49–006 

109TH CONGRESS REPT. 109–462 " ! HOUSE OF REPRESENTATIVES 2d Session Part 2 

PALESTINIAN ANTI-TERRORISM ACT OF 2006 

MAY 15, 2006.—Ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 4681] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 4681) to promote the development of democratic institutions 

in areas under the administrative control of the Palestinian Authority, and for other purposes, having considered the same, report 

favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 1 

Purpose and Summary ............................................................................................ 7 

Background and Need for the Legislation ............................................................. 8 

Hearings ................................................................................................................... 9 

Committee Consideration ........................................................................................ 9 

Vote of the Committee ............................................................................................. 9 

Committee Oversight Findings ............................................................................... 9 

New Budget Authority and Tax Expenditures ...................................................... 9 

Congressional Budget Office Cost Estimate .......................................................... 9 

Performance Goals and Objectives ......................................................................... 11 

Constitutional Authority Statement ...................................................................... 11 

Section-by-Section Analysis and Discussion .......................................................... 11 

Changes in Existing Law Made by the Bill, as Reported ..................................... 12 

Markup Transcript .................................................................................................. 13 

THE AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SEC. 1. SHORT TITLE. 

This Act may be cited as the ‘‘Palestinian Anti-Terrorism Act of 2006’’. 


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SEC. 2. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. 

(a) DECLARATION OF POLICY.—It shall be the policy of the United States—

(1) to support a peaceful, two-state solution to end 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 (commonly referred to as the ‘‘Roadmap’’); 

(2) to oppose those organizations, individuals, and countries that support terrorism and violence; 

(3) to urge members of the international community to avoid contact with and 

refrain from financially supporting the terrorist organization Hamas or a 

Hamas-controlled Palestinian Authority until Hamas agrees to recognize Israel, 

renounce violence, disarm, and accept prior agreements, including the Roadmap; 

(4) to promote the emergence of a democratic Palestinian governing authority 

that—

(A) denounces and combats terrorism; 

(B) has agreed to and is taking action to disarm and dismantle any terrorist agency, network, or facility; 

(C) has agreed to work to eliminate anti-Israel and anti-Semitic incitement and the commemoration of terrorists in Palestinian society; 

(D) has agreed to respect the sovereignty of its neighbors; 

(E) acknowledges, respects, and upholds the human rights of all people; 

(F) implements the rule of law, good governance, and democratic practices, including conducting free, fair, and transparent elections in compliance with international standards; 

(G) ensures institutional and financial transparency and accountability; 

and 

(H) has agreed to recognize the State of Israel as an independent, sovereign, Jewish, democratic state; and 

(5) to continue to support assistance to the Palestinian people. 

(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.—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; 


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‘‘(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 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) EXCEPTIONS.—

‘‘(1) IN GENERAL.—Subsection (a) shall not apply with respect to the following: 

‘‘(A) ASSISTANCE TO INDEPENDENT ELECTIONS COMMISSIONS.—Assistance 

to any Palestinian independent election commission if the President transmits to Congress a certification that contains a determination of the President that—

‘‘(i) no member of such commission is a member of, affiliated with, 

or appointed by a foreign terrorist organization; and 

‘‘(ii) each member of such commission is independent of the influence 

of any political party or movement. 

‘‘(B) ASSISTANCE TO SUPPORT THE MIDDLE EAST PEACE PROCESS.—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 or for the personal security detail of the President of the Palestinian Authority if the President transmits to Congress a 

certification that contains a determination of the President that—

‘‘(i) such assistance is critical to facilitating a peaceful resolution of 

the Israeli-Palestinian conflict; 

‘‘(ii) 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; 

‘‘(iii) 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 

‘‘(iv) such assistance will not be retransferred to any other entity 

within or outside of the Palestinian Authority except as payment for 

legal goods or services rendered. 

‘‘(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). 

‘‘(3) DEFINITION.—In this subsection, 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. 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) FOREIGN TERRORIST ORGANIZATION.—The term ‘foreign terrorist organization’ means an organization designated as a foreign terrorist organization by 


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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’ 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.’’. (c) APPLICABILITY TO UNEXPENDED FUNDS.—Section 620K of the Foreign Assistance Act of 1961, as added by subsection (b), 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. 

(d) 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. 

(e) 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 added by subsection (b), in providing direct assistance to 

the Palestinian Authority under any provision of law other than the Foreign Assistance Act of 1961. 

SEC. 3. LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA. 

(a) AMENDMENT.—Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 

U.S.C. 2351 et seq.), as amended by section 2(b)(2) of this Act, is further amended 

by adding at the end the following new section: 

‘‘SEC. 620L. LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA. 

‘‘(a) LIMITATION.—Except as provided in subsection (d), assistance may be provided under this Act to nongovernmental organizations for the West Bank and Gaza 

only during a period for which a certification described in section 620K(b) of this 

Act is in effect with respect to the Palestinian Authority. ‘‘(b) MARKING REQUIREMENT.—Assistance provided under this Act to nongovernmental organizations for the West Bank and Gaza shall be marked as assistance 

from the Government of the United States unless the Secretary of State or the Administrator of the United States Agency for International Development determines 

that such marking will endanger the lives or safety of persons delivering or receiving such assistance or would have a material adverse effect on the implementation 

of such assistance. ‘‘(c) CONGRESSIONAL NOTIFICATION.—Assistance made available under this Act to 

nongovernmental organizations for the West Bank and Gaza 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. 

‘‘(d) EXCEPTIONS.—Subsection (a) shall not apply with respect to the following: 

‘‘(1) ASSISTANCE TO MEET BASIC HUMAN HEALTH NEEDS.—The provision of food, 

water, medicine, sanitation services, or other assistance to directly meet basic 

human health needs. 

‘‘(2) OTHER TYPES OF ASSISTANCE.—The provision of any other type of assistance if the President—

‘‘(A) determines that the provision of such assistance will further the national security interests of the United States; and 

‘‘(B) not less than 25 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) and an explanation of how failure to provide the proposed assistance would be inconsistent with furthering the national security interests of the United States. 

‘‘(3) DEFINITION.—In this subsection, the term ‘appropriate congressional committees’ means—

‘‘(A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and 


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‘‘(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.’’. 

(b) OVERSIGHT AND RELATED REQUIREMENTS.—

(1) OVERSIGHT.—For each of the fiscal years 2007 and 2008, the Secretary of 

State shall certify to the appropriate congressional committees not later than 

30 days prior to the initial obligation of amounts for assistance to nongovernmental organizations for the West Bank or Gaza under the Foreign Assistance 

Act of 1961 that procedures have been established to ensure that the Comptroller General of the United States will have access to appropriate United 

States financial information in order to review the use of such assistance. 

(2) VETTING.—Prior to any obligation of amounts for assistance to nongovernmental organizations for the West Bank or Gaza under the Foreign Assistance 

Act of 1961, the Secretary of State shall take all appropriate steps to ensure 

that such assistance is not provided to or through any individual or entity that 

the Secretary knows, or has reason to believe, advocates, plans, sponsors, engages in, or has engaged in, terrorist activity. The Secretary shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this 

paragraph and shall terminate assistance to any individual or entity that the 

Secretary has determined advocates, plans, sponsors, or engages in terrorist activity. 

(3) PROHIBITION.—No amounts made available for any fiscal year for assistance to nongovernmental organizations for the West Bank or Gaza under the 

Foreign Assistance Act of 1961 may be made available for the purpose of recognizing or otherwise honoring individuals or the families of individuals who commit, or have committed, acts of terrorism. 

(4) AUDITS.—

(A) IN GENERAL.—The Administrator of the United States Agency for 

International Development shall ensure that independent audits of all contractors and grantees, and significant subcontractors and subgrantees, that 

receive amounts for assistance to nongovernmental organizations for the 

West Bank or Gaza under the Foreign Assistance Act of 1961 are conducted 

to ensure, among other things, compliance with this subsection. 

(B) AUDITS BY INSPECTOR GENERAL OF USAID.—Of the amounts available 

for any fiscal year for assistance to nongovernmental organizations for the 

West Bank or Gaza under the Foreign Assistance Act of 1961, up to 

$1,000,000 for each such fiscal year may be used by the Office of the Inspector General of the United States Agency for International Development for 

audits, inspections, and other activities in furtherance of the requirements 

of subparagraph (A). Such amounts are in addition to amounts otherwise 

available for such purposes. 

(c) SENSE OF CONGRESS.—It is the sense of Congress that the President should 

be guided by the principles and procedures described in section 620L of the Foreign 

Assistance Act of 1961, as added by subsection (a), in providing assistance to nongovernmental organizations for the West Bank and Gaza under any provision of law 

other than the Foreign Assistance Act of 1961. 

SEC. 4. 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. 


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(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 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 such recommendations have been implemented, the Secretary of State is authorized to 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). 

(d) WITHHOLDING OF FUNDS WITH RESPECT TO THE PALESTINIAN AUTHORITY.—The 

Secretary of State is authorized to 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 any United 

Nations affiliated or specialized agency that provides assistance directly to 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. 

SEC. 5. 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 Palestinian 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. 6. 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—

(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’’). 

SEC. 7. TRAVEL RESTRICTIONS ON OFFICIALS AND REPRESENTATIVES OF THE PALESTINIAN 

AUTHORITY AND THE PALESTINE LIBERATION ORGANIZATION STATIONED AT THE 

UNITED NATIONS IN NEW YORK CITY. 

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 added by section 2(b)(2) of 

this Act) is not in effect with respect to the Palestinian Authority. 

SEC. 8. 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 or the Palestine Liberation 

Organization 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.—


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(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), including steps necessary to apply the policies and provisions 

of subsection (a) to the Permanent Observer Mission of Palestine to the United 

Nations. 

(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). 

(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 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. 

(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. 

SEC. 9. 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 during any period for which a certification described in section 620K(b) of the Foreign Assistance of 1961 (as added by section 2(b)(2) of this 

Act) is not in effect with respect to the Palestinian Authority. 

(b) 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. 

SEC. 10. DIPLOMATIC CONTACTS WITH PALESTINIAN TERROR ORGANIZATIONS. 

