I 

109TH CONGRESS 

2D SESSION H. R. 4668 

To limit assistance to the Palestinian Authority unless the President certifies 

to Congress that the Palestinian Authority is not controlled by a foreign 

terrorist organization, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 31, 2006 

Mr. FOSSELLA (for himself, Ms. BERKLEY, Mr. CANTOR, Mr. GARRETT of 

New Jersey, Mr. GERLACH, Mr. BROWN of South Carolina, Mrs. JO ANN

DAVIS of Virginia, Mr. SENSENBRENNER, Mr. NORWOOD, Mr. 

HENSARLING, Mr. MCNULTY, Mr. ENGEL, Mr. OTTER, Mr. KLINE, and 

Mr. JONES of North Carolina) introduced the following bill; which was 

referred to the Committee on International Relations 

A BILL 

To limit assistance to the Palestinian Authority unless the 

President certifies to Congress that the Palestinian Authority is not controlled by a foreign terrorist organization, 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 ‘‘Limitation on Assist5 ance to the Palestinian Authority Act of 2006’’. 
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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) In fiscal year 2005, the United States pro4 vided $275 million to the West Bank and Gaza, of 

5 which $50 million was provided directly to the Pales6 tinian Authority. 

7 (2) On January 25, 2006, the militant group 

8 Hamas, an organization designated by the Depart9 ment of State as a foreign terrorist organization, 

10 won parliamentary elections and control of the Pal11 estinian government. 

12 (3) The inclusion of Hamas or any other for13 eign terrorist organization in a Palestinian govern14 ment is an implicit endorsement of anti-American 

15 and anti-Israeli terrorist ideology. 

16 (4) On December 16, 2005, the House of Rep17 resentatives overwhelmingly passed House Resolu18 tion 575, which asserts that ‘‘terrorist organizations, 

19 such as Hamas, should not be permitted to partici20 pate in Palestinian elections until such organizations 

21 recognize Israel’s right to exist as a Jewish state, 

22 cease incitement, condemn terrorism, and perma23 nently disarm and dismantle their terrorist infra24 structure’’. 

25 (5) House Resolution 575 further asserts that 

26 ‘‘the inclusion of Hamas, or any other terrorist 
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1 group on the Department of State’s list of foreign 

2 terrorist organizations, in the Palestinian 

3 Authority’s government will inevitably raise serious 

4 questions for the United States about the commit5 ment of the Palestinian Authority and its leadership 

6 to making peace with Israel and will potentially un7 dermine the ability of the United States to have a 

8 constructive relationship with, or provide further as9 sistance to, the Palestinian Authority’’. 

10 (6) Hamas is a terrorist organization that has 

11 killed more than 500 people since 1989, including 

12 more than two dozen United States citizens. 

13 (7) The United States has clearly stated that 

14 armed militias attached to political parties are in15 compatible with democratic societies. 

16 SEC. 3. DECLARATION OF POLICY. 

17 It shall be the policy of the United States to promote 

18 the emergence of a democratic Palestinian government 

19 that— 

20 (1) denounces and combats terrorism; 

21 (2) is actively working to disarm and dis22 mantle terrorist agencies, networks, and facilities; 

23 (3) is actively working to eliminate terrorist in24 citement and the commemoration of terrorists in 

25 Palestinian society; 
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1 (4) respects the boundaries and sovereignty of 

2 its neighbors;

3 (5) recognizes the existence of Israel and its 

4 right to secure borders; and 

5 (6) acknowledges, respects, and upholds the 

6 human rights of all people. 

7 SEC. 4. LIMITATION ON ASSISTANCE TO THE PALESTINIAN 

8 AUTHORITY. 

9 Chapter 1 of part III of the Foreign Assistance Act 

10 of 1961 (22 U.S.C. 2351 et seq.) is amended— 

11 (1) by redesignating the second section 620G 

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

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

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

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

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

19 under this Act or any other provision of law to the Pales20 tinian Authority only during a period for which a certifi21 cation described in subsection (b) is in effect. 

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

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

25 President that— 
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1 ‘‘(1) the Palestinian Authority is not controlled 

2 by a foreign terrorist organization; and 

3 ‘‘(2) the Palestinian Authority— 

4 ‘‘(A) recognizes the right of Israel to exist; 

5 ‘‘(B) disarms all militias; 

6 ‘‘(C) renounces violence and acts of ter7 rorism against Israel; and 

8 ‘‘(D) takes definitive steps to be an active 

9 and willing participant in peace negotiations 

10 and removes people with ties to terrorist organi11 zations from its security services.

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 6 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 or any other provision of 

24 law to the Palestinian Authority may not be provided until 

25 15 days after the date on which the President has pro-
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1 vided notice thereof to the Committee on International Re2 lations and the Committee on Appropriations of the House 

3 of Representatives and to the Committee on Foreign Rela4 tions and the Committee on Appropriations of the Senate 

5 in accordance with the procedures applicable to re6 programming notifications under section 634A(a) of this 

7 Act. 

8 ‘‘(e) DEFINITIONS.—In this section: 

9 ‘‘(1) FOREIGN TERRORIST ORGANIZATION.— 

10 The term ‘foreign terrorist organization’ means an 

11 organization designated as a foreign terrorist organi12 zation by the Secretary of State in accordance with 

13 section 219(a) of the Immigration and Nationality 

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

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

16 ‘Palestinian Authority’ includes any agency or in17 strumentality of the Palestinian Authority.’’. 

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