[House Report 109-462]
[From the U.S. Government Publishing Office]



109th Congress                                            Rept. 109-462
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 2

======================================================================



 
                 PALESTINIAN ANTI-TERRORISM ACT OF 2006

                                _______
                                

                  May 15, 2006.--Ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4681]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 4681) to promote the development of democratic 
institutions in areas under the administrative control of the 
Palestinian Authority, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     7
Background and Need for the Legislation..........................     8
Hearings.........................................................     9
Committee Consideration..........................................     9
Vote of the Committee............................................     9
Committee Oversight Findings.....................................     9
New Budget Authority and Tax Expenditures........................     9
Congressional Budget Office Cost Estimate........................     9
Performance Goals and Objectives.................................    11
Constitutional Authority Statement...............................    11
Section-by-Section Analysis and Discussion.......................    11
Changes in Existing Law Made by the Bill, as Reported............    12
Markup Transcript................................................    13

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SEC. 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 violence;
          (3) to urge members of the international community to avoid 
        contact with and refrain from financially supporting the 
        terrorist organization Hamas or a Hamas-controlled Palestinian 
        Authority until Hamas agrees to recognize Israel, renounce 
        violence, disarm, and accept prior agreements, including the 
        Roadmap;
          (4) to promote the emergence of a democratic Palestinian 
        governing authority that--
                  (A) denounces and combats terrorism;
                  (B) has agreed to and is taking action to disarm and 
                dismantle any terrorist agency, network, or facility;
                  (C) has agreed to work to eliminate anti-Israel and 
                anti-Semitic incitement and the commemoration of 
                terrorists in Palestinian society;
                  (D) has agreed to respect the sovereignty of its 
                neighbors;
                  (E) acknowledges, respects, and upholds the human 
                rights of all people;
                  (F) implements the rule of law, good governance, and 
                democratic practices, including conducting free, fair, 
                and transparent elections in compliance with 
                international standards;
                  (G) ensures institutional and financial transparency 
                and accountability; and
                  (H) has agreed to recognize the State of Israel as an 
                independent, sovereign, Jewish, democratic state; and
          (5) to continue to support assistance to the Palestinian 
        people.
  (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.--Except as provided in subsection (e), assistance 
may be provided under this Act to the Palestinian Authority only during 
a period for which a certification described in subsection (b) is in 
effect.
  ``(b) Certification.--A certification described in this subsection 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 controlled by a foreign terrorist 
        organization and no member of a foreign terrorist organization 
        serves in a senior policy making position in a ministry, 
        agency, or instrumentality of the Palestinian Authority;
          ``(2) the Palestinian Authority has--
                  ``(A) publicly acknowledged Israel's right to exist 
                as a Jewish state; and
                  ``(B) recommitted itself and is adhering to all 
                previous agreements and understandings by the Palestine 
                Liberation Organization and the Palestinian Authority 
                with the Government of the United States, the 
                Government of Israel, and 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
          ``(3) the Palestinian Authority has taken effective steps and 
        made demonstrable progress toward--
                  ``(A) completing the process of purging from its 
                security services individuals with ties to terrorism;
                  ``(B) dismantling all terrorist infrastructure, 
                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-Israel incitement in 
                Palestinian Authority-controlled electronic and print 
                media and in schools, mosques, and other institutions 
                it controls, and replacing these materials, including 
                textbooks, with materials that promote tolerance, 
                peace, 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 requirements contained 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 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) Exceptions.--
          ``(1) In general.--Subsection (a) shall not apply with 
        respect to the following:
                  ``(A) Assistance to independent elections 
                commissions.--Assistance to any Palestinian independent 
                election commission if the President transmits to 
                Congress a certification that contains a determination 
                of the President that--
                          ``(i) no member of such commission is a 
                        member of, affiliated with, or appointed by a 
                        foreign terrorist organization; and
                          ``(ii) each member of such commission is 
                        independent of the influence of any political 
                        party or movement.
                  ``(B) Assistance to support the middle east peace 
                process.--Assistance to the Office of the President of 
                the Palestinian Authority for non-security expenses 
                directly related to facilitating a peaceful resolution 
                of the Israeli-Palestinian conflict or for the personal 
                security detail of the President of the Palestinian 
                Authority if the President transmits to Congress a 
                certification that contains a determination of the 
                President that--
                          ``(i) such assistance is critical to 
                        facilitating a peaceful resolution of the 
                        Israeli-Palestinian conflict;
                          ``(ii) the President of the Palestinian 
                        Authority is not a member of or affiliated with 
                        a foreign terrorist organization and has 
                        rejected the use of terrorism to resolve the 
                        Israeli-Palestinian conflict;
                          ``(iii) such assistance will not be used to 
                        provide funds to any individual who is a member 
                        of or affiliated with a foreign terrorist 
                        organization or who has not rejected the use of 
                        terrorism to resolve the Israeli-Palestinian 
                        conflict; and
                          ``(iv) such assistance will not be 
                        retransferred to any other entity within or 
                        outside of the Palestinian Authority except as 
                        payment for legal goods or services rendered.
          ``(2) Additional requirements.--Assistance described in 
        paragraph (1) may be provided only if the President--
                  ``(A) determines that the provision of such 
                assistance is important to the national security 
                interests 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).
          ``(3) Definition.--In this subsection, 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.
  ``(f) Definitions.--In this section:
          ``(1) 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)).
          ``(2) 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) Applicability to Unexpended Funds.--Section 620K of the Foreign 
Assistance Act of 1961, as added by subsection (b), applies with 
respect to unexpended funds obligated for assistance under the Foreign 
Assistance Act of 1961 to the Palestinian Authority before the date of 
the enactment of this Act.
  (d) Report by Comptroller General.--Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate congressional committees 
a report that contains a review of the proposed procedures by which 
United States assistance to the Palestinian Authority under the Foreign 
Assistance Act of 1961 will be audited by the Department of State, the 
United States Agency for International Development, and all other 
relevant departments and agencies of the Government of the United 
States and any recommendations for improvement of such procedures.
  (e) Sense of Congress.--It is the sense of Congress that the 
President should be guided by the principles and procedures described 
in section 620K of the Foreign Assistance Act of 1961, as added by 
subsection (b), in providing direct assistance to the Palestinian 
Authority under any provision of law other than the Foreign Assistance 
Act of 1961.

