IIB 

109TH CONGRESS 

2D SESSION H. R. 4681 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2006 

Received 

MAY 25, 2006 

Read twice and referred to the Committee on Foreign Relations 

AN ACT 

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, 


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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; 

16 (3) to urge members of the international com17 munity to avoid contact with and refrain from finan18 cially supporting the terrorist organization Hamas 

19 or a Hamas-controlled Palestinian Authority until 

20 Hamas agrees to recognize Israel, renounce violence, 

21 disarm, and accept prior agreements, including the 

22 Roadmap; 

23 (4) to promote the emergence of a democratic 

24 Palestinian governing authority that— 

25 (A) denounces and combats terrorism; 


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

2 disarm and dismantle any terrorist agency, net3 work, or facility; 

4 (C) has agreed to work to eliminate anti5 Israel and anti-Semitic incitement and the com6 memoration of terrorists in Palestinian society; 

7 (D) has agreed to respect the sovereignty 

8 of its neighbors; 

9 (E) acknowledges, respects, and upholds 

10 the human rights of all people; 

11 (F) implements the rule of law, good gov12 ernance, and democratic practices, including 

13 conducting free, fair, and transparent elections 

14 in compliance with international standards; 

15 (G) ensures institutional and financial 

16 transparency and accountability; and 

17 (H) has agreed to recognize the State of 

18 Israel as an independent, sovereign, Jewish, 

19 democratic state; and 

20 (5) to continue to support assistance to the Pal21 estinian people. 

22 (b) AMENDMENTS.—Chapter 1 of part III of the For23 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is 

24 amended— 


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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.—Except as provided in subsection 

9 (e), assistance may be provided under this Act to the Pal10 estinian 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 senior policy mak20 ing position in a ministry, agency, or instrumentality 

21 of the Palestinian Authority; 

22 ‘‘(2) the Palestinian Authority has— 

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

24 to exist as a Jewish state; and 


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

2 all previous agreements and understandings by 

3 the Palestine Liberation Organization and the 

4 Palestinian Authority with the Government of 

5 the United States, the Government of Israel, 

6 and the international community, including 

7 agreements and understandings pursuant to the 

8 Performance-Based Roadmap to a Permanent 

9 Two-State Solution to the Israeli-Palestinian 

10 Conflict (commonly referred to as the ‘Road11 map’); and 

12 ‘‘(3) the Palestinian Authority has taken effec13 tive steps and made demonstrable progress toward— 

14 ‘‘(A) completing the process of purging 

15 from its security services individuals with ties to 

16 terrorism; 

17 ‘‘(B) dismantling all terrorist infrastruc18 ture, confiscating unauthorized weapons, arrest19 ing and bringing terrorists to justice, destroying 

20 unauthorized arms factories, thwarting and pre21 empting terrorist attacks, and fully cooperating 

22 with Israel’s security services; 

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

24 Palestinian Authority-controlled electronic and 

25 print media and in schools, mosques, and other 


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1 institutions it controls, and replacing these ma2 terials, including textbooks, with materials that 

3 promote tolerance, peace, and coexistence with 

4 Israel; 

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

6 and an independent judiciary, and adopting 

7 other reforms such as ensuring transparent and 

8 accountable governance; and 

9 ‘‘(E) ensuring the financial transparency 

10 and accountability of all government ministries 

11 and operations. 

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

13 after the date on which the President transmits to Con14 gress an initial certification under subsection (b), and 

15 every six months thereafter— 

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

17 recertification that the requirements contained in 

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

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

20 recertification, the President shall transmit to Con21 gress a report that contains the reasons therefor. 

22 ‘‘(d) CONGRESSIONAL NOTIFICATION.—Assistance 

23 made available under this Act to the Palestinian Authority 

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

25 the President has provided notice thereof to the ComVerDate Aug 31 2005 21:56 May 26, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4681.RFS H4681

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1 mittee on International Relations and the Committee on 

2 Appropriations of the House of Representatives and to the 

3 Committee on Foreign Relations and the Committee on 

4 Appropriations of the Senate in accordance with the proce5 dures applicable to reprogramming notifications under 

6 section 634A(a) of this Act. 