It shall be the policy of the United States that no officer or employee of the United 

States Government shall negotiate or have substantive contacts 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, unless and until such organization—

(1) recognizes Israel’s right to exist; 

(2) renounces the use of terrorism; 

(3) dismantles the infrastructure necessary to carry out terrorist acts, including the disarming of militias and the elimination of all instruments of terror; 

and 

(4) recognizes and accepts all previous agreements and understandings between the State of Israel and the Palestine Liberation Organization and the 

Palestinian Authority. 

SEC. 11. 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 of 

1961 (as added by section 2(b)(2) of this Act). 

PURPOSE AND SUMMARY

H.R. 4681, the ‘‘Palestinian Anti-Terrorism Act of 2006,’’ both 

demonstrates Congress’ disapproval of the policies of the new 

Hamas-dominated government of the Palestinian Authority and 

prevents United States’ taxpayer funds from supporting Hamas. 

This legislation primarily falls under the jurisdiction of the House 

Committee on International Relations. However, the legislation as 

reported by the International Relations Committee contains provisions that fall within the House Committee on the Judiciary’s jurisVerDate Aug 31 2005 02:24 May 16, 2006 Jkt 049006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\HR462P2.XXX HR462P2

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1The Secretary of State designated Hamas as a foreign terrorist organizati pursuant to section 219 of the Immigration and Nationality Act on October 8, 1997. See 62 Fed. Reg. 52650 

(1997). 

diction. The bill provides that 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 the 

President has not certified that the Authority is taking a number 

of enumerated steps to reject terrorism and embrace peace with 

Israel. H.R. 4681 also provides the Attorney General with the authority to enforce a provision of the bill, which makes it 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 or the Palestine Liberation Organization; 

and grants the relevant district court the ability to grant injunctive 

relief. 

BACKGROUND AND NEED FOR THE LEGISLATION

The United States has provided hundreds of millions of dollars 

in assistance to the Palestinian people since the beginning of the 

Oslo peace process. Hamas, the Arabic acronym for the ‘‘Islamic 

Resistance Movement,’’ is a terrorist organization responsible for 

the deaths of many innocent Israelis and Americans.1 It also acts 

in the political sphere and carries on welfare activities in support 

of its larger aim of remaking the Palestinian Authority as an Islamic state and destroying Israel. Hamas won a significant majority of the seats in the Palestinian elections in January of 2006. 

The bill provides that with certain exceptions the United States 

government can only give assistance to the Palestinian Authority 

during a period for which a Presidential certification finds that 1) 

no ministry, agency, or instrumentality of the Authority is controlled by a foreign terrorist organization; 2) no member of a foreign terrorist organization serves in a senior policy making position 

in a ministry, agency, or instrumentality of the Authority; 3) the 

Authority has publicly acknowledged Israel’s right to exist as a 

Jewish state; 4) the Authority has recommitted itself and is adhering to all previous agreements and understandings by the Palestine 

Liberation Organization and the Authority with the United States, 

Israel, and the international community (including the ‘‘Roadmap 

to Peace’’); and 5) the Authority has taken effective steps and made 

demonstrable progress toward completing the process of purging 

from its security services individuals with ties to terrorism, 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, halting 

all anti-Israel incitement in authority-controlled electronic and 

print media and in schools, mosques, and other institutions it controls, and replacing these materials, including textbooks, with material that promote tolerance, peace, and coexistence with Israel, 

ensuring democracy, the rule of law, and an independent judiciary, 

and adopting other reforms such as ensuring transparent and accountable governance, and ensuring the financial transparency and 

accountability of all government ministries and operations. 


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The bill provides that 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 such a certification is not in effect. This bar to visa issuance 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 such an alien is important to the national security interests 

of the United States or with respect to visas issued in connection 

with United States obligations to let officials of governments into 

the United States for United Nations business. 

The bill also provides that it shall be unlawful to establish or 

maintain an office within the jurisdiction of the United States at 

the behest or direction of, or with funds provided by, the Palestinian Authority or the Palestine Liberation Organization during 

any period for which a Presidential certification is not in effect 

with respect to the Authority (the President is provided with waiver authority.) The Attorney General shall take the necessary steps 

and institute the necessary legal action to effectuate this provision, 

including steps necessary to apply it to the Permanent Observer 

Mission of Palestine to the United Nations. 

HEARINGS

The Committee on the Judiciary held no hearings on H.R. 4681. 

COMMITTEE CONSIDERATION

On May 10, 2006, the Committee met in open session and ordered favorably reported the bill H.R. 4681 with an amendment by 

voice vote, a quorum being present. 

VOTE OF THE COMMITTEE

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee notes that there were no 

recorded votes during the Committee consideration of H.R. 4681. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 4681, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, May 11, 2006. 

Hon. F. JAMES SENSENBRENNER, Jr., 

Chairman, Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4681, the ‘‘Palestinian 

Anti-Terrorism Act of 2006.’’

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Sam Papenfuss, who can 

be reached at 226–2840. 

Sincerely, 

DONALD B. MARRON, 

Acting Director. 

Enclosure. 

H.R. 4681—Palestinian Anti-Terrorism Act of 2006. 

H.R. 4681 would impose restrictions on aid provided to the Palestinian Authority (PA) and impose other restrictions on activity by 

the PA and its officials in the United States. CBO estimates that 

implementing H.R. 4681 would have no significant budgetary impact because the Administration has effectively implemented the 

provisions in the bill. CBO estimates that the bill would not affect 

direct spending or receipts. H.R. 4681 contains no intergovernmental or private-sector mandates as defined in the Unfunded 

Mandates Reform Act and would not affect the budgets of state, 

local, or tribal governments. 

Section 2 would prohibit the United States from providing aid to 

the PA unless the President has certified that: 

• No elements of the PA have any ties to terrorist organizations, 

• The PA has publicly recognized Israel’s right to exist as a 

Jewish state, 

• The PA is recognizing and following previous agreements 

with respect to establishing peace between Israel and the 

PA, 

• The PA is working to eliminate terrorism in its jurisdiction, 

and 

• The PA is moving towards a more transparent and accountable government. 

The prohibition would not apply to support for independent elections commissions and the Middle East peace process. 

Section 3 would allow aid to the West Bank or Gaza only if such 

aid promotes the national security interests of the United States 

and for basic human health needs, such as water, food, medicine, 

or sanitation. According to the Department of State, this humanitarian aid will total about $250 million in 2006 (from funds already 

appropriated), though aid for future years is uncertain. 

Section 4 would authorize the Secretary of State to withhold, in 

part, U. S. contributions to the assessed budget of the United Nations (UN) under the following conditions: 


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11 

2See section 212(a)(3)(B)(i)(IV)(aa), (V) of the Immigration and Nationality Act. The Attorney 

General may waive these grounds of inadmissability to allow aliens to come temporarily to the 

United States. See section 212(d)(3) of the INA. 

• The UN fails to implement recommendations from an audit 

of its approach to Israeli-Palestinian issues, or 

• UN specialized or affiliated agencies provide direct assistance to the PA. 

Based on information from the Department of State, CBO does 

not expect that these conditions would be met. Consequently, the 

department would continue to make contributions. (Enacting the 

bill could result in direct spending savings if the department does 

withhold contributions after the appropriation of funds for that 

purpose, because it would affect outlays from funds already appropriated. However, CBO believes that action would be unlikely.) 

On May 4, 2006, CBO transmitted an estimate for H.R. 4681 as 

ordered reported by the House Committee on International Relations on April 6, 2006. The two versions of the bill are similar, and 

our estimates are identical. 

The CBO staff contact for this estimate is Sam Papenfuss, who 

can be reached at 226–2840. This estimate was approved by Peter 

H. Fontaine, Deputy Assistant Director for Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of Rule XIII 

of the Rules of the House of Representatives, H.R. 4681 provides 

that 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 the President has not certified 

that the Palestinian Authority is taking a number of enumerated 

steps to reject terrorism and embrace peace with Israel. The bill 

also provides that it shall be unlawful to establish or maintain an 

office within the jurisdiction of the United States at the behest or 

direction of, or with funds provided by, the Palestinian Authority 

or the Palestine Liberation Organization during any period for 

which a Presidential certification is not in effect with respect to the 

Authority (the President is provided with waiver authority.) The 

Attorney General shall take the necessary steps and institute the 

necessary legal action to effectuate this provision, including steps 

necessary to apply it to the Permanent Observer Mission of Palestine to the United Nations. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in art. I, § 8, of the Constitution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

The following is a section-by-section analysis and discussion of 

the provisions within the Committee on the Judiciary’s jurisdiction. 

Under current law, representatives and members of Hamas are 

inadmissable into the United States.2 Section 6 provides that 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 


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12 

3Sections 11 and 13 of the Agreement Between the United Nations and the United States 

of America Regarding the Headquarters of the United Nations, contained in J. Res., 61 Stat. 

756 (August 4, 1947). 

any period for which such a certification is not in effect. This bar 

to visa issuance shall not apply if the President determines and 

certifies to the appropriate congressional Committees, on a case-bycase basis, that the issuance of a visa to such an alien is important 

to the national security interests of the United States or with respect to visas issued in connection with United States obligations 

under the United Nations Headquarters Agreement Act of 1947 

(‘‘UNHAA’’). The UNHAA provides that ‘‘[t]he Federal, State or 

local authorities of the United States shall not impose any impediments to transit to or from the headquarters district of . . . representatives of Members or officials of the United Nations . . . 

[and that L]aws and regulations in force in the United States regarding the entry of aliens shall not be applied in such manner as 

to interfere with th[ese] privileges....’’ 3

Subsection (a) of Section 8 provides that 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 

or the Palestine Liberation Organization during any period for 

which a Presidential certification (described above) is not in effect 

with respect to the PA. 

Subsection (b) of section 8 provides that the Attorney General 

shall take the necessary steps and institute the necessary legal action to effectuate the policies and provisions of subsection (a), including steps necessary to apply the policies and provisions of subsection (a) to the Permanent Observer Mission of Palestine to the 

United Nations. 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). 

Subsection (c) provides that 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 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. The President may renew the waiver for successive 180-day periods if the 

President makes the necessary determination and certification for 

each such period. 

