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26–909PDF 2006

CONGRATULATING THE PEOPLE AND GOVERNMENT OF ITALY,

THE TORINO OLYMPIC ORGANIZING COMMITTEE, THE INTERNATIONAL OLYMPIC COMMITTEE, THE UNITED STATES OLYMPIC COMMITTEE, THE 2006 UNITED STATES OLYMPIC TEAM,

AND ALL INTERNATIONAL ATHLETES UPON THE SUCCESSFUL

COMPLETION OF THE 2006 OLYMPIC WINTER GAMES IN

TURIN, ITALY; AND THE PALESTINIAN ANTI-TERRORISM ACT

OF 2006

MARKUP

BEFORE THE

COMMITTEE ON 

INTERNATIONAL RELATIONS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

SECOND SESSION

ON

H. Res. 697 and H.R. 4681

APRIL 6, 2006

Serial No. 109–164

Printed for the use of the Committee on International Relations

(

Available via the World Wide Web: http://www.house.gov/international—relations 

(II)

COMMITTEE ON INTERNATIONAL RELATIONS 

HENRY J. HYDE, Illinois, Chairman 

JAMES A. LEACH, Iowa 

CHRISTOPHER H. SMITH, New Jersey, 

Vice Chairman 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

EDWARD R. ROYCE, California 

PETER T. KING, New York 

STEVE CHABOT, Ohio 

THOMAS G. TANCREDO, Colorado 

RON PAUL, Texas 

DARRELL ISSA, California 

JEFF FLAKE, Arizona 

JO ANN DAVIS, Virginia 

MARK GREEN, Wisconsin 

JERRY WELLER, Illinois 

MIKE PENCE, Indiana 

THADDEUS G. MCCOTTER, Michigan 

KATHERINE HARRIS, Florida 

JOE WILSON, South Carolina 

JOHN BOOZMAN, Arkansas 

J. GRESHAM BARRETT, South Carolina 

CONNIE MACK, Florida 

JEFF FORTENBERRY, Nebraska 

MICHAEL MCCAUL, Texas 

TED POE, Texas 

TOM LANTOS, California 

HOWARD L. BERMAN, California 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

SHERROD BROWN, Ohio 

BRAD SHERMAN, California 

ROBERT WEXLER, Florida 

ELIOT L. ENGEL, New York 

WILLIAM D. DELAHUNT, Massachusetts 

GREGORY W. MEEKS, New York 

BARBARA LEE, California 

JOSEPH CROWLEY, New York 

EARL BLUMENAUER, Oregon 

SHELLEY BERKLEY, Nevada 

GRACE F. NAPOLITANO, California 

ADAM B. SCHIFF, California 

DIANE E. WATSON, California 

ADAM SMITH, Washington 

BETTY MCCOLLUM, Minnesota 

BEN CHANDLER, Kentucky 

DENNIS A. CARDOZA, California 

RUSS CARNAHAN, Missouri 

THOMAS E. MOONEY, SR., Staff Director/General Counsel 

ROBERT R. KING, Democratic Staff Director 

DANIEL FREEMAN, Counsel/Parliamentarian 

JEAN CARROLL, Full Committee Hearing Coordinator 

(III)

C O N T E N T S 

Page

MARKUP OF 

H. Res. 697, Congratulating the people and Government of Italy, the Torino 

Olympic Organizing Committee, the International Olympic Committee, the 

United States Olympic Committee, the 2006 United States Olympic Team, 

and all international athletes upon the successful completion of the 2006 

Olympic Winter Games in Turin, Italy .............................................................. 2

Amendment in the Nature of a Substitute to H. Res. 697 offered by the 

Honorable Henry J. Hyde, a Representative in Congress from the State 

of Illinois, and Chairman, Committee on International Relations ............... 5

H.R. 4681, To promote the development of democratic institutions in areas 

under the administrative control of the Palestinian Authority, and for other 

purposes ................................................................................................................ 9

Amendment in the Nature of a Substitute to H.R. 4681 offered by the 

Honorable Ileana Ros-Lehtinen, a Representative in Congress from the 

State of Florida, the Honorable Tom Lantos, a Representative in Congress from the State of California, and the Honorable Henry J. Hyde, 

a Representative in Congress from the State of Illinois, and Chairman, 

Committee on International Relations ........................................................... 28

Amendment to the Amendment in the Nature of a Substitute to H.R. 

4861 offered by the Honorable Shelley Berkley, a Representative in Congress from the State of Nevada ....................................................................... 56

Amendment to the Amendment in the Nature of a Substitute to H.R. 

4861 offered by the Honorable Brad Sherman, a Representative in Congress from the State of California ................................................................... 61

APPENDIX 

The Honorable Sherrod Brown, a Representative in Congress from the State 

of Ohio: Prepared statement ............................................................................... 69

The Honorable Darrell Issa, a Representative in Congress from the State 

of California: Prepared statement ...................................................................... 69

The Honorable Betty McCollum, a Representative in Congress from the State 

of Minnesota: Prepared statement ...................................................................... 70

(1)

CONGRATULATING THE PEOPLE AND GOVERNMENT OF ITALY, THE TORINO OLYMPIC 

ORGANIZING COMMITTEE, THE INTERNATIONAL OLYMPIC COMMITTEE, THE 

UNITED STATES OLYMPIC COMMITTEE, THE 

2006 UNITED STATES OLYMPIC TEAM, AND 

ALL INTERNATIONAL ATHLETES UPON THE 

SUCCESSFUL COMPLETION OF THE 2006 

OLYMPIC WINTER GAMES IN TURIN, ITALY; 

AND THE PALESTINIAN ANTI-TERRORISM 

ACT OF 2006

THURSDAY, APRIL 6, 2006

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON INTERNATIONAL RELATIONS, 

Washington, DC. 

The Committee met, pursuant to call, at 1:26 p.m. in Room 2172, 

Rayburn House Office Building, Hon. Henry J. Hyde (Chairman of 

the Committee) presiding. 

Chairman HYDE. The Committee will come to order. It is the intention of the Chair, by unanimous consent, to obtain authorization 

to seek consideration of H. Res. 697, the Olympics Resolution, 

under suspension of the rules. Accordingly, without objection, the 

Chairman is authorized to seek consideration of H. Res. 697, Congratulating the people and Government of Italy upon the successful 

completion of the 2006 Olympic Winter Games in Turin, Italy, and 

the amendment which the Members have before them will be 

deemed adopted. 

[The information referred to follows:]

2

1

IV

109TH CONGRESS

2D SESSION H. RES. 697

Congratulating the people and Government of Italy, the Torino Olympic

Organizing Committee, the International Olympic Committee, the United

States Olympic Committee, the 2006 United States Olympic Team, and

all international athletes upon the successful completion of the 2006

Olympic Winter Games in Turin, Italy.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 28, 2006

Mr. HYDE (for himself and Mr. LANTOS) submitted the following resolution;

which was referred to the Committee on International Relations

RESOLUTION

Congratulating the people and Government of Italy, the

Torino Olympic Organizing Committee, the International

Olympic Committee, the United States Olympic Committee, the 2006 United States Olympic Team, and all

international athletes upon the successful completion of

the 2006 Olympic Winter Games in Turin, Italy.

Whereas from February 17 to February 26, 2006, Turin,

Italy, hosted the 2006 Olympic Winter Games;

Whereas this is the third time Italy has hosted the Olympic

Games, with the prior Winter Games having been held in

1956 in Cortina d’Ampezzo and the Summer Games having been held in 1960 in Rome;


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•HRES 697 IH

Whereas the people of Turin and the surrounding Alpine

areas have opened their hearts to the world, demonstrated their passions for sports, art, and culture, and

strengthened the bonds between the city of Turin and the

surrounding Alpine areas;

Whereas the city of Turin accommodated nearly 2,600 athletes, more than 2,700 trainers and escorts, 18,000 volunteers, 9,500 members of the media, and nearly one

million spectators at seven competition sites and three

Olympic villages;

Whereas, in light of a global terror threat, Italian authorities

implemented extraordinary security measures and successfully coordinated the efforts of 10,000 police officers

and 2,500 Italian military personnel, providing effective

and efficient protection, while also ensuring a secure and

stable environment for both athletes and spectators alike;

Whereas through the stewardship of the International Olympic Committee and the Torino Olympic Organizing Committee, athletes representing 80 different countries competed in 15 disciplines of winter sport with the spirit of

mutual respect and understanding, furthering the Olympic legacy of ‘‘peace between nations, equality, fair play,

loyalty and respect’’;

Whereas well over 200 members of the United States Olympic Team participated in the Games and embodied the

spirit of this Nation with resolve and determination and

won 25 medals, including nine gold medals; and

Whereas more than 600 athletes from 41 countries will compete in the 2006 Paralympic Winter Games in March

2006 in Turin: Now, therefore, be it

1 Resolved, That the House of Representatives—


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3

•HRES 697 IH

1 (1) commends the people and Government of

2 Italy, and specifically the people of Turin and the

3 surrounding Alpine areas, the Torino Olympic Orga4 nizing Committee, and the International Olympic

5 Committee upon the successful completion of the

6 2006 Olympic Winter Games;

7 (2) congratulates the United States Olympic

8 Committee, the 2006 United States Olympic Team,

9 and all international athletes for their outstanding

10 performances at the 2006 Olympic Winter Games;

11 (3) expresses gratitude to the thousands of vol12 unteers and others who made the 2006 Olympic

13 Winter Games exciting, safe, and successful; and

14 (4) expresses support to the 2006 United

15 States Paralympic Team in the upcoming

16 Paralympic Winter Games.

Æ


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1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H. RES. 697

OFFERED BY MR. HYDE

Strike the preamble and insert the following:

Whereas from February 17 to February 26, 2006, Turin,

Italy, hosted the 2006 Olympic Winter Games;

Whereas this is the third time Italy has hosted the Olympic

Games, with the prior Winter Games having been held in

1956 in Cortina d’Ampezzo and the Summer Games having been held in 1960 in Rome;

Whereas the people of Turin and the surrounding Alpine

areas have opened their hearts to the world, demonstrated their passions for sports, art, and culture, and

strengthened the bonds between the city of Turin and the

surrounding Alpine areas;

Whereas the city of Turin accommodated nearly 2,600 athletes, more than 2,700 trainers and escorts, 18,000 volunteers, 9,500 members of the media, and nearly

1,000,000 spectators at 7 competition sites and 3 Olympic villages;

Whereas, in light of a global terror threat, Italian authorities

implemented extraordinary security measures and successfully coordinated the efforts of 10,000 police officers

and 2,500 Italian military personnel, providing effective

and efficient protection, while also ensuring a secure and

stable environment for both athletes and spectators alike;

Whereas, through the stewardship of the International Olympic Committee and the Torino Olympic Organizing Committee, athletes representing 80 different countries comVerDate Mar 21 2002 12:51 Jun 30, 2006 Jkt 000000 PO 00000 Frm 00009 Fmt 6633 Sfmt 6633 F:\WORK\FULL\040606M\26909.000 HINTREL1 PsN: SHIRL

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2

H.L.C.

peted in 15 disciplines of winter sport with the spirit of

mutual respect and understanding, furthering the Olympic legacy of ‘‘peace between nations, equality, fair play,

loyalty and respect’’;

Whereas well over 200 members of the United States Olympic Team participated in the Games and embodied the

spirit of this Nation with resolve and determination and

won 25 medals, including 9 gold medals;

Whereas 477 athletes from 39 countries competed for 9 days

in March 2006 in Turin at the 2006 Paralympic Winter

Games, which were organized in 1948 as a venue for injured World War II veterans to compete, demonstrating

not an individual’s disability, but rather the individual’s

achievements in athleticism; and

Whereas the United States Olympic Team ranked second

among all nations in the number of medals won at the

2006 Olympic Winter Games and the United States

Paralympic Team ranked seventh among all nations in

the number of medals won at the 2006 Paralympic Winter Games: Now, therefore, be it

Strike all after the resolving clause and insert the

following:

1 That the House of Representatives—

2 (1) commends the people and Government of

3 Italy, and specifically the people of Turin and the

4 surrounding Alpine areas, the Torino Olympic Orga5 nizing Committee, and the International Olympic


26909b.AAC
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3

H.L.C.

1 Committee on the successful completion of the 2006

2 Olympic Winter Games;

3 (2) congratulates the United States Olympic

4 Committee, the 2006 United States Olympic and

5 Paralympic Teams, and all international athletes for

6 their outstanding performances at the 2006 Olympic

7 Winter Games; and

8 (3) expresses gratitude to the thousands of vol9 unteers and others who made the 2006 Olympic

10 Winter Games exciting, safe, and successful.

Amend the title so as to read: ‘‘Resolution congratulating the people and Government of Italy, the Torino

Olympic Organizing Committee, the International Olympic Committee, the United States Olympic Committee,

the 2006 United States Olympic and Paralympic Teams,

and all international athletes upon the successful completion of the 2006 Olympic Winter Games in Turin,

Italy.’’.


