IB 

Union Calendar No. 258 

109TH CONGRESS 

2D SESSION H. R. 4681 

[Report No. 109–462, Parts I and II] 

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 

MAY 11, 2006 

Reported from the Committee on International Relations with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 11, 2006 

Referral to the Committees on Financial Services and the Judiciary extended 

May 11, 2006, for a period ending not later than May 15, 2006 

MAY 15, 2006 

Additional sponsors: Mr. DOOLITTLE, Mr. MCNULTY, Mr. REYNOLDS, Mr. 

WILSON of South Carolina, Mr. SHAYS, Mr. GERLACH, Mr. SCOTT of 

Georgia, Mr. TERRY, Mr. KING of Iowa, Mr. NORWOOD, Mrs. MILLER

of Michigan, Mr. MCHENRY, Mr. CUELLAR, Mr. PRICE of Georgia, Mr. 

HASTINGS of Florida, Mr. LINCOLN DIAZ-BALART of Florida, Mr. 

CULBERSON, Ms. HART, Mrs. KELLY, Mr. KENNEDY of Minnesota, Mr. 


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SULLIVAN, Mr. HENSARLING, Mr. FITZPATRICK of Pennsylvania, Mr. 

SOUDER, Mr. FOSSELLA, Mr. MARIO DIAZ-BALART of Florida, Mr. 

WESTMORELAND, Mr. DAVIS of Florida, Mr. RUPPERSBERGER, Mr. 

BLUNT, Mrs. MALONEY, Mrs. NORTHUP, Mr. FERGUSON, Mr. WELDON

of Pennsylvania, Mr. SESSIONS, Mr. MEEKS of New York, Ms. HARMAN, 

Mr. WAXMAN, Mr. JOHNSON of Illinois, Mr. YOUNG of Florida, Mr. 

BUTTERFIELD, Mr. ENGLISH of Pennsylvania, Mr. KINGSTON, Mr. 

SHAW, Mr. BONNER, Mr. PLATTS, Mr. DEAL of Georgia, Mr. HOLDEN, 

Mr. ETHERIDGE, Mr. LOBIONDO, Mr. SAXTON, Mr. MARCHANT, Mr. 

STEARNS, Mr. SENSENBRENNER, Ms. SCHAKOWSKY, Mr. TOM DAVIS of 

Virginia, Mr. FORD, Mr. ALEXANDER, Mr. LINDER, Mr. BERMAN, Mr. 

GARRETT of New Jersey, Mr. GONZALEZ, Mr. ROSS, Mr. LUCAS, Ms. 

GINNY BROWN-WAITE of Florida, Mr. HIGGINS, Mr. BOSWELL, Mr. 

MATHESON, Mrs. SCHMIDT, Mr. CARDIN, Mr. MURPHY, Mrs. EMERSON, 

Miss MCMORRIS, Mrs. LOWEY, Mr. BARTLETT of Maryland, Mr. STRICKLAND, Mr. WYNN, Mr. PORTER, Mr. BARROW, Mr. DAVIS of Kentucky, 

Mr. SIMMONS, Mr. KLINE, Mr. DENT, Mrs. NAPOLITANO, Ms. CORRINE

BROWN of Florida, Mr. PUTNAM, Mr. FOLEY, Mr. GORDON, Ms. FOXX, 

Mr. ROTHMAN, Mr. BROWN of Ohio, Ms. SCHWARTZ of Pennsylvania, Mr. 

POMBO, Ms. MATSUI, Ms. LINDA T. SA ́NCHEZ of California, Mr. 

FEENEY, Mr. GENE GREEN of Texas, Mr. ANDREWS, Mr. NUNES, Mr. 

FORBES, Mr. HASTINGS of Washington, Mr. CONAWAY, Mr. RUSH, Mr. 

MCINTYRE, Mr. CAMPBELL of California, Mr. BISHOP of Georgia, Ms. 

WASSERMAN SCHULTZ, Mr. WEXLER, Mrs. MYRICK, Mr. GOHMERT, Mr. 

SHADEGG, Mr. LARSEN of Washington, Mr. BONILLA, Mr. AKIN, Mr. 

WELDON of Florida, Mr. RENZI, Mr. OWENS, Mr. MICA, Mr. NUSSLE, 

Mr. JINDAL, Mrs. CAPITO, Mrs. BONO, Mr. TIBERI, Mr. MCHUGH, Mr. 

KIRK, Mr. SIMPSON, Mr. HAYWORTH, Mr. GINGREY, Mr. TURNER, Mr. 

VISCLOSKY, Mr. RANGEL, Mr. TOWNS, Mr. DAVIS of Tennessee, Mr. 

CRENSHAW, Mrs. JONES of Ohio, Mr. KELLER, Mr. THOMPSON of California, Mr. SMITH of New Jersey, Mr. NEUGEBAUER, Mr. ADERHOLT, 

Mr. GRAVES, Mr. BISHOP of Utah, Mr. PICKERING, Mr. PETERSON of 

Pennsylvania, Mrs. DRAKE, Mr. BOREN, Mr. GREEN of Wisconsin, Mr. 

KUHL of New York, Mr. RYAN of Wisconsin, Mr. EDWARDS, Mr. FILNER, Mr. BAKER, Mr. HOLT, Mr. COLE of Oklahoma, Mr. BURGESS, Mr. 

HEFLEY, Mr. BISHOP of New York, Mr. BRADY of Pennsylvania, Mr. 

MICHAUD, Mr. ROGERS of Michigan, Mr. MOORE of Kansas, Mr. WAMP, 

Mr. CAMP of Michigan, Mr. COOPER, Mr. COBLE, Mr. EVANS, Mr. MILLER of North Carolina, Mr. BEAUPREZ, Mr. MELANCON, Mr. INGLIS of 

South Carolina, Mr. COSTA, Mrs. MUSGRAVE, Mr. RYAN of Ohio, Mr. 

SCHWARZ of Michigan, Mr. FATTAH, Mr. CRAMER, Mr. AL GREEN of 

Texas, Mr. MCCOTTER, Mr. DAVIS of Alabama, Mr. FRELINGHUYSEN, 

Mr. SALAZAR, Mr. PASTOR, Mr. THOMPSON of Mississippi, Mr. HOYER, 

Mr. PALLONE, Ms. GRANGER, Mr. LEVIN, Mr. FLAKE, Mr. OTTER, Mr. 

WU, Mr. SHIMKUS, Mr. STUPAK, Mr. CARNAHAN, Mr. BACHUS, Mr. 

EVERETT, Mr. MEEK of Florida, Mr. ROGERS of Alabama, Mr. FRANKS

of Arizona, Mr. BERRY, Mr. SHUSTER, Ms. HERSETH, Mr. CHOCOLA, 

Mr. HAYES, Mr. VAN HOLLEN, Mr. LEWIS of California, Mr. REYES, Mr. 

YOUNG of Alaska, Mr. WALSH, Mr. LEWIS of Georgia, Mr. BRADY of 

Texas, Mr. KENNEDY of Rhode Island, Mr. EMANUEL, Ms. PRYCE of 

Ohio, Mr. UDALL of Colorado, Mr. CUMMINGS, Mr. BACA, Mr. LATHAM, 


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Mr. HERGER, Mr. UDALL of New Mexico, Mr. BILIRAKIS, Mr. REHBERG, 

Mr. GUTKNECHT, Mr. OSBORNE, Mr. RADANOVICH, Mr. CANNON, Mr. 