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) of this 
Act, 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.--Except as provided in subsection (d), 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) of this Act is in effect with respect to 
the Palestinian Authority.
  ``(b) Marking Requirement.--Assistance provided under this Act to 
nongovernmental organizations for the West Bank and Gaza shall be 
marked as assistance from the Government of the United States unless 
the Secretary of State or the Administrator of the United States Agency 
for International Development determines that such marking will 
endanger the lives or safety of persons delivering or receiving such 
assistance or would have a material adverse effect on the 
implementation of such assistance.
  ``(c) 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.
  ``(d) Exceptions.--Subsection (a) shall not apply with respect to the 
following:
          ``(1) Assistance to meet basic human health needs.--The 
        provision of food, water, medicine, sanitation services, or 
        other assistance to directly meet basic human health needs.
          ``(2) Other types of assistance.--The provision of any other 
        type of assistance if the President--
                  ``(A) determines that the provision of such 
                assistance will further the national security interests 
                of the United States; and
                  ``(B) not less than 25 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) and an 
                        explanation of how failure to provide the 
                        proposed assistance would be inconsistent with 
                        furthering the national security interests of 
                        the United States.
          ``(3) Definition.--In this subsection, 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.''.
  (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 
        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 any fiscal 
        year 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 or the families of 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 independent 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 
                to ensure, among other things, compliance with this 
                subsection.
                  (B) Audits by inspector general of usaid.--Of the 
                amounts available for any fiscal year 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.
  (c) Sense of Congress.--It is the sense of Congress that the 
President should be guided by the principles and procedures described 
in section 620L of the Foreign Assistance Act of 1961, as added by 
subsection (a), in providing assistance to nongovernmental 
organizations for the West Bank and Gaza under any provision of law 
other than the Foreign Assistance Act of 1961.

SEC. 4. UNITED NATIONS AGENCIES AND PROGRAMS.

  (a) Review and Report.--
          (1) In general.--Not later than 60 days after the date of the 
        enactment of this Act, the President shall--
                  (A) conduct an audit of the functions of the entities 
                specified in paragraph (2); and
                  (B) transmit to the appropriate congressional 
                committees a report containing recommendations for the 
                elimination of such entities and efforts that are 
                duplicative or fail to ensure balance in the approach 
                of the United Nations to Israeli-Palestinian issues.
          (2) Entities specified.--The entities referred to in 
        paragraph (1) are the following:
                  (A) The United Nations Division for Palestinian 
                Rights.
                  (B) The Committee on the Exercise of the Inalienable 
                Rights of the Palestinian People.
                  (C) The United Nations Special Coordinator for the 
                Middle East Peace Process and Personal Representative 
                to the Palestine Liberation Organization and the 
                Palestinian Authority.
                  (D) The NGO Network on the Question of Palestine.
                  (E) The Special Committee to Investigate Israeli 
                Practices Affecting the Human Rights of the Palestinian 
                People and Other Arabs of the Occupied Territories.
                  (F) Any other entity the Secretary determines results 
                in duplicative efforts or funding or fails to ensure 
                balance in the approach to Israeli-Palestinian issues.
  (b) Implementation of Recommendations by Permanent Representative.--
          (1) In general.--The United States Permanent Representative 
        to the United Nations shall use the voice, vote, and influence 
        of the United States at the United Nations to seek the 
        implementation of the recommendations contained in the report 
        required under subsection (a)(1)(B).
          (2) Withholding of funds.--Until such recommendations have 
        been implemented, the Secretary of State is authorized to 
        withhold from United States contributions to the regular 
        assessed budget of the United Nations for a biennial period 
        amounts that are proportional to the percentage of such budget 
        that are expended for such entities.
  (c) GAO Audit.--The Comptroller General shall conduct an audit of the 
status of the implementation of the recommendations contained in the 
report required under subsection (a)(1)(B).
  (d) Withholding of Funds With Respect to the Palestinian Authority.--
The Secretary of State is authorized to withhold from United States 
contributions to the regular assessed budget of the United Nations for 
a biennial period amounts that are proportional to the percentage of 
such budget that are expended for any United Nations affiliated or 
specialized agency that provides assistance directly to 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.

SEC. 5. 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. 6. DENIAL OF VISAS FOR OFFICIALS OF THE PALESTINIAN AUTHORITY.

  (a) In General.--A visa shall not be issued to any alien who is an 
official of, affiliated with, or serving as a representative of 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) Waiver.--Subsection (a) shall not apply--
          (1) if the President determines and certifies to the 
        appropriate congressional committees, on a case-by-case basis, 
        that the issuance of a visa to an alien described in such 
        subsection is important to the national security interests of 
        the United States; or
          (2) with respect to visas issued in connection with United 
        States obligations under the Act of August 4, 1947 (61 Stat. 
        756) (commonly known as the ``United Nations Headquarters 
        Agreement Act'').

SEC. 7. TRAVEL RESTRICTIONS ON OFFICIALS AND REPRESENTATIVES OF THE 
                    PALESTINIAN AUTHORITY AND THE PALESTINE LIBERATION 
                    ORGANIZATION STATIONED AT THE UNITED NATIONS IN NEW 
                    YORK CITY.

  The President shall 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.

SEC. 8. 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 or the Palestine Liberation 
Organization 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), 
        including steps necessary to apply the policies and provisions 
        of subsection (a) to the Permanent Observer Mission of 
        Palestine to the United Nations.
          (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.--
          (1) Authority.--The President may waive the application of 
        subsection (a) for a period of 180 days if the President 
        determines and certifies to the appropriate congressional 
        committees that such waiver is vital to the national security 
        interests of the United States and provides an explanation of 
        how the failure to waive the application of subsection (a) 
        would be inconsistent with the vital national security 
        interests of the United States.
          (2) Renewal.--The President may renew the waiver described in 
        paragraph (1) for successive 180-day periods if the President 
        makes the determination and certification described in such 
        paragraph for each such period.

SEC. 9. INTERNATIONAL FINANCIAL INSTITUTIONS.

  (a) United States Policy.--It shall be the policy of the United 
States that the United States Executive Director at each international 
financial institution shall use the voice, vote, and influence of the 
United States to prohibit assistance to the Palestinian Authority 
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) 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.

SEC. 10. DIPLOMATIC CONTACTS WITH PALESTINIAN TERROR ORGANIZATIONS.

  It shall be the policy of the United States that no officer or 
employee of the United States Government shall negotiate or have 
substantive contacts 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, unless and until such organization--
          (1) recognizes Israel's right to exist;
          (2) renounces the use of terrorism;
          (3) dismantles the infrastructure 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 Palestine 
        Liberation Organization and the Palestinian Authority.

SEC. 11. 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).