26909b.AAD
8

Chairman HYDE. Pursuant to notice, I 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 point, and the amendment in the nature of a substitute, 

which the Members have before them, will be considered as read 

and be considered as the original text for purposes of amendment. 

[The information referred to follows:]

9

1

I

109TH CONGRESS

2D SESSION H. R. 4681

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

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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2

•HR 4681 IH

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 to promote the emergence of a demo5 cratic Palestinian governing authority that—

6 (1) denounces and combats terrorism;

7 (2) has agreed to and is taking action to disarm

8 and dismantle any terrorist agency, network, or fa9 cility;

10 (3) has agreed to work to eliminate anti-Israel

11 and anti-Semitic incitement and the commemoration

12 of terrorists in Palestinian society;

13 (4) has agreed to respect the boundaries and

14 sovereignty of its neighbors;

15 (5) acknowledges, respects, and upholds the

16 human rights of all people;

17 (6) conducts free, fair, and transparent elec18 tions in compliance with international standards;

19 (7) ensures institutional and financial trans20 parency and accountability; and

21 (8) has agreed to recognize the State of Israel

22 as an independent, sovereign, Jewish, democratic

23 state.

24 (b) AMENDMENTS.—Chapter 1 of part III of the For25 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is

26 amended—


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3

•HR 4681 IH

1 (1) by redesignating the second section 620G

2 (as added by section 149 of Public Law 104–164

3 (110 Stat. 1436)) as section 620J; and

4 (2) by adding at the end the following new sec5 tion:

6 ‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALES7 TINIAN AUTHORITY.

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

9 under this Act or any other provision of law to the Pales10 tinian Authority only during a period for which a certifi11 cation described in subsection (b) is in effect.

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

13 this subsection is a certification transmitted by the Presi14 dent to Congress that contains a determination of the

15 President that—

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

17 the Palestinian Authority is controlled by a foreign

18 terrorist organization and no member of a foreign

19 terrorist organization serves in a ministry, agency,

20 or instrumentality of the Palestinian Authority;

21 ‘‘(2) the Palestinian Authority has—

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

23 to exist as a Jewish state; and

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

25 all previous agreements and understandings


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•HR 4681 IH

1 with the Government of the United States, the

2 Government of Israel, and the international

3 community, including agreements and under4 standings pursuant to the Performance-Based

5 Roadmap to a Permanent Two-State Solution

6 to the Israeli-Palestinian Conflict (commonly

7 referred to as the ‘Roadmap’); and

8 ‘‘(3) the Palestinian Authority has taken effec9 tive steps and made demonstrable 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, confiscating unauthorized weapons, arrest15 ing and bringing terrorists to justice, destroying

16 unauthorized arms factories, thwarting and pre17 empting terrorist attacks, and fully cooperating

18 with Israel’s security services;

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

20 Palestinian Authority-controlled electronic and

21 print media and in schools, mosques, and other

22 institutions it controls, and replacing these ma23 terials, including textbooks, with materials that

24 promote tolerance, peace, and coexistence with

25 Israel;


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•HR 4681 IH

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

2 and an independent judiciary, and adopting

3 other reforms such as ensuring transparent and

4 accountable governance; and

5 ‘‘(E) ensuring the financial transparency

6 and accountability of all government ministries

7 and operations.

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

9 after the date on which the President transmits to Con10 gress an initial certification under subsection (b), and

11 every six months thereafter—

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

13 recertification that the requirements contained in

14 subsection (b) are continuing to be met; or

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

16 recertification, the President shall transmit to Con17 gress a report that contains the reasons therefor.

18 ‘‘(d) CONGRESSIONAL NOTIFICATION.—Assistance

19 made available under this Act or any other provision of

20 law to the Palestinian Authority may not be provided until

21 15 days after the date on which the President has pro22 vided notice thereof to the Committee on International Re23 lations and the Committee on Appropriations of the House

24 of Representatives and to the Committee on Foreign Rela25 tions and the Committee on Appropriations of the Senate


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•HR 4681 IH

1 in accordance with the procedures applicable to re2 programming notifications under section 634A(a) of this

3 Act.

4 ‘‘(e) DEFINITIONS.—In this section:

5 ‘‘(1) FOREIGN TERRORIST ORGANIZATION.—

6 The term ‘foreign terrorist organization’ means an

7 organization designated as a foreign terrorist organi8 zation by the Secretary of State in accordance with

9 section 219(a) of the Immigration and Nationality

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

11 ‘‘(2) PALESTINIAN AUTHORITY.—The term

12 ‘Palestinian Authority’ means the interim Pales13 tinian administrative organization that governs part

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

15 successor Palestinian governing entity), including

16 the Palestinian Legislative Council.’’.

17 (c) REPORT BY COMPTROLLER GENERAL.—Not later

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

19 the Comptroller General of the United States shall submit

20 to the appropriate congressional committees a report that

21 contains a review of the extent to which United States as22 sistance to the Palestinian Authority under the Foreign

23 Assistance Act of 1961 or any other provision of law is

24 properly audited by the Department of State, the United

25 States Agency for International Development, and all


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•HR 4681 IH

1 other relevant departments and agencies of the Govern2 ment of the United States.

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) of this Act, is further amended

8 by adding 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 or any other provision of law to nongovern13 mental organizations for the West Bank and Gaza only

14 during a period for which a certification described in sec15 tion 620K(b) of this Act is in effect with respect to the

16 Palestinian Authority.

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

18 with respect to the following:

19 ‘‘(1) ASSISTANCE TO MEET BASIC HUMAN

20 HEALTH NEEDS.—The provision of food, water,

21 medicine, sanitation services, or other assistance to

22 meet basic human health needs.

23 ‘‘(2) OTHER TYPES OF ASSISTANCE.—The pro24 vision of any other type of assistance if the

25 President—


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•HR 4681 IH

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

2 assistance will further the national security in3 terests of the United States; and

4 ‘‘(B) not less than 45 days prior to the ob5 ligation of amounts for the provision of such

6 assistance—

7 ‘‘(i) consults with the appropriate con8 gressional committees regarding the spe9 cific programs, projects, and activities to

10 be carried out using such assistance; and

11 ‘‘(ii) submits to the appropriate con12 gressional committees a written memo13 randum that contains the determination of

14 the President under subparagraph (A).

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

16 ‘appropriate congressional committees’ means—

17 ‘‘(A) the Committee on International Rela18 tions and the Committee on Appropriations of

19 the House of Representatives; and

20 ‘‘(B) the Committee on Foreign Relations

21 and the Committee on Appropriations of the

22 Senate.

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

24 under this Act or any other provision of law to nongovern25 mental organizations for the West Bank and Gaza shall


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•HR 4681 IH

1 be marked as assistance from the Government of the

2 United States unless the Administrator of the United

3 States Agency for International Development determines

4 that such marking will endanger the lives or safety of per5 sons delivering such assistance.

6 ‘‘(d) CONGRESSIONAL NOTIFICATION.—Assistance

7 made available under this Act or any other provision of

8 law to nongovernmental organizations for the West Bank

9 and Gaza may not be provided until 15 days after the date

10 on which the President has provided notice thereof to the

11 Committee on International Relations and the Committee

12 on Appropriations of the House of Representatives and to

13 the Committee on Foreign Relations and the Committee

14 on Appropriations of the Senate in accordance with the

15 procedures applicable to reprogramming notifications

16 under section 634A(a) of this Act.’’.

17 (b) OVERSIGHT AND RELATED REQUIREMENTS.—

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

19 2007 and 2008, the Secretary of State shall certify

20 to the appropriate congressional committees not

21 later than 30 days prior to the initial obligation of

22 amounts for assistance to nongovernmental organi23 zations for the West Bank or Gaza under the For24 eign Assistance Act of 1961 or any other provision

25 of law that procedures have been established to enVerDate Mar 21 2002 12:51 Jun 30, 2006 Jkt 000000 PO 00000 Frm 00021 Fmt 6633 Sfmt 6633 F:\WORK\FULL\040606M\26909.000 HINTREL1 PsN: SHIRL

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•HR 4681 IH

1 sure that the Comptroller General of the United

2 States will have access to appropriate United States

3 financial information in order to review the use of

4 such assistance.

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

6 amounts for each of the fiscal years 2007 and 2008

7 for assistance to nongovernmental organizations for

8 the West Bank or Gaza under the Foreign Assist9 ance Act of 1961 or any other provision of law, the

10 Secretary of State shall take all appropriate steps to

11 ensure that such assistance is not provided to or

12 through any individual or entity that the Secretary

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

14 sponsors, engages in, or has engaged in, terrorist ac15 tivity. The Secretary shall, as appropriate, establish

16 procedures specifying the steps to be taken in car17 rying out this paragraph and shall terminate assist18 ance to any individual or entity that the Secretary

19 has determined advocates, plans, sponsors, or en20 gages in terrorist activity.

21 (3) PROHIBITION.—No amounts made available

22 for fiscal year 2007 or 2008 for assistance to non23 governmental organizations for the West Bank or

24 Gaza under the Foreign Assistance Act of 1961 or

25 any other provision of law may be made available for


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•HR 4681 IH

1 the purpose of recognizing or otherwise honoring in2 dividuals who commit, or have committed, acts of

3 terrorism.

4 (4) AUDITS.—

5 (A) IN GENERAL.—The Administrator of

6 the United States Agency for International De7 velopment shall ensure that independent audits

8 of all contractors and grantees, and significant

9 subcontractors and subgrantees, that receive

10 amounts for assistance to nongovernmental or11 ganizations for the West Bank or Gaza under

12 the Foreign Assistance Act of 1961 or any

13 other provision of law, are conducted for each

14 of the fiscal years 2007 and 2008 to ensure,

15 among other things, compliance with this sub16 section.

17 (B) AUDITS BY INSPECTOR GENERAL OF

18 USAID.—Of the amounts available for each of

19 the fiscal years 2007 and 2008 for assistance to

20 nongovernmental organizations for the West

21 Bank or Gaza under the Foreign Assistance

22 Act of 1961 or any other provision of law, up

23 to $1,000,000 for each such fiscal year may be

24 used by the Office of the Inspector General of

25 the United States Agency for International DeVerDate Mar 21 2002 12:51 Jun 30, 2006 Jkt 000000 PO 00000 Frm 00023 Fmt 6633 Sfmt 6633 F:\WORK\FULL\040606M\26909.000 HINTREL1 PsN: SHIRL

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•HR 4681 IH

1 velopment for audits, inspections, and other ac2 tivities in furtherance of the requirements of

3 subparagraph (A). Such amounts are in addi4 tion to amounts otherwise available for such

5 purposes.

6 SEC. 4. UNITED NATIONS AGENCIES AND PROGRAMS.

7 (a) DEPARTMENT OF STATE REVIEW AND RE8 PORT.—

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

10 the date of the enactment of this Act, the Secretary

11 of State shall—

12 (A) conduct an audit of the functions of

13 the entities specified in paragraph (2); and

14 (B) submit to the appropriate congres15 sional committees a report containing rec16 ommendations for the elimination of such dupli17 cative entities and efforts.

18 (2) ENTITIES SPECIFIED.—The entities re19 ferred to in paragraph (1) are the following:

20 (A) The United Nations Division for Pales21 tinian Rights.

22 (B) The Committee on the Exercise of the

23 Inalienable Rights of the Palestinian People.

24 (C) The United Nations Special Coordi25 nator for the Middle East Peace Process and


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•HR 4681 IH

1 Personal Representative to the Palestine Lib2 eration Organization and the Palestinian Au3 thority.

4 (D) The NGO Network on the Question of

5 Palestine.

6 (E) The Special Committee to Investigate

7 Israeli Practices Affecting the Human Rights of

8 the Palestinian People and Other Arabs of the

9 Occupied Territories.

10 (F) Any other entity the Secretary deter11 mines results in duplicative efforts or funding

12 or fails to ensure balance in the approach to

13 Israeli-Palestinian issues.

14 (b) IMPLEMENTATION OF RECOMMENDATIONS BY

15 PERMANENT REPRESENTATIVE.—

16 (1) IN GENERAL.—The President shall direct

17 the United States Permanent Representative to the

18 United Nations to use the voice, vote, and influence

19 of the United States at the United Nations to seek

20 the implementation of the recommendations con21 tained in the report required under subsection

22 (a)(1)(B).

23 (2) WITHHOLDING OF FUNDS.—Until such rec24 ommendations have been implemented, the United

25 States shall withhold from United States contribuVerDate Mar 21 2002 12:51 Jun 30, 2006 Jkt 000000 PO 00000 Frm 00025 Fmt 6633 Sfmt 6633 F:\WORK\FULL\040606M\26909.000 HINTREL1 PsN: SHIRL

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•HR 4681 IH

1 tions to the regular assessed budget of the United

2 Nations for a biennial period amounts that are pro3 portional to the percentage of such budget that are

4 expended for such entities.

5 (c) GAO AUDIT.—The Comptroller General shall

6 conduct an audit of the status of the implementation of

7 the recommendations contained in the report required

8 under subsection (a)(1)(B).

