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(a)
DECLARATION OF POLICY - It shall be the policy of the United States to
promote the emergence of a democratic Palestinian government 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) the Palestinian Authority
is not controlled by a foreign terrorist organization and does not
include members of a foreign terrorist organization; and (2) the Palestinian Authority -
(A) has completed the process of purging from its security services individuals with ties to terrorism; (B)
has dismantled the terrorist infrastructure and is confiscating
unauthorized weapons, arresting and bringing terrorists to justice,
destroying unauthorized arms factories, thwarting and preempting
terrorist attacks, and is fully cooperating with Israel's security
services; (C) has publicly acknowledged Israel's right to exist as a Jewish state; (D)
has halted all anti-Israel incitement in Palestinian
Authority-controlled electronic and print media and in schools,
mosques, and other institutions it controls, and is replacing these
materials, including textbooks, with materials that promote tolerance,
peace, and coexistence with Israel; (E) has taken effective steps to
ensure democracy, the rule of law, and an independent judiciary, and
has adopted other reforms such as ensuring transparent and accountable
governance; and (F) has undertaken efforts to ensure 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":
(A)
means the interim administrative organization that governs parts of the
West Bank and all of the Gaza Strip (or any successor Palestinian
governing entity); and (B) includes the Palestinian Legislative
Council, municipalities of the Palestinian Authority, and any other
agency or instrumentality of the Palestinian Authority.
(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 thatcontains 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. 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 dupli1cative 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).
SEC. 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 Pal1estinian 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. 5. 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.
6. TRAVEL RESTRICTIONS ON OFFICIALS AND REPRESENTATIVES OF THE
PALESTINIAN AUTHORITY STATIONED AT THE UNITED NATIONS IN NEW YORK CITY.
(a)
TRAVEL RESTRICTIONS. Notwithstanding any other provision of law, the
President shall restrict the travel of officials and representatives of
the Palestinian Authority 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) COUNTRY DESCRIBED - A country
referred to in subsection (a) is a country the government of which the
Secretary of State has determined, for purposes of section 6(j)(1)(A)
of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A)), is a government that has repeatedly provided support
for acts of international terrorism.
SEC. 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).
SEC. 8. 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 17 of 1961 (as added by section 2(b)(2) of this Act). |