II 

109TH CONGRESS 

2D SESSION S. 2370 

To promote the development of democratic institutions in areas under the 

administrative control of the Palestinian Authority, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2006 

Mr. MCCONNELL (for himself, Mr. BIDEN, Mr. DEMINT, Ms. MIKULSKI, Mr. 

MARTINEZ, Mr. NELSON of Florida, Mr. HAGEL, Mr. NELSON of Nebraska, Mr. DEWINE, Mr. TALENT, Mr. ALLEN, Mr. FRIST, Mr. BURNS, 

Mr. THUNE, Mr. REID, Mr. SALAZAR, Mr. KERRY, Mr. BUNNING, Mr. 

LIEBERMAN, and Mrs. BOXER) introduced the following bill; which was 

read twice and referred to the Committee on Foreign Relations 

A BILL 

To promote the development of democratic institutions in 

areas under the administrative control of the Palestinian 

Authority, and for other purposes. 

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 Anti-Ter5 rorism Act of 2006’’. 


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1 SEC. 2. LIMITATION ON ASSISTANCE TO THE PALESTINIAN 

2 AUTHORITY. 

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

4 of the United States— 

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

6 end the conflict between Israel and the Palestinians 

7 in accordance with the Performance-Based Roadmap 

8 to a Permanent Two-State Solution to the Israeli9 Palestinian Conflict (commonly referred to as the 

10 ‘‘Roadmap’’); 

11 (2) to oppose those organizations, individuals, 

12 and countries that support terrorism and violently 

13 reject a two-state solution to end the Israeli-Pales14 tinian conflict; 

15 (3) to promote the rule of law, democracy, the 

16 cessation of terrorism and incitement, and good gov17 ernance in institutions and territories controlled by 

18 the Palestinian Authority; and 

19 (4) to urge members of the international com20 munity to avoid contact with and refrain from finan21 cially supporting the terrorist organization Hamas 

22 until it agrees to recognize Israel, renounce violence, 

23 disarm, and accept prior agreements, including the 

24 Roadmap. 


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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 

5 (as added by section 149 of Public Law 104-164 

6 (110 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.—Assistance may be provided 

12 under this Act to the Palestinian Authority only during 

13 a period for which a certification described in subsection 

14 (b) is in effect. 

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

16 this subsection is a certification transmitted by the Presi17 dent to Congress that contains a determination of the 

18 President that— 

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

20 the Palestinian Authority is effectively controlled by 

21 Hamas, unless Hamas has— 

22 ‘‘(A) publicly acknowledged Israel’s right 

23 to exist as a Jewish state; and 

24 ‘‘(B) committed itself and is adhering to 

25 all previous agreements and understandings 


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1 with the United States Government, with the 

2 Government of Israel, and with the inter3 national community, including agreements and 

4 understandings pursuant to the Performance5 Based Roadmap to a Permanent Two-State So6 lution to the Israeli-Palestinian Conflict (com7 monly referred to as the ‘Roadmap’); and 

8 ‘‘(2) the Palestinian Authority has made de9 monstrable progress toward— 

10 ‘‘(A) completing the process of purging 

11 from its security services individuals with ties to 

12 terrorism; 

13 ‘‘(B) dismantling all terrorist infrastruc14 ture within its jurisdiction, confiscating unau15 thorized weapons, arresting and bringing terror16 ists to justice, destroying unauthorized arms 

17 factories, thwarting and preempting terrorist 

18 attacks, and fully cooperating with Israel’s se19 curity services; 

20 ‘‘(C) halting all anti-American and anti21 Israel incitement in Palestinian Authority-con22 trolled electronic and print media and in 

23 schools, mosques, and other institutions it con24 trols, and replacing educational materials, inVerDate Aug 31 2005 05:21 Mar 07, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2370.IS S2370

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1 cluding textbooks, with materials that promote 

2 peace, tolerance, and coexistence with Israel; 

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

4 and an independent judiciary, and adopting 

5 other reforms such as ensuring transparent and 

6 accountable governance; and 

7 ‘‘(E) ensuring the financial transparency 

8 and accountability of all government ministries 

9 and operations. 