9 (d) WITHHOLDING OF FUNDS WITH RESPECT TO

10 THE PALESTINIAN AUTHORITY.—The United States shall

11 withhold from United States contributions to the regular

12 assessed budget of the United Nations for a biennial pe13 riod amounts that are proportional to the percentage of

14 such budget that are expended for any United Nations af15 filiated or specialized agency that provides assistance di16 rectly to the Palestinian Authority during any period for

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

18 Foreign Assistance Act of 1961 (as added by section

19 2(b)(2) of this Act) is not in effect with respect to the

20 Palestinian Authority.

21 SEC. 5. DESIGNATION OF TERRITORY CONTROLLED BY THE

22 PALESTINIAN AUTHORITY AS TERRORIST

23 SANCTUARY.

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

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


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15

•HR 4681 IH

1 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, the territory controlled by the Pal4 estinian Authority should be deemed to be in use as a

5 sanctuary for terrorists or terrorist organizations for pur6 poses of section 6(j)(5) of the Export Administration Act

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

8 the Foreign Relations Authorization Act, Fiscal Years

9 1988 and 1989 (22 U.S.C. 2656f).

10 SEC. 6. DENIAL OF VISAS FOR OFFICIALS OF THE PALES11 TINIAN AUTHORITY.

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

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

14 a representative of the Palestinian Authority during any

15 period for which a certification described in section

16 620K(b) of the Foreign Assistance Act of 1961 (as added

17 by section 2(b)(2) of this Act) is not in effect with respect

18 to the Palestinian Authority.

19 (b) WAIVER.—Subsection (a) shall not apply if the

20 President determines and certifies to the appropriate con21 gressional committees, on a case-by-case basis, that the

22 issuance of a visa to an alien described in such subsection

23 is vital to the national security interests of the United

24 States.


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•HR 4681 IH

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 Notwithstanding any other provision of law, the

7 President shall restrict the travel of officials and rep8 resentatives of the Palestinian Authority and of the Pal9 estine Liberation Organization who are stationed at the

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

11 the United Nations headquarters building during any pe12 riod for which a certification described in section 620K(b)

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

14 2(b)(2) of this Act) is not in effect with respect to the

15 Palestinian Authority.

16 SEC. 8. PROHIBITION ON PALESTINIAN AUTHORITY REP17 RESENTATION IN THE UNITED STATES.

18 (a) PROHIBITION.—Notwithstanding any other provi19 sion of law, it shall be unlawful to establish or maintain

20 an office, headquarters, premises, or other facilities or es21 tablishments within the jurisdiction of the United States

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

23 the Palestinian Authority or the Palestine Liberation Or24 ganization during any period for which a certification de25 scribed in section 620K(b) of the Foreign Assistance Act


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17

•HR 4681 IH

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

2 in effect with respect to the Palestinian Authority.

3 (b) ENFORCEMENT.—

4 (1) ATTORNEY GENERAL.—The Attorney Gen5 eral shall take the necessary steps and institute the

6 necessary legal action to effectuate the policies and

7 provisions of subsection (a).

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

9 States for a district in which a violation of sub10 section (a) occurs shall have authority, upon petition

11 of relief by the Attorney General, to grant injunctive

12 and such other equitable relief as it shall deem nec13 essary to enforce the provisions of subsection (a).

14 SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS.

15 (a) REQUIREMENT.—The President shall direct the

16 United States Executive Director at each international fi17 nancial institution to use the voice, vote, and influence of

18 the United States to prohibit assistance to the Palestinian

19 Authority during any period for which a certification de20 scribed in section 620K(b) of the Foreign Assistance of

21 1961 (as added by section 2(b)(2) of this Act) is not in

22 effect with respect to the Palestinian Authority.

23 (b) DEFINITION.—In this section, the term ‘‘inter24 national financial institution’’ has the meaning given the


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•HR 4681 IH

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

2 Institutions Act.

3 SEC. 10. DIPLOMATIC CONTACTS WITH PALESTINIAN TER4 ROR ORGANIZATIONS.

5 No funds authorized or available to the Department

6 of State or any other United States Government agency

7 may be used for or by any officer or employee of the

8 United States Government to negotiate, attend official

9 meetings, or have official contacts with members or official

10 representatives of Hamas, Palestinian Islamic Jihad, the

11 Popular Front for the Liberation of Palestine, al-Aqsa

12 Martyrs Brigade, or any other Palestinian terrorist orga13 nization, unless and until such organization—

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

15 (2) renounces the use of terrorism;

16 (3) dismantles the infrastructure necessary to

17 carry out terrorist acts, including the disarming of

18 militias and the elimination of all instruments of ter19 ror; and

20 (4) recognizes and accepts all previous agree21 ments and understandings between the State of

22 Israel and the Palestinian Authority.

23 SEC. 11. DEFINITIONS.

24 In this Act:


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•HR 4681 IH

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ 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) PALESTINIAN AUTHORITY.—The term ‘‘Pal11 estinian Authority’’ has the meaning given the term

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

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

Æ


26909c.AAT
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1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 4681

OFFERED BY MS. ROS-LEHTINEN OF FLORIDA,

MR. LANTOS OF CALIFORNIA, AND MR. HYDE

OF ILLINOIS

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Palestinian Anti-Ter3 rorism Act of 2006’’.

4 SEC. 2. LIMITATION ON ASSISTANCE TO THE PALESTINIAN

5 AUTHORITY.

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

7 of the United States—

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

9 end the conflict between Israel and the Palestinians

10 in accordance with the Performance-Based Roadmap

11 to a Permanent Two-State Solution to the Israeli12 Palestinian Conflict (commonly referred to as the

13 ‘‘Roadmap’’);

14 (2) to oppose those organizations, individuals,

15 and countries that support terrorism and violence;


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2

H.L.C.

1 (3) to urge members of the international com2 munity to avoid contact with and refrain from finan3 cially supporting the terrorist organization Hamas

4 or a Hamas-controlled Palestinian Authority until

5 Hamas agrees to recognize Israel, renounce violence,

6 disarm, and accept prior agreements, including the

7 Roadmap;

8 (4) to promote the emergence of a democratic

9 Palestinian governing authority that—

10 (A) denounces and combats terrorism;

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

12 disarm and dismantle any terrorist agency, net13 work, or facility;

14 (C) has agreed to work to eliminate anti15 Israel and anti-Semitic incitement and the com16 memoration of terrorists in Palestinian society;

17 (D) has agreed to respect the sovereignty

18 of its neighbors;

19 (E) acknowledges, respects, and upholds

20 the human rights of all people;

21 (F) implements the rule of law, good gov22 ernance, and democratic practices, including

23 conducting free, fair, and transparent elections

24 in compliance with international standards;


26909d.AAC
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3

H.L.C.

1 (G) ensures institutional and financial

2 transparency and accountability; and

3 (H) has agreed to recognize the State of

4 Israel as an independent, sovereign, Jewish,

5 democratic state; and

6 (5) to continue to support assistance to the Pal7 estinian people.

8 (b) AMENDMENTS.—Chapter 1 of part III of the For9 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is

10 amended—

11 (1) by redesignating the second section 620G

12 (as added by section 149 of Public Law 104–164

13 (110 Stat. 1436)) as section 620J; and

14 (2) by adding at the end the following new sec15 tion:

16 ‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALES17 TINIAN AUTHORITY.

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

19 (e), assistance may be provided under this Act to the Pal20 estinian Authority only during a period for which a certifi21 cation described in subsection (b) is in effect.

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

23 this subsection is a certification transmitted by the Presi24 dent to Congress that contains a determination of the

25 President that—


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4

H.L.C.

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

2 the Palestinian Authority is controlled by a foreign

3 terrorist organization and no member of a foreign

4 terrorist organization serves in a senior policy mak5 ing position in a ministry, agency, or instrumentality

6 of the Palestinian Authority;

7 ‘‘(2) the Palestinian Authority has—

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

9 to exist as a Jewish state; and

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

11 all previous agreements and understandings by

12 the Palestine Liberation Organization and the

13 Palestinian Authority with the Government of

14 the United States, the Government of Israel,

15 and the international community, including

16 agreements and understandings pursuant to the

17 Performance-Based Roadmap to a Permanent

18 Two-State Solution to the Israeli-Palestinian

19 Conflict (commonly referred to as the ‘Road20 map’); and

21 ‘‘(3) the Palestinian Authority has taken effec22 tive steps and made demonstrable progress toward—

23 ‘‘(A) completing the process of purging

24 from its security services individuals with ties to

25 terrorism;


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5

H.L.C.

1 ‘‘(B) dismantling all terrorist infrastruc2 ture, confiscating unauthorized weapons, arrest3 ing and bringing terrorists to justice, destroying

4 unauthorized arms factories, thwarting and pre5 empting terrorist attacks, and fully cooperating

6 with Israel’s security services;

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

8 Palestinian Authority-controlled electronic and

9 print media and in schools, mosques, and other

10 institutions it controls, and replacing these ma11 terials, including textbooks, with materials that

12 promote tolerance, peace, and coexistence with

13 Israel;

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

15 and an independent judiciary, and adopting

16 other reforms such as ensuring transparent and

17 accountable governance; and

18 ‘‘(E) ensuring the financial transparency

19 and accountability of all government ministries

20 and operations.

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

22 after the date on which the President transmits to Con23 gress an initial certification under subsection (b), and

24 every six months thereafter—


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6

H.L.C.

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

2 recertification that the requirements contained in

3 subsection (b) are continuing to be met; or

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

5 recertification, the President shall transmit to Con6 gress a report that contains the reasons therefor.

7 ‘‘(d) CONGRESSIONAL NOTIFICATION.—Assistance

8 made available under this Act to the Palestinian Authority

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

10 the President has provided notice thereof to the Com11 mittee on International Relations and the Committee on

12 Appropriations of the House of Representatives and to the

13 Committee on Foreign Relations and the Committee on

14 Appropriations of the Senate in accordance with the proce15 dures applicable to reprogramming notifications under

16 section 634A(a) of this Act.

17 ‘‘(e) EXCEPTIONS.—

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

19 apply with respect to the following:

20 ‘‘(A) ASSISTANCE TO INDEPENDENT ELEC21 TIONS COMMISSIONS.—Assistance to any Pales22 tinian independent election commission if the

23 President transmits to Congress a certification

24 that contains a determination of the President

25 that—


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7

H.L.C.

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

2 a member of, affiliated with, or appointed

3 by a foreign terrorist organization; and

4 ‘‘(ii) each member of such commission

5 is independent of the influence of any po6 litical party or movement.

7 ‘‘(B) ASSISTANCE TO SUPPORT THE MID8 DLE EAST PEACE PROCESS.—Assistance to the

9 Office of the President of the Palestinian Au10 thority for non-security expenses directly re11 lated to facilitating a peaceful resolution of the

12 Israeli-Palestinian conflict or for the personal

13 security detail of the President of the Pales14 tinian Authority if the President transmits to

15 Congress a certification that contains a deter16 mination of the President that—

17 ‘‘(i) such assistance is critical to fa18 cilitating a peaceful resolution of the

19 Israeli-Palestinian conflict;

20 ‘‘(ii) the President of the Palestinian

21 Authority is not a member of or affiliated

22 with a foreign terrorist organization and

23 has rejected the use of terrorism to resolve

24 the Israeli-Palestinian conflict;


26909d.AAH
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8

H.L.C.

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

2 to provide funds to any individual who is

3 a member of or affiliated with a foreign

4 terrorist organization or who has not re5 jected the use of terrorism to resolve the

6 Israeli-Palestinian conflict; and

7 ‘‘(iv) such assistance will not be re8 transferred to any other entity within or

9 outside of the Palestinian Authority except

10 as payment for legal goods or services ren11 dered.

12 ‘‘(2) ADDITIONAL REQUIREMENTS.—Assistance

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

14 President—

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

16 assistance is important to the national security

17 interests of the United States; and

18 ‘‘(B) not less than 30 days prior to the ob19 ligation of amounts for the provision of such

20 assistance—

21 ‘‘(i) consults with the appropriate con22 gressional committees regarding the spe23 cific programs, projects, and activities to

24 be carried out using such assistance; and


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9

H.L.C.

1 ‘‘(ii) submits to the appropriate con2 gressional committees a written memo3 randum that contains the determination of

4 the President under subparagraph (A).

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

6 ‘appropriate congressional committees’ means—

7 ‘‘(A) the Committee on International Rela8 tions and the Committee on Appropriations of

9 the House of Representatives; and

10 ‘‘(B) the Committee on Foreign Relations

11 and the Committee on Appropriations of the

12 Senate.

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

14 ‘‘(1) FOREIGN TERRORIST ORGANIZATION.—

15 The term ‘foreign terrorist organization’ means an

16 organization designated as a foreign terrorist organi17 zation by the Secretary of State in accordance with

18 section 219(a) of the Immigration and Nationality

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

20 ‘‘(2) PALESTINIAN AUTHORITY.—The term

21 ‘Palestinian Authority’ means the interim Pales22 tinian administrative organization that governs part

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

24 successor Palestinian governing entity), including

25 the Palestinian Legislative Council.’’.