7 ‘‘(e) EXCEPTIONS.— 

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

9 apply with respect to the following: 

10 ‘‘(A) ASSISTANCE TO INDEPENDENT ELEC11 TIONS COMMISSIONS.—Assistance to any Pales12 tinian independent election commission if the 

13 President transmits to Congress a certification 

14 that contains a determination of the President 

15 that— 

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

17 a member of, affiliated with, or appointed 

18 by a foreign terrorist organization; and 

19 ‘‘(ii) each member of such commission 

20 is independent of the influence of any po21 litical party or movement. 

22 ‘‘(B) ASSISTANCE TO SUPPORT THE MID23 DLE EAST PEACE PROCESS.—Assistance to the 

24 Office of the President of the Palestinian Au25 thority for non-security expenses directly reVerDate Aug 31 2005 21:56 May 26, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4681.RFS H4681

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1 lated to facilitating a peaceful resolution of the 

2 Israeli-Palestinian conflict or for the personal 

3 security detail of the President of the Pales4 tinian Authority if the President transmits to 

5 Congress a certification that contains a deter6 mination of the President that— 

7 ‘‘(i) such assistance is critical to fa8 cilitating a peaceful resolution of the 

9 Israeli-Palestinian conflict; 

10 ‘‘(ii) the President of the Palestinian 

11 Authority is not a member of or affiliated 

12 with a foreign terrorist organization and 

13 has rejected the use of terrorism to resolve 

14 the Israeli-Palestinian conflict; 

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

16 to provide funds to any individual who is 

17 a member of or affiliated with a foreign 

18 terrorist organization or who has not re19 jected the use of terrorism to resolve the 

20 Israeli-Palestinian conflict; and 

21 ‘‘(iv) such assistance will not be re22 transferred to any other entity within or 

23 outside of the Palestinian Authority except 

24 as payment for legal goods or services ren25 dered. 


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1 ‘‘(2) ADDITIONAL REQUIREMENTS.—Assistance 

2 described in paragraph (1) may be provided only if 

3 the President— 

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

5 assistance is important to the national security 

6 interests of the United States; and 

7 ‘‘(B) not less than 30 days prior to the ob8 ligation of amounts for the provision of such as9 sistance— 

10 ‘‘(i) consults with the appropriate con11 gressional committees regarding the spe12 cific programs, projects, and activities to 

13 be carried out using such assistance; and 

14 ‘‘(ii) submits to the appropriate con15 gressional committees a written memo16 randum that contains the determination of 

17 the President under subparagraph (A). 

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

19 ‘appropriate congressional committees’ means— 

20 ‘‘(A) the Committee on International Rela21 tions and the Committee on Appropriations of 

22 the House of Representatives; and 

23 ‘‘(B) the Committee on Foreign Relations 

24 and the Committee on Appropriations of the 

25 Senate. 


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

2 ‘‘(1) FOREIGN TERRORIST ORGANIZATION.— 

3 The term ‘foreign terrorist organization’ means an 

4 organization designated as a foreign terrorist organi5 zation by the Secretary of State in accordance with 

6 section 219(a) of the Immigration and Nationality 

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

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

9 ‘Palestinian Authority’ means the interim Pales10 tinian administrative organization that governs part 

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

12 successor Palestinian governing entity), including 

13 the Palestinian Legislative Council.’’. 

14 (c) APPLICABILITY TO UNEXPENDED FUNDS.—Sec15 tion 620K of the Foreign Assistance Act of 1961, as 

16 added by subsection (b), applies with respect to unex17 pended funds obligated for assistance under the Foreign 

18 Assistance Act of 1961 to the Palestinian Authority before 

19 the date of the enactment of this Act. 

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

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

22 the Comptroller General of the United States shall submit 

23 to the appropriate congressional committees a report that 

24 contains a review of the proposed procedures by which 

25 United States assistance to the Palestinian Authority 


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1 under the Foreign Assistance Act of 1961 will be audited 

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

3 International Development, and all other relevant depart4 ments and agencies of the Government of the United 

5 States and any recommendations for improvement of such 

6 procedures. 