BARRETT of South Carolina, Mr. SMITH of Texas, Ms. SLAUGHTER, Mr. 

PASCRELL, Mr. WICKER, Mr. RYUN of Kansas, Mr. KNOLLENBERG, Mr. 

BOOZMAN, Mr. REICHERT, Ms. DELAURO, Mr. GALLEGLY, Mr. NEAL of 

Massachusetts, Ms. PELOSI, Ms. DEGETTE, Mr. LIPINSKI, Mr. DANIEL

E. LUNGREN of California, Mr. DAVIS of Illinois, Mr. TANNER, Mr. 

EHLERS, Ms. BORDALLO, Mr. BOUSTANY, Mr. MCCRERY, Mr. CLEAVER, 

Mr. JEFFERSON, Mr. LEWIS of Kentucky, Mrs. DAVIS of California, Mr. 

MCKEON, Mr. GOODLATTE, Mr. SPRATT, Mr. MILLER of Florida, Mr. 

LANGEVIN, Mr. CARTER, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 

GIBBONS, Mr. HONDA, Mrs. BIGGERT, Mr. HULSHOF, Mr. DOYLE, Mrs. 

WILSON of New Mexico, and Mr. SCOTT of Virginia 

MAY 15, 2006 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in boldface roman] 

MAY 15, 2006 

Committee on Financial Services discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on February 1, 2006] 

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 SEC. 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Palestinian Anti-Ter5 rorism Act of 2006’’. 


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1 SEC. 2. LIMITATION ON ASSISTANCE TO THE PALESTINIAN 

2 AUTHORITY. 

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

4 of the United States— 

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

6 end the conflict between Israel and the Palestinians 

7 in accordance with the Performance-Based Roadmap 

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

10 ‘‘Roadmap’’); 

11 (2) to oppose those organizations, individuals, 

12 and countries that support terrorism and violence; 

13 (3) to urge members of the international commu14 nity to avoid contact with and refrain from finan15 cially supporting the terrorist organization Hamas or 

16 a Hamas-controlled Palestinian Authority until 

17 Hamas agrees to recognize Israel, renounce violence, 

18 disarm, and accept prior agreements, including the 

19 Roadmap; 

20 (4) to promote the emergence of a democratic 

21 Palestinian governing authority that— 

22 (A) denounces and combats terrorism; 

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

24 disarm and dismantle any terrorist agency, net25 work, or facility; 


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1 (C) has agreed to work to eliminate anti2 Israel and anti-Semitic incitement and the com3 memoration of terrorists in Palestinian society; 

4 (D) has agreed to respect the sovereignty of 

5 its neighbors; 

6 (E) acknowledges, respects, and upholds the 

7 human rights of all people; 

8 (F) implements the rule of law, good gov9 ernance, and democratic practices, including 

10 conducting free, fair, and transparent elections 

11 in compliance with international standards; 

12 (G) ensures institutional and financial 

13 transparency and accountability; and 

14 (H) has agreed to recognize the State of 

15 Israel as an independent, sovereign, Jewish, 

16 democratic state; and 

17 (5) to continue to support assistance to the Pal18 estinian people. 

19 (b) AMENDMENTS.—Chapter 1 of part III of the For20 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is 

21 amended— 

22 (1) by redesignating the second section 620G (as 

23 added by section 149 of Public Law 104–164 (110 

24 Stat. 1436)) as section 620J; and 


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1 (2) by adding at the end the following new sec2 tion: 

3 ‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALES4 TINIAN AUTHORITY. 

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

6 (e), assistance may be provided under this Act to the Pales7 tinian Authority only during a period for which a certifi8 cation described in subsection (b) is in effect. 

9 ‘‘(b) CERTIFICATION.—A certification described in this 

10 subsection is a certification transmitted by the President 

11 to Congress that contains a determination of the President 

12 that— 

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

14 the Palestinian Authority is controlled by a foreign 

15 terrorist organization and no member of a foreign ter16 rorist organization serves in a senior policy making 

17 position in a ministry, agency, or instrumentality of 

18 the Palestinian Authority; 

19 ‘‘(2) the Palestinian Authority has— 

20 ‘‘(A) publicly acknowledged Israel’s right to 

21 exist as a Jewish state; and 

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

23 all previous agreements and understandings by 

24 the Palestine Liberation Organization and the 

25 Palestinian Authority with the Government of 


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1 the United States, the Government of Israel, and 

2 the international community, including agree3 ments and understandings pursuant to the Per4 formance-Based Roadmap to a Permanent Two5 State Solution to the Israeli-Palestinian Conflict 

6 (commonly referred to as the ‘Roadmap’); and 

7 ‘‘(3) the Palestinian Authority has taken effective 

8 steps and made demonstrable progress toward— 

9 ‘‘(A) completing the process of purging from 

10 its security services individuals with ties to ter11 rorism; 

12 ‘‘(B) dismantling all terrorist infrastruc13 ture, confiscating unauthorized weapons, arrest14 ing and bringing terrorists to justice, destroying 

15 unauthorized arms factories, thwarting and pre16 empting terrorist attacks, and fully cooperating 

17 with Israel’s security services; 

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

19 Palestinian Authority-controlled electronic and 

20 print media and in schools, mosques, and other 

21 institutions it controls, and replacing these ma22 terials, including textbooks, with materials that 

23 promote tolerance, peace, and coexistence with 

24 Israel; 


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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 after 

9 the date on which the President transmits to Congress an 

10 initial certification under subsection (b), and every six 

11 months thereafter— 

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

13 recertification that the requirements contained in sub14 section (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 to the Palestinian Authority 

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

21 the President has provided notice thereof to the Committee 

22 on International Relations and the Committee on Appro23 priations of the House of Representatives and to the Com24 mittee on Foreign Relations and the Committee on Appro25 priations of the Senate in accordance with the procedures 


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1 applicable to reprogramming notifications under section 

2 634A(a) of this Act. 

3 ‘‘(e) EXCEPTIONS.— 

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

5 apply with respect to the following: 

6 ‘‘(A) ASSISTANCE TO INDEPENDENT ELEC7 TIONS COMMISSIONS.—Assistance to any Pales8 tinian independent election commission if the 

9 President transmits to Congress a certification 

10 that contains a determination of the President 

11 that— 

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

13 a member of, affiliated with, or appointed 

14 by a foreign terrorist organization; and 

15 ‘‘(ii) each member of such commission 

16 is independent of the influence of any polit17 ical party or movement. 

18 ‘‘(B) ASSISTANCE TO SUPPORT THE MIDDLE

19 EAST PEACE PROCESS.—Assistance to the Office 

20 of the President of the Palestinian Authority for 

21 non-security expenses directly related to facili22 tating a peaceful resolution of the Israeli-Pales23 tinian conflict or for the personal security detail 

24 of the President of the Palestinian Authority if 

25 the President transmits to Congress a certifiVerDate Aug 31 2005 04:08 May 16, 2006 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H4681.RH H4681

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1 cation that contains a determination of the 

2 President that— 

3 ‘‘(i) such assistance is critical to facili4 tating a peaceful resolution of the Israeli5 Palestinian conflict; 

6 ‘‘(ii) the President of the Palestinian 

7 Authority is not a member of or affiliated 

8 with a foreign terrorist organization and 

9 has rejected the use of terrorism to resolve 

10 the Israeli-Palestinian conflict; 

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

12 to provide funds to any individual who is 

13 a member of or affiliated with a foreign ter14 rorist organization or who has not rejected 

15 the use of terrorism to resolve the Israeli16 Palestinian conflict; and 

17 ‘‘(iv) such assistance will not be re18 transferred to any other entity within or 

19 outside of the Palestinian Authority except 

20 as payment for legal goods or services ren21 dered. 