                          Purpose and Summary

    H.R. 4681, the ``Palestinian Anti-Terrorism Act of 2006,'' 
both demonstrates Congress' disapproval of the policies of the 
new Hamas-dominated government of the Palestinian Authority and 
prevents United States' taxpayer funds from supporting Hamas. 
This legislation primarily falls under the jurisdiction of the 
House Committee on International Relations. However, the 
legislation as reported by the International Relations 
Committee contains provisions that fall within the House 
Committee on the Judiciary's jurisdiction. The bill provides 
that a visa shall not be issued to any alien who is an official 
of, affiliated with, or serving as a representative of the 
Palestinian Authority during any period for which the President 
has not certified that the Authority is taking a number of 
enumerated steps to reject terrorism and embrace peace with 
Israel. H.R. 4681 also provides the Attorney General with the 
authority to enforce a provision of the bill, which makes it 
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 or the 
Palestine Liberation Organization; and grants the relevant 
district court the ability to grant injunctive relief.

                Background and Need for the Legislation

    The United States has provided hundreds of millions of 
dollars in assistance to the Palestinian people since the 
beginning of the Oslo peace process. Hamas, the Arabic acronym 
for the ``Islamic Resistance Movement,'' is a terrorist 
organization responsible for the deaths of many innocent 
Israelis and Americans.\1\ It also acts in the political sphere 
and carries on welfare activities in support of its larger aim 
of remaking the Palestinian Authority as an Islamic state and 
destroying Israel. Hamas won a significant majority of the 
seats in the Palestinian elections in January of 2006.
---------------------------------------------------------------------------
    \1\ The Secretary of State designated Hamas as a foreign terrorist 
organizati pursuant to section 219 of the Immigration and Nationality 
Act on October 8, 1997. See 62 Fed. Reg. 52650 (1997).
---------------------------------------------------------------------------
    The bill provides that with certain exceptions the United 
States government can only give assistance to the Palestinian 
Authority during a period for which a Presidential 
certification finds that 1) no ministry, agency, or 
instrumentality of the Authority is controlled by a foreign 
terrorist organization; 2) no member of a foreign terrorist 
organization serves in a senior policy making position in a 
ministry, agency, or instrumentality of the Authority; 3) the 
Authority has publicly acknowledged Israel's right to exist as 
a Jewish state; 4) the Authority has recommitted itself and is 
adhering to all previous agreements and understandings by the 
Palestine Liberation Organization and the Authority with the 
United States, Israel, and the international community 
(including the ``Roadmap to Peace''); and 5) the Authority has 
taken effective steps and made demonstrable progress toward 
completing the process of purging from its security services 
individuals with ties to terrorism, dismantling all terrorist 
infrastructure, 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, halting all 
anti-Israel incitement in authority-controlled electronic and 
print media and in schools, mosques, and other institutions it 
controls, and replacing these materials, including textbooks, 
with material that promote tolerance, peace, and coexistence 
with Israel, ensuring democracy, the rule of law, and an 
independent judiciary, and adopting other reforms such as 
ensuring transparent and accountable governance, and ensuring 
the financial transparency and accountability of all government 
ministries and operations.
    The bill provides that a visa shall not be issued to any 
alien who is an official of, affiliated with, or serving as a 
representative of the Palestinian Authority during any period 
for which such a certification is not in effect. This bar to 
visa issuance shall not apply if the President determines and 
certifies to the appropriate congressional Committees, on a 
case-by-case basis, that the issuance of a visa to such an 
alien is important to the national security interests of the 
United States or with respect to visas issued in connection 
with United States obligations to let officials of governments 
into the United States for United Nations business.
    The bill also provides that it shall be unlawful to 
establish or maintain an office within the jurisdiction of the 
United States at the behest or direction of, or with funds 
provided by, the Palestinian Authority or the Palestine 
Liberation Organization during any period for which a 
Presidential certification is not in effect with respect to the 
Authority (the President is provided with waiver authority.) 
The Attorney General shall take the necessary steps and 
institute the necessary legal action to effectuate this 
provision, including steps necessary to apply it to the 
Permanent Observer Mission of Palestine to the United Nations.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
4681.

                        Committee Consideration

    On May 10, 2006, the Committee met in open session and 
ordered favorably reported the bill H.R. 4681 with an amendment 
by voice vote, a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the Committee consideration of 
H.R. 4681.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 4681, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 11, 2006.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4681, the 
``Palestinian Anti-Terrorism Act of 2006.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sam 
Papenfuss, who can be reached at 226-2840.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.

Enclosure.
H.R. 4681--Palestinian Anti-Terrorism Act of 2006.
    H.R. 4681 would impose restrictions on aid provided to the 
Palestinian Authority (PA) and impose other restrictions on 
activity by the PA and its officials in the United States. CBO 
estimates that implementing H.R. 4681 would have no significant 
budgetary impact because the Administration has effectively 
implemented the provisions in the bill. CBO estimates that the 
bill would not affect direct spending or receipts. H.R. 4681 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would not 
affect the budgets of state, local, or tribal governments.
    Section 2 would prohibit the United States from providing 
aid to the PA unless the President has certified that:

         LNo elements of the PA have any ties to 
        terrorist organizations,

         LThe PA has publicly recognized Israel's right 
        to exist as a Jewish state,

         LThe PA is recognizing and following previous 
        agreements with respect to establishing peace between 
        Israel and the PA,

         LThe PA is working to eliminate terrorism in 
        its jurisdiction, and

         LThe PA is moving towards a more transparent 
        and accountable government.

    The prohibition would not apply to support for independent 
elections commissions and the Middle East peace process.
    Section 3 would allow aid to the West Bank or Gaza only if 
such aid promotes the national security interests of the United 
States and for basic human health needs, such as water, food, 
medicine, or sanitation. According to the Department of State, 
this humanitarian aid will total about $250 million in 2006 
(from funds already appropriated), though aid for future years 
is uncertain.
    Section 4 would authorize the Secretary of State to 
withhold, in part, U. S. contributions to the assessed budget 
of the United Nations (UN) under the following conditions:

         LThe UN fails to implement recommendations 
        from an audit of its approach to Israeli-Palestinian 
        issues, or

         LUN specialized or affiliated agencies provide 
        direct assistance to the PA.