Language added by the Committee to extend enforcement of Section 8(a) to the Permanent Observer Mission to the United Nations 

is necessary to direct the Attorney General to follow past precedent 

in his enforcement activities and eliminate ambiguity in the legislative text. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

The bill was referred to this Committee for consideration of such 

provisions of the bill and the amendment as fall within the jurisdicVerDate Aug 31 2005 02:24 May 16, 2006 Jkt 049006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6601 E:\HR\OC\HR462P2.XXX HR462P2

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13 

tion of this committee pursuant to clause 1(l) of Rule X of the Rules 

of the House of Representatives. The changes made to existing law 

by the amendment reported by the Committee on International Relations are shown in the report filed by that Committee (Rept. 109– 462, Part 1). The amendments made by this Committee do not 

make any changes to existing law. 

MARKUP TRANSCRIPT

BUSINESS MEETING 

WEDNESDAY, MAY 10, 2006 

HOUSE OF REPRESENTATIVES, COMMITTEE ON THE JUDICIARY, Washington, DC. 

The Committee met, pursuant to notice, at 10:08 a.m., in Room 

2141, Rayburn House Office Building, the Honorable F. James Sensenbrenner, Jr. (Chairman of the Committee) presiding. 

[Intervening business.] 

Chairman SENSENBRENNER. Pursuant to notice, I now call up the 

bill H.R. 4681, the ‘‘Palestinian Anti-Terrorism Act of 2006,’’ for 

purposes of markup and move its favorable recommendation to the 

House. Without objection, the bill will be considered as read and 

open for amendment at any time, and the text as reported by the 

Committee on International Relations which the Members have before them will be considered as read, considered as the original text 

for purposes of amendment and open for amendment at any point. 

[The bill, H.R. 4681, follows:] 


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1

109TH CONGRESS

2D SESSION H. R. 4681

[Report No. 109–]

To 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

FEBRUARY 1, 2006

Ms. ROS-LEHTINEN (for herself, Mr. LANTOS, Mr. CANTOR, Mr. CHABOT, Mr.

ACKERMAN, Mr. ENGEL, Mr. PENCE, Mr. WELLER, Ms. HARRIS, Mr.

BURTON of Indiana, Mrs. MCCARTHY, Mr. CARDOZA, Mr. MACK, Ms.

BEAN, Mr. CROWLEY, Mr. LYNCH, Mrs. JO ANN DAVIS of Virginia, Mr.

CHANDLER, Mr. BROWN of South Carolina, Mr. MCCAUL of Texas, Mr.

KING of New York, Mr. ISRAEL, Ms. BERKLEY, Mr. POE, Mr. ROYCE,

Mrs. BLACKBURN, Mr. TANCREDO, Mr. SCHIFF, Mr. SHERMAN, and Mr.

NADLER) introduced the following bill; which was referred to the Committee on International Relations, 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

APRIL --, 2006

Reported from the Committee on International Relations with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on February 1, 2006]

A BILL

To promote the development of democratic institutions in

areas under the administrative control of the Palestinian

Authority, and for other purposes.

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2

•HR 4681 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SEC. 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Palestinian Anti-Ter5 rorism Act of 2006’’.

6 SEC. 2. LIMITATION ON ASSISTANCE TO THE PALESTINIAN

7 AUTHORITY.

8 (a) DECLARATION OF POLICY.—It shall be the policy

9 of the United States—

10 (1) to support a peaceful, two-state solution to

11 end the conflict between Israel and the Palestinians

12 in accordance with the Performance-Based Roadmap

13 to a Permanent Two-State Solution to the Israeli14 Palestinian Conflict (commonly referred to as the

15 ‘‘Roadmap’’);

16 (2) to oppose those organizations, individuals,

17 and countries that support terrorism and violence;

18 (3) to urge members of the international commu19 nity to avoid contact with and refrain from finan20 cially supporting the terrorist organization Hamas or

21 a Hamas-controlled Palestinian Authority until

22 Hamas agrees to recognize Israel, renounce violence,

23 disarm, and accept prior agreements, including the

24 Roadmap;

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3

•HR 4681 RH

1 (4) to promote the emergence of a democratic

2 Palestinian governing authority that—

3 (A) denounces and combats terrorism;

4 (B) has agreed to and is taking action to

5 disarm and dismantle any terrorist agency, net6 work, or facility;

7 (C) has agreed to work to eliminate anti8 Israel and anti-Semitic incitement and the com9 memoration of terrorists in Palestinian society;

10 (D) has agreed to respect the sovereignty of

11 its neighbors;

12 (E) acknowledges, respects, and upholds the

13 human rights of all people;

14 (F) implements the rule of law, good gov15 ernance, and democratic practices, including

16 conducting free, fair, and transparent elections

17 in compliance with international standards;

18 (G) ensures institutional and financial

19 transparency and accountability; and

20 (H) has agreed to recognize the State of

21 Israel as an independent, sovereign, Jewish,

22 democratic state; and

23 (5) to continue to support assistance to the Pal24 estinian people.

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4

•HR 4681 RH

1 (b) AMENDMENTS.—Chapter 1 of part III of the For2 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is

3 amended—

4 (1) by redesignating the second section 620G (as

5 added by section 149 of Public Law 104–164 (110

6 Stat. 1436)) as section 620J; and

7 (2) by adding at the end the following new sec8 tion:

9 ‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALES10 TINIAN AUTHORITY.

11 ‘‘(a) LIMITATION.—Except as provided in subsection

12 (e), assistance may be provided under this Act to the Pales13 tinian Authority only during a period for which a certifi14 cation described in subsection (b) is in effect.

15 ‘‘(b) CERTIFICATION.—A certification described in this

16 subsection is a certification transmitted by the President

17 to Congress that contains a determination of the President

18 that—

19 ‘‘(1) no ministry, agency, or instrumentality of

20 the Palestinian Authority is controlled by a foreign

21 terrorist organization and no member of a foreign ter22 rorist organization serves in a senior policy making

23 position in a ministry, agency, or instrumentality of

24 the Palestinian Authority;

25 ‘‘(2) the Palestinian Authority has—

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5

•HR 4681 RH

1 ‘‘(A) publicly acknowledged Israel’s right to

2 exist as a Jewish state; and

3 ‘‘(B) recommitted itself and is adhering to

4 all previous agreements and understandings by

5 the Palestine Liberation Organization and the

6 Palestinian Authority with the Government of

7 the United States, the Government of Israel, and

8 the international community, including agree9 ments and understandings pursuant to the Per10 formance-Based Roadmap to a Permanent Two11 State Solution to the Israeli-Palestinian Conflict

12 (commonly referred to as the ‘Roadmap’); and

13 ‘‘(3) the Palestinian Authority has taken effective

14 steps and made demonstrable progress toward—

15 ‘‘(A) completing the process of purging from

16 its security services individuals with ties to ter17 rorism;

18 ‘‘(B) dismantling all terrorist infrastruc19 ture, confiscating unauthorized weapons, arrest20 ing and bringing terrorists to justice, destroying

21 unauthorized arms factories, thwarting and pre22 empting terrorist attacks, and fully cooperating

23 with Israel’s security services;

24 ‘‘(C) halting all anti-Israel incitement in

25 Palestinian Authority-controlled electronic and

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6

•HR 4681 RH

1 print media and in schools, mosques, and other

2 institutions it controls, and replacing these ma3 terials, including textbooks, with materials that

4 promote tolerance, peace, and coexistence with

5 Israel;

6 ‘‘(D) ensuring democracy, the rule of law,

7 and an independent judiciary, and adopting

8 other reforms such as ensuring transparent and

9 accountable governance; and

10 ‘‘(E) ensuring the financial transparency

11 and accountability of all government ministries

12 and operations.

13 ‘‘(c) RECERTIFICATIONS.—Not later than 90 days after

14 the date on which the President transmits to Congress an

15 initial certification under subsection (b), and every six

16 months thereafter—

17 ‘‘(1) the President shall transmit to Congress a

18 recertification that the requirements contained in sub19 section (b) are continuing to be met; or

20 ‘‘(2) if the President is unable to make such a

21 recertification, the President shall transmit to Con22 gress a report that contains the reasons therefor.

23 ‘‘(d) CONGRESSIONAL NOTIFICATION.—Assistance

24 made available under this Act to the Palestinian Authority

25 may not be provided until 15 days after the date on which

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7

•HR 4681 RH

1 the President has provided notice thereof to the Committee

2 on International Relations and the Committee on Appro3 priations of the House of Representatives and to the Com4 mittee on Foreign Relations and the Committee on Appro5 priations of the Senate in accordance with the procedures

6 applicable to reprogramming notifications under section

7 634A(a) of this Act.

8 ‘‘(e) EXCEPTIONS.—

9 ‘‘(1) IN GENERAL.—Subsection (a) shall not

10 apply with respect to the following:

11 ‘‘(A) ASSISTANCE TO INDEPENDENT ELEC12 TIONS COMMISSIONS.—Assistance to any Pales13 tinian independent election commission if the

14 President transmits to Congress a certification

15 that contains a determination of the President

16 that—

17 ‘‘(i) no member of such commission is

18 a member of, affiliated with, or appointed

19 by a foreign terrorist organization; and

20 ‘‘(ii) each member of such commission

21 is independent of the influence of any polit22 ical party or movement.

23 ‘‘(B) ASSISTANCE TO SUPPORT THE MIDDLE

24 EAST PEACE PROCESS.—Assistance to the Office

25 of the President of the Palestinian Authority for

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8

•HR 4681 RH

1 non-security expenses directly related to facili2 tating a peaceful resolution of the Israeli-Pales3 tinian conflict or for the personal security detail

4 of the President of the Palestinian Authority if

5 the President transmits to Congress a certifi6 cation that contains a determination of the

7 President that—

8 ‘‘(i) such assistance is critical to facili9 tating a peaceful resolution of the Israeli10 Palestinian conflict;

11 ‘‘(ii) the President of the Palestinian

12 Authority is not a member of or affiliated

13 with a foreign terrorist organization and

14 has rejected the use of terrorism to resolve

15 the Israeli-Palestinian conflict;

16 ‘‘(iii) such assistance will not be used

17 to provide funds to any individual who is

18 a member of or affiliated with a foreign ter19 rorist organization or who has not rejected

20 the use of terrorism to resolve the Israeli21 Palestinian conflict; and

22 ‘‘(iv) such assistance will not be re23 transferred to any other entity within or

24 outside of the Palestinian Authority except

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9

•HR 4681 RH

1 as payment for legal goods or services ren2 dered.

