Palestinian Anti-Terrorism Act of 2006
PL 109-446 (S.2370), enacted 12/21/2006

120 STAT. 3318
PUBLIC LAW 109–446—DEC. 21, 2006
Public Law 109–446
109th Congress
An Act
To promote the development of democratic institutions in areas under the adminis-
trative control of the Palestinian Authority, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Palestinian Anti-Terrorism Act
of 2006’’.
SEC. 
2. 
LIMITATION 
ON 
ASSISTANCE 
TO 
THE 
PALESTINIAN
AUTHORITY.
(a) DECLARATION
OF POLICY.—It shall be the policy of the
United States—
(1) to support a peaceful, two-state solution to end the
conflict between Israel and the Palestinians in accordance with
the Performance-Based Roadmap to a Permanent Two-State
Solution to the Israeli-Palestinian Conflict (commonly referred
to as the ‘‘Roadmap’’);
(2) to oppose those organizations, individuals, and countries
that support terrorism and violently reject a two-state solution
to end the Israeli-Palestinian conflict;
(3) to promote the rule of law, democracy, the cessation
of terrorism and incitement, and good governance in institutions
and territories controlled by the Palestinian Authority; and
(4) to urge members of the international community to
avoid contact with and refrain from supporting the terrorist
organization Hamas until it agrees to recognize Israel, renounce
violence, disarm, and accept prior agreements, including the
Roadmap.
(b) AMENDMENTS.—Chapter 1 of part III of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2351 et seq.) is amended—
(1) by redesignating the second section 620G (as added
by section 149 of Public Law 104–164 (110 Stat. 1436)) as
section 620J; and
(2) by adding at the end the following new section:
‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALESTINIAN
AUTHORITY.
‘‘(a) LIMITATION.—Assistance may be provided under this Act
to the Hamas-controlled Palestinian Authority only during a period
for which a certification described in subsection (b) is in effect.
‘‘(b) CERTIFICATION.—A certification described in subsection (a)
is a certification transmitted by the President to Congress that
contains a determination of the President that—
President.
22 USC 2378b.
22 USC 2378a.
22 USC 2378b
note.
22 USC 2378b
note.
Palestinian Anti-
Terrorism Act of
2006.
Dec. 21, 2006
[S. 2370]
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120 STAT. 3319
PUBLIC LAW 109–446—DEC. 21, 2006
‘‘(1) no ministry, agency, or instrumentality of the Pales-
tinian Authority is effectively controlled by Hamas, unless the
Hamas-controlled Palestinian Authority has—
‘‘(A) publicly acknowledged the Jewish state of Israel’s
right to exist; and
‘‘(B) committed itself and is adhering to all previous
agreements and understandings with the United States
Government, with the Government of Israel, and with the
international community, including agreements and under-
standings pursuant to the Performance-Based Roadmap
to a Permanent Two-State Solution to the Israeli-Pales-
tinian Conflict (commonly referred to as the ‘Roadmap’);
and
‘‘(2) the Hamas-controlled Palestinian Authority has made
demonstrable progress toward—
‘‘(A) completing the process of purging from its security
services individuals with ties to terrorism;
‘‘(B) dismantling all terrorist infrastructure within its
jurisdiction, confiscating unauthorized weapons, arresting
and bringing terrorists to justice, destroying unauthorized
arms factories, thwarting and preempting terrorist attacks,
and fully cooperating with Israel’s security services;
‘‘(C) halting all anti-American and anti-Israel incite-
ment in Palestinian Authority-controlled electronic and
print media and in schools, mosques, and other institutions
it controls, and replacing educational materials, including
textbooks, with materials that promote peace, tolerance,
and coexistence with Israel;
‘‘(D) ensuring democracy, the rule of law, and an inde-
pendent judiciary, and adopting other reforms such as
ensuring transparent and accountable governance; and
‘‘(E) ensuring the financial transparency and account-
ability of all government ministries and operations.
‘‘(c) RECERTIFICATIONS.—Not later than 90 days after the date
on which the President transmits to Congress an initial certification
under subsection (b), and every six months thereafter—
‘‘(1) the President shall transmit to Congress a recertifi-
cation that the conditions described in subsection (b) are con-
tinuing to be met; or
‘‘(2) if the President is unable to make such a recertification,
the President shall transmit to Congress a report that contains
the reasons therefor.
‘‘(d) CONGRESSIONAL NOTIFICATION.—Assistance made available
under this Act to the Palestinian Authority may not be provided
until 15 days after the date on which the President has provided
notice thereof to the appropriate congressional committees in accord-
ance with the procedures applicable to reprogramming notifications
under section 634A(a) of this Act.
