II 

109TH CONGRESS 

2D SESSION S. 2237 

To withhold United States assistance from the Palestinian Authority until 

certain conditions have been satisfied. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2006 

Mr. SANTORUM (for himself, Mr. NELSON of Florida, and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To withhold United States assistance from the Palestinian 

Authority until certain conditions have been satisfied. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Palestinian Compliance 

5 Act of 2006’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Harakatu I-Mujawamati I-Islamiya, which 

9 translated in English means the ‘‘Islamic Resistance 
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1 Movement’’, was founded in Gaza by Sheikh Ahmad 

2 Yassin. 

3 (2) The Islamic Resistance Movement, also 

4 known as ‘‘Hamas’’ has been designated as a For5 eign Terrorist Organization by the Secretary of 

6 State. 

7 (3) The Hamas resistance movement, which 

8 evolved from the Muslim Brotherhood in 1987, won 

9 74 seats of the 132-seat legislature in the January 

10 26, 2006, Palestinian parliamentary elections. 

11 (4) Hamas, which has been designated by the 

12 Governments of the United States, Canada, and 

13 Israel and by the European Union as a terrorist or14 ganization, has carried out hundreds of terrorist at15 tacks, which have killed hundreds of civilians and in16 jured thousands more. 

17 (5) In 2001, the United States Government, 

18 under the authority of Executive Order No. 13224 

19 (50 U.S.C. 1701 note; prohibiting transactions with 

20 persons who support terrorism), blocked the assets 

21 of 3 entities, The Holy Land Foundation for Relief 

22 and Development, Beit al-Mal Holdings, and Al23 Aqsa Islamic Bank, because these entities were pro24 viding financial and material support to Hamas. 
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1 (6) Article 11 of the Hamas charter states the 

2 following: ‘‘The Islamic Resistance Movement be3 lieves that the land of Palestine is an Islamic Waqf 

4 consecrated for future Moslem generations until 

5 Judgement Day. It, or any part of it, should not be 

6 squandered: it, or any part of it, should not be given 

7 up. Neither a single Arab country nor all Arab coun8 tries, neither any king or president, nor all the kings 

9 and presidents, neither any organization nor all of 

10 them, be they Palestinian or Arab, possess the right 

11 to do that. Palestine is an Islamic Waqf land con12 secrated for Moslem generations until Judgement 

13 Day.’’. 

14 (7) Article 13 of the Hamas charter states, 

15 ‘‘There is no solution for the Palestinian question 

16 except through Jihad. Initiatives, proposals and 

17 international conferences are all a waste of time and 

18 vain endeavors.’’. 

19 (8) Hamas receives financial support from the 

20 Islamic Republic of Iran, a state sponsor of ter21 rorism, as well as charitable donations and remit22 tances from Arab expatriates and commercial enter23 prises. 
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1 (9) Hamas has a budget estimated at 

2 $70,000,000, with 85 percent of these funds coming 

3 from outside sources. 

4 (10) According to the Israel Defense Forces, 

5 Hamas has killed nearly 300 and wounded over 

6 2,000 Israeli citizens since September 2000. 

7 (11) According to the Office of the Coordinator 

8 for Counterterrorism of the Department of State, in 

9 2003 and 2004, terrorist attacks by Hamas, the 

10 Palestinian Islamic Jihad (PIJ), the al-Aqsa Mar11 tyrs Brigade, and the Popular Front for the Libera12 tion of Palestine (PFLP) killed almost 300 people in 

13 Israel, the West Bank, and Gaza. 

14 (12) Section 550(a) of the Foreign Operations, 

15 Export Financing, and Related Programs Appro16 priations Act, 2006 (Public Law 109–102; 119 Stat. 

17 2217) provides, ‘‘None of the funds appropriated by 

18 this Act to carry out the provisions of chapter 4 of 

19 part II of the Foreign Assistance Act of 1961 may 

20 be obligated or expended with respect to providing 

21 funds to the Palestinian Authority.’’. 

22 SEC. 3. PROHIBITION OF FINANCIAL ASSISTANCE TO THE 

23 PALESTINIAN AUTHORITY. 

24 Section 550 of the Foreign Operations, Export Fi25 nancing, and Related Programs Appropriations Act, 2006 
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1 (Public Law 109–102; 119 Stat. 2217) is amended by 

2 striking subsection (b) and inserting the following: 

3 ‘‘(b) WAIVER.—The prohibition included in sub4 section (a) shall not apply if the President certifies in writ5 ing to the Speaker of the House of Representatives and 

6 the President Pro Tempore of the Senate that the Pales7 tinian Authority has— 

8 ‘‘(1) denounced terrorism and expressed a com9 mitment to combating terrorism; 

10 ‘‘(2) committed to disarming terrorists and dis11 arming and dismantling terrorist networks, groups, 

12 and entities; 

13 ‘‘(3) committed to eliminating the incitement of 

14 terrorism and the commemoration of terrorists in 

15 Palestinian society; 

16 ‘‘(4) pledged to uphold the human rights, civil 

17 liberties, and religious liberties of the Palestinian 

18 people; 

19 ‘‘(5) recognized Israel’s right to exist and taken 

20 appropriate steps to amend ‘The Covenant of the Is21 lamic Resistance Movement’ dated August 18, 1988, 

22 to delete statements that are hostile to Israel and 

23 that support the use of violence; 

24 ‘‘(6) renounced the use of violence as a means 

25 to resolve disputes between entities; and 
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1 ‘‘(7) committed to prosecuting those individ2 uals, entities, and organizations that have committed 

3 acts of terrorism.’’. 

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