3 ‘‘(2) ADDITIONAL REQUIREMENTS.—Assistance

4 described paragraph (1) may be provided only if the

5 President—

6 ‘‘(A) determines that the provision of such

7 assistance is important to the national security

8 interests of the United States; and

9 ‘‘(B) not less than 30 days prior to the obli10 gation of amounts for the provision of such

11 assistance—

12 ‘‘(i) consults with the appropriate con13 gressional committees regarding the specific

14 programs, projects, and activities to be car15 ried out using such assistance; and

16 ‘‘(ii) submits to the appropriate con17 gressional committees a written memo18 randum that contains the determination of

19 the President under subparagraph (A).

20 ‘‘(3) DEFINITION.—In this subsection, the term

21 ‘appropriate congressional committees’ means—

22 ‘‘(A) the Committee on International Rela23 tions and the Committee on Appropriations of

24 the House of Representatives; and

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10

•HR 4681 RH

1 ‘‘(B) the Committee on Foreign Relations

2 and the Committee on Appropriations of the

3 Senate.

4 ‘‘(f) DEFINITIONS.—In this section:

5 ‘‘(1) FOREIGN TERRORIST ORGANIZATION.—The

6 term ‘foreign terrorist organization’ means an organi7 zation designated as a foreign terrorist organization

8 by the Secretary of State in accordance with section

9 219(a) of the Immigration and Nationality Act (8

10 U.S.C. 1189(a)).

11 ‘‘(2) PALESTINIAN AUTHORITY.—The term ‘Pal12 estinian Authority’ means the interim Palestinian

13 administrative organization that governs part of the

14 West Bank and all of the Gaza Strip (or any suc15 cessor Palestinian governing entity), including the

16 Palestinian Legislative Council.’’.

17 (c) APPLICABILITY TO UNEXPENDED FUNDS.—Section

18 620K of the Foreign Assistance Act of 1961, as added by

19 subsection (b), applies with respect to unexpended funds ob20 ligated for assistance under the Foreign Assistance Act of

21 1961 to the Palestinian Authority before the date of the en22 actment of this Act.

23 (d) REPORT BY COMPTROLLER GENERAL.—Not later

24 than 180 days after the date of the enactment of this Act,

25 the Comptroller General of the United States shall submit

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11

•HR 4681 RH

1 to the appropriate congressional committees a report that

2 contains a review of the proposed procedures by which

3 United States assistance to the Palestinian Authority under

4 the Foreign Assistance Act of 1961 will be audited by the

5 Department of State, the United States Agency for Inter6 national Development, and all other relevant departments

7 and agencies of the Government of the United States and

8 any recommendations for improvement of such procedures.

9 (e) SENSE OF CONGRESS.—It is the sense of Congress

10 that the President should be guided by the principles and

11 procedures described in section 620K of the Foreign Assist12 ance Act of 1961, as added by subsection (b), in providing

13 direct assistance to the Palestinian Authority under any

14 provision of law other than the Foreign Assistance Act of

15 1961.

16 SEC. 3. LIMITATION ON ASSISTANCE FOR THE WEST BANK

17 AND GAZA.

18 (a) AMENDMENT.—Chapter 1 of part III of the For19 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as

20 amended by section 2(b)(2) of this Act, is further amended

21 by adding at the end the following new section:

22 ‘‘SEC. 620L. LIMITATION ON ASSISTANCE FOR THE WEST

23 BANK AND GAZA.

24 ‘‘(a) LIMITATION.—Except as provided in subsection

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12

•HR 4681 RH

1 governmental organizations for the West Bank and Gaza

2 only during a period for which a certification described in

3 section 620K(b) of this Act is in effect with respect to the

4 Palestinian Authority.

5 ‘‘(b) MARKING REQUIREMENT.—Assistance provided

6 under this Act to nongovernmental organizations for the

7 West Bank and Gaza shall be marked as assistance from

8 the Government of the United States unless the Secretary

9 of State or the Administrator of the United States Agency

10 for International Development determines that such mark11 ing will endanger the lives or safety of persons delivering

12 or receiving such assistance or would have a material ad13 verse effect on the implementation of such assistance.

14 ‘‘(c) CONGRESSIONAL NOTIFICATION.—Assistance

15 made available under this Act to nongovernmental organi16 zations for the West Bank and Gaza may not be provided

17 until 15 days after the date on which the President has pro18 vided notice thereof to the Committee on International Rela19 tions and the Committee on Appropriations of the House

20 of Representatives and to the Committee on Foreign Rela21 tions and the Committee on Appropriations of the Senate

22 in accordance with the procedures applicable to reprogram23 ming notifications under section 634A(a) of this Act.

24 ‘‘(d) EXCEPTIONS.—Subsection (a) shall not apply

25 with respect to the following:

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•HR 4681 RH

1 ‘‘(1) ASSISTANCE TO MEET BASIC HUMAN

2 HEALTH NEEDS.—The provision of food, water, medi3 cine, sanitation services, or other assistance to di4 rectly meet basic human health needs.

5 ‘‘(2) OTHER TYPES OF ASSISTANCE.—The provi6 sion of any other type of assistance if the President—

7 ‘‘(A) determines that the provision of such

8 assistance will further the national security in9 terests of the United States; and

10 ‘‘(B) not less than 25 days prior to the obli11 gation of amounts for the provision of such

12 assistance—

13 ‘‘(i) consults with the appropriate con14 gressional committees regarding the specific

15 programs, projects, and activities to be car16 ried out using such assistance; and

17 ‘‘(ii) submits to the appropriate con18 gressional committees a written memo19 randum that contains the determination of

20 the President under subparagraph (A) and

21 an explanation of how failure to provide the

22 proposed assistance would be inconsistent

23 with furthering the national security inter24 ests of the United States.

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•HR 4681 RH

1 ‘‘(3) DEFINITION.—In this subsection, the term

2 ‘appropriate congressional committees’ means—

3 ‘‘(A) the Committee on International Rela4 tions and the Committee on Appropriations of

5 the House of Representatives; and

6 ‘‘(B) the Committee on Foreign Relations

7 and the Committee on Appropriations of the

8 Senate.’’.

9 (b) OVERSIGHT AND RELATED REQUIREMENTS.—

10 (1) OVERSIGHT.—For each of the fiscal years

11 2007 and 2008, the Secretary of State shall certify to

12 the appropriate congressional committees not later

13 than 30 days prior to the initial obligation of

14 amounts for assistance to nongovernmental organiza15 tions for the West Bank or Gaza under the Foreign

16 Assistance Act of 1961 that procedures have been es17 tablished to ensure that the Comptroller General of the

18 United States will have access to appropriate United

19 States financial information in order to review the

20 use of such assistance.

21 (2) VETTING.—Prior to any obligation of

22 amounts for assistance to nongovernmental organiza23 tions for the West Bank or Gaza under the Foreign

24 Assistance Act of 1961, the Secretary of State shall

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15

•HR 4681 RH

1 ance is not provided to or through any individual or

2 entity that the Secretary knows, or has reason to be3 lieve, advocates, plans, sponsors, engages in, or has

4 engaged in, terrorist activity. The Secretary shall, as

5 appropriate, establish procedures specifying the steps

6 to be taken in carrying out this paragraph and shall

7 terminate assistance to any individual or entity that

8 the Secretary has determined advocates, plans, spon9 sors, or engages in terrorist activity.

10 (3) PROHIBITION.—No amounts made available

11 for any fiscal year for assistance to nongovernmental

12 organizations for the West Bank or Gaza under the

13 Foreign Assistance Act of 1961 may be made avail14 able for the purpose of recognizing or otherwise hon15 oring individuals or the families of individuals who

16 commit, or have committed, acts of terrorism.

17 (4) AUDITS.—

18 (A) IN GENERAL.—The Administrator of the

19 United States Agency for International Develop20 ment shall ensure that independent audits of all

21 contractors and grantees, and significant sub22 contractors and subgrantees, that receive

23 amounts for assistance to nongovernmental orga24 nizations for the West Bank or Gaza under the

25 Foreign Assistance Act of 1961 are conducted to

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•HR 4681 RH

1 ensure, among other things, compliance with this

2 subsection.

3 (B) AUDITS BY INSPECTOR GENERAL OF

4 USAID.—Of the amounts available for any fiscal

5 year for assistance to nongovernmental organiza6 tions for the West Bank or Gaza under the For7 eign Assistance Act of 1961, up to $1,000,000 for

8 each such fiscal year may be used by the Office

9 of the Inspector General of the United States

10 Agency for International Development for audits,

11 inspections, and other activities in furtherance of

12 the requirements of subparagraph (A). Such

13 amounts are in addition to amounts otherwise

14 available for such purposes.

15 (c) SENSE OF CONGRESS.—It is the sense of Congress

16 that the President should be guided by the principles and

17 procedures described in section 620L of the Foreign Assist18 ance Act of 1961, as added by subsection (a), in providing

19 assistance to nongovernmental organizations for the West

20 Bank and Gaza under any provision of law other than the

21 Foreign Assistance Act of 1961.

22 SEC. 4. UNITED NATIONS AGENCIES AND PROGRAMS.

23 (a) REVIEW AND REPORT.—

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•HR 4681 RH

1 (1) IN GENERAL.—Not later than 60 days after

2 the date of the enactment of this Act, the President

3 shall—

4 (A) conduct an audit of the functions of the

5 entities specified in paragraph (2); and

6 (B) transmit to the appropriate congres7 sional committees a report containing rec8 ommendations for the elimination of such enti9 ties and efforts that are duplicative or fail to en10 sure balance in the approach of the United Na11 tions to Israeli-Palestinian issues.

12 (2) ENTITIES SPECIFIED.—The entities referred

13 to in paragraph (1) are the following:

14 (A) The United Nations Division for Pales15 tinian Rights.