22 ‘‘(2) ADDITIONAL REQUIREMENTS.—Assistance 

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

24 the President— 


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

2 assistance is important to the national security 

3 interests of the United States; and 

4 ‘‘(B) not less than 30 days prior to the obli5 gation of amounts for the provision of such as6 sistance— 

7 ‘‘(i) consults with the appropriate con8 gressional committees regarding the specific 

9 programs, projects, and activities to be car10 ried 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 ‘‘(f) DEFINITIONS.—In this section: 

24 ‘‘(1) FOREIGN TERRORIST ORGANIZATION.—The 

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1 zation designated as a foreign terrorist organization 

2 by the Secretary of State in accordance with section 

3 219(a) of the Immigration and Nationality Act (8 

4 U.S.C. 1189(a)). 

5 ‘‘(2) PALESTINIAN AUTHORITY.—The term ‘Pal6 estinian Authority’ means the interim Palestinian 

7 administrative organization that governs part of the 

8 West Bank and all of the Gaza Strip (or any suc9 cessor Palestinian governing entity), including the 

10 Palestinian Legislative Council.’’. 

11 (c) APPLICABILITY TO UNEXPENDED FUNDS.—Section 

12 620K of the Foreign Assistance Act of 1961, as added by 

13 subsection (b), applies with respect to unexpended funds ob14 ligated for assistance under the Foreign Assistance Act of 

15 1961 to the Palestinian Authority before the date of the en16 actment of this Act. 

17 (d) 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 proposed procedures by which 

22 United States assistance to the Palestinian Authority under 

23 the Foreign Assistance Act of 1961 will be audited by the 

24 Department of State, the United States Agency for Inter25 national Development, and all other relevant departments 


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1 and agencies of the Government of the United States and 

2 any recommendations for improvement of such procedures. 

3 (e) SENSE OF CONGRESS.—It is the sense of Congress 

4 that the President should be guided by the principles and 

5 procedures described in section 620K of the Foreign Assist6 ance Act of 1961, as added by subsection (b), in providing 

7 direct assistance to the Palestinian Authority under any 

8 provision of law other than the Foreign Assistance Act of 

9 1961. 

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

11 AND GAZA. 

12 (a) AMENDMENT.—Chapter 1 of part III of the For13 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as 

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

15 by adding at the end the following new section: 

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

17 BANK AND GAZA. 

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

19 (d), assistance may be provided under this Act to non20 governmental organizations for the West Bank and Gaza 

21 only during a period for which a certification described in 

22 section 620K(b) of this Act is in effect with respect to the 

23 Palestinian Authority. 

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

25 under this Act to nongovernmental organizations for the 


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1 West Bank and Gaza shall be marked as assistance from 

2 the Government of the United States unless the Secretary 

3 of State or the Administrator of the United States Agency 

4 for International Development determines that such mark5 ing will endanger the lives or safety of persons delivering 

6 or receiving such assistance or would have a material ad7 verse effect on the implementation of such assistance. 

8 ‘‘(c) CONGRESSIONAL NOTIFICATION.—Assistance 

9 made available under this Act to nongovernmental organi10 zations for the West Bank and Gaza may not be provided 

11 until 15 days after the date on which the President has pro12 vided notice thereof to the Committee on International Rela13 tions and the Committee on Appropriations of the House 

14 of Representatives and to the Committee on Foreign Rela15 tions and the Committee on Appropriations of the Senate 

16 in accordance with the procedures applicable to reprogram17 ming notifications under section 634A(a) of this Act. 

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

19 with respect to the following: 

20 ‘‘(1) ASSISTANCE TO MEET BASIC HUMAN

21 HEALTH NEEDS.—The provision of food, water, medi22 cine, sanitation services, or other assistance to di23 rectly meet basic human health needs. 

24 ‘‘(2) OTHER TYPES OF ASSISTANCE.—The provi25 sion of any other type of assistance if the President— 


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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 25 days prior to the obli5 gation of amounts for the provision of such as6 sistance— 

7 ‘‘(i) consults with the appropriate con8 gressional committees regarding the specific 

9 programs, projects, and activities to be car10 ried 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) and 

15 an explanation of how failure to provide the 

16 proposed assistance would be inconsistent 

17 with furthering the national security inter18 ests of the United States. 

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

20 ‘appropriate congressional committees’ means— 

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

23 the House of Representatives; and 


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1 ‘‘(B) the Committee on Foreign Relations 

2 and the Committee on Appropriations of the 

3 Senate.’’. 

4 (b) OVERSIGHT AND RELATED REQUIREMENTS.— 

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

6 2007 and 2008, the Secretary of State shall certify to 

7 the appropriate congressional committees not later 

8 than 30 days prior to the initial obligation of 

9 amounts for assistance to nongovernmental organiza10 tions for the West Bank or Gaza under the Foreign 

11 Assistance Act of 1961 that procedures have been es12 tablished to ensure that the Comptroller General of the 

13 United States will have access to appropriate United 

14 States financial information in order to review the 

15 use of such assistance. 

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

17 amounts for assistance to nongovernmental organiza18 tions for the West Bank or Gaza under the Foreign 

19 Assistance Act of 1961, the Secretary of State shall 

20 take all appropriate steps to ensure that such assist21 ance is not provided to or through any individual or 

22 entity that the Secretary knows, or has reason to be23 lieve, advocates, plans, sponsors, engages in, or has 

24 engaged in, terrorist activity. The Secretary shall, as 

25 appropriate, establish procedures specifying the steps 


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1 to be taken in carrying out this paragraph and shall 

2 terminate assistance to any individual or entity that 

3 the Secretary has determined advocates, plans, spon4 sors, or engages in terrorist activity. 

5 (3) PROHIBITION.—No amounts made available 

6 for any fiscal year for assistance to nongovernmental 

7 organizations for the West Bank or Gaza under the 

8 Foreign Assistance Act of 1961 may be made avail9 able for the purpose of recognizing or otherwise hon10 oring individuals or the families of individuals who 

11 commit, or have committed, acts of terrorism. 

12 (4) AUDITS.— 

13 (A) IN GENERAL.—The Administrator of the 

14 United States Agency for International Develop15 ment shall ensure that independent audits of all 

16 contractors and grantees, and significant sub17 contractors and subgrantees, that receive 

18 amounts for assistance to nongovernmental orga19 nizations for the West Bank or Gaza under the 

20 Foreign Assistance Act of 1961 are conducted to 

21 ensure, among other things, compliance with this 

22 subsection. 

23 (B) AUDITS BY INSPECTOR GENERAL OF

24 USAID.—Of the amounts available for any fiscal 

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1 tions for the West Bank or Gaza under the For2 eign Assistance Act of 1961, up to $1,000,000 for 

3 each such fiscal year may be used by the Office 

4 of the Inspector General of the United States 

5 Agency for International Development for audits, 

6 inspections, and other activities in furtherance of 

7 the requirements of subparagraph (A). Such 

8 amounts are in addition to amounts otherwise 

9 available for such purposes. 