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

11 after the date on which the President transmits to Con12 gress an initial certification under subsection (b), and 

13 every six months thereafter— 

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

15 recertification that the conditions described in sub16 section (b) are continuing to be met; or 

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

18 recertification, the President shall transmit to Con19 gress a report that contains the reasons therefor. 

20 ‘‘(d) CONGRESSIONAL NOTIFICATION.—Assistance 

21 made available under this Act to the Palestinian Authority 

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

23 the President has provided notice thereof to the Com24 mittee on International Relations and the Committee on 

25 Appropriations of the House of Representatives and to the 


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1 Committee on Foreign Relations and the Committee on 

2 Appropriations of the Senate in accordance with the proce3 dures applicable to reprogramming notifications under 

4 section 634A(a) of this Act. 

5 ‘‘(e) NATIONAL SECURITY WAIVER.— 

6 ‘‘(1) WAIVER.—The President may waive the 

7 limitation in subsection (a) with respect to the ad8 ministrative and personal security costs of the Office 

9 of President of the Palestinian Authority and for ac10 tivities of the President of the Palestinian Authority 

11 to promote democracy and the rule of law if the 

12 President certifies and reports to the appropriate 

13 congressional committees that— 

14 ‘‘(A) it is in the national security interests 

15 of the United States to provide such assistance; 

16 and 

17 ‘‘(B) the President of the Palestinian Au18 thority and the President’s party are not affili19 ated with Hamas or any other foreign terrorist 

20 organization. 

21 ‘‘(2) CONSULTATION REQUIRED.—The Presi22 dent shall consult with the appropriate congressional 

23 committees prior to making a certification under 

24 paragraph (1). 

25 ‘‘(f) DEFINITIONS.—In this section: 


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1 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES DEFINED.—The term ‘appropriate congres3 sional committees’ means— 

4 ‘‘(A) the Committee on International Rela5 tions and the Committee on Appropriations of 

6 the House of Representatives; and 

7 ‘‘(B) the Committee on Foreign Relations 

8 and the Committee on Appropriations of the 

9 Senate. 

10 ‘‘(2) FOREIGN TERRORIST ORGANIZATION.— 

11 The term ‘foreign terrorist organization’ means an 

12 organization designated as a foreign terrorist organi13 zation by the Secretary of State in accordance with 

14 section 219(a) of the Immigration and Nationality 

15 Act (8 U.S.C. 1189(a)). 

16 ‘‘(3) PALESTINIAN AUTHORITY.—The term 

17 ‘Palestinian Authority’ means the interim Pales18 tinian administrative organization that governs part 

19 of the West Bank and all of the Gaza Strip (or any 

20 successor Palestinian governing entity), including 

21 the Palestinian Legislative Council.’’. 

22 (c) PREVIOUSLY OBLIGATED FUNDS.—The provi23 sions of section 620K of the Foreign Assistance Act of 

24 1961, as added by subsection (b), shall be applicable to 


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1 the unexpended balances of funds obligated prior to the 

2 date of the enactment of this Act. 

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

4 AND GAZA. 

5 (a) AMENDMENT.—Chapter 1 of part III of the For6 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as 

7 amended by section 2(b)(2), is further amended by adding 

8 at the end the following new section: 

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

10 BANK AND GAZA. 

11 ‘‘(a) LIMITATION.—Assistance may be provided 

12 under this Act to nongovernmental organizations for the 

13 West Bank and Gaza only during a period for which a 

14 certification described in section 620K(b) is in effect with 

15 respect to the Palestinian Authority. 

16 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply 

17 with respect to the following: 

18 ‘‘(1) ASSISTANCE TO MEET BASIC HUMAN

19 NEEDS.—Assistance to meet food, water, medicine, 

20 or sanitation needs, or other assistance to meet basic 

21 human needs. 

