[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2370 Enrolled Bill (ENR)]
S.2370
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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,

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

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(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.

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(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 coexistence, 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.
(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.

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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).

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(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.

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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.

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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.

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(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 coexistence,
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)).

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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.

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(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.

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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.

63cfe6b9130e9383a53641b364aad74af4eed924b730a43257e5b5e7e744fded

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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Palestinian Anti-Terrorism Act of 2006 — S. 2370

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