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10

H.L.C.

1 (c) APPLICABILITY TO UNEXPENDED FUNDS.—Sec2 tion 620K of the Foreign Assistance Act of 1961, as

3 added by subsection (b), applies with respect to unex4 pended funds obligated for assistance under the Foreign

5 Assistance Act of 1961 to the Palestinian Authority before

6 the date of the enactment of this Act.

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

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

9 the Comptroller General of the United States shall submit

10 to the appropriate congressional committees a report that

11 contains a review of the proposed procedures by which

12 United States assistance to the Palestinian Authority

13 under the Foreign Assistance Act of 1961 will be audited

14 by the Department of State, the United States Agency for

15 International Development, and all other relevant depart16 ments and agencies of the Government of the United

17 States and any recommendations for improvement of such

18 procedures.

19 (e) SENSE OF CONGRESS.—It is the sense of Con20 gress that the President should be guided by the principles

21 and procedures described in section 620K of the Foreign

22 Assistance Act of 1961, as added by subsection (b), in pro23 viding direct assistance to the Palestinian Authority under

24 any provision of law other than the Foreign Assistance

25 Act of 1961.


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11

H.L.C.

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

2 AND GAZA.

3 (a) AMENDMENT.—Chapter 1 of part III of the For4 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as

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

6 by adding at the end the following new section:

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

8 BANK AND GAZA.

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

10 (d), assistance may be provided under this Act to non11 governmental organizations for the West Bank and Gaza

12 only during a period for which a certification described

13 in section 620K(b) of this Act is in effect with respect

14 to the Palestinian Authority.

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

16 under this Act to nongovernmental organizations for the

17 West Bank and Gaza shall be marked as assistance from

18 the Government of the United States unless the Secretary

19 of State or the Administrator of the United States Agency

20 for International Development determines that such mark21 ing will endanger the lives or safety of persons delivering

22 or receiving such assistance or would have a material ad23 verse effect on the implementation of such assistance.

24 ‘‘(c) CONGRESSIONAL NOTIFICATION.—Assistance

25 made available under this Act to nongovernmental organi26 zations for the West Bank and Gaza may not be provided


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12

H.L.C.

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

2 provided notice thereof to the Committee on International

3 Relations and the Committee on Appropriations of the

4 House of Representatives and to the Committee on For5 eign Relations and the Committee on Appropriations of

6 the Senate in accordance with the procedures applicable

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

8 this Act.

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

10 with respect to the following:

11 ‘‘(1) ASSISTANCE TO MEET BASIC HUMAN

12 HEALTH NEEDS.—The provision of food, water,

13 medicine, sanitation services, or other assistance to

14 directly meet basic human health needs.

15 ‘‘(2) OTHER TYPES OF ASSISTANCE.—The pro16 vision of any other type of assistance if the

17 President—

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

19 assistance will further the national security in20 terests of the United States; and

21 ‘‘(B) not less than 25 days prior to the ob22 ligation of amounts for the provision of such

23 assistance—

24 ‘‘(i) consults with the appropriate con25 gressional committees regarding the speVerDate Mar 21 2002 12:51 Jun 30, 2006 Jkt 000000 PO 00000 Frm 00043 Fmt 6633 Sfmt 6633 F:\WORK\FULL\040606M\26909.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 cific programs, projects, and activities to

2 be carried out using such assistance; and

3 ‘‘(ii) submits to the appropriate con4 gressional committees a written memo5 randum that contains the determination of

6 the President under subparagraph (A) and

7 an explanation of how failure to provide

8 the proposed assistance would be incon9 sistent with furthering the national secu10 rity interests of the United States.

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

12 ‘appropriate congressional committees’ means—

13 ‘‘(A) the Committee on International Rela14 tions and the Committee on Appropriations of

15 the House of Representatives; and

16 ‘‘(B) the Committee on Foreign Relations

17 and the Committee on Appropriations of the

18 Senate.’’.

19 (b) OVERSIGHT AND RELATED REQUIREMENTS.—

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

21 2007 and 2008, the Secretary of State shall certify

22 to the appropriate congressional committees not

23 later than 30 days prior to the initial obligation of

24 amounts for assistance to nongovernmental organi25 zations for the West Bank or Gaza under the ForVerDate Mar 21 2002 12:51 Jun 30, 2006 Jkt 000000 PO 00000 Frm 00044 Fmt 6633 Sfmt 6633 F:\WORK\FULL\040606M\26909.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 eign Assistance Act of 1961 that procedures have

2 been established to ensure that the Comptroller Gen3 eral of the United States will have access to appro4 priate United States financial information in order

5 to review the use of such assistance.

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

7 amounts for assistance to nongovernmental organi8 zations for the West Bank or Gaza under the For9 eign Assistance Act of 1961, the Secretary of State

10 shall take all appropriate steps to ensure that such

11 assistance is not provided to or through any indi12 vidual or entity that the Secretary knows, or has

13 reason to believe, advocates, plans, sponsors, en14 gages in, or has engaged in, terrorist activity. The

15 Secretary shall, as appropriate, establish procedures

16 specifying the steps to be taken in carrying out this

17 paragraph and shall terminate assistance to any in18 dividual or entity that the Secretary has determined

19 advocates, plans, sponsors, or engages in terrorist

20 activity.

21 (3) PROHIBITION.—No amounts made available

22 for any fiscal year for assistance to nongovernmental

23 organizations for the West Bank or Gaza under the

24 Foreign Assistance Act of 1961 may be made avail25 able for the purpose of recognizing or otherwise honVerDate Mar 21 2002 12:51 Jun 30, 2006 Jkt 000000 PO 00000 Frm 00045 Fmt 6633 Sfmt 6633 F:\WORK\FULL\040606M\26909.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 oring individuals or the families of individuals who

2 commit, or have committed, acts of terrorism.

3 (4) AUDITS.—

4 (A) IN GENERAL.—The Administrator of

5 the United States Agency for International De6 velopment shall ensure that independent audits

7 of all contractors and grantees, and significant

8 subcontractors and subgrantees, that receive

9 amounts for assistance to nongovernmental or10 ganizations for the West Bank or Gaza under

11 the Foreign Assistance Act of 1961 are con12 ducted to ensure, among other things, compli13 ance with this subsection.

14 (B) AUDITS BY INSPECTOR GENERAL OF

15 USAID.—Of the amounts available for any fiscal

16 year for assistance to nongovernmental organi17 zations for the West Bank or Gaza under the

18 Foreign Assistance Act of 1961, up to

19 $1,000,000 for each such fiscal year may be

20 used by the Office of the Inspector General of

21 the United States Agency for International De22 velopment for audits, inspections, and other ac23 tivities in furtherance of the requirements of

24 subparagraph (A). Such amounts are in addiVerDate Mar 21 2002 12:51 Jun 30, 2006 Jkt 000000 PO 00000 Frm 00046 Fmt 6633 Sfmt 6633 F:\WORK\FULL\040606M\26909.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 tion to amounts otherwise available for such

2 purposes.

3 (c) SENSE OF CONGRESS.—It is the sense of Con4 gress that the President should be guided by the principles

5 and procedures described in section 620L of the Foreign

6 Assistance Act of 1961, as added by subsection (a), in pro7 viding assistance to nongovernmental organizations for the

8 West Bank and Gaza under any provision of law other

9 than the Foreign Assistance Act of 1961.

10 SEC. 4. UNITED NATIONS AGENCIES AND PROGRAMS.

11 (a) REVIEW AND REPORT.—

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

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

14 shall—

15 (A) conduct an audit of the functions of

16 the entities specified in paragraph (2); and

17 (B) transmit to the appropriate congres18 sional committees a report containing rec19 ommendations for the elimination of such enti20 ties and efforts that are duplicative or fail to

21 ensure balance in the approach of the United

22 Nations to Israeli-Palestinian issues.

23 (2) ENTITIES SPECIFIED.—The entities re24 ferred to in paragraph (1) are the following:


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17

H.L.C.

1 (A) The United Nations Division for Pales2 tinian Rights.

3 (B) The Committee on the Exercise of the

4 Inalienable Rights of the Palestinian People.

5 (C) The United Nations Special Coordi6 nator for the Middle East Peace Process and

7 Personal Representative to the Palestine Lib8 eration Organization and the Palestinian Au9 thority.

10 (D) The NGO Network on the Question of

11 Palestine.

12 (E) The Special Committee to Investigate

13 Israeli Practices Affecting the Human Rights of

14 the Palestinian People and Other Arabs of the

15 Occupied Territories.

16 (F) Any other entity the Secretary deter17 mines results in duplicative efforts or funding

18 or fails to ensure balance in the approach to

19 Israeli-Palestinian issues.

20 (b) IMPLEMENTATION OF RECOMMENDATIONS BY

21 PERMANENT REPRESENTATIVE.—

22 (1) IN GENERAL.—The United States Perma23 nent Representative to the United Nations shall use

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

25 the United Nations to seek the implementation of


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18

H.L.C.

1 the recommendations contained in the report re2 quired under subsection (a)(1)(B).

3 (2) WITHHOLDING OF FUNDS.—Until such rec4 ommendations have been implemented, the Secretary

5 of State is authorized to withhold from United

6 States contributions to the regular assessed budget

7 of the United Nations for a biennial period amounts

8 that are proportional to the percentage of such

9 budget that are expended for such entities.

10 (c) GAO AUDIT.—The Comptroller General shall

11 conduct an audit of the status of the implementation of

12 the recommendations contained in the report required

13 under subsection (a)(1)(B).

14 (d) WITHHOLDING OF FUNDS WITH RESPECT TO

15 THE PALESTINIAN AUTHORITY.—The Secretary of State

16 is authorized to withhold from United States contributions

17 to the regular assessed budget of the United Nations for

18 a biennial period amounts that are proportional to the per19 centage of such budget that are expended for any United

20 Nations affiliated or specialized agency that provides as21 sistance directly to the Palestinian Authority during any

22 period for which a certification described in section

23 620K(b) of the Foreign Assistance Act of 1961 (as added

24 by section 2(b)(2) of this Act) is not in effect with respect

25 to the Palestinian Authority.


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H.L.C.

1 SEC. 5. DESIGNATION OF TERRITORY CONTROLLED BY THE

2 PALESTINIAN AUTHORITY AS TERRORIST

3 SANCTUARY.

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

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

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

7 2(b)(2) of this Act) is not in effect with respect to the

8 Palestinian Authority, the territory controlled by the Pal9 estinian Authority should be deemed to be in use as a

10 sanctuary for terrorists or terrorist organizations for pur11 poses of section 6(j)(5) of the Export Administration Act

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

13 the Foreign Relations Authorization Act, Fiscal Years

14 1988 and 1989 (22 U.S.C. 2656f).

15 SEC. 6. DENIAL OF VISAS FOR OFFICIALS OF THE PALES16 TINIAN AUTHORITY.

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

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

19 a representative of the Palestinian Authority during any

20 period for which a certification described in section

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

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

23 to the Palestinian Authority.

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

25 (1) if the President determines and certifies to

26 the appropriate congressional committees, on a caseVerDate Mar 21 2002 12:51 Jun 30, 2006 Jkt 000000 PO 00000 Frm 00050 Fmt 6633 Sfmt 6633 F:\WORK\FULL\040606M\26909.000 HINTREL1 PsN: SHIRL

26909d.AAT
47

20

H.L.C.

1 by-case basis, that the issuance of a visa to an alien

2 described in such subsection is important to the na3 tional security interests of the United States; or

4 (2) with respect to visas issued in connection

5 with United States obligations under the Act of Au6 gust 4, 1947 (61 Stat. 756) (commonly known as

7 the ‘‘United Nations Headquarters Agreement

8 Act’’).

9 SEC. 7. TRAVEL RESTRICTIONS ON OFFICIALS AND REP10 RESENTATIVES OF THE PALESTINIAN AU11 THORITY AND THE PALESTINE LIBERATION

12 ORGANIZATION STATIONED AT THE UNITED

13 NATIONS IN NEW YORK CITY.

14 The President shall restrict the travel of officials and

15 representatives of the Palestinian Authority and of the

16 Palestine Liberation Organization who are stationed at

17 the United Nations in New York City to a 25-mile radius

18 of the United Nations headquarters building during any

19 period for which a certification described in section

20 620K(b) of the Foreign Assistance Act of 1961 (as added

21 by section 2(b)(2) of this Act) is not in effect with respect

22 to the Palestinian Authority.


26909d.AAU
48

21

H.L.C.

1 SEC. 8. PROHIBITION ON PALESTINIAN AUTHORITY REP2 RESENTATION IN THE UNITED STATES.

3 (a) PROHIBITION.—Notwithstanding any other provi4 sion of law, it shall be unlawful to establish or maintain

5 an office, headquarters, premises, or other facilities or es6 tablishments within the jurisdiction of the United States

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

8 the Palestinian Authority or the Palestine Liberation Or9 ganization during any period for which a certification de10 scribed in section 620K(b) of the Foreign Assistance Act

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

12 in effect with respect to the Palestinian Authority.