10 (c) SENSE OF CONGRESS.—It is the sense of Congress 

11 that the President should be guided by the principles and 

12 procedures described in section 620L of the Foreign Assist13 ance Act of 1961, as added by subsection (a), in providing 

14 assistance to nongovernmental organizations for the West 

15 Bank and Gaza under any provision of law other than the 

16 Foreign Assistance Act of 1961. 

17 SEC. 4. UNITED NATIONS AGENCIES AND PROGRAMS. 

18 (a) REVIEW AND REPORT.— 

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

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

21 shall— 

22 (A) conduct an audit of the functions of the 

23 entities specified in paragraph (2); and 

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1 ommendations for the elimination of such enti2 ties and efforts that are duplicative or fail to en3 sure balance in the approach of the United Na4 tions to Israeli-Palestinian issues. 

5 (2) ENTITIES SPECIFIED.—The entities referred 

6 to in paragraph (1) are the following: 

7 (A) The United Nations Division for Pales8 tinian Rights. 

9 (B) The Committee on the Exercise of the 

10 Inalienable Rights of the Palestinian People. 

11 (C) The United Nations Special Coordi12 nator for the Middle East Peace Process and 

13 Personal Representative to the Palestine Libera14 tion Organization and the Palestinian Author15 ity. 

16 (D) The NGO Network on the Question of 

17 Palestine. 

18 (E) The Special Committee to Investigate 

19 Israeli Practices Affecting the Human Rights of 

20 the Palestinian People and Other Arabs of the 

21 Occupied Territories. 

22 (F) Any other entity the Secretary deter23 mines results in duplicative efforts or funding or 

24 fails to ensure balance in the approach to 

25 Israeli-Palestinian issues. 


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1 (b) IMPLEMENTATION OF RECOMMENDATIONS BY PER2 MANENT REPRESENTATIVE.— 

3 (1) IN GENERAL.—The United States Permanent 

4 Representative to the United Nations shall use the 

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

6 United Nations to seek the implementation of the rec7 ommendations contained in the report required under 

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

9 (2) WITHHOLDING OF FUNDS.—Until such rec10 ommendations have been implemented, the Secretary 

11 of State is authorized to withhold from United States 

12 contributions to the regular assessed budget of the 

13 United Nations for a biennial period amounts that 

14 are proportional to the percentage of such budget that 

15 are expended for such entities. 

16 (c) GAO AUDIT.—The Comptroller General shall con17 duct an audit of the status of the implementation of the 

18 recommendations contained in the report required under 

19 subsection (a)(1)(B). 

20 (d) WITHHOLDING OF FUNDS WITH RESPECT TO THE

21 PALESTINIAN AUTHORITY.—The Secretary of State is au22 thorized to withhold from United States contributions to the 

23 regular assessed budget of the United Nations for a biennial 

24 period amounts that are proportional to the percentage of 

25 such budget that are expended for any United Nations afVerDate Aug 31 2005 04:08 May 16, 2006 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H4681.RH H4681

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1 filiated or specialized agency that provides assistance di2 rectly to the Palestinian Authority during any period for 

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

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

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

6 Authority. 

7 SEC. 5. DESIGNATION OF TERRITORY CONTROLLED BY THE 

8 PALESTINIAN AUTHORITY AS TERRORIST 

9 SANCTUARY. 

10 It is the sense of Congress that, during any period for 

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

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

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

14 Authority, the territory controlled by the Palestinian Au15 thority should be deemed to be in use as a sanctuary for 

16 terrorists or terrorist organizations for purposes of section 

17 6(j)(5) of the Export Administration Act of 1979 (50 U.S.C. 

18 App. 2405(j)(5)) and section 140 of the Foreign Relations 

19 Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 

20 2656f). 

21 SEC. 6. DENIAL OF VISAS FOR OFFICIALS OF THE PALES22 TINIAN AUTHORITY. 

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

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

25 a representative of the Palestinian Authority during any 


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1 period for which a certification described in section 620K(b) 

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

3 2(b)(2) of this Act) is not in effect with respect to the Pales4 tinian Authority. 

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

6 (1) if the President determines and certifies to 

7 the appropriate congressional committees, on a case8 by-case basis, that the issuance of a visa to an alien 

9 described in such subsection is important to the na10 tional security interests of the United States; or 

11 (2) with respect to visas issued in connection 

12 with United States obligations under the Act of Au13 gust 4, 1947 (61 Stat. 756) (commonly known as the 

14 ‘‘United Nations Headquarters Agreement Act’’). 

15 SEC. 7. TRAVEL RESTRICTIONS ON OFFICIALS AND REP16 RESENTATIVES OF THE PALESTINIAN AU17 THORITY AND THE PALESTINE LIBERATION 

18 ORGANIZATION STATIONED AT THE UNITED 

19 NATIONS IN NEW YORK CITY. 

20 The President shall restrict the travel of officials and 

21 representatives of the Palestinian Authority and of the Pal22 estine Liberation Organization who are stationed at the 

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

24 the United Nations headquarters building during any pe25 riod for which a certification described in section 620K(b) 


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

2 2(b)(2) of this Act) is not in effect with respect to the Pales3 tinian Authority. 

4 SEC. 8. PROHIBITION ON PALESTINIAN AUTHORITY REP5 RESENTATION IN THE UNITED STATES. 

6 (a) PROHIBITION.—Notwithstanding any other provi7 sion of law, it shall be unlawful to establish or maintain 

8 an office, headquarters, premises, or other facilities or estab9 lishments within the jurisdiction of the United States at 

10 the behest or direction of, or with funds provided by, the 

11 Palestinian Authority or the Palestine Liberation Organi12 zation during any period for which a certification described 

13 in section 620K(b) of the Foreign Assistance Act of 1961 

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

15 with respect to the Palestinian Authority. 

16 (b) ENFORCEMENT.— 

17 (1) ATTORNEY GENERAL.—The Attorney General 

18 shall take the necessary steps and institute the nec19 essary legal action to effectuate the policies and provi20 sions of subsection (a). 

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

22 States for a district in which a violation of subsection 

23 (a) occurs shall have authority, upon petition of relief 

24 by the Attorney General, to grant injunctive and such 


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1 other equitable relief as it shall deem necessary to en2 force the provisions of subsection (a). 

3 (c) WAIVER.— 

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

5 application of subsection (a) for a period of 180 days 

6 if the President determines and certifies to the appro7 priate congressional committees that such waiver is 

8 vital to the national security interests of the United 

9 States and provides an explanation of how the failure 

10 to waive the application of subsection (a) would be 

11 inconsistent with the vital national security interests 

12 of the United States. 

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

14 waiver described in paragraph (1) for successive 180- 

15 day periods if the President makes the determination 

16 and certification described in such paragraph for each 

17 such period. 

18 SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS. 

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

20 of the United States that the United States Executive Direc21 tor at each international financial institution shall use the 

22 voice, vote, and influence of the United States to prohibit 

23 assistance to the Palestinian Authority during any period 

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

25 Foreign Assistance of 1961 (as added by section 2(b)(2) of 


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1 this Act) is not in effect with respect to the Palestinian Au2 thority. 