    Based on information from the Department of State, CBO does 
not expect that these conditions would be met. Consequently, 
the department would continue to make contributions. (Enacting 
the bill could result in direct spending savings if the 
department does withhold contributions after the appropriation 
of funds for that purpose, because it would affect outlays from 
funds already appropriated. However, CBO believes that action 
would be unlikely.)
    On May 4, 2006, CBO transmitted an estimate for H.R. 4681 
as ordered reported by the House Committee on International 
Relations on April 6, 2006. The two versions of the bill are 
similar, and our estimates are identical.
    The CBO staff contact for this estimate is Sam Papenfuss, 
who can be reached at 226-2840. This estimate was approved by 
Peter H. Fontaine, Deputy Assistant Director for Budget 
Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
Rule XIII of the Rules of the House of Representatives, H.R. 
4681 provides that a visa shall not be issued to any alien who 
is an official of, affiliated with, or serving as a 
representative of the Palestinian Authority during any period 
for which the President has not certified that the Palestinian 
Authority is taking a number of enumerated steps to reject 
terrorism and embrace peace with Israel. The bill also provides 
that it shall be unlawful to establish or maintain an office 
within the jurisdiction of the United States at the behest or 
direction of, or with funds provided by, the Palestinian 
Authority or the Palestine Liberation Organization during any 
period for which a Presidential certification is not in effect 
with respect to the Authority (the President is provided with 
waiver authority.) The Attorney General shall take the 
necessary steps and institute the necessary legal action to 
effectuate this provision, including steps necessary to apply 
it to the Permanent Observer Mission of Palestine to the United 
Nations.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in art. I, Sec. 8, of the Constitution.

               Section-by-Section Analysis and Discussion

    The following is a section-by-section analysis and 
discussion of the provisions within the Committee on the 
Judiciary's jurisdiction.
    Under current law, representatives and members of Hamas are 
inadmissable into the United States.\2\ Section 6 provides that 
a visa shall not be issued to any alien who is an official of, 
affiliated with, or serving as a representative of the 
Palestinian Authority during any period for which such a 
certification is not in effect. This bar to visa issuance shall 
not apply if the President determines and certifies to the 
appropriate congressional Committees, on a case-by-case basis, 
that the issuance of a visa to such an alien is important to 
the national security interests of the United States or with 
respect to visas issued in connection with United States 
obligations under the United Nations Headquarters Agreement Act 
of 1947 (``UNHAA''). The UNHAA provides that ``[t]he Federal, 
State or local authorities of the United States shall not 
impose any impediments to transit to or from the headquarters 
district of . . . representatives of Members or officials of 
the United Nations . . . [and that L]aws and regulations in 
force in the United States regarding the entry of aliens shall 
not be applied in such manner as to interfere with th[ese] 
privileges. . . .'' \3\
---------------------------------------------------------------------------
    \2\ See section 212(a)(3)(B)(i)(IV)(aa), (V) of the Immigration and 
Nationality Act. The Attorney General may waive these grounds of 
inadmissability to allow aliens to come temporarily to the United 
States. See section 212(d)(3) of the INA.
    \3\ Sections 11 and 13 of the Agreement Between the United Nations 
and the United States of America Regarding the Headquarters of the 
United Nations, contained in J. Res., 61 Stat. 756 (August 4, 1947).
---------------------------------------------------------------------------
    Subsection (a) of Section 8 provides that 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 or the Palestine 
Liberation Organization during any period for which a 
Presidential certification (described above) is not in effect 
with respect to the PA.
    Subsection (b) of section 8 provides that the Attorney 
General shall take the necessary steps and institute the 
necessary legal action to effectuate the policies and 
provisions of subsection (a), including steps necessary to 
apply the policies and provisions of subsection (a) to the 
Permanent Observer Mission of Palestine to the United Nations. 
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).
    Subsection (c) provides that the President may waive the 
application of subsection (a) for a period of 180 days if the 
President determines and certifies to the appropriate 
congressional Committees that such waiver is vital to the 
national security interests of the United States and provides 
an explanation of how the failure to waive the application of 
subsection (a) would be inconsistent with the vital national 
security interests of the United States. The President may 
renew the waiver for successive 180-day periods if the 
President makes the necessary determination and certification 
for each such period.
    Language added by the Committee to extend enforcement of 
Section 8(a) to the Permanent Observer Mission to the United 
Nations is necessary to direct the Attorney General to follow 
past precedent in his enforcement activities and eliminate 
ambiguity in the legislative text.

         Changes in Existing Law Made by the Bill, as Reported

  The bill was referred to this Committee for consideration of 
such provisions of the bill and the amendment as fall within 
the jurisdiction of this committee pursuant to clause 1(l) of 
Rule X of the Rules of the House of Representatives. The 
changes made to existing law by the amendment reported by the 
Committee on International Relations are shown in the report 
filed by that Committee (Rept. 109-462, Part 1). The amendments 
made by this Committee do not make any changes to existing law.

                           Markup Transcript



                            BUSINESS MEETING

                        WEDNESDAY, MAY 10, 2006

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:08 a.m., in 
Room 2141, Rayburn House Office Building, the Honorable F. 
James Sensenbrenner, Jr. (Chairman of the Committee) presiding.
    [Intervening business.]
    Chairman Sensenbrenner. Pursuant to notice, I now call up 
the bill H.R. 4681, the ``Palestinian Anti-Terrorism Act of 
2006,'' for purposes of markup and move its favorable 
recommendation to the House. Without objection, the bill will 
be considered as read and open for amendment at any time, and 
the text as reported by the Committee on International 
Relations which the Members have before them will be considered 
as read, considered as the original text for purposes of 
amendment and open for amendment at any point.
    [The bill, H.R. 4681, follows:]
      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