13 (b) ENFORCEMENT.—

14 (1) ATTORNEY GENERAL.—The Attorney Gen15 eral shall take the necessary steps and institute the

16 necessary legal action to effectuate the policies and

17 provisions of subsection (a).

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

19 States for a district in which a violation of sub20 section (a) occurs shall have authority, upon petition

21 of relief by the Attorney General, to grant injunctive

22 and such other equitable relief as it shall deem nec23 essary to enforce the provisions of subsection (a).

24 (c) WAIVER.—

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

26 application of subsection (a) for a period of 180


26909d.AAV
49

22

H.L.C.

1 days if the President determines and certifies to the

2 appropriate congressional committees that such

3 waiver is vital to the national security interests of

4 the United States and provides an explanation of

5 how the failure to waive the application of subsection

6 (a) would be inconsistent with the vital national se7 curity interests of the United States.

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

9 waiver described in paragraph (1) for successive180-

10 day periods if the President makes the determina11 tion and certification described in such paragraph

12 for each such period.

13 SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS.

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

15 of the United States that the United States Executive Di16 rector at each international financial institution shall use

17 the voice, vote, and influence of the United States to pro18 hibit assistance to the Palestinian Authority during any

19 period for which a certification described in section

20 620K(b) of the Foreign Assistance of 1961 (as added by

21 section 2(b)(2) of this Act) is not in effect with respect

22 to the Palestinian Authority.

23 (b) DEFINITION.—In this section, the term ‘‘inter24 national financial institution’’ has the meaning given the


26909d.AAW
50

23

H.L.C.

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

2 Institutions Act.

3 SEC. 10. DIPLOMATIC CONTACTS WITH PALESTINIAN TER4 ROR ORGANIZATIONS.

5 It shall be the policy of the United States that no

6 officer or employee of the United States Government shall

7 negotiate or have substantive contacts with members or

8 official representatives of Hamas, Palestinian Islamic

9 Jihad, the Popular Front for the Liberation of Palestine,

10 al-Aqsa Martyrs Brigade, or any other Palestinian ter11 rorist organization, unless and until such organization—

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

13 (2) renounces the use of terrorism;

14 (3) dismantles the infrastructure necessary to

15 carry out terrorist acts, including the disarming of

16 militias and the elimination of all instruments of ter17 ror; and

18 (4) recognizes and accepts all previous agree19 ments and understandings between the State of

20 Israel and the Palestine Liberation Organization and

21 the Palestinian Authority.

22 SEC. 11. DEFINITIONS.

23 In this Act:


26909d.AAX
51

24

H.L.C.

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ 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) PALESTINIAN AUTHORITY.—The term ‘‘Pal11 estinian Authority’’ has the meaning given the term

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

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


26909d.AAY
52

Chairman HYDE. The Chair recognizes the gentlewoman from 

Florida to explain the bill, Ms. Ros-Lehtinen. 

Ms. ROS-LEHTINEN. Thank you very much, Mr. Chairman. I 

would like to start, Mr. Chairman, by thanking you for working 

with Congressman Tom Lantos and with me on bringing this very 

important legislation for markup today. We have been discussing 

this for quite some time, and while the agreed-upon language that 

is before the Committee Members today may not be exactly what 

some of us envisioned, it is still a strong bill that addresses a 

Hamas-controlled Palestinian Authority. Most importantly, it has 

important mechanisms and safeguards in place, and it exerts the 

necessary congressional oversight to ensure that our U.S. taxpayer 

funds do not directly or indirectly finance or assist Hamas or any 

other foreign terrorist organization. 

The recent victory of Hamas in the Palestinian elections created 

a condition that is threatening to the Israeli-Palestinian peace 

process and our United States interest in stabilizing that troubled 

region. The U.S. must make it unambiguously clear that it will not 

support or hold diplomatic relations with a terrorist group responsible for murdering hundreds and wounding thousands. 

The Hamas Charter makes the terror group’s mission of destroying Israel abundantly clear, and there has been no indication that 

the Islamic jihadists intend to renounce violence, recognize Israel, 

or commit to previously made agreements. 

Just last week, the Palestinian Minister of Foreign Affairs said, 

‘‘I dream of hanging a huge map of the world on the wall at my 

Gaza home which does not show Israel on it.’’ He continued by saying that Hamas would not disarm, stressing that the Hamas government would continue supporting terrorist attacks against Israel. 

Are these words of a leadership seeking peace with Israel? Of 

course, not. Their hatred consumes them. It prevents them from 

acting in a manner that is in the best interest of the Palestinian 

people. Their tactics not only threaten United States national security interests and foreign policy goals, but they also deny the Palestinian people a future of peace, a future of security with the state 

of Israel and the Jewish people. 

I believe that this amendment before us is an appropriate response to the new realities on the ground, and I ask my colleagues 

to support this substitute text. Thank you, Mr. Chairman. 

Chairman HYDE. Thank you. Mr. Lantos? 

Mr. LANTOS. Thank you very much, Mr. Chairman. It was my 

great pleasure to join with my friend and distinguished colleague, 

Ileana Ros-Lehtinen, in introducing the Palestinian Anti-Terrorism 

Act. I also want to recognize and thank several of my colleagues 

who have made extremely valuable contributions, particularly Mr. 

Ackerman. 

It has also been an honor, Mr. Chairman, to work with you in 

bringing the bill to its present form and looking forward to its 

move onto the Floor. 

At this point, Mr. Chairman, I normally would set out the rationale for our legislation, which is designed to isolate the new terrorist-controlled authority in the West Bank and Gaza, but just 

this week, as my friend has indicated, the new foreign minister of 

the terrorist government, Mahmoud Alzahar, did that far better 

53

than I ever could. Summoning up his diplomatic best, in a press 

interview, he said, and I quote:

‘‘I dream of hanging a huge map of the world on the wall at 

my Gaza home which does not show Israel on it. This dream 

will become real one day because there is no place for the state 

of Israel on this land.’’

Let us leave aside for a moment the fact that he could fulfill his 

dream of seeing a map without Israel simply by opening any Palestinian textbook. 

A day or so after his ‘‘I have a dream’’ remarks, the same diplomat-terrorist wrote a letter to Kofi Annan assuring him that the 

Hamas government would want to ‘‘live in peace with its neighbors.’’ This ignited a flurry of breathless articles written by the untutored and the congenitally ignorant who thought that he was 

saying that Hamas is ready to recognize Israel. Alzahar quickly 

clarified that he did not mean to include Israel. 

Mr. Chairman, we have an alarming situation in the Middle 

East, one which our legislation strives conscientiously and boldly to 

address. The Palestinian Authority is now governed by a group of 

killers who are the vision of the Iranian President that Israel 

should be wiped off the map. If anything, they adhere to 

Achmaddinajad’s vision more fervently and more obsessively than 

even he does. 

It is, therefore, incumbent upon us, Mr. Chairman, as the ally 

and long-term supporter of our fellow democratic state of Israel, to 

do everything we can to demonstrate the bankruptcy of Hamas’s vision and to assure that Hamas remains too weak even to begin to 

implement its evil vision. 

Our bill tries to do exactly that. We will end all aid to the Palestinian Authority with certain very narrow exceptions. We would 

also end all contact between United States diplomats and the 

Hamas-controlled Palestinian Authority. Our goal, Mr. Chairman, 

is not to punish the Palestinian people. Our goal is to demonstrate 

to them and to their government that hatred, murder, and nonrecognition of neighbors is unacceptable, and they cannot accomplish anything if they show such contempt for the civilized world. 

Accordingly, we want to make sure that the U.S. taxpayer is not 

the source of one penny of aid for which the Hamas government 

could claim credit, and we want to make sure that Hamas and its 

government are accorded absolutely no legitimacy by the United 

States or our representatives. 

Our bill recognizes that humanitarian exigencies will arise and 

that we should be supportive of appropriate NGO activities. 

Parenthetically, I would like to say, Mr. Chairman, that just this 

week, I have written a letter to Secretary Rice asking that the 

United States provide funding through appropriate channels to assist the Palestinians in dealing with a serious outbreak of bird flu 

in the Gaza Strip. I think we would all agree on continuing the 

United States tradition of dealing with the humanitarian needs of 

any people, including the Palestinian people. 

Mr. Chairman, I am sickened by the fact that the Palestinians 

chose Hamas as their leader, and I am sickened by everything that 

54

Hamas stands for. I believe every Member of this Committee 

shares my views in that regard. 

H.R. 4681 demonstrates that America will stand firm in the fight 

against terrorism while remaining true to the hope for a peaceful 

Middle East. As EU ministers meet on Monday to decide their own 

policy toward Hamas, I hope that they will reflect on the action 

taken by this Committee today. Indeed, I hope that our action will 

serve as a model for the right policy to take against terrorists, however they take power, and on behalf of a democratic ally that is the 

target of the vilest threats and the most dangerous enemies of any 

nation in the world today. Thank you, Mr. Chairman. 

Chairman HYDE. Thank you. Mr. Ackerman is recognized for 5 

minutes. 

Mr. ACKERMAN. At the outset, Mr. Chairman, I would like to 

thank you, Mr. Lantos, and Ms. Ros-Lehtinen for agreeing to several of the amendments that I proposed last night. My amendments tighten up the conditions under which assistance would be 

provided to the West Bank and Gaza program and will prevent assistance from going to the families of individuals who have committed terrorist acts and will require the President, if he exercises 

his herein provided waiver, to explain why the failure to provide 

assistance under this program would undermine our national interests. 

I believe the bill is a good one and should be supported, but I 

still have concerns regarding what I believe are large loopholes 

through which business as usual with a Hamas government could 

be conducted. In particular, I believe that assistance provided to 

President Abbas’s office to ‘‘support the Middle East peace process’’ 

should be limited exclusively to those activities that are directly related to diplomatic representations or negotiations. 

At this point, I do not know what sort of activities could be construed as facilitating a peaceful resolution of the Israeli-Palestinian 

peace process. 

I also believe that the waiver standard for providing other types 

of assistance is far too low. Is there any kind of assistance the 

President could not describe as ‘‘important to the national security 

interests of the United States’’? I think the original ‘‘vital to the national security’’ standard is better and should have been retained, 

and I am certain that we will come to rue this change. 

The policy outcome we are trying to achieve is significant enough 

that the President should have been held to a higher standard. 

Lastly, I propose that set of fast-track procedures under which 

the bill and its limits on assisting the PA should become law would 

have been repealed if the President was actually able to make the 

certification required in Section 2[b]. I believe that it is important 

to show non-Hamas Palestinians that the Congress is prepared to 

act expeditiously to assist them if they meet the conditions set in 

the certification. I also thought it was important to show the President that Congress would not tie his hands indefinitely if he were 

able to make that certification. 

Unfortunately, that amendment was not made an order, but 

while I do not believe Hamas will change, I continue to believe that 

Congress should be prepared to act quickly should conditions in the 

West Bank and Gaza change in the positive ways laid out in this 

55

legislation, and we should have the legal ability to respond in kind. 

Instead, we have hog tied ourselves. 

Mr. Chairman, as I said at the Committee hearing last month, 

the Palestinian people knew what they were doing when they voted 

for Hamas. They knew Hamas is a designated terrorist organization. They knew Hamas is committed to the extermination of 

Israel. They knew it would mean a cutoff of assistance from the 

West. They knew all of this. So the question before us is whether 

or not there will be consequences. 

We must hold the line against Hamas. If we accept Hamas, even 

if we legitimize them even a little bit, we will send an unmistakable signal that benefits without cost and actions without consequences are not, in fact, beyond the reach of the determined. We 

cannot afford to send that signal. We cannot afford to demonstrate 

that Hamas, its ideologies, and its methods are anything but a 

pathway to isolation, misery, and failure. Hamas must not only 

fail; it must be seen to fail if there is any hope of peace in the Middle East. 

I am not suggesting that this failure should be the result of our 

intervention. Hamas must be seen to have failed on its own. We 

can, however, be clear about what our goals are. We can be clear 

about where we spent our taxpayers’ money. We can be clear to the 

Palestinian people about what they can expect from our nation 

once Hamas has been cast from power. 

I think the bill gets us part way there, not all the way. The bill 

is incremental. Alas, life is incremental; you get it 1 day at a time, 

and we will take it. Thank you, Mr. Chairman. 

Chairman HYDE. Thank you. The Chair understands that only 

three Members have amendments at the desk. Without objection, 

the Committee will consider these three amendments for 10 minutes each, equally divided. 

Mr. ACKERMAN. Reserving the right to object. 

Chairman HYDE. Pardon? 

Mr. ACKERMAN. Reserving the right to object. 

Chairman HYDE. The gentleman reserves the right to object, but 

let me name the three amendments: Ms. Berkley, Mr. Sherman, 

and Mr. Issa. 