3 (b) DEFINITION.—In this section, the term ‘‘inter4 national financial institution’’ has the meaning given the 

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

6 Institutions Act. 

7 SEC. 10. DIPLOMATIC CONTACTS WITH PALESTINIAN TER8 ROR ORGANIZATIONS. 

9 It shall be the policy of the United States that no offi10 cer or employee of the United States Government shall nego11 tiate or have substantive contacts with members or official 

12 representatives of Hamas, Palestinian Islamic Jihad, the 

13 Popular Front for the Liberation of Palestine, al-Aqsa Mar14 tyrs Brigade, or any other Palestinian terrorist organiza15 tion, unless and until such organization— 

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

17 (2) renounces the use of terrorism; 

18 (3) dismantles the infrastructure necessary to 

19 carry out terrorist acts, including the disarming of 

20 militias and the elimination of all instruments of ter21 ror; and 

22 (4) recognizes and accepts all previous agree23 ments and understandings between the State of Israel 

24 and the Palestine Liberation Organization and the 

25 Palestinian Authority. 


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1 SEC. 11. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional commit5 tees’’ means— 

6 (A) the Committee on International Rela7 tions and the Committee on Appropriations of 

8 the House of Representatives; and 

9 (B) the Committee on Foreign Relations 

10 and the Committee on Appropriations of the 

11 Senate. 

12 (2) PALESTINIAN AUTHORITY.—The term ‘‘Pales13 tinian Authority’’ has the meaning given the term in 

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

15 1961 (as added by section 2(b)(2) of this Act). 

16 SEC. 1. SHORT TITLE. 

17 This Act may be cited as the ‘‘Palestinian 

18 Anti-Terrorism Act of 2006’’. 

19 SEC. 2. LIMITATION ON ASSISTANCE TO THE PALESTINIAN 

20 AUTHORITY. 

21 (a) DECLARATION OF POLICY.—It shall be 

22 the policy of the United States— 

23 (1) to support a peaceful, two-state so24 lution to end the conflict between Israel 

25 and the Palestinians in accordance with 

26 the Performance-Based Roadmap to a 


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1 Permanent Two-State Solution to the 

2 Israeli-Palestinian Conflict (commonly re3 ferred to as the ‘‘Roadmap’’); 

4 (2) to oppose those organizations, in5 dividuals, and countries that support ter6 rorism and violence; 

7 (3) to urge members of the inter8 national community to avoid contact 

9 with and refrain from financially sup10 porting the terrorist organization Hamas 

11 or a Hamas-controlled Palestinian Au12 thority until Hamas agrees to recognize 

13 Israel, renounce violence, disarm, and ac14 cept prior agreements, including the 

15 Roadmap; 

16 (4) to promote the emergence of a 

17 democratic Palestinian governing author18 ity that—

19 (A) denounces and combats ter20 rorism; 

21 (B) has agreed to and is taking ac22 tion to disarm and dismantle any ter23 rorist agency, network, or facility; 

24 (C) has agreed to work to elimi25 nate anti-Israel and anti-Semitic inVerDate Aug 31 2005 04:08 May 16, 2006 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6202 E:\BILLS\H4681.RH H4681

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1 citement and the commemoration of 

2 terrorists in Palestinian society; 

3 (D) has agreed to respect the sov4 ereignty of its neighbors; 

5 (E) acknowledges, respects, and 

6 upholds the human rights of all peo7 ple; 

8 (F) implements the rule of law, 

9 good governance, and democratic 

10 practices, including conducting free, 

11 fair, and transparent elections in 

12 compliance with international stand13 ards; 

14 (G) ensures institutional and fi15 nancial transparency and account16 ability; and 

17 (H) has agreed to recognize the 

18 State of Israel as an independent, sov19 ereign, Jewish, democratic state; and 

20 (5) to continue to support assistance 

21 to the Palestinian people. 

22 (b) AMENDMENTS.—Chapter 1 of part III of 

23 the Foreign Assistance Act of 1961 (22 U.S.C. 

24 2351 et seq.) is amended—


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1 (1) by redesignating the second sec2 tion 620G (as added by section 149 of 

3 Public Law 104–164 (110 Stat. 1436)) as 

4 section 620J; and 

5 (2) by adding at the end the following 

6 new section: 

7 ‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALES8 TINIAN AUTHORITY. 

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

10 subsection (e), assistance may be provided 

11 under this Act to the Palestinian Authority 

12 only during a period for which a certification 

13 described in subsection (b) is in effect. 

14 ‘‘(b) CERTIFICATION.—A certification de15 scribed in this subsection is a certification 

16 transmitted by the President to Congress that 

17 contains a determination of the President 

18 that—

19 ‘‘(1) no ministry, agency, or instru20 mentality of the Palestinian Authority is 

21 controlled by a foreign terrorist organiza22 tion and no member of a foreign terrorist 

23 organization serves in a senior policy 

24 making position in a ministry, agency, or 


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•HR 4681 RH 

1 instrumentality of the Palestinian Au2 thority; 

3 ‘‘(2) the Palestinian Authority has—

4 ‘‘(A) publicly acknowledged 

5 Israel’s right to exist as a Jewish 

6 state; and 

7 ‘‘(B) recommitted itself and is ad8 hering to all previous agreements and 

9 understandings by the Palestine Lib10 eration Organization and the Pales11 tinian Authority with the Govern12 ment of the United States, the Gov13 ernment of Israel, and the inter14 national community, including agree15 ments and understandings pursuant 

16 to the Performance-Based Roadmap 

17 to a Permanent Two-State Solution to 

18 the Israeli-Palestinian Conflict (com19 monly referred to as the ‘Roadmap’); 

20 and 

21 ‘‘(3) the Palestinian Authority has 

22 taken effective steps and made demon23 strable progress toward—


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•HR 4681 RH 

1 ‘‘(A) completing the process of 

2 purging from its security services in3 dividuals with ties to terrorism; 

4 ‘‘(B) dismantling all terrorist in5 frastructure, confiscating unauthor6 ized weapons, arresting and bringing 

7 terrorists to justice, destroying unau8 thorized arms factories, thwarting 

9 and preempting terrorist attacks, and 

10 fully cooperating with Israel’s secu11 rity services; 

12 ‘‘(C) halting all anti-Israel incite13 ment in Palestinian Authority-con14 trolled electronic and print media 

15 and in schools, mosques, and other 

16 institutions it controls, and replacing 

17 these materials, including textbooks, 

18 with materials that promote toler19 ance, peace, and coexistence with 

20 Israel; 

21 ‘‘(D) ensuring democracy, the rule 

22 of law, and an independent judiciary, 

23 and adopting other reforms such as 

24 ensuring transparent and account25 able governance; and 


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1 ‘‘(E) ensuring the financial trans2 parency and accountability of all gov3 ernment ministries and operations. 

4 ‘‘(c) RECERTIFICATIONS.—Not later than 90 

5 days after the date on which the President 

6 transmits to Congress an initial certification 

7 under subsection (b), and every six months 

8 thereafter—

9 ‘‘(1) the President shall transmit to 

10 Congress a recertification that the re11 quirements contained in subsection (b) 

12 are continuing to be met; or 

13 ‘‘(2) if the President is unable to make 

14 such a recertification, the President shall 

15 transmit to Congress a report that con16 tains the reasons therefor. 

17 ‘‘(d) CONGRESSIONAL NOTIFICATION.—Assist18 ance made available under this Act to the Pal19 estinian Authority may not be provided until 

20 15 days after the date on which the President 

21 has provided notice thereof to the Committee 

22 on International Relations and the Committee 

23 on Appropriations of the House of Represent24 atives and to the Committee on Foreign Rela25 tions and the Committee on Appropriations of 


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1 the Senate in accordance with the procedures 

2 applicable to reprogramming notifications 

3 under section 634A(a) of this Act. 