7 (e) SENSE OF CONGRESS.—It is the sense of Con8 gress that the President should be guided by the principles 

9 and procedures described in section 620K of the Foreign 

10 Assistance Act of 1961, as added by subsection (b), in pro11 viding direct assistance to the Palestinian Authority under 

12 any provision of law other than the Foreign Assistance 

13 Act of 1961. 

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

15 AND GAZA. 

16 (a) AMENDMENT.—Chapter 1 of part III of the For17 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as 

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

19 by adding at the end the following new section: 

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

21 BANK AND GAZA. 

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

23 (d), assistance may be provided under this Act to non24 governmental organizations for the West Bank and Gaza 

25 only during a period for which a certification described 


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

2 to the Palestinian Authority. 

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

4 under this Act to nongovernmental organizations for the 

5 West Bank and Gaza shall be marked as assistance from 

6 the Government of the United States unless the Secretary 

7 of State or the Administrator of the United States Agency 

8 for International Development determines that such mark9 ing will endanger the lives or safety of persons delivering 

10 or receiving such assistance or would have a material ad11 verse effect on the implementation of such assistance. 

12 ‘‘(c) CONGRESSIONAL NOTIFICATION.—Assistance 

13 made available under this Act to nongovernmental organi14 zations for the West Bank and Gaza may not be provided 

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

16 provided notice thereof to the Committee on International 

17 Relations and the Committee on Appropriations of the 

18 House of Representatives and to the Committee on For19 eign Relations and the Committee on Appropriations of 

20 the Senate in accordance with the procedures applicable 

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

22 this Act. 

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

24 with respect to the following: 


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1 ‘‘(1) ASSISTANCE TO MEET BASIC HUMAN

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

3 medicine, sanitation services, or other assistance to 

4 directly meet basic human health needs. 

5 ‘‘(2) OTHER TYPES OF ASSISTANCE.—The pro6 vision of any other type of assistance if the Presi7 dent— 

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

9 assistance will further the national security in10 terests of the United States; and 

11 ‘‘(B) not less than 25 days prior to the ob12 ligation of amounts for the provision of such as13 sistance— 

14 ‘‘(i) consults with the appropriate con15 gressional committees regarding the spe16 cific programs, projects, and activities to 

17 be carried out using such assistance; and 

18 ‘‘(ii) submits to the appropriate con19 gressional committees a written memo20 randum that contains the determination of 

21 the President under subparagraph (A) and 

22 an explanation of how failure to provide 

23 the proposed assistance would be incon24 sistent with furthering the national secu25 rity interests of the United States. 


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

2 ‘appropriate congressional committees’ means— 

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

5 the House of Representatives; and 

6 ‘‘(B) the Committee on Foreign Relations 

7 and the Committee on Appropriations of the 

8 Senate.’’. 

9 (b) OVERSIGHT AND RELATED REQUIREMENTS.— 

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

11 2007 and 2008, the Secretary of State shall certify 

12 to the appropriate congressional committees not 

13 later than 30 days prior to the initial obligation of 

14 amounts for assistance to nongovernmental organi15 zations for the West Bank or Gaza under the For16 eign Assistance Act of 1961 that procedures have 

17 been established to ensure that the Comptroller Gen18 eral of the United States will have access to appro19 priate United States financial information in order 

20 to review the use of such assistance. 

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

22 amounts for assistance to nongovernmental organi23 zations for the West Bank or Gaza under the For24 eign Assistance Act of 1961, the Secretary of State 

25 shall take all appropriate steps to ensure that such 


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1 assistance is not provided to or through any indi2 vidual or entity that the Secretary knows, or has 

3 reason to believe, advocates, plans, sponsors, en4 gages in, or has engaged in, terrorist activity. The 

5 Secretary shall, as appropriate, establish procedures 

6 specifying the steps to be taken in carrying out this 

7 paragraph and shall terminate assistance to any in8 dividual or entity that the Secretary has determined 

9 advocates, plans, sponsors, or engages in terrorist 

10 activity. 