Mr. ACKERMAN. On my reservation, Mr. Chairman, I was going 

to ask for the names to just determine if there was anybody else 

on the Committee that wished to offer an amendment. 

Chairman HYDE. Well, I will ask that now. Are there any other 

amendments? There are none. 

Mr. ACKERMAN. Mr. Chairman, I withdraw my objection, and 

thank you very much. 

Chairman HYDE. Thank you. Without objection, we will consider 

these three amendments for 10 minutes each, equally divided, and 

we will start out with Ms. Berkley. The clerk will report the Berkley amendment. 

Ms. RUSH. Amendment to the amendment in the nature of a substitute to H.R. 4681 offered by Ms. Berkley of Nevada. Strike subsection [d] of Section 620[l] of the Foreign Assistance Act of 1961, 

as proposed to be added by Section 3[a] of the amendment. 

[The information referred to follows:]

56

Chairman HYDE. The Chair recognizes Ms. Berkley for 5 minutes 

in support of her amendment. 

Ms. BERKLEY. I thank you, Mr. Chairman, and I particularly appreciate your courtesy in allowing me to introduce this amendment. 

I would like to thank Congresswoman Ros-Lehtinen and Congressman Tom Lantos for not only their steadfast support in introducing 

this legislation but their good advice to me, as always. 

Mr. Chairman, my amendment strikes the broad-based exception 

for NGO funding in the West Bank and Gaza. The problems that 

the Palestinians have have little to do with money. The problem is 

a complete failure of leadership. The United States has been providing an average of $85 million per year to the Palestinians since 

1993. Not counting inflation, this comes to over a billion dollars of 

American taxpayers’ money. 

Since the 1993 Oslo Accord, the United States has given more 

than $1.8 billion to the Palestinians. In that same time, we have 

given over $130 million directly to the Palestinian Authority. We 

have provided direct aid to the Palestinian Authority three times: 

$36 million in 1994, $20 million in 2003, and $20 million again in 

2005. Since 1975, we have provided over $1.2 billion in assistance 

to the West Bank and Gaza. Between 1994 and 1998, American 

taxpayers have given $65.8 million to expand economic opportunity 

in the Palestinian-controlled areas and $85 million to help the Palestinian people establish their own government. We have given this 

assistance despite no accountability, no modern financial controls, 

no transparency, and no actual knowledge of what our tax dollars 

are actually paying for. 

Enough is enough. Congress has already spoken on this issue. In 

February, a concurrent resolution was passed expressing the sense 

of Congress that no U.S. assistance should be provided directly to 

the Palestinian Authority if the PA maintains a position calling for 

the destruction of Israel. 

I am an original co-sponsor of the legislation we are considering. 

However, I have a number of concerns regarding the version of this 

bill that the Committee is considering today. The substitute 

amendment contains a number of broad-based exceptions to our 

policy of eliminating aid to the PA. It grants direct aid to Abu 


26909a.eps
57

Mazen for nonsecurity expenses directly related to facilitating a 

peaceful resolution of the Israeli-Palestinian conflict. It also grants 

direct aid for his person security detail. Abu Mazen is a powerless 

and ineffective leader. Since being elected President, he has had 

every opportunity to create peace with the Israelis and establish a 

Palestinian state. He would not or could not even take the first 

step to disarm the terrorists and end the violence against Israel. 

Why is the United States propping him up? Why are our tax dollars being used to support this guy? 

The bill also grants a broad-based exception for the indirect aid 

within the West Bank and Gaza. Why should Americans be forced 

to foot the bill when the PA is unable to provide us with an accounting for the literally billions of dollars that we spend? With all 

of the money that the United States has spent, with all of the 

international aid from the NGOs, the Palestinian people still live 

in misery and poverty. It is time for the Palestinian leadership and 

the Palestinian people to stop blaming Israel. One only has to look 

at the disengagement in the Gaza to see that the Palestinians had 

an opportunity to demonstrate the ability for self-governance; instead, we have chaos. 

After decades of aid and billions of dollars, it boggles my mind 

that there is no economic self-sufficiently and no improvement in 

the quality of life of the Palestinian people. Why is this? Because 

it is not about money, Mr. Chairman; it is about the Palestinian 

Authority’s failing to do what any responsible government would 

have done with several billion dollars: Build infrastructure, improve health care, provide economic opportunities, improve education, and move their people into the 21st century. 

The money is not going to housing. Palestinians continue to live 

in retched conditions in refugee camps with corrugated tin roofs 

and dilapidated, ramshackle huts. 

The money is not going to schools. If it was, Palestinian children 

would not be rioting in the streets. They would be sitting in classrooms being trained as the next generation of doctors and engineers to lead their people into the 21st century instead of future 

terrorists and suicide bombers. 

The Palestinian Authority continues to be financially corrupt and 

morally bankrupt, and that is why the Palestinian people turned 

to Hamas, the most dangerous terrorist organization operating 

today, to get their basic needs met. 

The problem is not a lack of money. The Palestinian leadership 

is either unable or unwilling to provide for the basic needs of its 

people. It is either unwilling or unable to lift them out of poverty. 

It is either unable or unwilling to prepare them for statehood and 

self-sufficiently. Until they disarm the terrorists and dismantle the 

terrorist organizations, Abu Mazen and the Palestinian leadership 

are sentencing their people to continued misery, year after year 

and generation after generation. 

The problem is a lack of leadership, a lack of vision, a lack of 

hope for the future, not a lack of money. Mr. Chairman——

Chairman HYDE. The gentlelady’s time has expired. 

Mr. LANTOS. Mr. Chairman, I ask unanimous consent that the 

gentlelady be permitted to finish her statement. 

58

Ms. BERKLEY. It will take about a minute and a half, Mr. Chairman. 

Chairman HYDE. We can survive that. Go ahead. 

Ms. BERKLEY. Thank you, Mr. Chairman, again for your graciousness. 

Mr. Chairman, if our money has not done any good, why are we 

giving more? Until we get some answers, we should not give any 

more money. We should be asking for a refund. 

I long for peace. I am here in Congress in order to effectuate a 

meaningful peace in the Middle East. I want a two-state solution, 

a Palestinian state living side by side with the Jewish state of 

Israel. Palestinians have it in their power to alleviate the suffering 

of their people, create a Palestinian state, create a future of hope 

and peace for the Palestinian children. We continue to be enablers 

for a policy that is wrong and does not work, and it has been proven time and time again. 

Let us insist that before we give any aid which is fungible that 

the Palestinian Authority and Hamas recognize Israel’s right to 

exist and bring true peace to the Middle East. That is what I long 

for. That is what everybody in Congress should be longing for, and 

that is what this legislation should say. 

I thank you very much, Mr. Chairman, for allowing me to speak 

my mind. 

Ms. ROS-LEHTINEN. Mr. Chairman? 

Chairman HYDE. Ms. Ros-Lehtinen. 

Ms. ROS-LEHTINEN. I would like to claim time in opposition to 

the amendment. 

Chairman HYDE. Mr. Ros-Lehtinen will receive 7 minutes to 

have parity with Ms. Berkley. 

Ms. ROS-LEHTINEN. Thank you so much. I will speak for a few 

minutes and yield the balance of my time to Mr. Lantos. 

While I fully understand the frustration and the concerns that 

drive Ms. Berkley to offer this amendment—she is a dear friend, 

someone whom I hold in high esteem—we have worked together on 

so many issues, especially related to the Middle East and specifically to Israel—I must, regrettably, oppose the Berkley Amendment, and let me explain why. 

The text of the bill has exceptions to continue to assist the Palestinian people in meeting their basic, human health needs. The 

focus of the bill that I introduced with Mr. Lantos is on Hamas, 

a Hamas-controlled Palestinian Authority, and on all other Palestinian terrorist organizations. Let us not lose focus of what this bill 

attempts to do. The target of our bill is not the Palestinian people. 

Not all Palestinians voted for Hamas. Not all Palestinians hate 

Israel. Not all Palestinians hate the Jewish people. Not all Palestinians advocate terror and violence against the Israeli state and 

its people, and, as such, we should be careful not to throw out the 

baby with the bath water. 

We must, therefore, follow a carefully crafted approach that 

meets our U.S. national security needs and our foreign policy goals, 

including going through NGOs. I believe that this substitute text 

provides this calibrated approach. 

I would like to remind my dear friend, Ms. Berkley, that she cosponsored the original text with the exceptions that she seeks to 

59

now strike. The primary difference between the provisions in the 

introduced text and the substitute text is the congressional notification timeframe, which is slightly reduced in the substitute text. 

Again, I understand, and I agree with the overarching concerns 

of Ms. Berkley, but I believe that the substitute text addresses 

those concerns, and let us not lose focus of what this bill is all 

about, which is to deny our hard-working, U.S. taxpayer dollars to 

go to Hamas. 

With that, Mr. Chairman, I would like to yield the balance of my 

time to Mr. Lantos. 

Mr. LANTOS. I want to thank my friend and co-author for yielding, and I want to comment, first of all, my very dear friend, Ms. 

Berkley, for her powerful and eloquent statement. 

I both understand and share the concerns of the gentlelady from 

Nevada, yet I think it is imperative that the United States be able 

to continue humanitarian assistance to the Palestinian people. It is 

not in our interest or for any country in the region for there to be 

a humanitarian crisis in the West Bank and Gaza. The Administration also needs some flexibility to respond to nonhumanitarian 

needs, working through appropriate NGOs. 

The provision the gentlelady would remove is part of a carefully 

crafted compromise to ensure both congressional oversight and consultation, in some cases, and extended period of consultation, before the Administration could go forward with assistance under 

this provision. The removal of this provision, I think, could be a 

setback for the future of this legislation, a result which I am sure 

the gentlelady does not desire. 

Despite its obvious merits, I cannot support the amendment of 

my good friend from Nevada, and I would ask the gentlelady, for 

the sake of the overall bill, to withdraw her amendment. Thank 

you, Mr. Chairman. 

Mr. ACKERMAN. Mr. Chairman? 

Chairman HYDE. Who seeks recognition? 

Mr. ACKERMAN. Mr. Ackerman. 

Chairman HYDE. Mr. Ackerman. 

Mr. ACKERMAN. Thank you. 

Chairman HYDE. Just a moment. Ms. Ros-Lehtinen controls the 

time, so if you are to speak, she must yield to you. 

Mr. ACKERMAN. Well, she might yield back her time if she has 

nothing further, and I will speak on my own time. 

Ms. ROS-LEHTINEN. I would be glad to yield my remaining time 

to Mr. Ackerman. 

Mr. ACKERMAN. How much time is remaining? 

Chairman HYDE. You will have 3 minutes and 56 seconds. 

Mr. ACKERMAN. Plus 5 minutes on my own, Mr. Chairman. 

Chairman HYDE. No. I am talking about Ms. Ros-Lehtinen has 

left. 

Mr. ACKERMAN. Yes, but I can be recognized——

Ms. ROS-LEHTINEN. No. We had already agreed 10 minutes. Reclaiming my time, we had already agreed to——

Mr. ACKERMAN. My recollection indicates that by unanimous consent in the case of this amendment, it was extended 2 minutes, 

both for Ms. Ros-Lehtinen and both for Ms. Berkley. 

60

Ms. ROS-LEHTINEN. That is right, and now of my 7 minutes, Mr. 

Ackerman, we have 3 minutes and 56 seconds. 

Mr. ACKERMAN. Well, I used to teach the old math, but five and 

five are 10, which is the 10. If you extended it by two and two, that 

is four. You subtract the four, there is still time left. 

Ms. ROS-LEHTINEN. The gentleman continues to use up so much 

of the time arguing this math every time we have an amendment. 

If you could just get to the point, Mr. Ackerman. 

Mr. ACKERMAN. I do not need to be chastised by you, Ms. RosLehtinen. 

Ms. ROS-LEHTINEN. I think that that is what you were doing to 

me. 

Mr. ACKERMAN. No, I was not. I was suggesting that——

Ms. ROS-LEHTINEN. I yield back the balance of my time, Mr. 

Chairman. 

Chairman HYDE. All right. 

Mr. ACKERMAN. Mr. Chairman, I seek recognition. 

Chairman HYDE. You need unanimous——

Ms. ROS-LEHTINEN. I object. 

Mr. ACKERMAN. Mr. Chairman? Mr. Chairman? 

Chairman HYDE. The Chair recognizes Ms. Berkley. 

Mr. ACKERMAN. Mr. Chairman? Mr. Chairman? 

Chairman HYDE. I have recognized Ms. Berkley. 

Ms. BERKLEY. Thank you, Mr. Chairman. I feel passionately 

about this amendment. 

Mr. ACKERMAN. Point of order, Mr. Chairman. 

Chairman HYDE. State your point of order. 

Mr. ACKERMAN. Is there time left or not? 

Chairman HYDE. The gentlelady is about to withdraw her 

amendment, and I am not about to stop her. So please let her do 

that. 

Mr. ACKERMAN. I just have 30 seconds, Mr. Chairman, and I am 

just trying to get my oar in the water, and I try to do so according 

to the rules. 