4 ‘‘(e) EXCEPTIONS.—

5 ‘‘(1) IN GENERAL.—Subsection (a) shall 

6 not apply with respect to the following: 

7 ‘‘(A) ASSISTANCE TO INDEPENDENT

8 ELECTIONS COMMISSIONS.—Assistance 

9 to any Palestinian independent elec10 tion commission if the President 

11 transmits to Congress a certification 

12 that contains a determination of the 

13 President that—

14 ‘‘(i) no member of such com15 mission is a member of, affiliated 

16 with, or appointed by a foreign 

17 terrorist organization; and 

18 ‘‘(ii) each member of such 

19 commission is independent of the 

20 influence of any political party or 

21 movement. 

22 ‘‘(B) ASSISTANCE TO SUPPORT THE

23 MIDDLE EAST PEACE PROCESS.—Assist24 ance to the Office of the President of 

25 the Palestinian Authority for non-seVerDate Aug 31 2005 04:08 May 16, 2006 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6202 E:\BILLS\H4681.RH H4681

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•HR 4681 RH 

1 curity expenses directly related to fa2 cilitating a peaceful resolution of the 

3 Israeli-Palestinian conflict or for the 

4 personal security detail of the Presi5 dent of the Palestinian Authority if 

6 the President transmits to Congress a 

7 certification that contains a deter8 mination of the President that—

9 ‘‘(i) such assistance is critical 

10 to facilitating a peaceful resolu11 tion of the Israeli-Palestinian con12 flict; 

13 ‘‘(ii) the President of the Pal14 estinian Authority is not a mem15 ber of or affiliated with a foreign 

16 terrorist organization and has re17 jected the use of terrorism to re18 solve the Israeli-Palestinian con19 flict; 

20 ‘‘(iii) such assistance will not 

21 be used to provide funds to any 

22 individual who is a member of or 

23 affiliated with a foreign terrorist 

24 organization or who has not re25 jected the use of terrorism to reVerDate Aug 31 2005 04:08 May 16, 2006 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6202 E:\BILLS\H4681.RH H4681

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1 solve the Israeli-Palestinian con2 flict; and 

3 ‘‘(iv) such assistance will not 

4 be retransferred to any other en5 tity within or outside of the Pal6 estinian Authority except as pay7 ment for legal goods or services 

8 rendered. 

9 ‘‘(2) ADDITIONAL REQUIREMENTS.—As10 sistance described in paragraph (1) may 

11 be provided only if the President—

12 ‘‘(A) determines that the provision 

13 of such assistance is important to the 

14 national security interests of the 

15 United States; and 

16 ‘‘(B) not less than 30 days prior to 

17 the obligation of amounts for the pro18 vision of such assistance—

19 ‘‘(i) consults with the appro20 priate congressional committees 

21 regarding the specific programs, 

22 projects, and activities to be car23 ried out using such assistance; 

24 and 


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1 ‘‘(ii) submits to the appro2 priate congressional committees a 

3 written memorandum that con4 tains the determination of the 

5 President under subparagraph 

6 (A). 

7 ‘‘(3) DEFINITION.—In this subsection, 

8 the term ‘appropriate congressional com9 mittees’ means—

10 ‘‘(A) the Committee on Inter11 national Relations and the Committee 

12 on Appropriations of the House of 

13 Representatives; and 

14 ‘‘(B) the Committee on Foreign 

15 Relations and the Committee on Ap16 propriations of the Senate. 

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

18 ‘‘(1) FOREIGN TERRORIST ORGANIZA19 TION.—The term ‘foreign terrorist organi20 zation’ means an organization designated 

21 as a foreign terrorist organization by the 

22 Secretary of State in accordance with 

23 section 219(a) of the Immigration and Na24 tionality Act (8 U.S.C. 1189(a)). 


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1 ‘‘(2) PALESTINIAN AUTHORITY.—The 

2 term ‘Palestinian Authority’ means the 

3 interim Palestinian administrative orga4 nization that governs part of the West 

5 Bank and all of the Gaza Strip (or any 

6 successor Palestinian governing entity), 

7 including the Palestinian Legislative 

8 Council.’’. 

9 (c) APPLICABILITY TO UNEXPENDED FUNDS.—

10 Section 620K of the Foreign Assistance Act of 

11 1961, as added by subsection (b), applies with 

12 respect to unexpended funds obligated for as13 sistance under the Foreign Assistance Act of 

14 1961 to the Palestinian Authority before the 

15 date of the enactment of this Act. 

16 (d) REPORT BY COMPTROLLER GENERAL.—

17 Not later than 180 days after the date of the 

18 enactment of this Act, the Comptroller Gen19 eral of the United States shall submit to the 

20 appropriate congressional committees a re21 port that contains a review of the proposed 

22 procedures by which United States assistance 

23 to the Palestinian Authority under the For24 eign Assistance Act of 1961 will be audited by 

25 the Department of State, the United States 


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•HR 4681 RH 

1 Agency for International Development, and 

2 all other relevant departments and agencies 

3 of the Government of the United States and 

4 any recommendations for improvement of 

5 such procedures. 

6 (e) SENSE OF CONGRESS.—It is the sense of 

7 Congress that the President should be guided 

8 by the principles and procedures described in 

9 section 620K of the Foreign Assistance Act of 

10 1961, as added by subsection (b), in providing 

11 direct assistance to the Palestinian Authority 

12 under any provision of law other than the 

13 Foreign Assistance 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 

17 the Foreign Assistance Act of 1961 (22 U.S.C. 

18 2351 et seq.), as amended by section 2(b)(2) of 

19 this Act, is further amended by adding at the 

20 end the following new section: 

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

22 BANK AND GAZA. 

23 ‘‘(a) LIMITATION.—Except as provided in 

24 subsection (d), assistance may be provided 

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1 tions for the West Bank and Gaza only during 

2 a period for which a certification described in 

3 section 620K(b) of this Act is in effect with re4 spect to the Palestinian Authority. 

5 ‘‘(b) MARKING REQUIREMENT.—Assistance 

6 provided under this Act to nongovernmental 

7 organizations for the West Bank and Gaza 

8 shall be marked as assistance from the Gov9 ernment of the United States unless the Sec10 retary of State or the Administrator of the 

11 United States Agency for International Devel12 opment determines that such marking will en13 danger the lives or safety of persons deliv14 ering or receiving such assistance or would 

15 have a material adverse effect on the imple16 mentation of such assistance. 

17 ‘‘(c) CONGRESSIONAL NOTIFICATION.—Assist18 ance made available under this Act to non19 governmental organizations for the West 

20 Bank and Gaza may not be provided until 15 

21 days after the date on which the President 

22 has provided notice thereof to the Committee 

23 on International Relations and the Committee 

24 on Appropriations of the House of Represent25 atives and to the Committee on Foreign RelaVerDate Aug 31 2005 04:08 May 16, 2006 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6202 E:\BILLS\H4681.RH H4681

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•HR 4681 RH 

1 tions and the Committee on Appropriations of 

2 the Senate in accordance with the procedures 

3 applicable to reprogramming notifications 

4 under section 634A(a) of this Act. 

5 ‘‘(d) EXCEPTIONS.—Subsection (a) shall not 

6 apply with respect to the following: 

7 ‘‘(1) ASSISTANCE TO MEET BASIC HUMAN

8 HEALTH NEEDS.—The provision of food, 

9 water, medicine, sanitation services, or 

10 other assistance to directly meet basic 

11 human health needs. 