‘‘(e) NATIONAL SECURITY WAIVER.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the President
may waive subsection (a) with respect to—
‘‘(A) the administrative and personal security costs of
the Office of the President of the Palestinian Authority;
‘‘(B) the activities of the President of the Palestinian
Authority to fulfill his or her duties as President, including
to maintain control of the management and security of
Effective date.
Reports.
Deadlines.
President.
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120 STAT. 3320
PUBLIC LAW 109–446—DEC. 21, 2006
border crossings, to foster the Middle East peace process,
and to promote democracy and the rule of law; and
‘‘(C) assistance for the judiciary branch of the Pales-
tinian Authority and other entities.
‘‘(2) CERTIFICATION.—The President may only exercise the
waiver authority under paragraph (1) after—
‘‘(A) consulting with, and submitting a written policy
justification to, the appropriate congressional committees;
and
‘‘(B) certifying to the appropriate congressional commit-
tees that—
‘‘(i) it is in the national security interest of the
United States to provide assistance otherwise prohib-
ited under subsection (a); and
‘‘(ii) the individual or entity for which assistance
is proposed to be provided is not a member of, or
effectively controlled by (as the case may be), Hamas
or any other foreign terrorist organization.
‘‘(3) REPORT.—Not later than 10 days after exercising the
waiver authority under paragraph (1), the President shall
submit to the appropriate congressional committees a report
describing how the funds provided pursuant to such waiver
will be spent and detailing the accounting procedures that
are in place to ensure proper oversight and accountability.
‘‘(4) TREATMENT OF CERTIFICATION AS NOTIFICATION OF PRO-
GRAM CHANGE.—For purposes of this subsection, the certifi-
cation required under paragraph (2)(B) shall be deemed to
be a notification under section 634A and shall be considered
in accordance with the procedures applicable to notifications
submitted pursuant to that section.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means—
‘‘(A) the Committee on International Relations and the
Committee on Appropriations of the House of Representa-
tives; and
‘‘(B) the Committee on Foreign Relations and the Com-
mittee on Appropriations of the Senate.
‘‘(2) FOREIGN TERRORIST ORGANIZATION.—The term ‘foreign
terrorist organization’ means an organization designated as
a foreign terrorist organization by the Secretary of State in
accordance with section 219(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1189(a)).
‘‘(3) 
PALESTINIAN
AUTHORITY.—The 
term 
‘Palestinian
Authority’ means the interim Palestinian administrative
organization that governs part of the West Bank and all of
the Gaza Strip (or any successor Palestinian governing entity),
including the Palestinian Legislative Council.’’.
(c) PREVIOUSLY OBLIGATED FUNDS.—The provisions of section
620K of the Foreign Assistance Act of 1961, as added by subsection
(b), shall be applicable to the unexpended balances of funds obli-
gated prior to the date of the enactment of this Act.
SEC. 3. LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA.
(a) AMENDMENT.—Chapter 1 of part III of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2351 et seq.), as amended by section
22 USC 2378b
note.
Applicability.
President.
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120 STAT. 3321
PUBLIC LAW 109–446—DEC. 21, 2006
2(b)(2), is further amended by adding at the end the following
new section:
‘‘SEC. 620L. LIMITATION ON ASSISTANCE FOR THE WEST BANK AND
GAZA.
‘‘(a) LIMITATION.—Assistance may be provided under this Act
to nongovernmental organizations for the West Bank and Gaza
only during a period for which a certification described in section
620K(b) is in effect with respect to the Palestinian Authority.
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply with respect
to the following:
‘‘(1) ASSISTANCE TO MEET BASIC HUMAN NEEDS.—Assistance
to meet food, water, medicine, health, or sanitation needs,
or other assistance to meet basic human needs.
‘‘(2) ASSISTANCE TO PROMOTE DEMOCRACY.—Assistance to
promote democracy, human rights, freedom of the press, non-
violence, reconciliation, and peaceful coexistence, provided that
such assistance does not directly benefit Hamas or any other
foreign terrorist organization.
‘‘(3) ASSISTANCE FOR INDIVIDUAL MEMBERS OF THE PALES-
TINIAN LEGISLATIVE COUNCIL.—Assistance, other than funding
of salaries or salary supplements, to individual members of
the Palestinian Legislative Council who the President deter-
mines are not members of Hamas or any other foreign terrorist
organization, for the purposes of facilitating the attendance
of such members in programs for the development of institu-
tions of democratic governance, including enhancing the trans-
parent and accountable operations of such institutions, and
providing support for the Middle East peace process.
