[Congressional Record Volume 152, Number 134 (Thursday, December 7, 2006)]
[House]
[Pages H8909-H8914]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 PALESTINIAN ANTI-TERRORISM ACT OF 2006

  Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and pass 
the Senate bill (S. 2370) to promote the development of democratic 
institutions in areas under the administrative control of the 
Palestinian Authority, and for other purposes.
  The Clerk read as follows:

                                S. 2370

       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.

[[Page H8910]]

       (b) Amendments.--Chapter 1 of part III of the Foreign 
     Assistance 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--
       ``(1) no ministry, agency, or instrumentality of the 
     Palestinian 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 
     understandings pursuant to the Performance-Based Roadmap to a 
     Permanent Two-State Solution to the Israeli-Palestinian 
     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 incitement 
     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 
     independent judiciary, and adopting other reforms such as 
     ensuring transparent and accountable governance; and
       ``(E) ensuring the financial transparency and 
     accountability 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 
     recertification that the conditions described in subsection 
     (b) are continuing 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 accordance 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 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 
     Palestinian 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 
     committees that--
       ``(i) it is in the national security interest of the United 
     States to provide assistance otherwise prohibited 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 program 
     change.--For purposes of this subsection, the certification 
     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 Representatives; 
     and
       ``(B) the Committee on Foreign Relations and the Committee 
     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 
     Nationality 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 obligated 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 
     Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as amended 
     by section 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 co-existence, provided 
     that such assistance does not directly benefit Hamas or any 
     other foreign terrorist organization.
       ``(3) Assistance for individual members of the palestinian 
     legislative council.--Assistance, other than funding of 
     salaries or salary supplements, to individual members of the 
     Palestinian Legislative Council who the President determines 
     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 
     institutions of democratic governance, including enhancing 
     the transparent and accountable operations of such 
     institutions, and providing support for the Middle East peace 
     process.
       ``(4) Other types of assistance.--Any other type of 
     assistance 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 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 Representatives; 
     and
       ``(B) the Committee on Foreign Relations and the Committee 
     on Appropriations of the Senate.

[[Page H8911]]

       ``(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 
     Nationality 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 information 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 
     nongovernmental 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 Secretary 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 organizations 
     for the West Bank or Gaza under the Foreign Assistance Act of 
     1961 may be made available for the purpose of recognizing 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, compliance 
     with this subsection.
       (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 
                   PALESTINIAN 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 controlled by the Palestinian 
     Authority should be deemed to be in use as a sanctuary for 
     terrorists or terrorist organizations for purposes 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 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 committees that the establishment or 
     maintenance of an office, headquarters, 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 certification 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 co-
     existence, provided that such assistance does not directly 
     benefit Hamas or other foreign terrorist organizations.
       (c) Definition.--In this section, the term ``international 
     financial 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 Palestinian terrorist 
     organization (except in emergency or humanitarian 
     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 
     jurisdiction necessary to carry out terrorist acts, including 
     the disarming 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 
                   DEMOCRACY 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 promotion of democracy, human 
     rights, freedom of the press, and non-violence among 
     Palestinians, and peaceful coexistence and reconciliation 
     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.

[[Page H8912]]

     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 
     international 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 Representatives; 
     and
       (B) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate.
       (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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Florida (Ms. Ros-Lehtinen) and the gentleman from California (Mr. 
Lantos) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Florida.
  Ms. ROS-LEHTINEN. Mr. Speaker, Senate bill 2370, the Palestinian 
Anti-Terrorism Act of 2006, seeks to prevent U.S. tax dollars from 
reaching the hands of Hamas-controlled Palestinian Authority until 
Hamas agrees to recognize Israel, renounces violence, and agrees to all 
previously made agreements.
  In January of this year, Mr. Speaker, Hamas, a terror organization 
responsible for murdering and injuring hundreds of Israelis and scores 
of American citizens, took control of the Palestinian Authority. This 
was a tremendous blow to the efforts of the United States and to the 
international community that have been working to bring peace and 
security to the region.
  Since Hamas took power, the terror group has made it clear that they 
have no intention of changing their hateful charter which calls for the 
destruction of Israel.
  In fact, rockets launched by Palestinian extremists continue to rain 
upon Israel, and the flow of cash and weapons that are being smuggled 
into Gaza from Egypt is providing the terrorists the means to carry on 
with their destructive agenda.
  The U.S. must isolate the Hamas-led government financially and 
diplomatically through implementing this bill. Among other provisions, 
Mr. Speaker, the Senate version of the bill denies visas to any 
officials of the Hamas-led Palestinian Authority and designates the 
territory controlled under Palestinian Authority as a terrorist 
sanctuary under the 9/11 recommendations.