12 ‘‘(2) OTHER TYPES OF ASSISTANCE.—The 

13 provision of any other type of assistance 

14 if the President—

15 ‘‘(A) determines that the provision 

16 of such assistance will further the na17 tional security interests of the United 

18 States; and 

19 ‘‘(B) not less than 25 days prior to 

20 the obligation of amounts for the pro21 vision of such assistance—

22 ‘‘(i) consults with the appro23 priate congressional committees 

24 regarding the specific programs, 

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•HR 4681 RH 

1 ried out using such assistance; 

2 and 

3 ‘‘(ii) submits to the appro4 priate congressional committees a 

5 written memorandum that con6 tains the determination of the 

7 President under subparagraph 

8 (A) and an explanation of how 

9 failure to provide the proposed 

10 assistance would be inconsistent 

11 with furthering the national secu12 rity interests of the United States. 

13 ‘‘(3) DEFINITION.—In this subsection, 

14 the term ‘appropriate congressional com15 mittees’ means—

16 ‘‘(A) the Committee on Inter17 national Relations and the Committee 

18 on Appropriations of the House of 

19 Representatives; and 

20 ‘‘(B) the Committee on Foreign 

21 Relations and the Committee on Ap22 propriations of the Senate.’’. 

23 (b) OVERSIGHT AND RELATED REQUIRE24 MENTS.—


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

2 years 2007 and 2008, the Secretary of 

3 State shall certify to the appropriate con4 gressional committees not later than 30 

5 days prior to the initial obligation of 

6 amounts for assistance to nongovern7 mental organizations for the West Bank 

8 or Gaza under the Foreign Assistance Act 

9 of 1961 that procedures have been estab10 lished to ensure that the Comptroller 

11 General of the United States will have ac12 cess to appropriate United States finan13 cial information in order to review the 

14 use of such assistance. 

15 (2) VETTING.—Prior to any obligation 

16 of amounts for assistance to nongovern17 mental organizations for the West Bank 

18 or Gaza under the Foreign Assistance Act 

19 of 1961, the Secretary of State shall take 

20 all appropriate steps to ensure that such 

21 assistance is not provided to or through 

22 any individual or entity that the Sec23 retary knows, or has reason to believe, 

24 advocates, plans, sponsors, engages in, or 

25 has engaged in, terrorist activity. The 


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•HR 4681 RH 

1 Secretary shall, as appropriate, establish 

2 procedures specifying the steps to be 

3 taken in carrying out this paragraph and 

4 shall terminate assistance to any indi5 vidual or entity that the Secretary has 

6 determined advocates, plans, sponsors, or 

7 engages in terrorist activity. 

8 (3) PROHIBITION.—No amounts made 

9 available for any fiscal year for assist10 ance to nongovernmental organizations 

11 for the West Bank or Gaza under the For12 eign Assistance Act of 1961 may be made 

13 available for the purpose of recognizing 

14 or otherwise honoring individuals or the 

15 families of individuals who commit, or 

16 have committed, acts of terrorism. 

17 (4) AUDITS.—

18 (A) IN GENERAL.—The Adminis19 trator of the United States Agency for 

20 International Development shall en21 sure that independent audits of all 

22 contractors and grantees, and signifi23 cant subcontractors and subgrantees, 

24 that receive amounts for assistance to 

25 nongovernmental organizations for 


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•HR 4681 RH 

1 the West Bank or Gaza under the For2 eign Assistance Act of 1961 are con3 ducted to ensure, among other things, 

4 compliance with this subsection. 

5 (B) AUDITS BY INSPECTOR GENERAL

6 OF USAID.—Of the amounts available 

7 for any fiscal year for assistance to 

8 nongovernmental organizations for 

9 the West Bank or Gaza under the For10 eign Assistance Act of 1961, up to 

11 $1,000,000 for each such fiscal year 

12 may be used by the Office of the In13 spector General of the United States 

14 Agency for International Develop15 ment for audits, inspections, and 

16 other activities in furtherance of the 

17 requirements of subparagraph (A). 

18 Such amounts are in addition to 

19 amounts otherwise available for such 

20 purposes. 

21 (c) SENSE OF CONGRESS.—It is the sense of 

22 Congress that the President should be guided 

23 by the principles and procedures described in 

24 section 620L of the Foreign Assistance Act of 

25 1961, as added by subsection (a), in providing 


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•HR 4681 RH 

1 assistance to nongovernmental organizations 

2 for the West Bank and Gaza under any provi3 sion of law other than the Foreign Assistance 

4 Act of 1961. 

5 SEC. 4. UNITED NATIONS AGENCIES AND PROGRAMS. 

6 (a) REVIEW AND REPORT.—

7 (1) IN GENERAL.—Not later than 60 

8 days after the date of the enactment of 

9 this Act, the President shall—

10 (A) conduct an audit of the func11 tions of the entities specified in para12 graph (2); and 

13 (B) transmit to the appropriate 

14 congressional committees a report 

15 containing recommendations for the 

16 elimination of such entities and ef17 forts that are duplicative or fail to en18 sure balance in the approach of the 

19 United Nations to Israeli-Palestinian 

20 issues. 

21 (2) ENTITIES SPECIFIED.—The entities 

22 referred to in paragraph (1) are the fol23 lowing: 

24 (A) The United Nations Division 

25 for Palestinian Rights. 


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•HR 4681 RH 

1 (B) The Committee on the Exer2 cise of the Inalienable Rights of the 

3 Palestinian People. 

4 (C) The United Nations Special 

5 Coordinator for the Middle East 

6 Peace Process and Personal Rep7 resentative to the Palestine Libera8 tion Organization and the Palestinian 

9 Authority. 

10 (D) The NGO Network on the 

11 Question of Palestine. 

12 (E) The Special Committee to In13 vestigate Israeli Practices Affecting 

14 the Human Rights of the Palestinian 

15 People and Other Arabs of the Occu16 pied Territories. 

17 (F) Any other entity the Secretary 

18 determines results in duplicative ef19 forts or funding or fails to ensure bal20 ance in the approach to Israeli-Pales21 tinian issues. 

22 (b) IMPLEMENTATION OF RECOMMENDATIONS

23 BY PERMANENT REPRESENTATIVE.—

24 (1) IN GENERAL.—The United States 

25 Permanent Representative to the United 


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1 Nations shall use the voice, vote, and in2 fluence of the United States at the United 

3 Nations to seek the implementation of 

4 the recommendations contained in the re5 port required under subsection (a)(1)(B). 

6 (2) WITHHOLDING OF FUNDS.—Until 

7 such recommendations have been imple8 mented, the Secretary of State is author9 ized to withhold from United States con10 tributions to the regular assessed budget 

11 of the United Nations for a biennial pe12 riod amounts that are proportional to the 

13 percentage of such budget that are ex14 pended for such entities. 

15 (c) GAO AUDIT.—The Comptroller General 

16 shall conduct an audit of the status of the im17 plementation of the recommendations con18 tained in the report required under sub19 section (a)(1)(B). 

