistance
directly to the Palestinian Authority'' does not include--
(A) amounts expended during any period for which a
certification described in section 620K(b) of the
Foreign Assistance Act of 1961 (as amended by section
2(a) of this Act) is in effect with respect to the
Palestinian Authority; or
(B) amounts expended for assistance of the type of
assistance described in section 104(c), 104A, 104B, or
104C of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b, 2151b-2, 2151b-3, or 2151b-4) and which would,
if provided by the Government of the United States, be
permitted under such sections, or under chapter 4 of
part II of such Act (22 U.S.C. 2346 et seq.) to carry
out the purposes of such sections, by reason of the
application of section 104(c)(4) of such Act.
SEC. 4. DESIGNATION OF TERRITORY CONTROLLED BY THE PALESTINIAN
AUTHORITY AS TERRORIST SANCTUARY.
(a) Statement of Policy.--During any period for which a
certification described in section 620K(b) of the Foreign Assistance
Act of 1961 (as amended by section 2(a) of this Act) is not in effect
with respect to the Palestinian Authority, it shall be the policy of
the United States to designate the territory controlled by the
Palestinian Authority 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).
(b) Repeal.--Section 4 of the Palestinian Anti-Terrorism Act of
2006 (Public Law 109-446; 22 U.S.C. 2378b note) is hereby repealed.
SEC. 5. DENIAL OF VISAS FOR OFFICIALS OF THE PALESTINIAN AUTHORITY.
(a) In General.--Except as provided in subsection (b), 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 amended by section 2(a) of this Act)
is not in effect with respect to the Palestinian Authority.
(b) Exceptions.--The restriction under 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'').
(c) Repeal.--Section 5 of the Palestinian Anti-Terrorism Act of
2006 (Public Law 109-446; 22 U.S.C. 2378b note) is hereby repealed.
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.--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
amended by section 2(a) of this Act) is not in effect with respect to
the Palestinian Authority.
(b) Repeal.--Section 6 of the Palestinian Anti-Terrorism Act of
2006 (Public Law 109-446; 22 U.S.C. 2378b note) is hereby repealed.
SEC. 7. PROHIBITION ON PALESTINIAN AUTHORITY AND PALESTINE LIBERATION
ORGANIZATION REPRESENTATION IN THE UNITED STATES.
(a) Prohibition.--Subsection (a) of section 7 of the Palestinian
Anti-Terrorism Act of 2006 (Public Law 109-446; 22 U.S.C. 2378b note)
is amended by inserting ``or the Palestine Liberation Organization''
after ``Palestinian Authority''.
(b) Enforcement.--Subsection (b)(1) of such section is amended by
adding at the end before the period the following ``, including steps
necessary to apply the policies and provisions of subsection (a) to the
Permanent Observer Mission of Palestine to the United Nations''.
(c) Waiver.--Subsection (c) of such section is amended to read as
follows:
``(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--
``(A) 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; and
``(B) would further the achievement of the
requirements outlined in the certification described in
section 620K(b) of the Foreign Assistance Act of 1961
(as added by section 2(b)(2) of this Act and amended by
section 2(a) of the Palestinian Anti-Terrorism Act
Amendments of 2007).
``(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.''.
(d) Conforming Amendment.--The heading for such section is amended
by inserting ``and palestine liberation organization'' after
``palestinian authority''.
SEC. 8. 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
unless a certification described in subsection (b) is in effect with
respect to the Palestinian Authority.
(b) Certification.--A certification described in this subsection is
a certification transmitted by the President to the appropriate
congressional committees that contains a determination of the President
that the requirements of paragraphs (1), (2), and (3)(A), (B), (C), and
(E) of section 620K(b) of the Foreign Assistance Act of 1961 (as
amended by section 2(a) of this Act) are being met by the Palestinian
Authority.
(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.
(d) Repeal.--Section 8 of the Palestinian Anti-Terrorism Act of
2006 (Public Law 109-446; 22 U.S.C. 2378b note) is hereby repealed.
SEC. 9. DIPLOMATIC CONTACTS WITH PALESTINIAN TERROR ORGANIZATIONS.
Section 9 of the Palestinian Anti-Terrorism Act of 2006 (Public Law
109-446; 22 U.S.C. 2378b note) is amended--
(1) in the matter preceding paragraph (1), by inserting
``or have substantive contacts'' after ``negotiate''; and
(2) in paragraph (4), by inserting ``and the Palestine
Liberation Organization'' after ``State of Israel''.
SEC. 10. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs 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(f)(3) of the Foreign Assistance Act of 1961 (as amended by
section 2(a) of this Act).
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