16 (B) The Committee on the Exercise of the

17 Inalienable Rights of the Palestinian People.

18 (C) The United Nations Special Coordi19 nator for the Middle East Peace Process and

20 Personal Representative to the Palestine Libera21 tion Organization and the Palestinian Author22 ity.

23 (D) The NGO Network on the Question of

24 Palestine.

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18

•HR 4681 RH

1 (E) The Special Committee to Investigate

2 Israeli Practices Affecting the Human Rights of

3 the Palestinian People and Other Arabs of the

4 Occupied Territories.

5 (F) Any other entity the Secretary deter6 mines results in duplicative efforts or funding or

7 fails to ensure balance in the approach to

8 Israeli-Palestinian issues.

9 (b) IMPLEMENTATION OF RECOMMENDATIONS BY PER10 MANENT REPRESENTATIVE.—

11 (1) IN GENERAL.—The United States Permanent

12 Representative to the United Nations shall use the

13 voice, vote, and influence of the United States at the

14 United Nations to seek the implementation of the rec15 ommendations contained in the report required under

16 subsection (a)(1)(B).

17 (2) WITHHOLDING OF FUNDS.—Until such rec18 ommendations have been implemented, the Secretary

19 of State is authorized to withhold from United States

20 contributions to the regular assessed budget of the

21 United Nations for a biennial period amounts that

22 are proportional to the percentage of such budget that

23 are expended for such entities.

24 (c) GAO AUDIT.—The Comptroller General shall con25 duct an audit of the status of the implementation of the

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19

•HR 4681 RH

1 recommendations contained in the report required under

2 subsection (a)(1)(B).

3 (d) WITHHOLDING OF FUNDS WITH RESPECT TO THE

4 PALESTINIAN AUTHORITY.—The Secretary of State is au5 thorized to withhold from United States contributions to the

6 regular assessed budget of the United Nations for a biennial

7 period amounts that are proportional to the percentage of

8 such budget that are expended for any United Nations af9 filiated or specialized agency that provides assistance di10 rectly to the Palestinian Authority during any period for

11 which a certification described in section 620K(b) of the

12 Foreign Assistance Act of 1961 (as added by section 2(b)(2)

13 of this Act) is not in effect with respect to the Palestinian

14 Authority.

15 SEC. 5. DESIGNATION OF TERRITORY CONTROLLED BY THE

16 PALESTINIAN AUTHORITY AS TERRORIST

17 SANCTUARY.

18 It is the sense of Congress that, during any period for

19 which a certification described in section 620K(b) of the

20 Foreign Assistance Act of 1961 (as added by section 2(b)(2)

21 of this Act) is not in effect with respect to the Palestinian

22 Authority, the territory controlled by the Palestinian Au23 thority should be deemed to be in use as a sanctuary for

24 terrorists or terrorist organizations for purposes of section

25 6(j)(5) of the Export Administration Act of 1979 (50 U.S.C.

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20

•HR 4681 RH

1 App. 2405(j)(5)) and section 140 of the Foreign Relations

2 Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.

3 2656f).

4 SEC. 6. DENIAL OF VISAS FOR OFFICIALS OF THE PALES5 TINIAN AUTHORITY.

6 (a) IN GENERAL.—A visa shall not be issued to any

7 alien who is an official of, affiliated with, or serving as

8 a representative of the Palestinian Authority during any

9 period for which a certification described in section 620K(b)

10 of the Foreign Assistance Act of 1961 (as added by section

11 2(b)(2) of this Act) is not in effect with respect to the Pales12 tinian Authority.

13 (b) WAIVER.—Subsection (a) shall not apply—

14 (1) if the President determines and certifies to

15 the appropriate congressional committees, on a case16 by-case basis, that the issuance of a visa to an alien

17 described in such subsection is important to the na18 tional security interests of the United States; or

19 (2) with respect to visas issued in connection

20 with United States obligations under the Act of Au21 gust 4, 1947 (61 Stat. 756) (commonly known as the

22 ‘‘United Nations Headquarters Agreement Act’’).

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21

•HR 4681 RH

1 SEC. 7. TRAVEL RESTRICTIONS ON OFFICIALS AND REP2 RESENTATIVES OF THE PALESTINIAN AU3 THORITY AND THE PALESTINE LIBERATION

4 ORGANIZATION STATIONED AT THE UNITED

5 NATIONS IN NEW YORK CITY.

6 The President shall restrict the travel of officials and

7 representatives of the Palestinian Authority and of the Pal8 estine Liberation Organization who are stationed at the

9 United Nations in New York City to a 25-mile radius of

10 the United Nations headquarters building during any pe11 riod for which a certification described in section 620K(b)

12 of the Foreign Assistance Act of 1961 (as added by section

13 2(b)(2) of this Act) is not in effect with respect to the Pales14 tinian Authority.

15 SEC. 8. PROHIBITION ON PALESTINIAN AUTHORITY REP16 RESENTATION IN THE UNITED STATES.

17 (a) PROHIBITION.—Notwithstanding any other provi18 sion of law, it shall be unlawful to establish or maintain

19 an office, headquarters, premises, or other facilities or estab20 lishments within the jurisdiction of the United States at

21 the behest or direction of, or with funds provided by, the

22 Palestinian Authority or the Palestine Liberation Organi23 zation during any period for which a certification described

24 in section 620K(b) of the Foreign Assistance Act of 1961

25 (as added by section 2(b)(2) of this Act) is not in effect

26 with respect to the Palestinian Authority.

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22

•HR 4681 RH

1 (b) ENFORCEMENT.—

2 (1) ATTORNEY GENERAL.—The Attorney General

3 shall take the necessary steps and institute the nec4 essary legal action to effectuate the policies and provi5 sions of subsection (a).

6 (2) RELIEF.—Any district court of the United

7 States for a district in which a violation of subsection

8 (a) occurs shall have authority, upon petition of relief

9 by the Attorney General, to grant injunctive and such

10 other equitable relief as it shall deem necessary to en11 force the provisions of subsection (a).

12 (c) WAIVER.—

13 (1) AUTHORITY.—The President may waive the

14 application of subsection (a) for a period of 180 days

15 if the President determines and certifies to the appro16 priate congressional committees that such waiver is

17 vital to the national security interests of the United

18 States and provides an explanation of how the failure

19 to waive the application of subsection (a) would be

20 inconsistent with the vital national security interests

21 of the United States.

22 (2) RENEWAL.—The President may renew the

23 waiver described in paragraph (1) for successive180-

24 day periods if the President makes the determination

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23

•HR 4681 RH

1 and certification described in such paragraph for each

2 such period.

3 SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS.

4 (a) UNITED STATES POLICY.—It shall be the policy

5 of the United States that the United States Executive Direc6 tor at each international financial institution shall use the

7 voice, vote, and influence of the United States to prohibit

8 assistance to the Palestinian Authority during any period

9 for which a certification described in section 620K(b) of the

10 Foreign Assistance of 1961 (as added by section 2(b)(2) of

11 this Act) is not in effect with respect to the Palestinian Au12 thority.

13 (b) DEFINITION.—In this section, the term ‘‘inter14 national financial institution’’ has the meaning given the

15 term in section 1701(c)(2) of the International Financial

16 Institutions Act.

17 SEC. 10. DIPLOMATIC CONTACTS WITH PALESTINIAN TER18 ROR ORGANIZATIONS.

19 It shall be the policy of the United States that no offi20 cer or employee of the United States Government shall nego21 tiate or have substantive contacts with members or official

22 representatives of Hamas, Palestinian Islamic Jihad, the

23 Popular Front for the Liberation of Palestine, al-Aqsa Mar24 tyrs Brigade, or any other Palestinian terrorist organiza25 tion, unless and until such organization—

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24

•HR 4681 RH

1 (1) recognizes Israel’s right to exist;

2 (2) renounces the use of terrorism;

3 (3) dismantles the infrastructure necessary to

4 carry out terrorist acts, including the disarming of

5 militias and the elimination of all instruments of ter6 ror; and

7 (4) recognizes and accepts all previous agree8 ments and understandings between the State of Israel

9 and the Palestine Liberation Organization and the

10 Palestinian Authority.

11 SEC. 11. DEFINITIONS.

12 In this Act:

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional commit15 tees’’ means—

16 (A) the Committee on International Rela17 tions and the Committee on Appropriations of

18 the House of Representatives; and

19 (B) the Committee on Foreign Relations

20 and the Committee on Appropriations of the

21 Senate.

22 (2) PALESTINIAN AUTHORITY.—The term ‘‘Pales23 tinian Authority’’ has the meaning given the term in

24 section 620K(e)(2) of the Foreign Assistance Act of

25 1961 (as added by section 2(b)(2) of this Act).

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Chairman SENSENBRENNER. Because the hour is late, and we 

would like to get this bill out, the chair will put his opening statement in the record at this time by unanimous consent and suggest 

that everybody else do the same. 

[The prepared statement of Mr. Sensenbrenner follows:] 

PREPARED STATEMENT OF THE HONORABLE F. JAMES SENSENBRENNER, JR., A REPRESENTATIVE IN CONGRESS FROM THE STATE OF WISCONSIN, AND CHAIRMAN, COMMITTEE ON THE JUDICIARY

H.R. 9 reauthorizes for an additional 25 years and amends provisions of the Voting Rights Act set to expire on August 6, 2007. 

The Voting Rights Act was enacted in 1965, and reauthorized in 1970, 1975, 1982, 

and 1992, each time with strong bipartisan support. Like the preceding reauthorization efforts, this bill also has strong support from Republicans and Democrats alike. 

On August 6, 2005, our nation celebrated the 40th anniversary of the VRA, which 

has been one of the most important pieces of civil rights legislation enacted during 

the 20th Century. The enactment of the VRA resulted from the efforts of many who 

fought to eliminate our country’s sad legacy of racial discrimination and ensure that 

the rights guaranteed by the Constitution were protected for all Americans. 

There is no right more fundamental than the right to vote, because in a democracy, only the right to vote can protect all other rights. This right is so central to 

our system of government that it is protected by five separate amendments to our 

Constitution, including the 14th, 15th, 19th, 24th, and 26th Amendments. 

