S 2370 · 109th Congress 2005–2007, ended

Palestinian Anti-Terrorism Act of 2006

Latest action · Dec 21, 2006 Became Public Law No: 109-446.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 6, 2006
  2. Passed SenateJun 23, 2006
  3. Passed HouseDec 7, 2006
  4. To the PresidentDec 11, 2006
  5. Became lawDec 21, 2006Public Law 109-446

Summary

(This measure has not been amended since it was passed by the Senate on June 23, 2006. The summary of that version is repeated here.)

Palestinian Anti-Terrorism Act of 2006 - (Sec. 2) States that it shall be U.S. policy to: (1) support a peaceful, two-state solution to 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 (Roadmap), and oppose those organizations, individuals, and countries that support terrorism and violently reject such two-state solution; (2) promote democracy and the cessation of terrorism and incitement in institutions and territories controlled by the Palestinian Authority (PA); and (3) 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.

Amends the Foreign Assistance Act of 1961 to provide assistance under such Act to the Hamas-controlled PA only during a period for which a presidential certification has determined that: (1) no PA ministry, agency, or instrumentality is controlled by Hamas unless the Hamas-controlled PA has publicly acknowledged the Jewish state of Israel's right to exist and is adhering to all previous agreements and understandings with the United States, Israel, and the international community, including agreements and understandings pursuant to the Roadmap; and (2) the Hamas-controlled PA has made demonstrable progress toward purging from its security services individuals with ties to terrorism, dismantling all terrorist infrastructure and cooperating with Israel's security services, halting anti-American and anti-Israel incitement, and ensuring democracy and financial transparency.

Directs the President to make and transmit such recertifications to Congress every six months (except for the first recertification which must be made within 90 days of the initial certification).

States that assistance to the PA may not be provided until 15 days after the date on which the President has provided notice to the Committees on International Relations and on Appropriations of the House of Representatives and to the Committees on Foreign Relations and on Appropriations of the Senate (Committees) in accordance with specified reprogramming notification provisions under such Act.

Exempts from such limitation, upon certification to Congress, assistance for: (1) administrative and personal security costs of the Office of the President of the PA; (2) activities of the President of the PA to fulfill his or her duties as President, including controlling border crossings, fostering the Middle East peace process, and promoting democracy and the rule of law; and (3) the judiciary branch of the PA and other entities.

Requires with respect to such exempted assistance that: (1) it is in U.S. national security interests, and the proposed recipient is not a member of, or controlled by, Hamas or any other foreign terrorist organization; and (2) the President consults with the Committees.

Applies such assistance limitations to the unexpended balances of funds obligated under such Act to the PA prior to enactment of this Act.

(Sec. 3) States that: (1) assistance may be provided under such Act to nongovernmental organizations for the West Bank and Gaza only during a period for which a certification is in effect; and (2) such assistance shall be marked as assistance from the American people or the government of the United States unless the Secretary of State or the Administrator of the United States Agency for International Development (USAID) determines that such marking will endanger the persons delivering such assistance or would have an adverse effect on implementation of the assistance.

Exempts certain categories of assistance from such limitations.

Provides presidential notification requirements.

Directs the Secretary, for FY2007 and FY2008, to certify to the Committees that the Government Accountability Office (GAO) will have access to appropriate U.S. financial information in order to review assistance use.

Directs the Secretary to take steps prior to obligating funds to ensure such assistance is not provided to or through an individual or entity with terrorist ties.

Prohibits using such funds to recognize or honor individuals or the families of individuals who commit terrorism.

Sets forth auditing requirements.

(Sec. 4) Expresses the sense of Congress that during any period for which a certification is not in effect the PA-controlled territory should be deemed to be in use as a terrorist sanctuary for purposes of the Export Administration Act of 1979 and the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989.

(Sec. 5) Prohibits during any period in which a certification is not in effect visa issuance to any alien who is an official of, affiliated with, or serving as a Hamas-led PA representative, except: (1) the President of the PA and his or her personal representatives, provided that the President of the PA and such 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.

(Sec. 6) States that the President, during any period in which a certification is not in effect, should restrict to a 25-mile radius of U.N. headquarters the travel of PA and Palestine Liberation Organization (PLO) officials and representatives, other than the President of the PA and his or her personal representatives (provided that the President of the PA and such representatives are not affiliated with Hamas or any other foreign terrorist organization), who are stationed at the United Nations.