11 (3) PROHIBITION.—No amounts made available 

12 for any fiscal year for assistance to nongovernmental 

13 organizations for the West Bank or Gaza under the 

14 Foreign Assistance Act of 1961 may be made avail15 able for the purpose of recognizing or otherwise hon16 oring individuals or the families of individuals who 

17 commit, or have committed, acts of terrorism. 

18 (4) AUDITS.— 

19 (A) IN GENERAL.—The Administrator of 

20 the United States Agency for International De21 velopment shall ensure that independent audits 

22 of all contractors and grantees, and significant 

23 subcontractors and subgrantees, that receive 

24 amounts for assistance to nongovernmental or25 ganizations for the West Bank or Gaza under 


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1 the Foreign Assistance Act of 1961 are con2 ducted to ensure, among other things, compli3 ance with this subsection. 

4 (B) AUDITS BY INSPECTOR GENERAL OF

5 USAID.—Of the amounts available for any fiscal 

6 year for assistance to nongovernmental organi7 zations for the West Bank or Gaza under the 

8 Foreign Assistance Act of 1961, up to 

9 $1,000,000 for each such fiscal year may be 

10 used by the Office of the Inspector General of 

11 the United States Agency for International De12 velopment for audits, inspections, and other ac13 tivities in furtherance of the requirements of 

14 subparagraph (A). Such amounts are in addi15 tion to amounts otherwise available for such 

16 purposes. 

17 (c) SENSE OF CONGRESS.—It is the sense of Con18 gress that the President should be guided by the principles 

19 and procedures described in section 620L of the Foreign 

20 Assistance Act of 1961, as added by subsection (a), in pro21 viding assistance to nongovernmental organizations for the 

22 West Bank and Gaza under any provision of law other 

23 than the Foreign Assistance Act of 1961. 

24 SEC. 4. UNITED NATIONS AGENCIES AND PROGRAMS. 

25 (a) REVIEW AND REPORT.— 


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

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

3 shall— 

4 (A) conduct an audit of the functions of 

5 the entities specified in paragraph (2); and 

6 (B) transmit to the appropriate congres7 sional committees a report containing rec8 ommendations for the elimination of such enti9 ties and efforts that are duplicative or fail to 

10 ensure balance in the approach of the United 

11 Nations to Israeli-Palestinian issues. 

12 (2) ENTITIES SPECIFIED.—The entities re13 ferred to in paragraph (1) are the following: 

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

16 (B) The Committee on the Exercise of the 

17 Inalienable Rights of the Palestinian People. 

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

20 Personal Representative to the Palestine Lib21 eration Organization and the Palestinian Au22 thority. 

23 (D) The NGO Network on the Question of 

24 Palestine. 


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1 (E) The Special Committee to Investigate 

2 Israeli Practices Affecting the Human Rights of 

3 the Palestinian People and Other Arabs of the 

4 Occupied Territories. 

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

7 or fails to ensure balance in the approach to 

8 Israeli-Palestinian issues. 

9 (b) IMPLEMENTATION OF RECOMMENDATIONS BY

10 PERMANENT REPRESENTATIVE.— 

11 (1) IN GENERAL.—The United States Perma12 nent Representative to the United Nations shall use 

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

14 the United Nations to seek the implementation of 

15 the recommendations contained in the report re16 quired under subsection (a)(1)(B). 

17 (2) WITHHOLDING OF FUNDS.—Until the 

18 President certifies to the Congress that such rec19 ommendations have been implemented, the Secretary 

20 of State should withhold from United States con21 tributions to the regular assessed budget of the 

22 United Nations for a biennial period amounts that 

23 are proportional to the percentage of such budget 

24 that are expended for such entities. 