                              {time}  1215

  Similar provisions were in the House-passed version of the 
Palestinian Anti-Terrorism Act. However, let us focus on what is 
arguably the most important concern for us, the parameters and the 
restrictions relating to assistance to the Palestinian Authority.
  While not ideal, as we would have preferred the House text in this 
regard, the Senate version of the Palestinian Anti-Terrorism Act works 
in tandem with current U.S. law and strengthens components of the 
current policy.
  For example, current U.S. law prohibits direct assistance to the 
Palestinian Authority, but it offers a broad national security waiver, 
and it is applicable only for the duration of the fiscal year 
appropriations. The Senate version of the Palestinian Anti-Terrorism 
Act provides a very limited waiver for:
  ``National Security Waiver: 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 the 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 Palestinian Authority 
and other entities.''
  Some of this is allowed in the House version. However, the President 
may only exercise this authority after, and I am reading directly from 
the bill: ``Consulting with and submitting a written policy 
justification to the appropriate congressional committees and 
certifying to the appropriate congressional committees that it is in 
the national security interest of the United States to provide 
assistance otherwise prohibited under subsection (a); and (ii), the 
individual or entity for which assistance is proposed to provided is 
not a member of or effectively controlled by, as the case may be, Hamas 
or any other foreign terrorist organization.''
  Further, Mr. Speaker, the Senate bill also has a number of reporting 
requirements that further increase congressional authority and 
oversight.
  Essentially, under this language, if the Congress does not believe 
that the threshold has been met, we can place a hold on the proposed 
funding and prevent such assistance from going to any individual or 
entity of the Palestinian Authority that is linked to Hamas or any 
other foreign terrorist organization.
  We must look at the bill in its totality, Mr. Speaker, and the 
safeguards that it places on indirect assistance which coincide with 
many of those appearing in the House bill.
  Further, while the Senate bill does not contain provisions concerning 
the PA and Palestinian-related activities at the United Nations, the 
Senate authors are committed to working with us next Congress to 
address these other components and make such changes as necessary to 
reflect the changing conditions on the ground.
  This bill sends a strong message about the direction of the United 
States policy and provides a strong foundation from which to build on. 
I ask my colleagues to render their full support of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of S. 2370. At the outset, I 
want to pay tribute to my good friend, our distinguished colleague from 
Florida, for her extraordinarily effective leadership on this issue.
  In January of this year, the Palestinian people shocked the world, 
Mr. Speaker, by electing Hamas to run the Palestinian Authority. So for 
nearly a full year we have been living with an extraordinary and 
alarming situation in the Israeli-Palestinian arena, a situation in 
which one party, the Hamas-controlled Palestinian Authority, refuses to 
recognize the very existence of the other party, the State of Israel.
  It is a situation in which no negotiations are possible. It is a 
situation in which the Palestinian leadership has isolated the 
Palestinian people from the international community. Worst of all, it 
is a situation in which the Palestinian Authority is governed by a 
group of assassins and kidnappers who share the vision of the Iranian 
President, Ahmadinejad, that Israel should be wiped off the map.
  If anything, Hamas adheres to this vision more fervently and more 
obsessively than even Ahmadinejad does. In fact, since Hamas took 
office, Iran has stepped up its financial support for Hamas, and the 
monstrous terrorist network of Iran, Syria, Hezbollah and Hamas has 
become ever more intertwined. It is this frightening situation that the 
legislation before us today strives conscientiously to begin to 
address.
  Mr. Speaker, as the ally and long-time unshakeable supporter of the 
democratic State of Israel, we should do everything we can to 
demonstrate the bankruptcy of Hamas' vision and to ensure that Hamas 
remains too weak even to begin to implement its evil vision. The bill 
under consideration will help to do just that.
  This legislation ensures that no U.S. taxpayer money will be used by 
Hamas officials and that the United States will not fund any project 
for which the Hamas-controlled government could