22 ‘‘(2) ASSISTANCE TO PROMOTE DEMOCRACY.— 

23 Assistance to promote democracy, human rights, 

24 freedom of the press, non-violence, reconciliation, 

25 and peaceful co-existence, provided that such assistVerDate Aug 31 2005 05:21 Mar 07, 2006 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2370.IS S2370

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1 ance does not directly benefit Hamas or other for2 eign terrorist organizations. 

3 ‘‘(3) OTHER TYPES OF ASSISTANCE.—Any 

4 other type of assistance if the President— 

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

6 assistance will further the national security in7 terests of the United States; and 

8 ‘‘(B) not less than 45 days prior to the ob9 ligation of amounts for the provision of such as10 sistance— 

11 ‘‘(i) consults with the appropriate con12 gressional committees regarding the spe13 cific programs, projects, and activities to 

14 be carried out using such assistance; and 

15 ‘‘(ii) submits to the appropriate con16 gressional committees a written memo17 randum that contains the determination of 

18 the President under subparagraph (A). 

19 ‘‘(4) DEFINITION.—In this subsection, the term 

20 ‘appropriate congressional committees’ means— 

21 ‘‘(A) the Committee on International Rela22 tions and the Committee on Appropriations of 

23 the House of Representatives; and 


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1 ‘‘(B) the Committee on Foreign Relations 

2 and the Committee on Appropriations of the 

3 Senate. 

4 ‘‘(c) MARKING REQUIREMENT.—Assistance provided 

5 under this Act to nongovernmental organizations for the 

6 West Bank and Gaza shall be marked as assistance from 

7 the American people or the United States Government un8 less the Administrator of the United States Agency for 

9 International Development determines that such marking 

10 will endanger the lives or safety of persons delivering such 

11 assistance or would have a significant adverse effect on 

12 the implementation of that assistance. 

13 ‘‘(d) CONGRESSIONAL NOTIFICATION.—Assistance 

14 made available under this Act to nongovernmental organi15 zations for the West Bank and Gaza may not be provided 

16 until 15 days after the date on which the President has 

17 provided notice thereof to the Committee on International 

18 Relations and the Committee on Appropriations of the 

19 House of Representatives and to the Committee on For20 eign Relations and the Committee on Appropriations of 

21 the Senate in accordance with the procedures applicable 

22 to reprogramming notifications under section 634A(a) of 

23 this Act.’’. 

24 (b) OVERSIGHT AND RELATED REQUIREMENTS.— 


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

2 2007 and 2008, the Secretary of State shall certify 

3 to the appropriate congressional committees not 

4 later than 30 days prior to the initial obligation of 

5 amounts for assistance to nongovernmental organi6 zations for the West Bank or Gaza under the For7 eign Assistance Act of 1961 that procedures have 

8 been established to ensure that the Comptroller Gen9 eral of the United States will have access to appro10 priate United States financial information in order 

11 to review the use of such assistance. 

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

13 amounts for each of the fiscal years 2007 and 2008 

14 for assistance to nongovernmental organizations for 

15 the West Bank or Gaza under the Foreign Assist16 ance Act of 1961 or any other provision of law, the 

17 Secretary of State shall take all appropriate steps to 

18 ensure that such assistance is not provided to or 

19 through any individual or entity that the Secretary 

20 knows, or has reason to believe, advocates, plans, 

21 sponsors, engages in, or has engaged in, terrorist ac22 tivity. The Secretary shall, as appropriate, establish 

23 procedures specifying the steps to be taken in car24 rying out this paragraph and shall terminate assist25 ance to any individual or entity that the Secretary 


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1 has determined advocates, plans, sponsors, or en2 gages in terrorist activity. 

3 (3) PROHIBITION.—No amounts made available 

4 for fiscal year 2007 or 2008 for assistance to non5 governmental organizations for the West Bank or 

6 Gaza under the Foreign Assistance Act of 1961 may 

7 be made available for the purpose of recognizing or 

8 otherwise honoring individuals who commit, or have 

9 committed, acts of terrorism. 