    Chairman Sensenbrenner. Because the hour is late, and we 
would like to get this bill out, the chair will put his opening 
statement in the record at this time by unanimous consent and 
suggest that everybody else do the same.
    [The prepared statement of Mr. Sensenbrenner follows:]
  Prepared Statement of the Honorable F. James Sensenbrenner, Jr., a 
 Representative in Congress from the State of Wisconsin, and Chairman, 
                       Committee on the Judiciary
    H.R. 9 reauthorizes for an additional 25 years and amends 
provisions of the Voting Rights Act set to expire on August 6, 2007.
    The Voting Rights Act was enacted in 1965, and reauthorized in 
1970, 1975, 1982, and 1992, each time with strong bipartisan support. 
Like the preceding reauthorization efforts, this bill also has strong 
support from Republicans and Democrats alike.
    On August 6, 2005, our nation celebrated the 40th anniversary of 
the VRA, which has been one of the most important pieces of civil 
rights legislation enacted during the 20th Century. The enactment of 
the VRA resulted from the efforts of many who fought to eliminate our 
country's sad legacy of racial discrimination and ensure that the 
rights guaranteed by the Constitution were protected for all Americans.
    There is no right more fundamental than the right to vote, because 
in a democracy, only the right to vote can protect all other rights. 
This right is so central to our system of government that it is 
protected by five separate amendments to our Constitution, including 
the 14th, 15th, 19th, 24th, and 26th Amendments.
    History reveals, however, that States and localities have not 
always been faithful to the rights and protections afforded by our 
Constitution. Sadly, some have tried to disenfranchise African-American 
and other minority voters through means ranging from violence and 
intimidation to subtle changes in voting rules. As a result, many 
minorities were unable to fully participate in the political process 
for nearly a century.
    The VRA changed this and sucessfully transformed our Nation's 
electoral process, and the makeup of our local, State, and Federal 
governments. Since its enactment, the VRA has been instrumental in 
remedying past injustice by restructuring the relationship between 
States with a history of discrimination and the Federal government.
    Section 5 prohibits States with a history of discrimination from 
changing election practices and processes without first submitting the 
changes to the Department of Justice or the District Court for the 
District of Columbia. Section 5 has helped ensure minority citizens 
have an equal opportunity to participate in our country's political 
process and--with other provisions of the VRA--has helped increase 
minority participation in elections as well as the number of minorities 
serving in elected positions.
    Last summer, I, along with Ranking Member Conyers and Congressional 
Black Caucus Chairman Watt, pledged to have the VRA's temporary 
provisions reauthorized for an additional 25 years. Since last fall, 
the Subcommittee on the Constitution has been examining the VRA in 
great detail, focusing on the provisions set to expire in 2007. During 
these hearings, the Subcommittee examined the impact two Supreme Court 
decisions, Bossier II and Georgia v. Ashcroft, have had on Section 5's 
ability to protect minorities from discriminatory voting changes, 
particularly in State and Congressional redistricting initiatives.
    As a result, H.R. 9 includes language that makes clear that a 
voting rule change motivated by any discriminatory purpose cannot be 
precleared, and clarifies that the purpose of the preclearance 
requirements is to protect the ability of minority citizens to elect 
their preferred candidates of choice.
    The Committee record shows that while the VRA has been successful, 
our work is not yet complete. Discrimination in the electoral process 
continues to exist and threatens to undermine the progress that has 
been made over the last forty years. By extending the VRA for an 
additional 25 years, H.R. 9 ensures that the gains made by minorities 
are not jeopardized.
    As previously noted, this legislation has strong bipartisan 
support, including that of Speaker Hastert and Minority Leader Pelosi. 
This bill is also supported by many religious and civil rights 
organizations including the Leadership Conference on Civil Rights, the 
ACLU, MALDEF, the NAACP, and the National Association of Latino Elected 
and Appointed Officials (NALEO) Educational Fund.
    (I ask unanimous consent to include in the record a letter dated 
May 3, 2006 sent by the Leadership Conference on Civil Rights and co- 
signed by an extensive list of civil rights and religious 
organizations).
    The Majority Leader's office has indicated that H.R. 9 will be 
considered on the House floor next week. I strongly urge my colleagues 
to support this legislation.

    Mr. Conyers. Mr. Chairman, I would like to introduce my 
statement into the record at this time.
    [The prepared statement of Mr. Conyers follows:]

Prepared Statement of the Honorable John Conyers, Jr., a Representative 
 in Congress from the State of Michigan, and Ranking Member, Committee 
                            on the Judiciary

    H.R. 4681 is a necessary response to the recent election of Hamas 
to the leadership of the Palestinian Authority. Hamas is an officially 
designated terrorist organization responsible for over 500 deaths in 
terrorist attacks since the 1980s. Their control over the Palestinian 
Authority greatly stymies any chance of progress towards peace in 
Israel and the Palestinian territories.
    This bill is complicated and it raises some difficult issues, but I 
am inclined to support it. A legislative response is necessary to send 
a clear signal that the United States will not continue to support 
political developments in the Palestinian territories under the 
leadership of a terrorist organization. In that vein, the provisions 
the Judiciary Committee has jurisdiction over play an important role in 
sanctioning the Hamas leadership.
    While existing law forbids the entry of terrorists into the United 
States, we want to make it clear that under Hamas leadership, the 
officials of the Palestinian Authority are not welcome here, nor will 
we support the establishment of Palestinian Authority offices in this 
country until the Authority takes significant steps renounce its 
terrorist connections.
    To the extent that there are members of the Palestinian Legislative 
Council who are not a part of a terrorist faction, and it is in the 
U.S. national interest to grant them a visa, the bill gives the 
President authority to waive the visa ban.

    Chairman Sensenbrenner. Without objection, so ordered. 
Without objection, all Members' opening statements will be 
placed in the record at this time.
    Are there any amendments?
    The gentleman from New York, Mr. Weiner.
    Mr. Weiner. Mr. Chairman, I have an amendment at the desk.
    Chairman Sensenbrenner. The Clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 4681 offered by Mr. Weiner of 
New York. Page 22, line 5 insert before the period the 
following.
    Chairman Sensenbrenner. Without objection the amendment 
will be considered as read, and the gentleman from New York Mr. 
Weiner will be recognized for 5 minutes.
    [The amendment follows:]
      
      

  