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

2 conduct an audit of the status of the implementation of 

3 the recommendations contained in the report required 

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

5 (d) WITHHOLDING OF FUNDS WITH RESPECT TO

6 THE PALESTINIAN AUTHORITY.— 

7 (1) ASSESSED CONTRIBUTIONS.—The Secretary 

8 of State should withhold from United States con9 tributions to the regular assessed budget of the 

10 United Nations for a biennial period amounts that 

11 are equal to the amounts of such budget that are ex12 pended by any United Nations affiliated or special13 ized agency for assistance directly to the Palestinian 

14 Authority. 

15 (2) VOLUNTARY CONTRIBUTIONS.—The Sec16 retary of State shall withhold from United States 

17 contributions to the voluntary budget of the United 

18 Nations for a biennial period amounts that are equal 

19 to the amounts of such budget that are expended by 

20 any United Nations affiliated or specialized agency 

21 for assistance directly to the Palestinian Authority. 

22 (3) DEFINITION.—For the purposes of this sec23 tion, the term ‘‘amounts of such budget that are ex24 pended by any United Nations affiliated or specialVerDate Aug 31 2005 21:56 May 26, 2006 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4681.RFS H4681

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1 ized agency for assistance directly to the Palestinian 

2 Authority’’ does not include— 

3 (A) amounts expended during any period 

4 for which a certification described in section 

5 620K(b) of the Foreign Assistance Act of 1961 

6 (as added by section 2(b)(2) of this Act) is in 

7 effect with respect to the Palestinian Authority; 

8 or 

9 (B) amounts expended for assistance of 

10 the type of assistance described in section 

11 104(c), 104A, 104B, or 104C of the Foreign 

12 Assistance Act of 1961 (22 U.S.C. 2151b, 

13 2151b–2, 2151b–3, or 2151b–4) and which 

14 would, if provided by the Government of the 

15 United States, be permitted under such sec16 tions, or under chapter 4 of part II of such Act 

17 (22 U.S.C. 2346 et seq.) to carry out the pur18 poses of such sections, by reason of the applica19 tion of section 104(c)(4) of such Act. 

20 SEC. 5. DESIGNATION OF TERRITORY CONTROLLED BY THE 

21 PALESTINIAN AUTHORITY AS TERRORIST 

22 SANCTUARY. 

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

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

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


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1 2(b)(2) of this Act) is not in effect with respect to the 

2 Palestinian Authority, the territory controlled by the Pal3 estinian Authority should be deemed to be in use as a 

4 sanctuary for terrorists or terrorist organizations for pur5 poses of section 6(j)(5) of the Export Administration Act 

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

7 the Foreign Relations Authorization Act, Fiscal Years 

8 1988 and 1989 (22 U.S.C. 2656f). 

9 SEC. 6. DENIAL OF VISAS FOR OFFICIALS OF THE PALES10 TINIAN AUTHORITY. 

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

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

13 a representative of the Palestinian Authority during any 

14 period for which a certification described in section 

15 620K(b) of the Foreign Assistance Act of 1961 (as added 

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

17 to the Palestinian Authority. 

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

19 (1) if the President determines and certifies to 

20 the appropriate congressional committees, on a case21 by-case basis, that the issuance of a visa to an alien 

22 described in such subsection is important to the na23 tional security interests of the United States; or 

24 (2) with respect to visas issued in connection 

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1 gust 4, 1947 (61 Stat. 756) (commonly known as 

2 the ‘‘United Nations Headquarters Agreement 

3 Act’’). 

4 SEC. 7. TRAVEL RESTRICTIONS ON OFFICIALS AND REP5 RESENTATIVES OF THE PALESTINIAN AU6 THORITY AND THE PALESTINE LIBERATION 

7 ORGANIZATION STATIONED AT THE UNITED 

8 NATIONS IN NEW YORK CITY. 

9 The President shall restrict the travel of officials and 

10 representatives of the Palestinian Authority and of the 

11 Palestine Liberation Organization who are stationed at 

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

13 of the United Nations headquarters building during any 

14 period for which a certification described in section 

15 620K(b) of the Foreign Assistance Act of 1961 (as added 

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

17 to the Palestinian Authority. 