20 (d) WITHHOLDING OF FUNDS WITH RESPECT

21 TO THE PALESTINIAN AUTHORITY.—The Sec22 retary of State is authorized to withhold from 

23 United States contributions to the regular as24 sessed budget of the United Nations for a bi25 ennial period amounts that are proportional 


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1 to the percentage of such budget that are ex2 pended for any United Nations affiliated or 

3 specialized agency that provides assistance 

4 directly to the Palestinian Authority during 

5 any period for which a certification described 

6 in section 620K(b) of the Foreign Assistance 

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

8 Act) is not in effect with respect to the Pales9 tinian Authority. 

10 SEC. 5. DESIGNATION OF TERRITORY CONTROLLED BY THE 

11 PALESTINIAN AUTHORITY AS TERRORIST 

12 SANCTUARY. 

13 It is the sense of Congress that, during 

14 any period for which a certification described 

15 in section 620K(b) of the Foreign Assistance 

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

17 Act) is not in effect with respect to the Pales18 tinian Authority, the territory controlled by 

19 the Palestinian Authority should be deemed 

20 to be in use as a sanctuary for terrorists or 

21 terrorist organizations for purposes of section 

22 6(j)(5) of the Export Administration Act of 

23 1979 (50 U.S.C. App. 2405(j)(5)) and section 140 

24 of the Foreign Relations Authorization Act, 

25 Fiscal Years 1988 and 1989 (22 U.S.C. 2656f). 


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1 SEC. 6. DENIAL OF VISAS FOR OFFICIALS OF THE PALES2 TINIAN AUTHORITY. 

3 (a) IN GENERAL.—A visa shall not be issued 

4 to any alien who is an official of, affiliated 

5 with, or serving as a representative of the Pal6 estinian Authority during any period for 

7 which a certification described in section 

8 620K(b) of the Foreign Assistance Act of 1961 

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

10 in effect with respect to the Palestinian Au11 thority. 

12 (b) WAIVER.—Subsection (a) shall not 

13 apply—

14 (1) if the President determines and 

15 certifies to the appropriate congressional 

16 committees, on a case-by-case basis, that 

17 the issuance of a visa to an alien de18 scribed in such subsection is important 

19 to the national security interests of the 

20 United States; or 

21 (2) with respect to visas issued in 

22 connection with United States obligations 

23 under the Act of August 4, 1947 (61 Stat. 

24 756) (commonly known as the ‘‘United Na25 tions Headquarters Agreement Act’’). 


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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 The President shall restrict the travel of 

7 officials and representatives of the Pales8 tinian Authority and of the Palestine Libera9 tion Organization who are stationed at the 

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

11 radius of the United Nations headquarters 

12 building during any period for which a cer13 tification described in section 620K(b) of the 

14 Foreign Assistance Act of 1961 (as added by 

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

16 respect to the Palestinian Authority. 

17 SEC. 8. PROHIBITION ON PALESTINIAN AUTHORITY REP18 RESENTATION IN THE UNITED STATES. 

19 (a) PROHIBITION.—Notwithstanding any 

20 other provision of law, it shall be unlawful to 

21 establish or maintain an office, headquarters, 

22 premises, or other facilities or establishments 

23 within the jurisdiction of the United States at 

24 the behest or direction of, or with funds pro25 vided by, the Palestinian Authority or the Pal26 estine Liberation Organization during any peVerDate Aug 31 2005 04:08 May 16, 2006 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6202 E:\BILLS\H4681.RH H4681

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1 riod for which a certification described in sec2 tion 620K(b) of the Foreign Assistance Act of 

3 1961 (as added by section 2(b)(2) of this Act) 

4 is not in effect with respect to the Palestinian 

5 Authority. 

6 (b) ENFORCEMENT.—

7 (1) ATTORNEY GENERAL.—The Attorney 

8 General shall take the necessary steps 

9 and institute the necessary legal action 

10 to effectuate the policies and provisions 

11 of subsection (a), including steps nec12 essary to apply the policies and provi13 sions of subsection (a) to the Permanent 

14 Observer Mission of Palestine to the 

15 United Nations. 

16 (2) RELIEF.—Any district court of the 

17 United States for a district in which a 

18 violation of subsection (a) occurs shall 

19 have authority, upon petition of relief by 

20 the Attorney General, to grant injunctive 

21 and such other equitable relief as it shall 

22 deem necessary to enforce the provisions 

23 of subsection (a). 

24 (c) WAIVER.—


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1 (1) AUTHORITY.—The President may 

2 waive the application of subsection (a) 

3 for a period of 180 days if the President 

4 determines and certifies to the appro5 priate congressional committees that 

6 such waiver is vital to the national secu7 rity interests of the United States and 

8 provides an explanation of how the fail9 ure to waive the application of sub10 section (a) would be inconsistent with the 

11 vital national security interests of the 

12 United States. 

13 (2) RENEWAL.—The President may 

14 renew the waiver described in paragraph 

15 (1) for successive 180-day periods if the 

16 President makes the determination and 

17 certification described in such paragraph 

18 for each such period. 

19 SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS. 

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

21 policy of the United States that the United 

22 States Executive Director at each inter23 national financial institution shall use the 

24 voice, vote, and influence of the United States 

25 to prohibit assistance to the Palestinian AuVerDate Aug 31 2005 04:08 May 16, 2006 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6202 E:\BILLS\H4681.RH H4681

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1 thority during any period for which a certifi2 cation described in section 620K(b) of the For3 eign Assistance of 1961 (as added by section 

4 2(b)(2) of this Act) is not in effect with respect 

5 to the Palestinian Authority. 

6 (b) DEFINITION.—In this section, the term 

7 ‘‘international financial institution’’ has the 

8 meaning given the term in section 1701(c)(2) 

9 of the International Financial Institutions 

10 Act. 

11 SEC. 10. DIPLOMATIC CONTACTS WITH PALESTINIAN TER12 ROR ORGANIZATIONS. 

13 It shall be the policy of the United States 

14 that no officer or employee of the United 

15 States Government shall negotiate or have 

16 substantive contacts with members or official 

17 representatives of Hamas, Palestinian Islamic 

18 Jihad, the Popular Front for the Liberation of 

19 Palestine, al-Aqsa Martyrs Brigade, or any 

20 other Palestinian terrorist organization, un21 less and until such organization—

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

23 (2) renounces the use of terrorism; 

24 (3) dismantles the infrastructure nec25 essary to carry out terrorist acts, includVerDate Aug 31 2005 04:08 May 16, 2006 Jkt 049200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6202 E:\BILLS\H4681.RH H4681

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1 ing the disarming of militias and the 

2 elimination of all instruments of terror; 

3 and 

4 (4) recognizes and accepts all pre5 vious agreements and understandings be6 tween the State of Israel and the Pal7 estine Liberation Organization and the 

8 Palestinian Authority. 

9 SEC. 11. DEFINITIONS. 

10 In this Act: 

11 (1) APPROPRIATE CONGRESSIONAL COM12 MITTEES.—The term ‘‘appropriate congres13 sional committees’’ means—

14 (A) the Committee on Inter15 national Relations and the Committee 

16 on Appropriations of the House of 

17 Representatives; and 

18 (B) the Committee on Foreign Re19 lations and the Committee on Appro20 priations of the Senate. 

21 (2) PALESTINIAN AUTHORITY.—The term 

22 ‘‘Palestinian Authority’’ has the meaning 

23 given the term in section 620K(e)(2) of 

24 the Foreign Assistance Act of 1961 (as 

25 added by section 2(b)(2) of this Act). 


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Union Calendar No. 258 

109TH CONGRESS 

2D SESSION H. R. 4681 

[Report No. 109

–462, Parts I and II] 

A BILL 

To promote the development of democratic instituposes. the Palestinian Authority, and for other pur- tions in areas under the administrative control of 

MAY 15, 2006 

Reported from the Committee on the Judiciary with an 

amendment 

MAY 15, 2006 

Committee on Financial Services discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


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