[[Page H8913]]

take any credit. At the same time, it allows for restrictions on aid to 
the Palestinian Authority to be considerably eased if Hamas loses 
control of the government. It also ensures that we can support the 
President of the Palestinian Authority, Mahmoud Abbas, also known as 
Abu Mazen, in a prudent fashion, to advance the cause of peace and the 
prospect of a peacefully negotiated two-state solution. But Abu Mazen's 
hold on the presidency of the Palestinian Authority is the only 
obstacle to Hamas' full control of all the levers of power in 
Palestinian society.
  Mr. Speaker, let me be clear: this bill is the Senate version of 
legislation that this body passed in May 2006. I was the cosponsor of 
that legislation, along with my good friend Congresswoman Ileana Ros-
Lehtinen of Florida.
  Our legislation passed overwhelmingly, and I will frankly acknowledge 
that there are aspects of the legislation we are now considering that 
do not fully satisfy me. I think, for example, that it allows the 
executive branch far too much leeway to aid a government in which Hamas 
has significant participation, perhaps holding posts like foreign 
minister or interior minister, but may be said not to be fully in 
control of that government. For now, that is only a theoretical 
concern, but it will be a real concern if Hamas ever decides to join a 
national unity government along the lines Abu Mazen has been urging.
  I nevertheless believe that this bill, sent to us by the Senate, is 
an appropriate response to our dire concerns about Hamas. It is the 
best we can do for now, and I believe it merits our firm support.
  I also believe it is long past time for the Congress to make a 
legislative response to Hamas' disturbing electoral victory. It sends a 
strong message to Hamas leaders that we reject their murderous ways and 
that we have contempt for their refusal to recognize their neighbor, 
the State of Israel; it clarifies that our support for the Palestinian 
people is conditional on their support for a peaceful two-state 
solution; and it makes clear to the Palestinians that our problem is 
not with them, but with Hamas, both its ideology and its conduct.
  A new government, and in my view that would have to be a government 
without any Hamas participation, can open a new era in relations with 
the United States and with Israel.
  Our goal, Mr. Speaker, is not to punish the Palestinian people. In 
fact, the bill before us allows considerable scope for aid to the 
Palestinian people, including humanitarian assistance and support for 
democratization, which we hope ultimately will lead to Hamas' peaceful 
political demise. I think we would all agree on continuing the U.S. 
tradition of dealing with the humanitarian needs of any people, 
including the Palestinians.
  Our goal is simply to demonstrate to the Palestinians and to their 
government that hatred, assassination and non-recognition of neighbors 
is unacceptable to the civilized world and that they cannot accomplish 
anything if they show such contempt for the entire civilized world.
  We also want to make sure that the U.S. taxpayer is not the source of 
one penny of aid for a government that Hamas controls, and we want to 
make sure that Hamas and its government are accorded absolutely no 
legitimacy by the United States or its representatives. This bill does 
those things.
  Mr. Speaker, I am sickened by the fact that the Palestinians chose 
Hamas as their leader, and I am sickened by everything that Hamas 
stands for. I believe every Member of this Congress shares my views in 
that regard.
  S. 2370 demonstrates that America will stand firm in the fight 
against terrorism, while remaining true to the hope for a peaceful 
Middle East. Indeed, I hope that our action will serve as a model for 
the right policy to take against terrorists, however they take power, 
and on behalf of a democratic ally that is the target of the vilest 
threats and the most dangerous enemies of any nation in the free world 
today. I urge all of my colleagues to support this legislation.
  Mr. Speaker, I yield 3 minutes to our distinguished colleague, the 
gentleman from New York (Mr. Weiner).
  Mr. WEINER. Mr. Speaker, I thank Mr. Lantos and the sponsor of the 
legislation.
  Look, I fundamentally believe, and I have said for some time that aid 
to the Palestinians has not achieved any of our foreign policy goals. 
It hasn't been accountable, it hasn't gotten us a more peaceful 
administration there, and fundamentally I believe that it doesn't 
achieve what we seek to do in foreign aid.
  I commend the sponsors of the legislation. I agree with both of them 
that this doesn't go far enough. It allows far too many loopholes. 
Among other things, it permits the PLO, the last vestige in the throes 
of the terrorist organization that passed, to continue to have a 
mission in New York City, in my hometown.
  Let us not forget that we have provided $1.5 billion dollars in U.S. 
assistance to Gaza and the West Bank. We always lead this debate with 
our hearts rather than our heads. When Wye River was signed, the United 
States said its citizens and taxpayers will put dollars on the 
barrelhead. When Oslo was signed, we said we will put dollars on the 
barrelhead.
  Invariably, we the American people, are very generous in trying to 
live up to the aspirations we have for that region, despite the fact 
that every single time it proves to be for naught.
  So I believe that this is a very important first step. But I also 
think it is important that people understand that democratization in 
the territories is a good thing. I agree with President Bush that 
having democracies and free, open elections are good things. But they 
have consequences.
  Many people argue in that part of the world that because we had used 
foreign aid in support of so many organizations of Fattah, the 
Palestinian people were impelled to vote for Hamas.

