Text: H.R.1164 — 115th Congress (2017-2018)All Information (Except Text)

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[H.R. 1164 Placed on Calendar Senate (PCS)]

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                                                       Calendar No. 278
115th CONGRESS
  1st Session
                                H. R. 1164


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 6, 2017

                                Received

                            December 7, 2017

                 Read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
   To condition assistance to the West Bank and Gaza on steps by the 
  Palestinian Authority to end violence and terrorism against Israeli 
                               citizens.

    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 ``Taylor Force Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Palestinian Authority's practice of paying salaries 
        to terrorists serving in Israeli prisons, as well as to the 
        families of deceased terrorists, is an incentive to commit acts 
        of terror.
            (2) The United States does not provide direct budgetary 
        support to the Palestinian Authority. The United States does 
        pay certain debts held by the Palestinian Authority and funds 
        programs for which the Palestinian Authority would otherwise be 
        responsible.
            (3) The United States Government supports community-based 
        programs in the West Bank and Gaza that provide for basic human 
        needs, such as food, water, health, shelter, protection, 
        education, and livelihoods, and that promote peace and 
        development.
            (4) Since fiscal year 2015, annual appropriations 
        legislation has mandated the reduction of Economic Support Fund 
        aid for the Palestinian Authority as a result of their payments 
        for acts of terrorism including, in fiscal year 2017, a 
        reduction ``by an amount the Secretary determines is equivalent 
        to the amount expended by the Palestinian Authority, the 
        Palestine Liberation Organization, and any successor or 
        affiliated organizations with such entities as payments for 
        acts of terrorism by individuals who are imprisoned after being 
        fairly tried and convicted for acts of terrorism and by 
        individuals who died committing acts of terrorism during the 
        previous calendar year''.

SEC. 3. SENSE OF CONGRESS.

    Congress--
            (1) calls on the Palestinian Authority, the Palestine 
        Liberation Organization, and any successor or affiliated 
        organizations to stop payments for acts of terrorism by 
        individuals who are imprisoned after being fairly tried and 
        convicted for acts of terrorism and by individuals who died 
        committing acts of terrorism and to repeal the laws authorizing 
        such payments;
            (2) calls on all donor countries providing budgetary 
        assistance to the Palestinian Authority to cease direct 
        budgetary support until the Palestinian Authority stops all 
        payments incentivizing terror;
            (3) urges the Palestinian Authority to develop programs to 
        provide essential public services and support to any individual 
        in need within its jurisdictional control, rather than to 
        provide payments contingent on perpetrating acts of violence;
            (4) urges 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 highlight the issue of 
        Palestinian Authority payments for acts of terrorism and to 
        urge other Member States to apply pressure upon the Palestinian 
        Authority to immediately cease such payments; and
            (5) urges the Department of State to use its bilateral and 
        multilateral engagements with all governments and organizations 
        committed to the cause of peace between Israel and the 
        Palestinians to highlight the issue of Palestinian Authority 
        payments for acts of terrorism and to urge such governments and 
        organizations to join the United States in calling on the 
        Palestinian Authority to immediately cease such payments.

SEC. 4. LIMITATION ON ASSISTANCE TO THE WEST BANK AND GAZA.