    Mr. Issa. Mr. Chairman, I reserve a point of order.
    Chairman Sensenbrenner. The point of order is reserved by 
the gentleman from California. The gentleman is recognized for 
5 minutes.
    Mr. Weiner. Mr. Chairman, I have no intention of taking the 
5 minutes. This is essentially a technical amendment which is 
the reason we in this Committee, to your credit, got a referral 
for this bill. It is very simple. The International Relations 
Committee talks about the prohibition on Palestinian Authority 
representation in the United States, and it says it shall be 
unlawful to establish or maintain an office, headquarters, 
premises or other facilities or establishment within the 
jurisdiction of the United States.
    That language was taken directly from 1986 legislation to 
deal with the Palestinian Liberation Organization at the time. 
After that legislation had passed this House, passed the 
Senate, was signed by the President, it was determined that 
there was a loophole that was unintended by Congress. Since 
there was other legislation that had been passed creating the 
United Nations and its missions, there were two pieces of 
legislation passed by the House and Senate and signed by the 
President and left some disagreement about where missions of 
the United Nations fell. It was litigated by one Rudy Guliani, 
coincidentally enough, where the Justice Department said, 
clearly, Congress intended these missions to be included. They 
said, and it was decided by the courts, clearly Congress has 
the power to include those missions but because the ambiguity 
was unable to be determined by the courts, they essentially 
said that mission remains open.
    What we are doing here today is taking the portion of the 
bill that we were given that gives guidance to the Attorney 
General on how to enforce this law, that is all we are doing, 
and saying, we are giving you guidance on this ambiguity in the 
law. This ambiguity was left by the International Relations 
Committee. We simply want to make clear that the Permanent 
Observer Mission of Palestine to the United Nations is included 
in the prohibitions that are included in section A.
    I want to make it very clear that it was clearly the intent 
of the authors to include this provision. It was now our job 
with this referral to give guidance on how to enforce it. That 
is our job. We are doing oversight of the Justice Department. 
We are doing oversight of the Attorney General provisions, and 
under enforcement, we are giving guidance to enforcement. We 
are not in any way reaching beyond what the International 
Relations Committee--they themselves have pretty clear 
language: an office, headquarters, premises or facilities or 
establishment.
    I want to remind my colleagues that if we don't include 
this language, what will be the effect of the overall law? All 
of the Palestinian assets that we seek to ban are going to go 
to that one place because of the failure to include this 
language. So it is something that the Parliamentarian has said, 
and we are going to get into a discussion perhaps later, that 
it is clearly germane to our section of the bill. The only 
question is whether we are somehow expanding or narrowing 
jurisdiction that we don't have.
    But I want to remind my colleagues, this is exactly why Mr. 
Sensenbrenner fought for jurisdiction, so we can perfect what 
the International Relations Committee did because they 
unwittingly left this loophole the same way they did in 1986. I 
urge a yes vote, and I yield back the balance of my time.
    Chairman Sensenbrenner. Does the gentleman from California 
insist on his point of order?
    Mr. Issa. Yes, I do, Mr. Chairman.
    Chairman Sensenbrenner. The gentleman will state his point 
of order.
    Mr. Issa. I make the point of order that the amendment goes 
to subject matter outside the scope of the referral, which is 
based on the Committee's jurisdiction, and if I may, serving 
also on the International Relations Committee, this Committee 
does not have the jurisdiction to do what accidentally may not 
have been done in the International Relations Committee. I 
certainly sympathize with the gentleman but insist on my point 
of order.
    Chairman Sensenbrenner. Does the gentleman from New York 
wish to respond?
    Mr. Weiner. Yes, I do.
    Mr. Chairman, if we are to take the gentleman's explanation 
of the parliamentary objection he is making, that is since 
section A which refers throughout section B under enforcement, 
then there is nothing we can do to it and the referral to this 
Committee is meaningless. All we are doing is giving guidance 
on enforcement. That is what we are doing here today. You can 
say we shouldn't have gotten this referral. Thankfully, we did. 
Thankfully, at every turn over the course of the last several 
years, the Chairman stood up and said, it might be a little 
inconvenient for some, but we are going to make sure that we 
get jurisdiction and we don't lose any of it. If we are going 
to take the argument that you are saying, all of the 
enforcement provisions are outside of the jurisdiction, why did 
we even get the referral?
    All we are doing is giving guidance to the Attorney General 
on how to interpret or how to do the enforcement. This is 
exactly why we got this referral. Simply put, the good folks at 
International Relations, with great respect, did not cure this 
problem. That is why we got the referral.
    And if you are--if we allow this to pass as it is with this 
imperfection, I am going to tell you what is going to happen: 
We are going to follow the provisions on pages 21 under the 
section; they are going to close their offices, their 
headquarters, premises, and other facilities or establishments; 
and then they are going to have this, U.S. District Court for 
the Southern District of New York, June 29th, 1988, where the 
court said Congress absolutely has within their authority to do 
this.
    Chairman Sensenbrenner. Is the gentleman arguing his 
amendment or arguing the point of order?
    Mr. Weiner. I am arguing the point of order.
    Chairman Sensenbrenner. The chair is prepared to rule.
    Mr. Weiner. Would it be your guidance, sir, that further 
argument is necessary or is not necessary?
    Chairman Sensenbrenner. The chair would never want to ever 
be accused of shutting the gentleman from New York up, but he 
is prepared to rule.
    Mr. Weiner. Mr. Chairman, let me just say in closing that I 
believe very strongly that this is a question of jurisdiction 
of this Committee, and it is also our moment to make it clear 
whether or not we believe in this.
    Chairman Sensenbrenner. The gentleman from California, Mr. 
Issa, raises a point of order that the amendment is not germane 
under rule X, which gives Committees of the House jurisdiction 
over various issues. Section 8(b) deals with the enforcement of 
the prohibition on Palestinian Authority representation in the 
United States. It gives specific duties to the Attorney General 
on how to enforce the provisions of this law.
    This Committee has the jurisdiction over all aspects of the 
Justice Department over which the Attorney General presides, 
and because this deals with both enforcement of the law which 
would require ultimately the Attorney General to file a suit in 
an appropriate Federal court as well as duties placed upon the 
Attorney General, the chair feels that the amendment offered is 
within the jurisdiction of the Committee and overrules the 
point of order.
    The question is on the amendment offered by the gentleman 
from New York, Mr. Weiner. Those in favor will say aye. 
Opposed, no. The ayes appear to it have it. The ayes have it, 
and the amendment is agreed to.
    Are there further amendments?
    Ms. Jackson Lee. I have an amendment at the desk.
    Chairman Sensenbrenner. The gentlewoman from Texas.
    The Clerk will report the amendment.
    Ms. Jackson Lee. I believe the amendment is amendment 253.
    The Clerk. Amendment to H.R. 4681----
    Mr. Smith. Mr. Chairman, I receive a point of order.
    Mr. Sensenbrenner. Point of order is reserved by the 
gentleman from Texas. The Clerk will continue to read.
    The Clerk. Offered by Ms. Jackson Lee of Texas. Page 10, 
after line 3, insert the following new subsection (f), 
additional requirements, the President shall establish and 
implement procedures to allow the government of Israel an 
opportunity to submit evidence----
    Chairman Sensenbrenner. Without objection the amendment is 
considered as read and the gentlewoman from Texas is recognized 
for 5 minutes.
    [The amendment follows:]
      
      

  