‘‘(4) OTHER TYPES OF ASSISTANCE.—Any other type of assist-
ance if the President—
‘‘(A) determines that the provision of such assistance
is in the national security interest of the United States;
and
‘‘(B) not less than 30 days prior to the obligation of
amounts for the provision of such assistance—
‘‘(i) consults with the appropriate congressional
committees regarding the specific programs, projects,
and activities to be carried out using such assistance;
and
‘‘(ii) submits to the appropriate congressional
committees a written memorandum that contains the
determination of the President under subparagraph
(A).
‘‘(c) MARKING REQUIREMENT.—Assistance provided under this
Act to nongovernmental organizations for the West Bank and Gaza
shall be marked as assistance from the American people or the
United States Government unless the Secretary of State or, as
appropriate, the Administrator of the United States Agency for
International Development, determines that such marking will
endanger the lives or safety of persons delivering such assistance
or would have an adverse effect on the implementation of that
assistance.
‘‘(d) CONGRESSIONAL NOTIFICATION.—Assistance made available
under this Act to nongovernmental organizations for the West Bank
and Gaza may not be provided until 15 days after the date on
which the President has provided notice thereof to the Committee
Effective date.
Deadline.
President.
22 USC 2378c.
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120 STAT. 3322
PUBLIC LAW 109–446—DEC. 21, 2006
on International Relations and the Committee on Appropriations
of the House of Representatives and to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate in
accordance with the procedures applicable to reprogramming
notifications under section 634A(a) of this Act.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—the term
‘appropriate congressional committees’ means—
‘‘(A) the Committee on International Relations and the
Committee on Appropriations of the House of Representa-
tives; and
‘‘(B) the Committee on Foreign Relations and the Com-
mittee on Appropriations of the Senate.
‘‘(2) FOREIGN TERRORIST ORGANIZATION.—The term ‘foreign
terrorist organization’ means an organization designated as
a foreign terrorist organization by the Secretary of State in
accordance with section 219(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1189(a)).’’.
(b) OVERSIGHT AND RELATED REQUIREMENTS.—
(1) OVERSIGHT.—For each of the fiscal years 2007 and
2008, the Secretary of State shall certify to the appropriate
congressional committees not later than 30 days prior to the
initial obligation of amounts for assistance to nongovernmental
organizations for the West Bank or Gaza under the Foreign
Assistance Act of 1961 that procedures have been established
to ensure that the Comptroller General of the United States
will have access to appropriate United States financial informa-
tion in order to review the use of such assistance.
(2) VETTING.—Prior to any obligation of amounts for each
of the fiscal years 2007 and 2008 for assistance to nongovern-
mental organizations for the West Bank or Gaza under the
Foreign Assistance Act of 1961, the Secretary of State shall
take all appropriate steps to ensure that such assistance is
not provided to or through any individual or entity that the
Secretary knows, or has reason to believe, advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity. The
Secretary shall, as appropriate, establish procedures specifying
the steps to be taken in carrying out this paragraph and shall
terminate assistance to any individual or entity that the Sec-
retary has determined advocates, plans, sponsors, or engages
in terrorist activity.
(3) PROHIBITION.—No amounts made available for fiscal
year 2007 or 2008 for assistance to nongovernmental organiza-
tions for the West Bank or Gaza under the Foreign Assistance
Act of 1961 may be made available for the purpose of recog-
nizing or otherwise honoring individuals who commit, or have
committed, acts of terrorism.
(4) AUDITS.—
(A) IN
GENERAL.—The Administrator of the United
States Agency for International Development shall ensure
that Federal or non-Federal audits of all contractors and
grantees, and significant subcontractors and subgrantees,
that receive amounts for assistance to nongovernmental
organizations for the West Bank or Gaza under the Foreign
Assistance Act of 1961 are conducted for each of the fiscal
years 2007 and 2008 to ensure, among other things, compli-
ance with this subsection.
Certification.
Deadline.
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120 STAT. 3323
PUBLIC LAW 109–446—DEC. 21, 2006
(B) AUDITS BY INSPECTOR GENERAL OF USAID.—Of the
amounts available for each of the fiscal years 2007 and
2008 for assistance to nongovernmental organizations for
the West Bank or Gaza under the Foreign Assistance Act
of 1961, up to $1,000,000 for each such fiscal year may
be used by the Office of the Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of subparagraph (A). Such amounts are in
addition to amounts otherwise available for such purposes.