(Sec. 7) Prohibits during any period in which a certification is not in effect establishment of an office, headquarters, premises, or other facilities within U.S. jurisdiction at the direction of, or with funds provided by, the PA.

Authorizes the President to waive such prohibition upon certification to the Committees that such waiver is vital to U.S. national security interests.

(Sec. 8) States that the President should direct the U.S. executive director at each international financial institution to use U.S. influence to prohibit assistance to the PA unless a certification is in effect. Exempts from such prohibition: (1) assistance for basic human health needs; and (2) assistance to promote democracy, provided that such assistance does not directly benefit Hamas or any other foreign terrorist organization.

(Sec. 9) Prohibits funds for the State Department from being used by any U.S. officer or employee 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) until such organization: (1) recognizes Israel's right to exist; (2) renounces terrorism; (3) dismantles the terrorist infrastructure; and (4) recognizes all previous agreements and understandings between Israel and the PA.

(Sec. 10) Directs the Secretary to establish the Israeli-Palestinian Peace, Reconciliation and Democracy Fund.

Requires the Secretary to submit an annual report to the Committees.

Authorizes FY2007 appropriations.

(Sec. 11) Directs the Secretary to submit an annual report to the Committees concerning direct assistance to the PA by other countries and international entities.

(Sec. 12) Defines "appropriate congressional committees" and "Palestinian Authority" for purposes of this Act.

Cosponsors 90

Members who signed on, in the order they did. Signatures ran from Mar 6, 2006 to Jun 26, 2006; 19 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MDBarbara A. MikulskiOriginalMar 6, 2006
D-CABarbara BoxerOriginalMar 6, 2006
D-NEBen NelsonOriginalMar 6, 2006
D-FLBill NelsonOriginalMar 6, 2006
R-NEChuck HagelOriginalMar 6, 2006
R-MTConrad R. BurnsOriginalMar 6, 2006
R-VAGeorge AllenOriginalMar 6, 2006
D-NVHarry ReidOriginalMar 6, 2006
R-KYJim BunningOriginalMar 6, 2006
R-SCJim DeMintOriginalMar 6, 2006
R-MOJim TalentOriginalMar 6, 2006
D-MAJohn F. KerryOriginalMar 6, 2006
R-SDJohn ThuneOriginalMar 6, 2006
I-CTJoseph I. LiebermanOriginalMar 6, 2006
D-DEJoseph R. Biden Jr.OriginalMar 6, 2006
D-COKen SalazarOriginalMar 6, 2006
R-FLMel MartinezOriginalMar 6, 2006
R-OHMike DeWineOriginalMar 6, 2006
R-TNWilliam H. FristOriginalMar 6, 2006
R-WYCraig ThomasMar 7, 2006
R-LADavid VitterMar 7, 2006
D-NJFrank R. LautenbergMar 7, 2006
D-NYHillary Rodham ClintonMar 7, 2006
R-TXKay Bailey HutchisonMar 7, 2006
D-MNMark DaytonMar 7, 2006
R-IDMike CrapoMar 7, 2006
D-MDPaul S. SarbanesMar 7, 2006
R-PARick SantorumMar 7, 2006
R-MESusan M. CollinsMar 7, 2006
R-MSThad CochranMar 7, 2006
R-COWayne AllardMar 7, 2006
R-ORGordon H. SmithMar 9, 2006
R-AZJon KylMar 9, 2006
R-AKLisa MurkowskiMar 9, 2006
D-LAMary L. LandrieuMar 9, 2006
R-MEOlympia J. SnoweMar 9, 2006
R-NCRichard BurrMar 9, 2006
R-MSTrent LottMar 9, 2006
D-CADianne FeinsteinMar 14, 2006
R-ALRichard C. ShelbyMar 14, 2006
D-NJRobert MenendezMar 14, 2006
D-SDTim JohnsonMar 14, 2006
D-NYCharles E. SchumerMar 15, 2006
R-OKJames M. InhofeMar 15, 2006
R-AZJohn McCainMar 15, 2006
R-NHJudd GreggMar 15, 2006
D-MTMax BaucusMar 15, 2006
D-ORRon WydenMar 15, 2006
R-ALJeff SessionsMar 16, 2006
R-TXJohn CornynMar 16, 2006
R-KSPat RobertsMar 16, 2006
R-MOChristopher S. BondMar 27, 2006
D-HIDaniel K. AkakaMar 27, 2006
R-NVJohn EnsignMar 27, 2006
R-KSSam BrownbackMar 27, 2006
R-GASaxby ChamblissMar 27, 2006
D-DEThomas R. CarperMar 27, 2006
D-WAMaria CantwellMar 28, 2006
R-GAJohnny IsaksonMar 29, 2006
D-ARMark L. PryorMar 29, 2006
R-OKTom CoburnMar 29, 2006
D-NDByron L. DorganMar 30, 2006
R-IAChuck GrassleyMar 30, 2006
R-SCLindsey GrahamMar 30, 2006
R-MNNorm ColemanMar 30, 2006
D-WAPatty MurrayMar 30, 2006
D-ARBlanche L. LincolnApr 3, 2006
D-INEvan BayhApr 3, 2006
R-IDLarry E. CraigApr 3, 2006
D-WIRussell D. FeingoldApr 3, 2006
D-MICarl LevinApr 4, 2006
D-MIDebbie StabenowApr 4, 2006
R-NCElizabeth DoleApr 4, 2006
D-WIHerb KohlApr 4, 2006
D-IATom HarkinApr 4, 2006
D-NDKent ConradApr 5, 2006
R-UTOrrin G. HatchApr 5, 2006
D-ILRichard J. DurbinApr 5, 2006
D-CTChristopher J. DoddApr 6, 2006
D-PAArlen SpecterApr 25, 2006
D-MAEdward M. KennedyApr 25, 2006
D-NMJeff BingamanApr 25, 2006
R-AKTed StevensApr 25, 2006
D-ILBarack ObamaApr 26, 2006
D-HIDaniel K. InouyeApr 26, 2006
R-UTRobert F. BennettApr 26, 2006
R-OHGeorge V. VoinovichMay 25, 2006
D-RIJack ReedMay 25, 2006
R-TNLamar AlexanderJun 26, 2006
R-INRichard G. LugarJun 26, 2006