    Ms. Jackson Lee. I thank the distinguished Chairman. We 
know that the Palestinian Anti-Terrorism Act follows the same 
line of thinking as H.R. 575, a resolution asserting that the 
foundation for the Israeli-Palestinian peace process was 
Palestinian recognition of Israel's right to exist and a solemn 
obligation to end terrorism and violence.
    The provisions that we have jurisdiction over as a Member 
of the Judiciary Committee speaks directly to an opportunity 
for additional information to be had. As currently written, the 
bill directs the President to submit a certification to the 
Congress on the status of the Palestinian Authority's 
involvement with terrorism, its recognition of Israel's right 
to exist, and that the Palestinian Authority has made 
demonstrable progress to improve security services and 
defeating internal terrorism. Every 6 months thereafter, the 
President is also to submit a recertification explaining the 
status of these items.
    My amendment contributes language to allow the government 
of Israel an opportunity to submit evidence on whether 
certification or recertification is warranted. As a vital 
regional stakeholder, a partner of peace with the United States 
and a democracy with demonstrated intelligence gathering, 
Israel is an expert. Allowing the government of Israel the 
opportunity to contribute evidence on this matter provides the 
President with additional advisory counsel as well an as 
opportunity to strengthen relations with Israel.
    Maybe we can finally have an opportunity as well to all get 
along. Maybe in the course of negotiations between Israel and 
the Palestinian Authority, Israel might offer as well evidence 
that peace is on the way.
    And so I believe any opportunity for diplomacy, any 
opportunity for discussion, any opportunity for input should be 
allowed, and I ask my colleagues to support the amendment.
    Chairman Sensenbrenner. Does the gentlewoman yield back?
    Ms. Jackson Lee. I yield back.
    Chairman Sensenbrenner. Does the gentleman from Texas 
insist upon his point of order?
    Mr. Smith. Yes, I do.
    Chairman Sensenbrenner. The gentleman will state his point 
of order.
    Mr. Smith. Mr. Chairman, this amendment is not germane 
because the certification process to which it refers regarding 
Israel is outside the Committee's jurisdiction as determined by 
its grant of referral. I will yield back balance of my time.
    Chairman Sensenbrenner. Does the gentlewoman from Texas 
wish to respond?
    Ms. Jackson Lee. I do, Mr. Chairman. As we well know in 
this Committee, we are apt to be able to waive points of order, 
but I would suggest that the certification process goes very 
comfortably with the idea of the visa certification process and 
that in fact it is a legitimate basis, and I would ask the 
Chairman for his consideration of the validity of this 
amendment. I yield back.
    Chairman Sensenbrenner. The chair is prepared to rule. The 
amendment proposed by the gentlewoman from Texas, Ms. Jackson 
Lee, proposes to amend section 620(k)(3), which contains the 
definition section that says in part in this subsection the 
determined appropriate congressional Committees means the 
Committee on International Relations and the Committee on 
Appropriations of the House of Representatives.
    This deals with withholding of foreign assistance. The 
amendment proposes the statutory scheme where a foreign 
government, in this case the government of Israel, would be 
able to forward information to the President. This is clearly 
not within the jurisdiction of this Committee, and consequently 
the chair sustains the point of order.
    Are there further amendments?
    Ms. Jackson Lee. I have an amendment at the desk.
    Chairman Sensenbrenner. The Clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 4681.
    Mr. Smith. Mr. Chairman, I reserve a point of order.
    Chairman Sensenbrenner. Point of order is reserved. The 
Clerk will continue to read.
    The Clerk. Offered by Ms. Jackson Lee of Texas. Page 20, 
after line 22, insert the following new subsection, section 
(c), additional requirement, the President shall establish and 
implement a procedure for aliens denied a visa under subsection 
to submit evidence to show a waiver is warranted. The decision 
on whether to grant a waiver is not reviewable.
    [The amendment follows:]
      
      

  


    Chairman Sensenbrenner. The gentlewoman is recognized for 5 
minutes.
    Ms. Jackson Lee. I thank the distinguished Chairman and 
Ranking Member. I hold in my hand a humanitarian request for 
Palestinian Americans here in the United States to offer 
humanitarian assistance to the Palestinian people who, of 
course, in many instances are innocent of government 
leadership. My amendment says, in section 6, the bill provides 
for the denial of visas for officials of the Palestinian 
Authority if certification as described in section 2 of this 
bill and requiring the Palestinian Authority to recognize 
Israel's right to exist, denounce terrorism, break down 
terrorist-supporting infrastructure. The denial of a visa is 
tempered with the President's ability to issue a visa if the 
President determines that it is vital to the national security 
initiative of the United States.
    My amendment, remaining consistent with the State 
Department's visa policy and not in any way diluting the 
President's responsibility, simply requires the President to 
establish and implement a procedure for those denied a visa 
under this provision to submit evidence to show that a waiver 
is warranted, so if there is a humanitarian basis that is 
necessary for visas to be extended, for there to be a medical 
emergency that individuals need to secure our humanitarian 
assistance, there is an opportunity for this evidence to be 
presented.
    I close by simply saying, as this legislation makes its way 
to the floor, it is important that we realize there will be 
innocent victims of this statement we will be making by the 
United States Congress. I would hope that in the course of the 
debate that we would recognize the importance of humanitarian 
aid and the humanitarian needs of those who may be able to 
secure a visa or others who wish to. With that, I ask my 
colleagues to support this amendment.
    Chairman Sensenbrenner. Does the gentleman from Texas 
insist on his point of order?
    Mr. Smith. Mr. Chairman, I do not, and I will withdraw the 
point of order.
    Chairman Sensenbrenner. The chair recognizes himself in 
opposition to the amendment. The chair will be very brief. This 
amendment undermines Presidential authority and accountability 
in the White House. The text of the bill on page 20 says that 
if the President determines and certifies to the appropriate 
congressional Committees, that means us, on a case-by-case 
basis that the issuance of a visa to an alien described in such 
subsection is important to the national security interests of 
the United States, then a waiver should be granted.
    What the amendment proposed by the gentlewoman from Texas 
proposes to do is to allow the President to kick this down to a 
bureaucrat. Seems to me, if the President does want to bring 
somebody from the Palestinian Authority and someone who is 
affiliated with Hamas, he ought to take the responsibility 
himself and tell us why the waiver should be granted.
    This amendment will allow the President to dodge the bullet 
and say that some bureaucrat did it, and I don't think that is 
a good idea. I hope it is defeated.
    I yield to the gentleman from New York, Mr. Weiner.
    Mr. Weiner, I was told you would like--I yield back balance 
of my time.
    The gentleman from New York, Mr. Nadler.
    Mr. Nadler. Mr. Chairman, I rise in opposition to this 
amendment. I don't see the point of it, frankly. The bill says 
that a visa should not be issued to any person who is an 
official of, affiliated with or serving as a representative the 
Palestinian Authority. You are not talking about thousands of 
people; you are talking about official representatives of the 
Palestinian Authority.
    It then gives the President the authority to issue a waiver 
on a case-by-case basis as long as he tells the congressional 
Committee why. That certainly implies that the President is 
entitled to receive any evidence as to why he should give a 
waiver.
    I don't see why you need a special amendment to say that he 
shall establish and implement the procedure for these aliens to 
submit evidence to show that a waiver is warranted. There is 
already a provision that he can grant waivers. Obviously, if 
someone thinks someone is affiliated with the Palestinian 
Authority and can get a waiver, he will ask for it and submit 
whatever evidence, and the President or the President's people 
will make a judgment on that.
    This amendment, frankly, I don't understand what it does. 
It may imply that, under the current law as written, there is 
no authority for a Palestinian who is affiliated with the 
Palestinian Authority who wants a waiver to submit a request 
and the supporting documents to it, which I think is 
ridiculous.
    Ms. Jackson Lee. Would the gentleman yield?
    Mr. Nadler. Obviously, the President would consider or not 
consider as he deems fit. I don't see the point of this 
amendment, and I oppose it.
    Ms. Jackson Lee. Would the gentleman yield?
    Mr. Nadler. Yes.
    Ms. Jackson Lee. I thank the gentleman very much. I 
appreciate the comments being made, and I want to appreciate 
the fact that the gentleman did yield. I asked to be yielded to 
before.
    Let me just say that there is a basis of this amendment. It 
gives the person denied a visa the right to ask for it through 
presenting evidence. I think it is an important point. I want 
to further discuss it and work on this issue.
    I offered an example of a letter that I had in my hand that 
suggested an interest in humanitarian aid. That is a separate 
issue that I didn't bring to this Committee.
    But I think there are overlapping concerns. We want 
fairness on all sides. And this does not diminish the power of 
the President. It allows the denied visa recipient to be able 
to present evidence and to ask for a visa.
    Mr. Nadler. Reclaiming my time.
    Ms. Jackson Lee. May I finish by saying, with that in mind, 
I want to work on this issue, and I ask unanimous consent to 
withdraw the amendment.
    Chairman Sensenbrenner. Amendment is withdrawn.
    Are there further amendments?
    The gentlewoman from California, Ms. Waters, for what 
purpose do you seek recognition?
    Ms. Waters. I move to strike the last word.
    Chairman Sensenbrenner. The gentlewoman is recognized for 5 
minutes.
    Ms. Waters. I am sorry, I have an amendment at the desk, 
Mr. Chairman.
    Chairman Sensenbrenner. Okay. The Clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 4681, as reported by the 
Committee----
    Mr. Smith. Mr. Chairman, I will reserve a point of order.
    Chairman Sensenbrenner. Point of order is reserved.
    The Clerk. Offered by Ms. Waters of California. In section 
8, redesignate subsections (b) and (c) as subsections (c) and 
(d), and insert after subsection (a), the following, subsection 
(b), Sudan, (1) 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 
other than a mission to the United Nations at the behest or 
direction of, or with funds provided by the government of Sudan 
during any period for which a certification described----
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read and subject to the point of order being 
reserved, the gentlewoman from California is recognized for 5 
minutes.
    [The amendment follows:]
      