Ms. ROS-LEHTINEN. We have given the gentleman 4 minutes. 

Chairman HYDE. Go ahead. Take 30 seconds, Mr. Ackerman, if 

we can settle for that. We will interrupt Ms. Berkley. 

Ms. BERKLEY. With pleasure. 

Chairman HYDE. I do not believe it is a polite thing to do, but 

go ahead. 

Mr. ACKERMAN. I price the Chair’s consideration. I just wanted 

to say, having listened to Ms. Berkley’s statement, that the Committee did not actually enjoy—somebody on this Committee, at 

least one, if not many, actually enjoyed it, and thank you for your 

passionate remarks. 

Chairman HYDE. Ms. Berkley? 

Ms. BERKLEY. Thank you, Mr. Ackerman. 

Mr. Chairman, I believe passionately in this amendment. I think 

that we have been making the same mistake year after year after 

year when the Palestinians have it in their power to bring a true 

peace to the Middle East and to provide for their family and the 

welfare of the Palestinian people. 

But in the interest of cooperation and knowing how hard everybody worked in order to bring this to the Committee and how anxVerDate Mar 21 2002 12:51 Jun 30, 2006 Jkt 000000 PO 00000 Frm 00064 Fmt 6633 Sfmt 6633 F:\WORK\FULL\040606M\26909.000 HINTREL1 PsN: SHIRL
61

ious we are to have this legislation passed, and in deference to my 

good friend, Congressman Lantos, who has requested that I withdraw this amendment, I do withdraw this amendment with reservations, and I will be voting for the underlying bill. 

Mr. LANTOS. I want to thank my friend. 

Chairman HYDE. It is now an order to consider an amendment 

by Mr. Sherman. The clerk will read the amendment. 

Ms. RUSH. Amendment offered by Mr. Sherman to the amendment in the nature of a substitute offered by Ms. Ros-Lehtinen, Mr. 

Lantos, and Mr. Hyde to H.R. 4681. Page 12, strike line 15 and all 

that follows through line 10 on page 13 and make appropriate conforming amendments. 

[The information referred to follows:]

Chairman HYDE. Mr. Sherman is recognized for 5 minutes, and 

someone in opposition is recognized for 5 minutes. So we will go 

to Mr. Sherman now for 5 minutes in support of his amendment. 

Mr. SHERMAN. My amendment is far less strict than that of Ms. 

Berkley. It provides far more flexibility to the Administration. I 

heard Ms. Ros-Lehtinen and Mr. Lantos talk about why it would 

be important to provide humanitarian aid to the Palestinians. My 

amendment would allow such humanitarian aid, and in the rules 

of the bill itself would provide an exception and allow assistance 

to meet basic, human health needs, including the provision of food, 

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

human health needs. 

The question before us is whether we are going to allow this Administration to provide development aid to build buildings and 

ports simply because it decides that is what it wants to do. 

The world situation is this: The Palestinian people have voted in 

favor of a program of ethnic cleansing and genocide and destruction 

of the state of Israel. Contrast that with so many innocent populations, for example, in Sub-Saharan Africa where populations do 

not even get the aid they need from the United States for food and 

survival, and clearly we should, at this time, not be providing development aid and port construction, et cetera, to the Palestinians 

at a time when we cannot provide even food for those in desperate 

need of humanitarian aid. 

So I offer an amendment that leaves in the bill the provision that 

allows the Administration to meet those basic human needs but removes from the bill a provision that would allow the Administration, on notice to Congress—everything is notified—you can read 

the newspapers—giving us official notice provides us with little additional reading material. The current bill allows the Administration to provide that kind of development aid. 


26909b.eps
62

Now, there may come a time when, after hearings, this Committee, involved in the foreign policy of this nation, decides that development aid for the Palestinians is called for, but let us be involved in foreign policy instead of handing the Administration a 

blank check at a time when Hamas is in control of the Palestinian 

Authority. 

So if we want to be involved, we can give the Administration the 

flexibility to meet basic human needs, should it decide to do so, 

and, at the same time, wait for further hearings, wait for further 

legislation before we provide developmental aid. 

One other thing. Under my amendment, obviously, if Hamas 

changes its position, or if the Palestinian Authority comes under 

different leadership, then the Administration could go ahead and 

provide that developmental assistance. 

So let us pass a bill with teeth. Let us say to the Palestinians 

that we are there to meet your basic human needs but that we 

need to see a change in the position of the Palestinian Authority. 

If I have remaining time, I yield to the gentleman from New York, 

Mr. Engel. 

Mr. ENGEL. I thank the gentleman for yielding to me, and I want 

to strongly support his amendment. When we talk about an exception for other types of assistance, we are, in essence, talking about 

an exception for everything. We are giving a blanket waiver. You 

could drive a Mack truck through other types of assistance. So I 

do not know what we might want to provide under other types of 

assistance. 

I agree that there needs to be flexibility for the Executive 

Branch. It is important in this type of legislation, but this, to me, 

seems like a rather wide exception, even with the national security 

interest determination currently in the legislation. 

So while we understand that we want to get aid and humanitarian relief to innocent people, it makes no sense to me if we are 

putting forth a resolution which is an important policy statement, 

and then we are essentially gutting the entire resolution by giving 

the President virtually a blank check to provide whatever type of 

assistance the Administration might want, that really obviates the 

whole thing that we are trying to do here today. 

So I think that if Mr. Sherman’s amendment passes, we clearly 

have aid, humanitarian aid, to the Palestinian people, but we do 

not allow virtually any type of aid that would aid and abet Hamas. 

I think what Ms. Berkley was trying to do was to say that the Palestinians voted for Hamas with their eyes wide open, and, yes, it 

was a democratic election, but, you know, with every election there 

are consequences, and one of the consequences of their electing 

Hamas ought to be that we have no obligation to give a blanket 

waiver to provide any and all sorts of aid just because the Executive Branch, at some given time, may determine that that is what 

they need. 

So I commend Mr. Sherman, and I hope everyone votes for his 

amendment. 

Chairman HYDE. The gentleman’s time has expired. 

Ms. ROS-LEHTINEN. Mr. Chairman? 

Chairman HYDE. The gentlelady from Florida is recognized in opposition for 5 minutes. 

63

Ms. ROS-LEHTINEN. Thank you so much, Mr. Chairman. I would 

like to yield to Mr. Lantos, and then I will yield to Mr. Berman in 

opposition, and the remaining time, I would like to give it to Mr. 

Issa, who will speak on this issue and thereby not offer his amendment. So we will then be wrapping it up rather early. 

Mr. Lantos, thank you, my friend. 

Mr. LANTOS. I want to thank my friend for yielding, and for the 

sake of squeezing everything into the 5 minutes, let me just say, 

as I did vis-a-vis Ms. Berkley’s amendment, I see some merit in the 

amendment, but I think there is an overarching consideration here. 

What we have before us is a carefully crafted compromise that the 

Chairman and I and others who have been involved with this legislation have agreed on, and I think to dismantle it at this stage 

would be a serious strategic mistake. Therefore, I am constrained 

to oppose the gentleman’s amendment. 

Ms. ROS-LEHTINEN. And, Mr. Chairman, I would like to yield to 

Mr. Berman, if I may. 

Chairman HYDE. Mr. Berman is recognized for 3 minutes and 49 

seconds. 

Mr. BERMAN. Then where will Mr. Issa be? He will then offer his 

amendment. I will restrain myself. 

I want to join the Chair, the Chair of the Subcommittee, and the 

Ranking Member of the Full Committee in urging the Members to 

reject this amendment. This is a very good bill, and it is the right 

focus. It focuses on a Palestinian Authority controlled by a terrorist 

organization, and it says, by its terms, we are not trying to damage 

in a very fundamental way the Palestinian people. 

The irony is if this amendment were to pass, you could give aid 

directly to the Hamas-controlled Palestinian Authority for independent election commissions, for peace process and democracy 

building, but to an NGO that was opposed to Hamas, to an NGO 

that was controlled by independents like Salaam Fayad or others 

who had projects in the context of democracy building in terms of 

a housing program, in terms of a child care program, the President 

could not even use his waiver authority. 

Ms. ROS-LEHTINEN. Excellent point, Mr. Berman. 

Reclaiming my time, Mr. Chairman, I would like to yield to Mr. 

Issa. 

Mr. ISSA. Thank you, Mr. Chairman, and thank you, Madam 

Chairwoman. 

The balance that this bill represents, and this bill—I will not say 

if it is a good bill or a bad bill, but it is clearly a necessary piece 

of legislation. The outcome of this election is beyond regrettable, 

and it will be felt by the Palestinians and their impact on the peace 

process for years to come. 

Mr. Chairman, I just want to make the point that only 44 percent of Palestinians voted for Hamas, and in the districts, only 36 

and a half percent. We taught the Palestinians a lot about elections. Unfortunately, we did not teach them properly how to form 

a coalescing, two-party system, and as a result, a minority vote led 

to control of the Parliament. And I cannot bring myself to punish 

the minority of Palestinians or the majority of Palestinians in this 

case who voted for a two-state solution and a party or parties of 

64

two-state solutions who voted for peace, who longed for nothing 

better than to put their children into a real, free, democratic state. 

I would have offered my amendment. If this amendment that is 

being considered now fails, I do not expect to offer mine because, 

again, it is a delicate balance, and mine will not be necessary if 

this balance is maintained. 

I would like to ask all of my colleagues, in considering voting 

against this amendment, to look at just the first line of the bill: ‘‘To 

promote the development of democratic institutions in areas under 

administrative control of the Palestinian Authority and for other 

purposes.’’

We do not like the outcome of this election, and neither do the 

majority of Palestinians, and they will suffer for their poor organizational skills that led to a minority taking control of the Parliament. And we have talked about Mahmoud Abbas and Salaam 

Fayed and other moderates who the Sharon Government embraced, 

worked with, and provided funds to directly. They are, in fact, 

harmed in this, and I reject any abandonment of people as though 

abandoning the goal of democracy in a two-state solution would, in 

fact, lead to a better outcome. I know the Israeli people do not believe that, and I do not believe, in the name of the Israeli people, 

that we should go overboard beyond the necessary balance that this 

bill strikes, and with that, I urge, urge, you to defeat this amendment and consider the bill as is, and I yield back. 

Ms. ROS-LEHTINEN. Thank you. 

Mr. BERMAN. Mr. Chairman, could I ask unanimous consent to 

have 30 seconds to clarify a comment that confused Mr. Wexler 

and, therefore, I assume, confused everybody? 

Ms. ROS-LEHTINEN. I think we still have time. 

Mr. BERMAN. The bill allows an exception for aid to the Palestinian Authority President even as Hamas controls the government 

for peace process and election commission and democracy building. 

If this amendment were to pass, the President could not even certify a waiver for assistance to nongovernmental organizations 

which were anti-Hamas to do some of those things. That is why I 

thought we should vote no on this amendment. 

Mr. SHERMAN. If I could be recognized for 30 seconds, I believe 

my amendment does leave open, without the need to certify that 

Hamas is no longer in control, democracy aid. My amendment is 

focused on development aid. There is another section of the bill 

that deals with the democracy aid. 

Mr. BERMAN. That is what I am saying. My point is you are allowing aid to go to the Palestinian Authority while Hamas is in 

control for certain purposes, but by your amendment, you are eliminating the ability to give aid for those same purposes to nongovernmental organizations which are anti-Hamas, and that makes no 

sense. 

Mr. SHERMAN. I think I can be confident that this Administration 

is not going to try to find a loophole. 

Mr. BERMAN. Then why are you trying to get rid of the certification of a waiver? 

Chairman HYDE. The Chair must try to rein in the Committee 

and get it back on track. Mr. Lantos seeks recognition. 

65

Mr. LANTOS. Thank you very much, Mr. Chairman. Recognizing 

validity in Mr. Sherman’s argument, I would nevertheless like to 

ask him, as I asked Ms. Berkley, to withdraw his amendment. I 

think it is undesirable for the broader and longer-range purposes 

of what we are trying to achieve with this legislation to have divisive votes on amendments, however meritorious. If the gentleman 

would be gracious enough to withdraw his amendment, we could 

move on to final passage; otherwise, we shall vote on a divisive 

amendment, and I personally will vote against it. 

Chairman HYDE. Mr. Sherman? 

Mr. SHERMAN. I wonder if the Chairman could work with me to 

improve the bill, at least slightly, and put some restrictions on development aid, and if so, I would withdraw my amendment and 

simply work in good faith with the Chairman. 

Chairman HYDE. Well, if our staff will talk to your staff, will that 

satisfy you? 

Mr. SHERMAN. As long as we are working toward that goal. 

Mr. LANTOS. I appreciate my friend’s gesture. 

Chairman HYDE. We will do our best. Does the gentleman withdraw his amendment? 

Mr. SHERMAN. If we can work toward that goal together in good 

faith, Mr. Chairman, I withdraw my amendment. 

Chairman HYDE. Well, Mr. Sherman, we can agree to work with 

the gentleman on the legislation, whatever that implies. 