                              {time}  1230

  When you have a campaign based on the idea that we are going to 
continue terrorism, we are going to refuse to acknowledge the existence 
of our neighbors and the voters vote for that administration, there are 
consequences. One of the consequences is that the American people say 
we are not going to be involved.
  I also cannot take the floor at this moment without speaking 
particularly to one critic of note of late. Being a former President of 
the United States gives you a vaunted place in American and world life 
to be someone who speaks about the important issues of the day. 
Unfortunately, former President Carter has turned into a polemist on 
this issue and an irresponsible one to say the least.
  In recent appearances on television, he has gone so far, as to refer 
to the ``Jewish lobby'' as the reason we are not aiding Hamas and not 
doing more in the Middle East. He has had the audacity to suggest in a 
recent television appearance there has not been any Hamas terrorist 
attacks since 2004, ignoring the daily barrage of rockets coming into 
the south of Israel since Hamas took over. The missiles are being 
lobbed at schools and at hospitals.
  I believe that there is a responsibility that former President Carter 
has, and he dishonors himself and dishonors the role of former 
Presidents by continuing this polemic screed. We in this body and 
Americans who want there to be peace in the Middle East, overwhelmingly 
support a two-state solution. However, voters in that part of the world 
voted for terrorists. They have to understand there are ramifications.
  I thank the gentleman for yielding.
  Mr. LANTOS. Mr. Speaker, we have no additional requests for time and 
yield back the balance of our time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume to close.
  Let me just say, again, that it is always such a pleasure to work 
with my wonderful mentor, Mr. Lantos, on all of these issues dealing 
with the Middle East, and I hope to be working with him in an even 
closer manner in the future. He has been a true friend. And also 
Chairman Hyde who has been very generous in allowing all of the bills 
from our Middle East and Central Asia Subcommittee to come to the floor 
of the House. And we hope that this is just the beginning of a long 
road to peace and security in the Middle East.
  I thank Mr. Weiner for the wonderful contributions that he made to 
the House text, and we will work on those issues in the next session.

[[Page H8914]]