    (a) Limitation.--
            (1) In general.--For fiscal year 2018 and each of the five 
        subsequent fiscal years, funds authorized to be appropriated or 
        otherwise made available for assistance under chapter 4 of part 
        II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
        seq.; relating to Economic Support Fund) and available for 
        assistance for the West Bank and Gaza that directly benefits 
        the Palestinian Authority may only be made available for such 
        purpose if, except as provided in subsection (d), not later 
        than 30 days after the date of the enactment of this Act, and 
        every 180 days thereafter, the Secretary of State certifies in 
        writing to the appropriate congressional committees that the 
        Palestinian Authority, the Palestine Liberation Organization, 
        and any successor or affiliated organizations--
                    (A) are taking credible steps to end acts of 
                violence against Israeli citizens and United States 
                citizens that are perpetrated or materially assisted by 
                individuals under their jurisdictional control, such as 
                the March 2016 attack that killed former United States 
                Army officer Taylor Force, a veteran of the wars in 
                Iraq and Afghanistan;
                    (B) have terminated payments for acts of terrorism 
                against Israeli citizens and United States citizens to 
                any individual, after being fairly tried, who has been 
                imprisoned for such acts of terrorism and to any 
                individual who died committing such acts of terrorism, 
                including to a family member of such individuals;
                    (C) have revoked any law, decree, regulation, or 
                document authorizing or implementing a system of 
                compensation for imprisoned individuals that uses the 
                sentence or period of incarceration of an individual 
                imprisoned for an act of terrorism to determine the 
                level of compensation paid, or have taken comparable 
                action that has the effect of invalidating any such 
                law, decree, regulation, or document; and
                    (D) are publicly condemning such acts of violence 
                and are taking steps to investigate or are cooperating 
                in investigations of such acts to bring the 
                perpetrators to justice.
            (2) Additional certification requirement.--The Secretary of 
        State shall include in the certification required under 
        paragraph (1) the definition of ``acts of terrorism'' that the 
        Secretary used for purposes of making the determination in 
        subparagraph (B) of such paragraph.
    (b) Exception.--
            (1) In general.--Subject to paragraph (2), the limitation 
        on assistance under subsection (a) shall not apply to--
                    (A) payments made to the East Jerusalem Hospital 
                Network;
                    (B) assistance for wastewater projects; and
                    (C) assistance for any other program, project, or 
                activity that provides vaccinations to children.
            (2) Notification.--The Secretary of State shall notify in 
        writing the appropriate congressional committees not later than 
        15 days prior to making funds available for assistance under 
        subparagraph (A), (B), or (C) of paragraph (1).
    (c) Rule of Construction.--Funds withheld pursuant to this 
section--
            (1) shall be deemed to satisfy any similar withholding or 
        reduction required under any other provision of law relating to 
        the Palestinian Authority's payments for acts of terrorism; and
            (2) shall be in an amount that is not less than the total 
        amount required by such other provision of law.
    (d) Initial Use and Disposition of Withheld Funds.--
            (1) Period of availability.--Funds withheld pursuant to 
        this section are authorized to remain available for an 
        additional 2 years from the date on which the availability of 
        such funds would otherwise have expired.
            (2) Use of funds.--Funds withheld pursuant to this section 
        may be made available for assistance for the West Bank and Gaza 
        that directly benefits the Palestinian Authority upon a 
        certification by the Secretary of State that the Palestinian 
        Authority, the Palestine Liberation Organization, and any 
        successor or affiliated organizations have met the conditions 
        set forth in subsection (a). Except as provided in paragraph 
        (3), such funds may not be made available for any purpose other 
        than for assistance for the West Bank and Gaza that directly 
        benefits the Palestinian Authority.
            (3) Disposition of unused funds.--Beginning on the date 
        that is 180 days after the last day on which the initial 
        availability of funds withheld pursuant to this section would 
        otherwise have expired, such funds are authorized to be made 
        available to the Department of State for assistance under 
        chapter 4 of part II of the Foreign Assistance Act of 1961 (22 
        U.S.C.2346 et seq.; relating to Economic Support Fund) for 
        purposes other than assistance for the West Bank and Gaza.
    (e) Report.--
            (1) In general.--If the Secretary of State is unable to 
        certify in writing to the appropriate congressional committees 
        that the Palestinian Authority, the Palestine Liberation 
        Organization, and any successor or affiliated organizations 
        have met the conditions described in subsection (a), the 
        Secretary shall, not later than 15 days after the date on which 
        the Secretary is unable to make such certification, submit to 
        the appropriate congressional committees a report that contains 
        the following:
                    (A) The reasons why the Secretary was unable to 
                certify in writing that such organizations have met 
                such requirements.
                    (B) The definition of ``acts of terrorism'' that 
                the Secretary used for purposes of making the 
                determination in subparagraph (B) of subsection (a)(1).
                    (C) The total amount of funds to be withheld.
            (2) Form.--The report required by this subsection shall be 
        submitted in unclassified form but may include a classified 
        annex.
    (f) List of Criteria.--
            (1) In general.--Not later than 15 days after the date of 
        the enactment of this Act, the Secretary of State shall submit 
        to the appropriate congressional committees a list of the 
        criteria that the Secretary uses to determine whether 
        assistance for the West Bank and Gaza is assistance that 
        directly benefits the Palestinian Authority for purposes of 
        carrying out this section.
            (2) Update.--The Secretary of State shall submit to the 
        appropriate congressional committees an updated list under 
        paragraph (1) not later than 15 days after the date on which 
        the Secretary makes any modification to the list.

SEC. 5. INITIAL REPORT.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report describing those 
programs, projects, and activities funded by the United States 
Government that have been or will be suspended by reason of withholding 
of funds under section 4.
    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form but may include a classified annex.

SEC. 6. ANNUAL REPORT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter for 6 years, the 
Secretary of State shall submit to the appropriate congressional 
committees a report including at a minimum the following elements:
            (1) An estimate of the amount expended by the Palestinian 
        Authority, the Palestine Liberation Organization, and any 
        successor or affiliated organizations during the previous 
        calendar year as payments for acts of terrorism by individuals 
        who are imprisoned for such acts.
            (2) An estimate of the amount expended by the Palestinian 
        Authority, the Palestine Liberation Organization, and any 
        successor or affiliated organizations during the previous 
        calendar year as payments to the families of deceased 
        individuals who committed an act of terrorism.
            (3) An overview of Palestinian laws, decrees, regulations, 
        or documents in effect the previous calendar year that 
        authorize or implement any payments reported under paragraphs 
        (1) and (2).
            (4) A description of United States Government policy, 
        efforts, and engagement with the Palestinian Authority in order 
        to confirm the revocation of any law, decree, regulation, or 
        document in effect the previous calendar year that authorizes 
        or implements any payments reported under paragraphs (1) and 
        (2).
            (5) A description of United States Government policy, 
        efforts, and engagement with other governments, and at the 
        United Nations, to highlight the issue of Palestinian payments 
        for acts of terrorism and to urge other nations to join the 
        United States in calling on the Palestinian Authority to 
        immediately cease such payments.
    (b) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form but may include a classified annex.

SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Appropriations and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate.

            Passed the House of Representatives December 5, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
                                                       Calendar No. 278

115th CONGRESS

  1st Session

                               H. R. 1164

_______________________________________________________________________

                                 AN ACT

   To condition assistance to the West Bank and Gaza on steps by the 
  Palestinian Authority to end violence and terrorism against Israeli 
                               citizens.

_______________________________________________________________________

                            December 7, 2017

                 Read twice and placed on the calendar