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DAV18144 S.L.C.

AMENDMENT NO.llll Calendar No.lll


Purpose: In the nature of a substitute.

IN THE SENATE OF THE UNITED STATES—115th Cong., 2d Sess.

H. R. 1164

To condition assistance to the West Bank and Gaza on


steps by the Palestinian Authority to end violence and
terrorism against Israeli citizens.
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT IN THE NATURE OF A SUBSTITUTE intended
to be proposed by Mr. CORKER
Viz:
1 Strike all after the enacting clause and insert the fol-
2 lowing:
3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Taylor Force Act’’.


5 SEC. 2. FINDINGS.

6 Congress makes the following findings:


7 (1) The Palestinian Authority’s practice of pay-
8 ing salaries to terrorists serving in Israeli prisons, as
9 well as to the families of deceased terrorists, is an
10 incentive to commit acts of terror.
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1 (2) The United States does not provide direct
2 budgetary support to the Palestinian Authority. The
3 United States does pay certain debts held by the
4 Palestinian Authority and fund programs which the
5 Palestinian Authority would otherwise be responsible
6 for.
7 (3) The United States Government supports
8 community-based programs in the West Bank and
9 Gaza that provide for basic human needs, such as
10 food, water, health, shelter, protection, education
11 and livelihoods, and that promote peace and develop-
12 ment.
13 (4) Since fiscal year 2015, annual appropria-
14 tions legislation has provided for the reduction of
15 Economic Support Fund aid for the Palestinian Au-
16 thority ‘‘by an amount the Secretary determines is
17 equivalent to the amount expended by the Pales-
18 tinian Authority as payments for acts of terrorism
19 by individuals who are imprisoned after being fairly
20 tried and convicted for acts of terrorism and by indi-
21 viduals who died committing acts of terrorism dur-
22 ing the previous calendar year’’.
23 SEC. 3. SENSE OF CONGRESS.

24 Congress—
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1 (1) calls on the Palestinian Authority to stop
2 these payments and repeal the laws authorizing
3 them;
4 (2) calls on all donor countries providing budg-
5 etary assistance to the Palestinian Authority to
6 cease direct budgetary support until the Palestinian
7 Authority stops all payments incentivizing terror;
8 (3) supports the creation of a general welfare
9 system, available to all Palestinian citizens within
10 the jurisdictional control of the Palestinian Author-
11 ity;
12 (4) urges the United States Permanent Rep-
13 resentative to the United Nations to use that posi-
14 tion to highlight the issue of Palestinian Authority
15 payments for acts of terrorism and to urge other
16 member nations of the Security Council and the
17 General Assembly to join the United States in call-
18 ing on the Palestinian Authority to end this system
19 immediately; and
20 (5) urges the Department of State to use its bi-
21 lateral and multilateral engagements with all govern-
22 ments and organizations committed to the cause of
23 peace to highlight the issue of Palestinian Authority
24 payments for acts of terrorism and join the United
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1 States in calling on the Palestinian Authority to end
2 this system immediately.
3 SEC. 4. LIMITATION ON ASSISTANCE TO THE WEST BANK

4 AND GAZA.

5 (a) LIMITATION.—
6 (1) IN GENERAL.—Funds appropriated or oth-
7 erwise made available for assistance under chapter 4
8 of part II of the Foreign Assistance Act of 1961 (22
9 U.S.C. 2346 et seq.; relating to Economic Support
10 Fund) and available for assistance for the West
11 Bank and Gaza that directly benefit the Palestinian
12 Authority may only be made available for such pur-
13 pose if the Secretary of State certifies in writing to
14 the appropriate congressional committees that the
15 Palestinian Authority, the Palestine Liberation Or-
16 ganization, and any successor or affiliated organiza-
17 tions—
18 (A) are taking credible steps to end acts of
19 violence against Israeli citizens and United
20 States citizens that are perpetrated by individ-
21 uals under its jurisdictional control, such as the
22 March 2016 attack that killed former United
23 States Army officer Taylor Force, a veteran of
24 the wars in Iraq and Afghanistan;
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1 (B) have terminated payments for acts of
2 terrorism against Israeli citizens and United
3 States citizens to any individual, after being
4 fairly tried, who has been imprisoned for such
5 acts of terrorism and to any individual who died
6 committing such acts of terrorism, including to
7 a family member of such individuals;
8 (C) have revoked any law, decree, regula-
9 tion, or document authorizing or implementing
10 a system of compensation for imprisoned indi-
11 viduals that uses the sentence or period of in-
12 carceration of an individual to determine the
13 level of compensation paid; and
14 (D) are publicly condemning such acts of
15 violence and are taking steps to investigate or
16 are cooperating in investigations of such acts to
17 bring the perpetrators to justice.
18 (b) EXCEPTION.—The limitation on assistance under
19 subsection (a) shall not apply to payments made to the
20 East Jerusalem Hospital Network.
21 (c) TREATMENT OF FUNDS WITHHELD.—Funds
22 withheld pursuant to this section—
23 (1) shall be deemed to satisfy any similar with-
24 holding or reduction required under any other provi-
25 sion of law; and
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1 (2) shall be in an amount that is not less than
2 the total amount required by such other provision of
3 law.
4 (d) REPORT.—
5 (1) IN GENERAL.—If the Secretary of State is
6 unable to certify in writing to the appropriate con-
7 gressional committees that the Palestinian Author-
8 ity, the Palestine Liberation Organization, and any
9 successor or affiliated organizations have met the
10 conditions described in subsection (a), the Secretary
11 shall, not later than 60 days after the date on which
12 the Secretary is unable to make such certification,
13 submit to the appropriate congressional committees
14 a report that contains the following elements:
15 (A) The reasons why the Secretary was
16 unable to certify in writing that such organiza-
17 tions have met such requirements.
18 (B) The definition of ‘‘acts of terrorism’’
19 that the Secretary used for purposes of making
20 the determination in subparagraph (B) of sub-
21 section (a)(1).
22 (C) The total amount of funds to be with-
23 held.
24 (D) A description of the programs,
25 projects, and activities funded by the United
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1 States Government that have been or will be
2 suspended by reason of withholding of funds
3 under this section.
4 (2) FORM.—The report required by this sub-
5 section shall be submitted in unclassified form but
6 may include a classified annex.
7 (e) LIST OF CRITERIA.—
8 (1) IN GENERAL.—Not later than 15 days after
9 the date of enactment of this Act, the Secretary of
10 State shall submit to the appropriate congressional
11 committees a list of the criteria that the Secretary
12 uses to determine whether assistance for the West
13 Bank and Gaza is assistance that directly benefits
14 the Palestinian Authority for purposes of carrying
15 out this section.
16 (2) UPDATE.—The Secretary of State shall
17 submit to the appropriate congressional committees
18 an updated list under paragraph (1) not later than
19 15 days after the date on which the Secretary makes
20 any modification to the list.
21 SEC. 5. CONTINUOUS CERTIFICATION.