  In closing, Mr. Speaker, I would simply emphasize that this bill is 
but the beginning of our efforts to deny Hamas or any other foreign 
terrorist organization the economic resources, the political legitimacy 
and the excuses to pursue their threatening agenda. Hamas and other 
Islamic terrorist entities and their supporters are now put on notice.
  We clearly outline in this bill the path to peace and security, 
requirements that include those outlined in international agreements. 
It is up to Hamas leaders to heed this call. If they do not, we will 
return to the floor next year to address developments on the ground. 
Until that time, we must undertake efforts to ensure that the United 
States taxpayers are not directly, nor indirectly, contributing to 
Hamas activities and policies.
  This bill, Senate bill 2370, provides a critical tool towards such 
protections and safeguards. I ask my colleagues to render their full 
support for this bill.
  Mr. BLUMENAUER. Mr. Speaker, I rise in support of S. 2370, the 
Palestinian Anti-Terrorism Act.
  This Senate-passed bill is light-years better than the version passed 
by the House, which I opposed. It focuses on the Hamas-led government 
and reinforces the goal of a two-state solution, with a secure Israel 
living side-by-side with an independent Palestinian state in peace.
  While I don't believe this legislation is necessary, as there is 
already a prohibition on U.S. assistance to foreign terrorist 
organizations, I recognize the progress made in this legislation toward 
prioritizing on the basis of our strategic interests and maintaining 
flexibility in our efforts to promote a peace process between Israel 
and the Palestinians.
  I have two hesitations: One, I hope this is not read as a signal in 
the region--by either side--that the United States is more interested 
in didactics than negotiations. Two, I hope that Section 9, related to 
diplomatic contacts, will be interpreted as narrowly as possible, so as 
to allow for contact with a Hamas-led government if it is determined 
that such contacts could promote Israel's security and a peaceful two-
state solution.
  However, I greatly appreciate the changes made to this legislation 
and the flexibility shown by its sponsors in considering the concerns 
of many Members of Congress, the Bush administration, and outside 
experts. Because of this progress, I intend to support the bill.
  Mr. CROWLEY. Mr. Speaker, I rise today in support of this 
legislation.
  While this bill does not go as far as the House version, which passed 
overwhelmingly this past May, it is still provides the Administration 
with the necessary tools they need to bring about real peace.
  The goal of this Congress is to create a peaceful solution to the 
conflict.
  But I want to clear that the goal of this legislation is not to cause 
a humanitarian catastrophe but to isolate this terrorist led 
government, this legislation will allow funding for the basic health 
needs of the Palestinian people.
  This solution cannot come about with Hamas in control of the 
Palestinian Authority while they continue to support terrorist 
operations on innocent civilians.
  Hamas officials continue to endorse and carry out suicide bombing and 
missile strikes against our friend and ally Israel.
  As long as Hamas continues to choose terrorism instead of peaceful 
coexistence, it will meet with financial and diplomatic isolation from 
the United States and our allies.
  I have read the statements of several groups opposed to this 
legislation because this will create a road block towards negotiations.
  What I want to know is how do you negotiate with a government who is 
hell bent on your destruction.
  Would any member of this House negotiate with al Qaeda, I would hope 
not.
  Hamas must be isolated not coddled and that is what this legislation 
will do.
  Hamas would rather cling to the impossible dream of the destruction 
of Israel than work toward a two state solution that will bring 
prosperity and an end to the bloodshed that has tainted this region for 
so many years.
  Hamas refuses to change so they must be treated like the terrorist 
they are.
  I'm sure like me, my colleagues would rather be supporting a 
Palestinian Authority-led government working toward a peaceful two 
state solution but instead we face the realities of a Hamas-led 
government bent on the destruction of Israel.
  Until this Hamas-led government recognizes Israel's right to exist as 
a Jewish State, renounces violence, dismantles its terrorist 
infrastructure, and halts all anti-Israel incitement the United States 
should never provide assistance to the Palestinian Authority-led 
government of Hamas.
  Mr. PRICE of North Carolina. Mr. Speaker, I rise today to speak about 
S. 2370, the Senate-passed version of the Palestinian Anti-Terrorism 
Act before us today.
  Earlier this year, the House considered a version of this 
legislation. I rose in strong opposition to that bill, because it would 
have unfairly punished the average Palestinian citizen for the crimes 
of extremist Hamas leaders. It would have shut off all aid but the most 
narrowly defined humanitarian assistance, ending U.S. support for 
successful non-governmental efforts to promote democracy, tolerance, 
and peace in the region. In short, though well-intentioned, it would 
have undermined our ability to stop attacks against Israel and to 
achieve our most important foreign policy goals in the region.
  I was joined by several of my colleagues in opposing the bill. Though 
the House passed this flawed legislation, we were able to send a vital 
message: at this critical moment, we cannot afford to pull the rug out 
from those working for democracy and reconciliation in the region.
  The Senate heeded our message, and passed a much improved bill. 
Specifically, the bill addresses two significant concerns we raised 
during the House debate.
  First, the Senate bill provides the Administration far more 
flexibility to deliver aid to the Palestinian people and to those 
working for a peaceful resolution to the conflict. In addition to 
broader humanitarian aid, it explicitly authorizes ``assistance to 
promote democracy, human rights, freedom of the press, non-violence, 
reconciliation, and peaceful co-existence.''
  Second, the bill expands the Administration's options for engaging 
diplomatically with Palestinian leaders not associated with Hamas, 
including Palestinian Authority (PA) President Mahmoud Abbas, who will 
be a critical ally if we are to negotiate a peace agreement.
  I am greatly pleased to see the improvements the Senate legislation 
has made, and for that reason I will support the bill's passage. 
However, because events have evolved since this legislation was first 
considered, I want to add a few words, lest our action today send the 
wrong message at the wrong time.
  After a summer of crisis, during which the kidnapping of an Israeli 
soldier led Israel to send its military into Gaza, there have been 
several recent positive developments. First, Israeli Prime Minister 
Ehud Olmert and PA President Abbas negotiated a ceasefire to end the 
violent confrontation in Gaza. Second, both Prime Minister Ohmert and 
President Abbas have recently made clear their commitment to resuming 
peace talks. And third, Palestinian leaders are reportedly on the verge 
of forming a unity government that would end Hamas's sole control of 
the PA.
  Passage of this legislation at this time should not be interpreted as 
unawareness of these positive developments or unwillingness to support 
them. Such progress should be rewarded with an increased U.S. 
commitment to work for peace in the region, not punished by the 
erection of new obstacles or the imposition of new sanctions.
  With that said, however, I strongly support the goals of isolating 
Hamas and encouraging the Palestinian leadership to renounce violence 
and recognize Israel's right to exist, practical and principal steps 
toward the resumption of negotiations aimed at a two-state solution. 
This bill would accomplish those goals and I will support it. I hope it 
will serve not as an endpoint but as a launchpad for reinvigorated U.S. 
action to support a settlement that will bring a lasting peace to 
Israelis and Palestinians.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Florida (Ms. Ros-Lehtinen) that the House suspend the 
rules and pass the Senate bill, S. 2370.
  The question was taken; and (two-thirds of those voting having 
responded in the affirmative) the rules were suspended and the Senate 
bill was passed.
  A motion to reconsider was laid on the table.

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