Mr. SHERMAN. I withdraw my amendment. 

Chairman HYDE. Mr. Issa has an amendment. 

Mr. ISSA. I withdraw my amendment. Not necessary in light of 

the other two withdrawals. 

Chairman HYDE. Very well. The question occurs on the amendment in the nature of a substitute. All of those in favor, say aye. 

[A chorus of ayes.] 

Chairman HYDE. Opposed, nay. 

[No response.] 

Chairman HYDE. The ayes have it, and the amendment is agreed 

to. 

The question occurs on the motion to report the bill favorably as 

amended. All of those in favor, say aye. 

[A chorus of ayes.] 

Chairman HYDE. Opposed, no. 

Mr. LANTOS. Mr. Chairman, on that, I request a recorded vote. 

Chairman HYDE. A recorded vote has been requested, and the 

clerk will call the roll. 

Ms. RUSH. Mr. Leach? 

[No response.] 

Ms. RUSH. Mr. Smith of New Jersey? 

[No response.] 

Ms. RUSH. Mr. Burton? 

Mr. BURTON. Aye. 

Ms. RUSH. Mr. Burton votes yes. Mr. Gallegly? 

Mr. GALLEGLY. Aye. 

Ms. RUSH. Mr. Gallegly votes yes. Ms. Ros-Lehtinen? 

Ms. ROS-LEHTINEN. Yes. 

Ms. RUSH. Ms. Ros-Lehtinen votes yes. Mr. Rohrabacher? 

Mr. ROHRABACHER. Yes. 

66

Ms. RUSH. Mr. Rohrabacher votes yes. Mr. Royce? 

Mr. ROYCE. Yes. 

Ms. RUSH. Mr. Royce votes yes. Mr. King? 

Mr. KING. Yes. 

[No response.] 

Ms. RUSH. Mr. Chabot? 

Mr. CHABOT. Aye. 

Ms. RUSH. Mr. Chabot votes yes. Mr. Tancredo? 

Mr. TANCREDO. Yes. 

Ms. RUSH. Mr. Tancredo votes yes. Mr. Paul? 

[No response.] 

Ms. RUSH. Mr. Issa? 

Mr. ISSA. Yes. 

Ms. RUSH. Mr. Issa votes yes. Mr. Flake? 

Mr. FLAKE. Yes. 

Ms. RUSH. Mr. Flake votes yes. Mrs. Davis? 

[No response.] 

Ms. RUSH. Mr. Green? 

Mr. GREEN. Yes. 

Ms. RUSH. Mr. Green votes yes. Mr. Weller? 

Mr. WELLER. Aye. 

Ms. RUSH. Mr. Weller votes yes. Mr. Pence? 

[No response.] 

Ms. RUSH. Mr. McCotter? 

Mr. MCCOTTER. Yes. 

Ms. RUSH. Mr. McCotter votes yes. Ms. Harris? 

Ms. HARRIS. Yes. 

Ms. RUSH. Ms. Harris votes yes. Mr. Wilson? 

Mr. WILSON. Yes. 

Ms. RUSH. Mr. Wilson votes yes. Mr. Boozman? 

Mr. BOOZMAN. Yes. 

Ms. RUSH. Mr. Boozman votes yes. Mr. Barrett? 

Mr. BARRETT. Aye. 

Ms. RUSH. Mr. Barrett votes yes. Mr. Mack? 

[No response.] 

Ms. RUSH. Mr. Fortenberry? 

Mr. FORTENBERRY. Yes. 

Ms. RUSH. Mr. Fortenberry votes yes. Mr. McCaul? 

Mr. MCCAUL. Yes. 

Ms. RUSH. Mr. McCaul votes yes. Mr. Poe? 

Mr. POE. Yes. 

Ms. RUSH. Mr. Poe votes yes. Mr. Lantos? 

Mr. LANTOS. Yes. 

Ms. RUSH. Mr. Lantos votes yes. Mr. Berman? 

Mr. BERMAN. Aye. 

Ms. RUSH. Mr. Berman votes yes. Mr. Ackerman? 

Mr. ACKERMAN. Yes. 

Ms. RUSH. Mr. Ackerman yes. Mr. Faleomavaega? 

Mr. FALEOMAVAEGA. Yes. 

Ms. RUSH. Mr. Faleomavaega votes yes. Mr. Payne? 

[No response.] 

Ms. RUSH. Mr. Brown? 

[No response.] 

Ms. RUSH. Mr. Sherman? 

67

Mr. SHERMAN. Yes. 

Ms. RUSH. Mr. Sherman votes yes. Mr. Wexler? 

Mr. WEXLER. Yes. 

Ms. RUSH. Mr. Wexler votes yes. Mr. Engel? 

Mr. ENGEL. Yes. 

Ms. RUSH. Mr. Engel votes yes. Mr. Delahunt? 

[No response.] 

Ms. RUSH. Mr. Meeks? 

Mr. MEEKS. Aye. 

Ms. RUSH. Mr. Meeks votes yes. Ms. Lee? 

[No response.] 

Ms. RUSH. Mr. Crowley? 

Mr. CROWLEY. Aye. 

Ms. RUSH. Mr. Crowley votes yes. Mr. Blumenauer? 

Mr. BLUMENAUER. No. 

Ms. RUSH. Mr. Blumenauer votes no. Ms. Berkley? 

Ms. BERKLEY. Aye. 

Ms. RUSH. Ms. Berkley votes yes. Ms. Napolitano? 

[No response.] 

Ms. RUSH. Mr. Schiff? 

Mr. SCHIFF. Aye. 

Ms. RUSH. Mr. Schiff votes yes. Ms. Watson? 

[No response.] 

Ms. RUSH. Mr. Smith of Washington? 

Mr. SMITH OF WASHINGTON. Aye. 

Ms. RUSH. Mr. Smith of Washington votes yes. Ms. McCollum? 

Ms. MCCOLLUM. No. 

Ms. RUSH. Ms. McCollum votes no. Mr. Chandler? 

Mr. CHANDLER. Yes. 

Ms. RUSH. Mr. Chandler yes. Mr. Cardoza? 

Mr. CARDOZA. Aye. 

Ms. RUSH. Mr. Cardoza votes yes. Mr. Carnahan? 

Mr. CARNAHAN. Yes. 

Ms. RUSH. Mr. Carnahan votes yes. Chairman Hyde? 

Chairman HYDE. Yes. 

Ms. RUSH. Chairman Hyde votes yes. 

Mr. SMITH OF NEW JERSEY. Mr. Chairman, I vote aye. 

Ms. RUSH. Mr. Smith of New Jersey votes yes. 

Chairman HYDE. The clerk will report. 

Ms. RUSH. On this vote, there are 36 yeses and two noes. 

Chairman HYDE. The motion to report favorably is adopted, and 

without objection, the staff is directed to make any technical and 

conforming changes, and without objection, statements for the 

record will be received for 5 days. And I congratulate the Committee on dealing with a very volatile, difficult subject successfully. 

Thank you. The Committee stands adjourned. 

[Whereupon, at 2:18 p.m., the Committee was adjourned.] 

(69)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE HEARING RECORD

PREPARED STATEMENT OF THE HONORABLE SHERROD BROWN, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF OHIO

Thank you, Mr. Chairman, 

I am pleased the committee is considering HR 4681, the Palestinian Anti-Terrorism Act. 

HR 4681 articulates a simple—yet vitally important—principle: there is no role 

in the global community for governments that deploy, accommodate or tolerate terrorists. 

Abiding terrorism is itself an act of terror. 

Terrorism is incompatible with international stability and peace in the Middle 

East. 

The United States must not directly or indirectly subsidize terrorism by financing 

governments that embrace it. 

Hamas clearly views terrorism toward Israel as a brave and righteous act. It is 

actually a cowardly and depraved one. 

This legislation asserts that our country will not engage with terrorists, whether 

they build the bomb or venerate the bomber. 

I am proud to be a cosponsor of HR 4681, and I urge my colleagues to support 

it. 

Thank you, Mr. Chairman. 

PREPARED STATEMENT OF THE HONORABLE DARRELL ISSA, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF CALIFORNIA

Mr. Chairman, thank you for holding this mark-up today on H.Res. 697 and H.R. 

4681, the Palestinian Anti-Terrorism Act of 2006. 

The need to ensure that U.S. funds do not support the terrorist group Hamas is 

obvious and I applaud the Administration for taking strong and decisive steps to 

prevent this from occurring. Congress has the legislative responsibility of authorizing funding, including foreign assistance, and it is appropriate for Congress to 

take action on this matter. 

I would also like to thank you Mr. Chairman along with Ms. Ros-Lehtinen, and 

Ranking Member Lantos for your work in crafting the substitute for H.R. 4681 the 

Committee will vote on today. 

I believe this substitute makes important changes to the introduced version that 

will make it a more effective tool for achieving our goals in the region. 

My support for this bill rests, in part, on the fact this legislation will not reduce 

aid to the Palestinian people. Keeping funds out of the hands of Hamas is the correct approach and ensuring that funds are delivered to the Palestinian people, outside the control of Hamas, is essential to our peace building efforts. 

My greatest remaining reservation about this legislation is the degree of flexibility 

afforded to the President to address situations, as they arise, that could affect our 

national security. I would have preferred that this legislation include a waiver like 

the one included in the Syria Accountability Act that affords the President the 

power to waive provisions as our national security interests dictate. I hope that this 

aspect of H.R. 4681 will be addressed in future consultations 

70

PREPARED STATEMENT OF THE HONORABLE BETTY MCCOLLUM, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF MINNESOTA

Mr. Chairman, I applaud your wisdom and determined effort to temper H.R. 4681, 

The Palestinian Anti-Terrorism Act of 2006, to reflect our common commitment of 

ensuring Israel’s security, combating terrorism and working towards a peaceful twostate solution for Israel and the Palestinian people. Despite your noblest efforts, Mr. 

Chairman, I unfortunately believe the substance of this legislation will not help the 

U.S. advance our vital interests and therefore I cannot support the bill in its current 

form. 

Among our colleagues in the U.S. House, there is unanimous intolerance and condemnation for the Hamas-led government of the Palestinian Authority and their refusal to recognize the State of Israel, renounce violence and terrorism, and agree 

to previous agreements and obligations of the Palestinian Authority. It is my hope 

that this legislation could be used to strengthen the Bush administration’s current 

position of leading the international community to keep firm pressure on Hamas 

until they agree to an internationally recognized civilized standard of conduct. At 

the same time, we must work to avoid a serious humanitarian crisis among the Palestinian people. 

Unfortunately, instead of advancing the U.S. interests, H.R. 4681 will require 

Hamas to go far beyond the three criteria set forth by President Bush and the Quartet for international recognition. This elevated threshold has consequences that I believe are contrary to U.S. interests, such as the negative implications on Palestinian 

leaders who have been committed to advancing the peace process, have denounced 

terrorism and are working with Israel for a permanent two-state solution. This bill 

also places extreme constraints on the delivery of humanitarian assistance to the 

Palestinian people. Palestinian families and children should not be targeted for punishment, but instead treated in a fashion that reflects our belief that their lives are 

valued. Non-governmental organizations (representing many of our faith communities) with significant experience delivering humanitarian assistance have expressed serious concerns that the lack of flexibility in H.R. 4681 will not allow them 

to properly carry out the very assistance determined to be necessary by the Secretary of State. It would be my hope that this is simply a failure in drafting the 

bill and can be remedied as the legislative process proceeds, not an attempt to intentionally make it prohibitively difficult for NGOs to carry out their contracts, thus 

ensuring suffering and misery among the Palestinian people. 

The inclusion of the section of the bill targeting the United Nations agencies and 

programs (Section 4) is very disappointing and clearly not intended to advance the 

peace process or the well-being of Israelis or Palestinians. The United Nations, as 

a member of the Quartet, has a vital role to play in ensuring humanitarian needs 

are met. To target a member of the Quartet in such a fashion is a clear sign that 

this bill is intended to undermine the Bush administration’s multilateral leadership. 

This section has no positive effect on the policy goal stated in Section 2 and will 

likely isolate the U.S. in the future. This entire section of the bill should be removed. 

There are other aspects of this bill which I disagree with because I believe they 

actually harm U.S. interests rather than enhance them. Fortunately, some of my 

concerns regarding the remainder of the bill are appropriately address in S. 2370 

which I feel provides the President appropriate flexibility to positively advance U.S. 

interests on a case-by-case basis. 

Finally, my opposition to H.R. 4681 is based on policy grounds that reflect my 

support for a Middle East peace process which will ultimately yield security and 

freedom from terrorism for the people of Israel and a democratic, secure and peaceful Palestinian state. H.R. 4681, in its current form, will result in no greater security or opportunities for peace than exist today with current law and policy, but may 

in fact have the result of destabilizing the current situation while fueling a humanitarian crisis. Legislation that potentially has such negative consequences and no net 

gain should not be passed by the U.S. House and for this reason I am opposed to 

it.

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