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’’. 
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— 
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 
4 

•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; 
5 

•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 
6 

•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 
7 

•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 Presi25 dent— 
8 

•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 as6 sistance— 

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 
9 

•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 en-
10 

•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 
11 

•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 De-
12 

•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 
13 

•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 contribu-
14 

•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 
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. 
16 

•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 
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 
18 

•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: 
19 

•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