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateForeign Relations Committee
Referred Mar 6, 2006Discharged Jun 23, 2006

Actions 17

Everything that happened, newest first.

  1. Dec 21, 2006Signed by President.
  2. Dec 21, 2006Became Public Law No: 109-446.
  3. Dec 11, 2006Presented to President.
  4. Dec 7, 2006Ms. Ros-Lehtinen moved to suspend the rules and pass the bill.
  5. Dec 7, 2006Considered under suspension of the rules. (consideration: CR H8909-8914)

In the Congressional Record 2

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S6463–S6465Amendments S6460Joseph R. Biden Jr. D-DE (amendment), Mitch McConnell R-KY (amendment), William H. Frist R-TNJun 23, 2006
SenateDebate and remarks S1793–S1796Text printed S1794–S1796Joseph I. Lieberman I-CT (text), Joseph R. Biden Jr. D-DE, Mitch McConnell R-KYMar 6, 2006

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

CRS reports 6

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 6

Products on other subjects that cite it, usually among other measures.

Amendments 1

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
SA 4542To provide a complete substitute.Mitch McConnell R-KYAmendment SA 4542 agreed to in Senate by Unanimous Consent.

Related bills 3

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 2237Palestinian Compliance Act of 2006Related billFeb 1, 2006
HR 4668Limitation on Assistance to the Palestinian Authority Act of 2006Related billJan 31, 2006
HR 4681Palestinian Anti-Terrorism Act of 2006Related billMay 25, 2006

Titles 5

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to promote the development of democratic institutions in areas under the administrative control of the Palestinian Authority, and for other purposes.
Short Titles as Introduced
Palestinian Anti-Terrorism Act of 2006
Short Titles as Passed House
Palestinian Anti-Terrorism Act of 2006
Short Titles as Passed Senate
Palestinian Anti-Terrorism Act of 2006
Short Titles as Enacted
Palestinian Anti-Terrorism Act of 2006

Subjects

Assigned by the Library of Congress. Policy area: International Affairs.

Text 3

Each version as it was printed, newest first.

  1. Dec 11, 2006Enrolled Bill
  2. Jun 23, 2006Engrossed in Senate
  3. Mar 6, 2006Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.