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[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).
                                 <all>
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