History reveals, however, that States and localities have not always been faithful 

to the rights and protections afforded by our Constitution. Sadly, some have tried 

to disenfranchise African-American and other minority voters through means ranging from violence and intimidation to subtle changes in voting rules. As a result, 

many minorities were unable to fully participate in the political process for nearly 

a century. 

The VRA changed this and sucessfully transformed our Nation’s electoral process, 

and the makeup of our local, State, and Federal governments. Since its enactment, 

the VRA has been instrumental in remedying past injustice by restructuring the relationship between States with a history of discrimination and the Federal government. 

Section 5 prohibits States with a history of discrimination from changing election 

practices and processes without first submitting the changes to the Department of 

Justice or the District Court for the District of Columbia. Section 5 has helped ensure minority citizens have an equal opportunity to participate in our country’s political process and—with other provisions of the VRA—has helped increase minority 

participation in elections as well as the number of minorities serving in elected positions. 

Last summer, I, along with Ranking Member Conyers and Congressional Black 

Caucus Chairman Watt, pledged to have the VRA’s temporary provisions reauthorized for an additional 25 years. Since last fall, the Subcommittee on the Constitution 

has been examining the VRA in great detail, focusing on the provisions set to expire 

in 2007. During these hearings, the Subcommittee examined the impact two Supreme Court decisions, Bossier II and Georgia v. Ashcroft, have had on Section 5’s 

ability to protect minorities from discriminatory voting changes, particularly in 

State and Congressional redistricting initiatives. 

As a result, H.R. 9 includes language that makes clear that a voting rule change 

motivated by any discriminatory purpose cannot be precleared, and clarifies that the 

purpose of the preclearance requirements is to protect the ability of minority citizens to elect their preferred candidates of choice. 

The Committee record shows that while the VRA has been successful, our work 

is not yet complete. Discrimination in the electoral process continues to exist and 

threatens to undermine the progress that has been made over the last forty years. 

By extending the VRA for an additional 25 years, H.R. 9 ensures that the gains 

made by minorities are not jeopardized. 

As previously noted, this legislation has strong bipartisan support, including that 

of Speaker Hastert and Minority Leader Pelosi. This bill is also supported by many 

religious and civil rights organizations including the Leadership Conference on Civil 

Rights, the ACLU, MALDEF, the NAACP, and the National Association of Latino 

Elected and Appointed Officials (NALEO) Educational Fund. 

(I ask unanimous consent to include in the record a letter dated May 3, 2006 sent 

by the Leadership Conference on Civil Rights and co- signed by an extensive list of 

civil rights and religious organizations). 


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39 

The Majority Leader’s office has indicated that H.R. 9 will be considered on the 

House floor next week. I strongly urge my colleagues to support this legislation. 

Mr. CONYERS. Mr. Chairman, I would like to introduce my statement into the record at this time. 

[The prepared statement of Mr. Conyers follows:] 

PREPARED STATEMENT OF THE HONORABLE JOHN CONYERS, JR., A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF MICHIGAN, AND RANKING MEMBER, COMMITTEE

ON THE JUDICIARY

H.R. 4681 is a necessary response to the recent election of Hamas to the leadership of the Palestinian Authority. Hamas is an officially designated terrorist organization responsible for over 500 deaths in terrorist attacks since the 1980s. Their 

control over the Palestinian Authority greatly stymies any chance of progress towards peace in Israel and the Palestinian territories. 

This bill is complicated and it raises some difficult issues, but I am inclined to 

support it. A legislative response is necessary to send a clear signal that the United 

States will not continue to support political developments in the Palestinian territories under the leadership of a terrorist organization. In that vein, the provisions 

the Judiciary Committee has jurisdiction over play an important role in sanctioning 

the Hamas leadership. 

While existing law forbids the entry of terrorists into the United States, we want 

to make it clear that under Hamas leadership, the officials of the Palestinian Authority are not welcome here, nor will we support the establishment of Palestinian 

Authority offices in this country until the Authority takes significant steps renounce 

its terrorist connections. 

To the extent that there are members of the Palestinian Legislative Council who 

are not a part of a terrorist faction, and it is in the U.S. national interest to grant 

them a visa, the bill gives the President authority to waive the visa ban. 

Chairman SENSENBRENNER. Without objection, so ordered. Without objection, all Members’ opening statements will be placed in 

the record at this time. 

Are there any amendments? 

The gentleman from New York, Mr. Weiner. 

Mr. WEINER. Mr. Chairman, I have an amendment at the desk. 

Chairman SENSENBRENNER. The Clerk will report the amendment. 

The CLERK. Amendment to H.R. 4681 offered by Mr. Weiner of 

New York. Page 22, line 5 insert before the period the following. 

Chairman SENSENBRENNER. Without objection the amendment 

will be considered as read, and the gentleman from New York Mr. 

Weiner will be recognized for 5 minutes. 

[The amendment follows:] 


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40 

1

H.L.C.

AMENDMENT TO H.R. 4681

OFFERED BY MR. WEINER OF NEW YORK

Page 22, line 5, insert 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’’.

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Mr. ISSA. Mr. Chairman, I reserve a point of order. 

Chairman SENSENBRENNER. The point of order is reserved by the 

gentleman from California. The gentleman is recognized for 5 minutes. 

Mr. WEINER. Mr. Chairman, I have no intention of taking the 5 

minutes. This is essentially a technical amendment which is the 

reason we in this Committee, to your credit, got a referral for this 

bill. It is very simple. The International Relations Committee talks 

about the prohibition on Palestinian Authority representation in 

the United States, and it says it shall be unlawful to establish or 

maintain an office, headquarters, premises or other facilities or establishment within the jurisdiction of the United States. 

That language was taken directly from 1986 legislation to deal 

with the Palestinian Liberation Organization at the time. After 

that legislation had passed this House, passed the Senate, was 

signed by the President, it was determined that there was a loophole that was unintended by Congress. Since there was other legislation that had been passed creating the United Nations and its 

missions, there were two pieces of legislation passed by the House 

and Senate and signed by the President and left some disagreement about where missions of the United Nations fell. It was litigated by one Rudy Guliani, coincidentally enough, where the Justice Department said, clearly, Congress intended these missions to 

be included. They said, and it was decided by the courts, clearly 

Congress has the power to include those missions but because the 

ambiguity was unable to be determined by the courts, they essentially said that mission remains open. 

What we are doing here today is taking the portion of the bill 

that we were given that gives guidance to the Attorney General on 

how to enforce this law, that is all we are doing, and saying, we 

are giving you guidance on this ambiguity in the law. This ambiguity was left by the International Relations Committee. We simply 

want to make clear that the Permanent Observer Mission of Palestine to the United Nations is included in the prohibitions that 

are included in section A. 

I want to make it very clear that it was clearly the intent of the 

authors to include this provision. It was now our job with this referral to give guidance on how to enforce it. That is our job. We 

are doing oversight of the Justice Department. We are doing oversight of the Attorney General provisions, and under enforcement, 

we are giving guidance to enforcement. We are not in any way 

reaching beyond what the International Relations Committee—

they themselves have pretty clear language: an office, headquarters, premises or facilities or establishment. 

I want to remind my colleagues that if we don’t include this language, what will be the effect of the overall law? All of the Palestinian assets that we seek to ban are going to go to that one place 

because of the failure to include this language. So it is something 

that the Parliamentarian has said, and we are going to get into a 

discussion perhaps later, that it is clearly germane to our section 

of the bill. The only question is whether we are somehow expanding or narrowing jurisdiction that we don’t have. 

But I want to remind my colleagues, this is exactly why Mr. Sensenbrenner fought for jurisdiction, so we can perfect what the 

International Relations Committee did because they unwittingly 


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42 

left this loophole the same way they did in 1986. I urge a yes vote, 

and I yield back the balance of my time. 

Chairman SENSENBRENNER. Does the gentleman from California 

insist on his point of order? 

Mr. ISSA. Yes, I do, Mr. Chairman. 

Chairman SENSENBRENNER. The gentleman will state his point of 

order. 

Mr. ISSA. I make the point of order that the amendment goes to 

subject matter outside the scope of the referral, which is based on 

the Committee’s jurisdiction, and if I may, serving also on the 

International Relations Committee, this Committee does not have 

the jurisdiction to do what accidentally may not have been done in 

the International Relations Committee. I certainly sympathize with 

the gentleman but insist on my point of order. 

Chairman SENSENBRENNER. Does the gentleman from New York 

wish to respond? 

Mr. WEINER. Yes, I do. 

Mr. Chairman, if we are to take the gentleman’s explanation of 

the parliamentary objection he is making, that is since section A 

which refers throughout section B under enforcement, then there 

is nothing we can do to it and the referral to this Committee is 

meaningless. All we are doing is giving guidance on enforcement. 

That is what we are doing here today. You can say we shouldn’t 

have gotten this referral. Thankfully, we did. Thankfully, at every 

turn over the course of the last several years, the Chairman stood 

up and said, it might be a little inconvenient for some, but we are 

going to make sure that we get jurisdiction and we don’t lose any 

of it. If we are going to take the argument that you are saying, all 

of the enforcement provisions are outside of the jurisdiction, why 

did we even get the referral? 

All we are doing is giving guidance to the Attorney General on 

how to interpret or how to do the enforcement. This is exactly why 

we got this referral. Simply put, the good folks at International Relations, with great respect, did not cure this problem. That is why 

we got the referral. 

And if you are—if we allow this to pass as it is with this imperfection, I am going to tell you what is going to happen: We are 

going to follow the provisions on pages 21 under the section; they 

are going to close their offices, their headquarters, premises, and 

other facilities or establishments; and then they are going to have 

this, U.S. District Court for the Southern District of New York, 

June 29th, 1988, where the court said Congress absolutely has 

within their authority to do this. 

Chairman SENSENBRENNER. Is the gentleman arguing his 

amendment or arguing the point of order? 

Mr. WEINER. I am arguing the point of order. 

Chairman SENSENBRENNER. The chair is prepared to rule. 

Mr. WEINER. Would it be your guidance, sir, that further argument is necessary or is not necessary? 

Chairman SENSENBRENNER. The chair would never want to ever 

be accused of shutting the gentleman from New York up, but he 

is prepared to rule. 