SEC. 4. DESIGNATION OF TERRITORY CONTROLLED BY THE PALES-
TINIAN AUTHORITY AS TERRORIST SANCTUARY.
It is the sense of Congress that, during any period for which
a certification described in section 620K(b) of the Foreign Assistance
Act of 1961 (as added by section 2(b)(2) of this Act) is not in
effect with respect to the Palestinian Authority, the territory con-
trolled by the Palestinian Authority should be deemed to be in
use as a sanctuary for terrorists or terrorist organizations for pur-
poses of section 6(j)(5) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)(5)) and section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f).
SEC. 5. DENIAL OF VISAS FOR OFFICIALS OF THE PALESTINIAN
AUTHORITY.
(a) IN GENERAL.—Except as provided in subsection (b), a visa
should not be issued to any alien who is an official of, under
the control of, or serving as a representative of the Hamas-led
Palestinian Authority during any period for which a certification
described in section 620K(b) of the Foreign Assistance Act of 1961
(as added by section 2(b)(2) of this Act) is not in effect with respect
to the Palestinian Authority.
(b) EXCEPTION.—The restriction under subsection (a) should
not apply to—
(1) the President of the Palestinian Authority and his or
her personal representatives, provided that the President and
his or her personal representatives are not affiliated with
Hamas or any other foreign terrorist organization; and
(2) members of the Palestinian Legislative Council who
are not members of Hamas or any other foreign terrorist
organization.
SEC. 6. TRAVEL RESTRICTIONS ON OFFICIALS AND REPRESENTATIVES
OF THE PALESTINIAN AUTHORITY AND THE PALESTINE
LIBERATION ORGANIZATION STATIONED AT THE UNITED
NATIONS IN NEW YORK CITY.
(a) IN GENERAL.—Notwithstanding any other provision of law,
and except as provided in subsection (b), the President should
restrict the travel of officials and representatives of the Palestinian
Authority and of the Palestine Liberation Organization, who are
stationed at the United Nations in New York City to a 25-mile
radius of the United Nations headquarters building during any
period for which a certification described in section 620K(b) of
the Foreign Assistance Act of 1961 (as added by section 2(b)(2)
of this Act) is not in effect with respect to the Palestinian Authority.
(b) EXCEPTION.—The travel restrictions described in subsection
(a) should not apply to the President of the Palestinian Authority
and his or her personal representatives, provided that the President
22 USC 2378b
note.
22 USC 2378b
note.
22 USC 2378b
note.
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120 STAT. 3324
PUBLIC LAW 109–446—DEC. 21, 2006
and his or her personal representatives are not affiliated with
Hamas or any other foreign terrorist organization.
SEC. 7. PROHIBITION ON PALESTINIAN AUTHORITY REPRESENTATION
IN THE UNITED STATES.
(a) PROHIBITION.—Notwithstanding any other provision of law,
it shall be unlawful to establish or maintain an office, headquarters,
premises, or other facilities or establishments within the jurisdiction
of the United States at the behest or direction of, or with funds
provided by, the Palestinian Authority during any period for which
a certification described in section 620K(b) of the Foreign Assistance
Act of 1961 (as added by section 2(b)(2) of this Act) is not in
effect with respect to the Palestinian Authority.
(b) ENFORCEMENT.—
(1) ATTORNEY GENERAL.—The Attorney General shall take
the necessary steps and institute the necessary legal action
to effectuate the policies and provisions of subsection (a).
(2) RELIEF.—Any district court of the United States for
a district in which a violation of subsection (a) occurs shall
have authority, upon petition of relief by the Attorney General,
to grant injunctive and such other equitable relief as it shall
deem necessary to enforce the provisions of subsection (a).
(c) WAIVER.—Subsection (a) shall not apply if the President
determines and certifies to the appropriate congressional commit-
tees that the establishment or maintenance of an office, head-
quarters, premises, or other facilities is vital to the national security
interests of the United States.
SEC. 8. INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) REQUIREMENT.—The President should direct the United
States Executive Director at each international financial institution
to use the voice, vote, and influence of the United States to prohibit
assistance to the Palestinian Authority (other than assistance
described under subsection (b)) during any period for which a certifi-
cation described in section 620K(b) of the Foreign Assistance of
1961 (as added by section 2(b)(2) of this Act) is not in effect with
respect to the Palestinian Authority.