22 Following a certification by the Secretary of State in


23 accordance with section 4, funds appropriated or otherwise
24 made available for assistance under chapter 4 of part II
25 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346
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1 et seq.; relating to Economic Support Fund) and available
2 for assistance for the West Bank and Gaza that directly
3 benefit the Palestinian Authority, may only continue to be
4 made available for such purpose if, not later than 180
5 days after such certification, and every 180 days there-
6 after, the Secretary of State issues a subsequent certifi-
7 cation that the Palestinian Authority continues to comply
8 with criteria set forth in section 4(a)(1).
9 SEC. 6. PALESTINIAN AUTHORITY ACCOUNTABILITY FUND.

10 (a) ESTABLISHMENT OF FUND.—There is estab-


11 lished in the Treasury a fund to be known as the ‘‘Pales-
12 tinian Authority Accountability Fund’’ (PAAF). The
13 PAAF shall consist of funds withheld under sections 4 and
14 5.
15 (b) INVESTMENTS.—The Secretary of State shall in-
16 vest funds in the PAAF in an interest-bearing obligation
17 of the United States Government, or an obligation that
18 has its principal and interest guaranteed by the Govern-
19 ment, that the Secretary determines has a maturity suit-
20 able for the Fund.
21 (c) USE OF FUNDS.—Funds from the PAAF may be
22 made available upon a certification by the Secretary of
23 State that the Palestinian Authority has met the condi-
24 tions set forth in section 4(a).
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1 (d) DISPOSITION OF UNUSED FUNDS.—On the date
2 that is one year after the date of the enactment of this
3 Act, and annually thereafter, all funds that are in the
4 PAAF shall be withdrawn and made available to the De-
5 partment of State for the purpose of assistance other than
6 that deemed benefitting the Palestinian Authority.
7 SEC. 7. ANNUAL REPORT.

8 (a) IN GENERAL.—Not later than 180 days after the


9 date of the enactment of this Act, and annually thereafter,
10 the Secretary of State shall submit to the appropriate con-
11 gressional committees a report including at a minimum
12 the following elements:
13 (1) An estimate of the amount expended by the
14 Palestinian Authority, the Palestine Liberation Or-
15 ganization, and any successor or affiliated organiza-
16 tions during the previous calendar year as payments
17 for acts of terrorism by individuals who are impris-
18 oned for such acts.
19 (2) An estimate of the amount expended by the
20 Palestinian Authority, the Palestine Liberation Or-
21 ganization, and any successor or affiliated organiza-
22 tions during the previous calendar year as payments
23 to the families of deceased individuals who com-
24 mitted an act of terrorism.
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1 (3) An overview of Palestinian laws, decrees,
2 regulations, or documents in effect the previous cal-
3 endar year that authorize or implement any pay-
4 ments reported under paragraphs (1) and (2).
5 (4) A description of United States Government
6 policy, efforts, and engagement with the Palestinian
7 Authority in order to confirm the revocation of any
8 law, decree, regulation, or document in effect the
9 previous calendar year that authorizes or implements
10 any payments reported under paragraphs (1) and
11 (2).
12 (5) A description of United States Government
13 policy, efforts, and engagement with other govern-
14 ments, and at the United Nations, to highlight the
15 issue of Palestinian payments for acts of terrorism
16 and to urge other nations to join the United States
17 in calling on the Palestinian Authority to end this
18 system immediately.
19 (b) FORM OF REPORT.—The report required by sub-
20 section (a) shall be submitted in unclassified form but may
21 include a classified annex.
22 SEC. 8. APPROPRIATE CONGRESSIONAL COMMITTEES DE-

23 FINED.

24 In this Act, the term ‘‘appropriate congressional com-


25 mittees’’ means—
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1 (1) the Committee on Appropriations and the
2 Committee on Foreign Relations of the Senate; and
3 (2) the Committee on Appropriations and the
4 Committee on Foreign Affairs of the House of Rep-
5 resentatives.