10 (4) AUDITS.— 

11 (A) IN GENERAL.—The Administrator of 

12 the United States Agency for International De13 velopment shall ensure that Federal or non14 Federal audits of all contractors and grantees, 

15 and significant subcontractors and subgrantees, 

16 that receive amounts for assistance to non17 governmental organizations for the West Bank 

18 or Gaza under the Foreign Assistance Act of 

19 1961 are conducted for each of the fiscal years 

20 2007 and 2008 to ensure, among other things, 

21 compliance with this subsection. 

22 (B) AUDITS BY INSPECTOR GENERAL OF

23 USAID.—Of the amounts available for each of 

24 the fiscal years 2007 and 2008 for assistance to 

25 nongovernmental organizations for the West 


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1 Bank or Gaza under the Foreign Assistance 

2 Act of 1961, up to $1,000,000 for each such 

3 fiscal year may be used by the Office of the In4 spector General of the United States Agency for 

5 International Development for audits, inspec6 tions, and other activities in furtherance of the 

7 requirements of subparagraph (A). Such 

8 amounts are in addition to amounts otherwise 

9 available for such purposes. 

10 SEC. 4. DESIGNATION OF TERRITORY CONTROLLED BY THE 

11 PALESTINIAN AUTHORITY AS TERRORIST 

12 SANCTUARY. 

13 It is the sense of Congress that, during any period 

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

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

16 2(b)(2) of this Act) is not in effect with respect to the 

17 Palestinian Authority, the territory controlled by the Pal18 estinian Authority should be deemed to be in use as a 

19 sanctuary for terrorists or terrorist organizations for pur20 poses of section 6(j)(5) of the Export Administration Act 

21 of 1979 (50 U.S.C. App. 2405(j)(5)) and section 140 of 

22 the Foreign Relations Authorization Act, Fiscal Years 

23 1988 and 1989 (22 U.S.C. 2656f). 


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1 SEC. 5. DENIAL OF VISAS FOR OFFICIALS OF THE PALES2 TINIAN AUTHORITY. 

3 A visa should not be issued to any alien who is an 

4 official of, affiliated with, or serving as a representative 

5 of the Palestinian Authority, other than the President of 

6 the Palestinian Authority and his or her personal rep7 resentatives, provided that the President and his or her 

8 personal representatives are not affiliated with Hamas or 

9 any other foreign terrorist organization, during any period 

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

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

12 2(b)(2) of this Act) is not in effect with respect to the 

13 Palestinian Authority. 

14 SEC. 6. TRAVEL RESTRICTIONS ON OFFICIALS AND REP15 RESENTATIVES OF THE PALESTINIAN AU16 THORITY AND THE PALESTINE LIBERATION 

17 ORGANIZATION STATIONED AT THE UNITED 

18 NATIONS IN NEW YORK CITY. 

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, and except as provided in subsection (b), the 

21 President should restrict the travel of officials and rep22 resentatives of the Palestinian Authority and of the Pal23 estine Liberation Organization, who are stationed at the 

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

25 the United Nations headquarters building during any pe26 riod for which a certification described in section 620K(b) 


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

2 2(b)(2) of this Act) is not in effect with respect to the 

3 Palestinian Authority. 

4 (b) EXCEPTION.—The travel restrictions described in 

5 subsection (a) should not apply to the President of the 

6 Palestinian Authority and his or her personal representa7 tives, provided that the President and his or her personal 

8 representatives are not affiliated with Hamas or any other 

9 foreign terrorist organization. 

10 SEC. 7. PROHIBITION ON PALESTINIAN AUTHORITY REP11 RESENTATION IN THE UNITED STATES. 

12 (a) PROHIBITION.—Notwithstanding any other provi13 sion of law, it shall be unlawful to establish or maintain 

14 an office, headquarters, premises, or other facilities or es15 tablishments within the jurisdiction of the United States 

16 at the behest or direction of, or with funds provided by, 

17 the Palestinian Authority during any period for which a 

18 certification described in section 620K(b) of the Foreign 

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

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

21 Authority. 

22 (b) ENFORCEMENT.— 

23 (1) ATTORNEY GENERAL.—The Attorney Gen24 eral shall take the necessary steps and institute the 


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1 necessary legal action to effectuate the policies and 

2 provisions of subsection (a). 