(b) EXCEPTIONS.—The prohibition on assistance described in
subsection (a) should not apply with respect to the following types
of assistance:
(1) Assistance to meet food, water, medicine, or sanitation
needs, or other assistance to meet basic human needs.
(2) Assistance to promote democracy, human rights,
freedom of the press, non-violence, reconciliation, and peaceful
coexistence, provided that such assistance does not directly
benefit Hamas or other foreign terrorist organizations.
(c) DEFINITION.—In this section, the term ‘‘international finan-
cial institution’’ has the meaning given the term in section 1701(c)(2)
of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)).
SEC. 
9. 
DIPLOMATIC 
CONTACTS 
WITH 
PALESTINIAN 
TERROR
ORGANIZATIONS.
No funds authorized or available to the Department of State
may be used for or by any officer or employee of the United States
Government to negotiate with members or official representatives
of Hamas, Palestinian Islamic Jihad, the Popular Front for the
Liberation of Palestine, al-Aqsa Martyrs Brigade, or any other
22 USC 2378b
note.
22 USC 2378b
note.
22 USC 2378b
note.
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120 STAT. 3325
PUBLIC LAW 109–446—DEC. 21, 2006
Palestinian terrorist organization (except in emergency or humani-
tarian situations), unless and until such organization—
(1) recognizes Israel’s right to exist;
(2) renounces the use of terrorism;
(3) dismantles the infrastructure in areas within its juris-
diction necessary to carry out terrorist acts, including the dis-
arming of militias and the elimination of all instruments of
terror; and
(4) recognizes and accepts all previous agreements and
understandings between the State of Israel and the Palestinian
Authority.
SEC. 10. ISRAELI–PALESTINIAN PEACE, RECONCILIATION AND DEMOC-
RACY FUND.
(a) ESTABLISHMENT OF FUND.—Not later than 60 days after
the date of the enactment of this Act, the Secretary of State shall
establish a fund to be known as the ‘‘Israeli-Palestinian Peace,
Reconciliation and Democracy Fund’’ (in this section referred to
as the ‘‘Fund’’). The purpose of the Fund shall be to support,
primarily, through Palestinian and Israeli organizations, the pro-
motion of democracy, human rights, freedom of the press, and
non-violence among Palestinians, and peaceful coexistence and rec-
onciliation between Israelis and Palestinians.
(b) ANNUAL REPORT.—Not later than 60 days after the date
of the enactment of this Act, and annually thereafter for so long
as the Fund remains in existence, the Secretary of State shall
submit to the appropriate congressional committees a report on
programs sponsored and proposed to be sponsored by the Fund.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of State $20,000,000 for fiscal
year 2007 for purposes of the Fund.
SEC. 11. REPORTING REQUIREMENT.
Not later than 90 days after the date of the enactment of
this Act, and annually thereafter, the Secretary of State shall
submit to the appropriate congressional committees a report that—
(1) describes the steps that have been taken by the United
States Government to ensure that other countries and inter-
national organizations, including multilateral development
banks, do not provide direct assistance to the Palestinian
Authority for any period for which a certification described
in section 620K(b) of the Foreign Assistance Act of 1961 (as
added by section 2(b)(2) of this Act) is not in effect with respect
to the Palestinian Authority; and
(2) identifies any countries and international organizations,
including multilateral development banks, that are providing
direct assistance to the Palestinian Authority during such a
period, and describes the nature and amount of such assistance.
SEC. 12. DEFINITIONS.
In this Act:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on International Relations and the
Committee on Appropriations of the House of Representa-
tives; and
(B) the Committee on Foreign Relations and the Com-
mittee on Appropriations of the Senate.
22 USC 2378b
note.
22 USC 2378b
note.
Deadline.
22 USC 2378b
note.
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120 STAT. 3326
PUBLIC LAW 109–446—DEC. 21, 2006
LEGISLATIVE HISTORY—S. 2370 (H.R. 4681):
HOUSE REPORTS: No. 109–462, Pt. 1 (Comm. on International Relations) and
Pt. 2 (Comm. on the Judiciary), both accompanying H.R. 4681.
CONGRESSIONAL RECORD, Vol. 152 (2006):
June 23, considered and passed Senate.
Dec. 7, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Dec. 21, Presidential statement.
(2) 
PALESTINIAN
AUTHORITY.—The 
term 
‘‘Palestinian
Authority’’ has the meaning given the term in section 620K(e)(2)
of the Foreign Assistance Act of 1961 (as added by section
2(b)(2) of this Act).
Approved December 21, 2006.
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