Mr. WEINER. Mr. Chairman, let me just say in closing that I believe very strongly that this is a question of jurisdiction of this 


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43 

Committee, and it is also our moment to make it clear whether or 

not we believe in this. 

Chairman SENSENBRENNER. The gentleman from California, Mr. 

Issa, raises a point of order that the amendment is not germane 

under rule X, which gives Committees of the House jurisdiction 

over various issues. Section 8(b) deals with the enforcement of the 

prohibition on Palestinian Authority representation in the United 

States. It gives specific duties to the Attorney General on how to 

enforce the provisions of this law. 

This Committee has the jurisdiction over all aspects of the Justice Department over which the Attorney General presides, and because this deals with both enforcement of the law which would require ultimately the Attorney General to file a suit in an appropriate Federal court as well as duties placed upon the Attorney 

General, the chair feels that the amendment offered is within the 

jurisdiction of the Committee and overrules the point of order. 

The question is on the amendment offered by the gentleman from 

New York, Mr. Weiner. Those in favor will say aye. Opposed, no. 

The ayes appear to it have it. The ayes have it, and the amendment is agreed to. 

Are there further amendments? 

Ms. JACKSON LEE. I have an amendment at the desk. 

Chairman SENSENBRENNER. The gentlewoman from Texas. 

The Clerk will report the amendment. 

Ms. JACKSON LEE. I believe the amendment is amendment 253. 

The CLERK. Amendment to H.R. 4681—— Mr. SMITH. Mr. Chairman, I receive a point of order. 

Mr. SENSENBRENNER. Point of order is reserved by the gentleman 

from Texas. The Clerk will continue to read. 

The CLERK. Offered by Ms. Jackson Lee of Texas. Page 10, after 

line 3, insert the following new subsection (f), additional requirements, the President shall establish and implement procedures to 

allow the government of Israel an opportunity to submit evidence—— Chairman SENSENBRENNER. Without objection the amendment is 

considered as read and the gentlewoman from Texas is recognized 

for 5 minutes. 

[The amendment follows:] 


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1

H.L.C.

AMENDMENT TO H.R. 4681

OFFERED BY MS. JACKSON-LEE OF TEXAS

Page 10, after line 3, insert the following new subsection:

1 ‘‘(f) ADDITIONAL REQUIREMENT.—The President

2 shall establish and implement procedures to allow the Gov3 ernment of Israel an opportunity to submit evidence on

4 whether certification or recertification under this section

5 is warranted. In the event that Israel submits such evi6 dence, it shall be submitted by the President with any no7 tification he gives Congress in connection with a certifi8 cation or recertification.’’.

Page 10, line 4, redesignate subsection (f) as subsection (g).

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Ms. JACKSON LEE. I thank the distinguished Chairman. We know 

that the Palestinian Anti-Terrorism Act follows the same line of 

thinking as H.R. 575, a resolution asserting that the foundation for 

the Israeli-Palestinian peace process was Palestinian recognition of 

Israel’s right to exist and a solemn obligation to end terrorism and 

violence. 

The provisions that we have jurisdiction over as a Member of the 

Judiciary Committee speaks directly to an opportunity for additional information to be had. As currently written, the bill directs 

the President to submit a certification to the Congress on the status of the Palestinian Authority’s involvement with terrorism, its 

recognition of Israel’s right to exist, and that the Palestinian Authority has made demonstrable progress to improve security services and defeating internal terrorism. Every 6 months thereafter, 

the President is also to submit a recertification explaining the status of these items. 

My amendment contributes language to allow the government of 

Israel an opportunity to submit evidence on whether certification 

or recertification is warranted. As a vital regional stakeholder, a 

partner of peace with the United States and a democracy with 

demonstrated intelligence gathering, Israel is an expert. Allowing 

the government of Israel the opportunity to contribute evidence on 

this matter provides the President with additional advisory counsel 

as well an as opportunity to strengthen relations with Israel. 

Maybe we can finally have an opportunity as well to all get 

along. Maybe in the course of negotiations between Israel and the 

Palestinian Authority, Israel might offer as well evidence that 

peace is on the way. 

And so I believe any opportunity for diplomacy, any opportunity 

for discussion, any opportunity for input should be allowed, and I 

ask my colleagues to support the amendment. 

Chairman SENSENBRENNER. Does the gentlewoman yield back? 

Ms. JACKSON LEE. I yield back. 

Chairman SENSENBRENNER. Does the gentleman from Texas insist upon his point of order? 

Mr. SMITH. Yes, I do. 

Chairman SENSENBRENNER. The gentleman will state his point of 

order. 

Mr. SMITH. Mr. Chairman, this amendment is not germane because the certification process to which it refers regarding Israel is 

outside the Committee’s jurisdiction as determined by its grant of 

referral. I will yield back balance of my time. 

Chairman SENSENBRENNER. Does the gentlewoman from Texas 

wish to respond? 

Ms. JACKSON LEE. I do, Mr. Chairman. As we well know in this 

Committee, we are apt to be able to waive points of order, but I 

would suggest that the certification process goes very comfortably 

with the idea of the visa certification process and that in fact it is 

a legitimate basis, and I would ask the Chairman for his consideration of the validity of this amendment. I yield back. 

Chairman SENSENBRENNER. The chair is prepared to rule. The 

amendment proposed by the gentlewoman from Texas, Ms. Jackson 

Lee, proposes to amend section 620(k)(3), which contains the definition section that says in part in this subsection the determined appropriate congressional Committees means the Committee on 


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46 

International Relations and the Committee on Appropriations of 

the House of Representatives. 

This deals with withholding of foreign assistance. The amendment proposes the statutory scheme where a foreign government, 

in this case the government of Israel, would be able to forward information to the President. This is clearly not within the jurisdiction of this Committee, and consequently the chair sustains the 

point of order. 

Are there further amendments? 

Ms. JACKSON LEE. I have an amendment at the desk. 

Chairman SENSENBRENNER. The Clerk will report the amendment. 

The CLERK. Amendment to H.R. 4681. 

Mr. SMITH. Mr. Chairman, I reserve a point of order. 

Chairman SENSENBRENNER. Point of order is reserved. The Clerk 

will continue to read. 

The CLERK. Offered by Ms. Jackson Lee of Texas. Page 20, after 

line 22, insert the following new subsection, section (c), additional 

requirement, the President shall establish and implement a procedure for aliens denied a visa under subsection to submit evidence 

to show a waiver is warranted. The decision on whether to grant 

a waiver is not reviewable. 

[The amendment follows:] 


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1

H.L.C.

AMENDMENT TO H.R. 4681

OFFERED BY MS. JACKSON-LEE OF TEXAS

Page 20, after line 22, insert the following new subsection:

1 (c) ADDITIONAL REQUIREMENT.—The President

2 shall establish and implement a procedure for aliens de3 nied a visa under subsection (a) to submit evidence to

4 show that a waiver is warranted. The decision on whether

5 to grant a waiver is not reviewable.

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48 

Chairman SENSENBRENNER. The gentlewoman is recognized for 5 

minutes. 

Ms. JACKSON LEE. I thank the distinguished Chairman and 

Ranking Member. I hold in my hand a humanitarian request for 

Palestinian Americans here in the United States to offer humanitarian assistance to the Palestinian people who, of course, in many 

instances are innocent of government leadership. My amendment 

says, in section 6, the bill provides for the denial of visas for officials of the Palestinian Authority if certification as described in section 2 of this bill and requiring the Palestinian Authority to recognize Israel’s right to exist, denounce terrorism, break down terrorist-supporting infrastructure. The denial of a visa is tempered 

with the President’s ability to issue a visa if the President determines that it is vital to the national security initiative of the 

United States. 

My amendment, remaining consistent with the State Department’s visa policy and not in any way diluting the President’s responsibility, simply requires the President to establish and implement a procedure for those denied a visa under this provision to 

submit evidence to show that a waiver is warranted, so if there is 

a humanitarian basis that is necessary for visas to be extended, for 

there to be a medical emergency that individuals need to secure 

our humanitarian assistance, there is an opportunity for this evidence to be presented. 

I close by simply saying, as this legislation makes its way to the 

floor, it is important that we realize there will be innocent victims 

of this statement we will be making by the United States Congress. 

I would hope that in the course of the debate that we would recognize the importance of humanitarian aid and the humanitarian 

needs of those who may be able to secure a visa or others who wish 

to. With that, I ask my colleagues to support this amendment. 

Chairman SENSENBRENNER. Does the gentleman from Texas insist on his point of order? 

Mr. SMITH. Mr. Chairman, I do not, and I will withdraw the 

point of order. 

Chairman SENSENBRENNER. The chair recognizes himself in opposition to the amendment. The chair will be very brief. This 

amendment undermines Presidential authority and accountability 

in the White House. The text of the bill on page 20 says that if the 

President determines and certifies to the appropriate congressional 

Committees, that means us, 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, then a 

waiver should be granted. 

What the amendment proposed by the gentlewoman from Texas 

proposes to do is to allow the President to kick this down to a bureaucrat. Seems to me, if the President does want to bring somebody from the Palestinian Authority and someone who is affiliated 

with Hamas, he ought to take the responsibility himself and tell us 

why the waiver should be granted. 

This amendment will allow the President to dodge the bullet and 

say that some bureaucrat did it, and I don’t think that is a good 

idea. I hope it is defeated. 

I yield to the gentleman from New York, Mr. Weiner. 


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49 

Mr. Weiner, I was told you would like—I yield back balance of 

my time. 

The gentleman from New York, Mr. Nadler. 

Mr. NADLER. Mr. Chairman, I rise in opposition to this amendment. I don’t see the point of it, frankly. The bill says that a visa 

should not be issued to any person who is an official of, affiliated 

with or serving as a representative the Palestinian Authority. You 

are not talking about thousands of people; you are talking about official representatives of the Palestinian Authority. 

It then gives the President the authority to issue a waiver on a 

case-by-case basis as long as he tells the congressional Committee 

why. That certainly implies that the President is entitled to receive 

any evidence as to why he should give a waiver. 