18 SEC. 8. PROHIBITION ON PALESTINIAN AUTHORITY REP19 RESENTATION IN THE UNITED STATES. 

20 (a) PROHIBITION.—Notwithstanding any other provi21 sion of law, it shall be unlawful to establish or maintain 

22 an office, headquarters, premises, or other facilities or es23 tablishments within the jurisdiction of the United States 

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

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1 ganization during any period for which a certification de2 scribed in section 620K(b) of the Foreign Assistance Act 

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

4 in effect with respect to the Palestinian Authority. 

5 (b) ENFORCEMENT.— 

6 (1) ATTORNEY GENERAL.—The Attorney Gen7 eral shall take the necessary steps and institute the 

8 necessary legal action to effectuate the policies and 

9 provisions of subsection (a), including steps nec10 essary to apply the policies and provisions of sub11 section (a) to the Permanent Observer Mission of 

12 Palestine to the United Nations. 

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

14 States for a district in which a violation of sub15 section (a) occurs shall have authority, upon petition 

16 of relief by the Attorney General, to grant injunctive 

17 and such other equitable relief as it shall deem nec18 essary to enforce the provisions of subsection (a). 

19 (c) WAIVER.— 

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

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

22 days if the President determines and certifies to the 

23 appropriate congressional committees that such 

24 waiver— 


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1 (A) is vital to the national security inter2 ests of the United States and provides an expla3 nation of how the failure to waive the applica4 tion of subsection (a) would be inconsistent 

5 with the vital national security interests of the 

6 United States; and 

7 (B) would further the achievement of the 

8 requirements outlined in the certification de9 scribed in section 620K(b) of the Foreign As10 sistance Act of 1961 (as added by section 

11 2(b)(2) of this Act). 

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

13 waiver described in paragraph (1) for successive 

14 180-day periods if the President makes the deter15 mination and certification described in such para16 graph for each such period. 

17 SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS. 

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

19 of the United States that the United States Executive Di20 rector at each international financial institution shall use 

21 the voice, vote, and influence of the United States to pro22 hibit assistance to the Palestinian Authority unless a cer23 tification described in subsection (b) is in effect with re24 spect to the Palestinian Authority. 


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1 (b) CERTIFICATION.—A certification described in this 

2 subsection is a certification transmitted by the President 

3 to Congress that contains a determination of the President 

4 that the requirements of paragraphs (1), (2), and (3)(A), 

5 (B), (C), and (E) of section 620K(b) of the Foreign As6 sistance Act of 1961 (as added by section 2(b)(2) of this 

7 Act) are being met by the Palestinian Authority. 

8 (c) DEFINITION.—In this section, the term ‘‘inter9 national financial institution’’ has the meaning given the 

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

11 Institutions Act. 

12 SEC. 10. DIPLOMATIC CONTACTS WITH PALESTINIAN TER13 ROR ORGANIZATIONS. 

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

15 officer or employee of the United States Government shall 

16 negotiate or have substantive contacts with members or 

17 official representatives of Hamas, Palestinian Islamic 

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

19 al-Aqsa Martyrs Brigade, or any other Palestinian ter20 rorist organization, unless and until such organization— 

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

22 (2) renounces the use of terrorism; 

23 (3) dismantles the infrastructure necessary to 

24 carry out terrorist acts, including the disarming of 


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1 militias and the elimination of all instruments of ter2 ror; and 

3 (4) recognizes and accepts all previous agree4 ments and understandings between the State of 

5 Israel and the Palestine Liberation Organization and 

6 the Palestinian Authority. 

7 SEC. 11. DEFINITIONS. 

8 In this Act: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means— 

12 (A) the Committee on International Rela13 tions and the Committee on Appropriations of 

14 the House of Representatives; and 

15 (B) the Committee on Foreign Relations 

16 and the Committee on Appropriations of the 

17 Senate. 

18 (2) PALESTINIAN AUTHORITY.—The term ‘‘Pal19 estinian Authority’’ has the meaning given the term 


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HR 4681 RFS 

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

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

Passed the House of Representatives May 23, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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