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

4 States for a district in which a violation of sub5 section (a) occurs shall have authority, upon petition 

6 of relief by the Attorney General, to grant injunctive 

7 and such other equitable relief as it shall deem nec8 essary to enforce the provisions of subsection (a). 

9 (c) WAIVER.—Subsection (a) shall not apply if the 

10 President determines and certifies to the appropriate con11 gressional committees that the establishment or mainte12 nance of an office, headquarters, premises, or other facili13 ties is vital to the national security interests of the United 

14 States. 

15 SEC. 8. INTERNATIONAL FINANCIAL INSTITUTIONS. 

16 (a) REQUIREMENT.—The President should direct the 

17 United States Executive Director at each international fi18 nancial institution to use the voice, vote, and influence of 

19 the United States to prohibit assistance to the Palestinian 

20 Authority (other than assistance described under sub21 section (b)) during any period for which a certification de22 scribed in section 620K(b) of the Foreign Assistance of 

23 1961 (as added by section 2(b)(2) of this Act) is not in 

24 effect with respect to the Palestinian Authority. 


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1 (b) EXCEPTIONS.—The prohibition on assistance de2 scribed in subsection (a) should not apply with respect to 

3 the following types of assistance: 

4 (1) Assistance to meet food, water, medicine, or 

5 sanitation needs, or other assistance to meet basic 

6 human needs. 

7 (2) Assistance to promote democracy, human 

8 rights, freedom of the press, non-violence, reconcili9 ation, and peaceful co-existence, provided that such 

10 assistance does not directly benefit Hamas or other 

11 foreign terrorist organizations. 

12 (c) DEFINITION.—In this section, the term ‘‘inter13 national financial institution’’ has the meaning given the 

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

15 Institutions Act (22 U.S.C. 262r(c)(2)). 

16 SEC. 9. DIPLOMATIC CONTACTS WITH PALESTINIAN TER17 ROR ORGANIZATIONS. 

18 No funds authorized or available to the Department 

19 of State may be used for or by any officer or employee 

20 of the United States Government to negotiate with mem21 bers or official representatives of Hamas, Palestinian Is22 lamic Jihad, the Popular Front for the Liberation of Pal23 estine, al-Aqsa Martyrs Brigade, or any other Palestinian 

24 terrorist organization (except in emergency or humani25 tarian situations), unless and until such organization— 


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

2 (2) renounces the use of terrorism; 

3 (3) dismantles the infrastructure in areas with4 in its jurisdiction necessary to carry out terrorist 

5 acts, including the disarming of militias and the 

6 elimination of all instruments of terror; and 

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

9 Israel and the Palestinian Authority. 

10 SEC. 10. REPORTING REQUIREMENT. 

11 Not later than 90 days after the date of the enact12 ment of this Act, and annually thereafter, the Secretary 

13 of State shall submit to the appropriate congressional 

14 committees a report that— 

15 (1) describes the steps that have been taken by 

16 the United States Government to ensure that other 

17 countries and international organizations, including 

18 multilateral development banks, do not provide di19 rect assistance to the Palestinian Authority for any 

20 period for which a certification described in section 

21 620K(b) of the Foreign Assistance Act of 1961 (as 

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

23 with respect to the Palestinian Authority; and 

24 (2) identifies any countries and international 

25 organizations, including multilateral development 


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1 banks, that are providing direct assistance to the 

2 Palestinian Authority during such a period, and de3 scribes the nature and amount of such assistance. 

4 SEC. 11. DEFINITIONS. 

5 In this Act: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on International Rela10 tions and the Committee on Appropriations of 

11 the House of Representatives; and 

12 (B) the Committee on Foreign Relations 

13 and the Committee on Appropriations of the 

14 Senate. 

15 (2) PALESTINIAN AUTHORITY.—The term ‘‘Pal16 estinian Authority’’ has the meaning given the term 

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

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

Æ 


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