I don’t see why you need a special amendment to say that he 

shall establish and implement the procedure for these aliens to 

submit evidence to show that a waiver is warranted. There is already a provision that he can grant waivers. Obviously, if someone 

thinks someone is affiliated with the Palestinian Authority and can 

get a waiver, he will ask for it and submit whatever evidence, and 

the President or the President’s people will make a judgment on 

that. 

This amendment, frankly, I don’t understand what it does. It 

may imply that, under the current law as written, there is no authority for a Palestinian who is affiliated with the Palestinian Authority who wants a waiver to submit a request and the supporting 

documents to it, which I think is ridiculous. 

Ms. JACKSON LEE. Would the gentleman yield? 

Mr. NADLER. Obviously, the President would consider or not consider as he deems fit. I don’t see the point of this amendment, and 

I oppose it. 

Ms. JACKSON LEE. Would the gentleman yield? 

Mr. NADLER. Yes. 

Ms. JACKSON LEE. I thank the gentleman very much. I appreciate the comments being made, and I want to appreciate the fact 

that the gentleman did yield. I asked to be yielded to before. 

Let me just say that there is a basis of this amendment. It gives 

the person denied a visa the right to ask for it through presenting 

evidence. I think it is an important point. I want to further discuss 

it and work on this issue. 

I offered an example of a letter that I had in my hand that suggested an interest in humanitarian aid. That is a separate issue 

that I didn’t bring to this Committee. 

But I think there are overlapping concerns. We want fairness on 

all sides. And this does not diminish the power of the President. 

It allows the denied visa recipient to be able to present evidence 

and to ask for a visa. 

Mr. NADLER. Reclaiming my time. 

Ms. JACKSON LEE. May I finish by saying, with that in mind, I 

want to work on this issue, and I ask unanimous consent to withdraw the amendment. 

Chairman SENSENBRENNER. Amendment is withdrawn. 

Are there further amendments? 

The gentlewoman from California, Ms. Waters, for what purpose 

do you seek recognition? 

Ms. WATERS. I move to strike the last word. 


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50 

Chairman SENSENBRENNER. The gentlewoman is recognized for 5 

minutes. 

Ms. WATERS. I am sorry, I have an amendment at the desk, Mr. 

Chairman. 

Chairman SENSENBRENNER. Okay. The Clerk will report the 

amendment. 

The CLERK. Amendment to H.R. 4681, as reported by the Committee—— Mr. SMITH. Mr. Chairman, I will reserve a point of order. 

Chairman SENSENBRENNER. Point of order is reserved. 

The CLERK. Offered by Ms. Waters of California. In section 8, redesignate subsections (b) and (c) as subsections (c) and (d), and insert after subsection (a), the following, subsection (b), Sudan, (1) 

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 other than a mission to the United Nations at the 

behest or direction of, or with funds provided by the government 

of Sudan during any period for which a certification described—— Chairman SENSENBRENNER. Without objection, the amendment is 

considered as read and subject to the point of order being reserved, 

the gentlewoman from California is recognized for 5 minutes. 

[The amendment follows:] 


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51 

1

H.L.C.

AMENDMENT TO H.R. 4681, AS REPORTED BY

THE COMMITTEE ON INTERNATIONAL RELATIONS

OFFERED BY MS. WATERS OF CALIFORNIA

In section 8, redesignate subsections (b) and (c) as

subsections (c) and (d) and insert after subsection (a) the

following:

1 (b) SUDAN.—

2 (1) PROHIBITION.—Notwithstanding any other

3 provision of law, it shall be unlawful to establish or

4 maintain an office, headquarters, premises, or other

5 facilities or establishments within the jurisdiction of

6 the United States (other than a mission to the Un7 tied Nations) at the behest or direction of, or with

8 funds provided by, the Government of Sudan during

9 any period for which a certification described in

10 paragraph (2) is not in effect.

11 (2) CERTIFICATION.— A certification described

12 in this subsection is a certification transmitted by

13 the President to Congress that contains a deter14 mination of the President that—

15 (A) no ministry, agency, or instrumentality

16 of the Government of Sudan is engaged in ter17 rorist attacks or is affiliated with the genocide

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52 

2

H.L.C.

1 perpetrated by the Janjaweed militia in Sudan;

2 and

3 (B) the Government of Sudan has taken

4 effective steps and made demonstrable progress

5 toward—

6 (i) ending the genocide in Darfur,

7 Sudan;

8 (ii) dismantling the Janjaweed militia,

9 arresting and bringing individuals in the

10 Janjaweed militia to justice, destroying un11 authorized arms factories, and thwarting

12 and preempting Janjaweed attacks;

13 (iii) ensuring democracy, the rule of

14 law, and an independent judiciary, and

15 adopting other reforms such as ensuring

16 transparent and accountable governance;

17 and

18 (iv) ensuring the financial trans19 parency and accountability of all govern20 ment ministries and operations.

21 (3) RECERTIFICATION.—Not later than 90 days

22 after the date on which the President transmits to

23 Congress an initial certification under paragraph

24 (2), and every six months thereafter—

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3

H.L.C.

1 (A) the President shall transmit to Con2 gress a recertification that the requirements

3 contained in paragraph (2) are continuing to be

4 met; or

5 (B) if the President is unable to make

6 such a recertification, the President shall trans7 mit to Congress a report that contains the rea8 sons therefor.

In subsection (c) of section 8 (as redesignated)—

(1) in paragraph (1), insert ‘‘or (b)’’ after

‘‘(a)’’; and

(2) in paragraph (2)—

(A) insert ‘‘or (b)’’ after ‘‘(a)’’ the first

place it appears; and

(B) insert ‘‘or (b), as the case may be’’

after ‘‘(a)’’ the second place it appears.

In subsection (d) of section 8 (as redesignated)—

(1) insert ‘‘or (b)’’ after ‘‘(a)’’ the first place it

appears; and

(2) insert ‘‘or (b), as the case may be,’’ after

‘‘(a)’’ the second place it appears

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54 

Ms. WATERS. Thank you very much. 

Mr. Chairman and Members, I have a real appreciation for Mr. 

Weiner’s amendment because it is one thing to have sanctions, it 

is one thing to talk about certification, but we really do have to 

have some kind of enforcement and accountability. 

We all supported H.R. 3127. That basically was the bill that created sanctions against the Sudanese government that is basically 

responsible for the genocide in Darfur. We have all worked very, 

very hard, and this entire Congress has been involved in all kinds 

of efforts. We have had so many Members that have traveled to the 

Sudan, who have been to Darfur. They have tried to convince the 

Sudanese government to stop the genocide. 

On my visits there, a codel that we took where we met with a 

number of the members of the Sudanese government, they admitted to us that they had given support to and supplied the 

Janjaweed, and the Janjaweed is basically responsible for the genocide, carrying out the genocide. 

My bill would somewhat mirror Mr. Weiner’s—my amendment 

would somewhat mirror his amendment and basically create some 

enforcement opportunities for the sanctions that we have placed in 

law under 3127. 

I would ask not only that the Members of this Committee would 

support my amendment but, hopefully, that they too would all be 

involved in helping us to eliminate the genocide that is going on 

and has gone on for so long up in the Sudan. 

Mr. WEINER. Would the gentlelady yield? 

Ms. WATERS. I would yield. 

Mr. WEINER. I rise in support of the amendment. Again, it is an 

effort, ability for us to enforce some of the language that we have 

gone on record on here. It provides the full point of the sword to 

make it clear how serious we are about what is going on in Darfur 

and also how serious we are about enforcing previous efforts of this 

Congress. And I support the gentlelady’s amendment, and I yield 

back. 

Ms. JACKSON LEE. Would you yield? Let me thank the gentlelady 

for the strength of this amendment, and it is unfortunate that earlier amendments were again attacked by germaneness, but I think 

that this amendment has merit and so did the previous amendment on this issue had merit, and unfortunately, they are both— well, the previous one was ruled out of order. 

I hope that we can see the intertwining of these two issues and 

understand the crisis in Sudan, and it needs that kind of response. 

I yield back. 

Chairman SENSENBRENNER. Does the gentleman from Texas insist upon his point of order? 

Mr. SMITH. Yes, Mr. Chairman, I do. 

Chairman SENSENBRENNER. State your point of order. 

Mr. SMITH. Mr. Chairman, regardless of the merits or demerits, 

this amendment is not germane because it is not directly related 

to any of the subjects that are actually mentioned in the bill itself. 

I will yield back. 

Chairman SENSENBRENNER. Chair is prepared to rule. The gentleman from Texas has made a point of order that the amendment 

is not germane. The amendment is not germane for two reasons: 

First, the amendment proposes to deal with a different class, meanVerDate Aug 31 2005 02:24 May 16, 2006 Jkt 049006 PO 00000 Frm 00054 Fmt 6659 Sfmt 6601 E:\HR\OC\HR462P2.XXX HR462P2

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55 

ing the activities of the government of Sudan, than the class in the 

base bill, which is the activities of the Palestinian Authority. 

Secondly, it is clear that the subject matter of the amendment 

deals with or falls within the jurisdiction of the Committee on 

International Relations and, under rule X, is not within the jurisdiction of the Judiciary Committee, so for both of these reasons, the 

chair sustains the point of order. 

Are there further amendments? If there are no further amendment, a reporting quorum is present. The question is on reporting 

the bill, H.R. 4681, favorably, as amended. Those in favor will say 

aye—excuse me, strike that. Without objection, the version of the 

bill reported by the International Relations Committee, laid down 

as the base text, is adopted as amended. 

Now the chair declares a reporting quorum is present. The question occurs on the motion to report the bill, H.R. 4681, favorably, 

as amended. All those in favor will say aye. Opposed, no. The ayes 

appear to have it. The ayes have it, and the motion to report favorably is agreed to. 

Without objection, the bill will be reported favorably to the 

House in the form of a single amendment in the nature of a substitute incorporating the amendments adopted here today. Without 

objection, the staff is directed to make any technical and conforming changes, and all Members will be given 2 days as provided 

by the House rules in which to submit additional dissenting supplemental or minority views. 

The chair thanks all of the Members for their patience, and the 

agenda set forth in the notice of this markup has been completed, 

and without objection, the Committee stands adjourned. 

[Whereupon, at 12:50 p.m., the Committee was adjourned.] 

Æ 


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