      

  


      
      

  


      
      

  


    Ms. Waters. Thank you very much.
    Mr. Chairman and Members, I have a real appreciation for 
Mr. Weiner's amendment because it is one thing to have 
sanctions, it is one thing to talk about certification, but we 
really do have to have some kind of enforcement and 
accountability.
    We all supported H.R. 3127. That basically was the bill 
that created sanctions against the Sudanese government that is 
basically responsible for the genocide in Darfur. We have all 
worked very, very hard, and this entire Congress has been 
involved in all kinds of efforts. We have had so many Members 
that have traveled to the Sudan, who have been to Darfur. They 
have tried to convince the Sudanese government to stop the 
genocide.
    On my visits there, a codel that we took where we met with 
a number of the members of the Sudanese government, they 
admitted to us that they had given support to and supplied the 
Janjaweed, and the Janjaweed is basically responsible for the 
genocide, carrying out the genocide.
    My bill would somewhat mirror Mr. Weiner's--my amendment 
would somewhat mirror his amendment and basically create some 
enforcement opportunities for the sanctions that we have placed 
in law under 3127.
    I would ask not only that the Members of this Committee 
would support my amendment but, hopefully, that they too would 
all be involved in helping us to eliminate the genocide that is 
going on and has gone on for so long up in the Sudan.
    Mr. Weiner. Would the gentlelady yield?
    Ms. Waters. I would yield.
    Mr. Weiner. I rise in support of the amendment. Again, it 
is an effort, ability for us to enforce some of the language 
that we have gone on record on here. It provides the full point 
of the sword to make it clear how serious we are about what is 
going on in Darfur and also how serious we are about enforcing 
previous efforts of this Congress. And I support the 
gentlelady's amendment, and I yield back.
    Ms. Jackson Lee. Would you yield? Let me thank the 
gentlelady for the strength of this amendment, and it is 
unfortunate that earlier amendments were again attacked by 
germaneness, but I think that this amendment has merit and so 
did the previous amendment on this issue had merit, and 
unfortunately, they are both--well, the previous one was ruled 
out of order.
    I hope that we can see the intertwining of these two issues 
and understand the crisis in Sudan, and it needs that kind of 
response.
    I yield back.
    Chairman Sensenbrenner. Does the gentleman from Texas 
insist upon his point of order?
    Mr. Smith. Yes, Mr. Chairman, I do.
    Chairman Sensenbrenner. State your point of order.
    Mr. Smith. Mr. Chairman, regardless of the merits or 
demerits, this amendment is not germane because it is not 
directly related to any of the subjects that are actually 
mentioned in the bill itself. I will yield back.
    Chairman Sensenbrenner. Chair is prepared to rule. The 
gentleman from Texas has made a point of order that the 
amendment is not germane. The amendment is not germane for two 
reasons: First, the amendment proposes to deal with a different 
class, meaning the activities of the government of Sudan, than 
the class in the base bill, which is the activities of the 
Palestinian Authority.
    Secondly, it is clear that the subject matter of the 
amendment deals with or falls within the jurisdiction of the 
Committee on International Relations and, under rule X, is not 
within the jurisdiction of the Judiciary Committee, so for both 
of these reasons, the chair sustains the point of order.
    Are there further amendments? If there are no further 
amendment, a reporting quorum is present. The question is on 
reporting the bill, H.R. 4681, favorably, as amended. Those in 
favor will say aye--excuse me, strike that. Without objection, 
the version of the bill reported by the International Relations 
Committee, laid down as the base text, is adopted as amended.
    Now the chair declares a reporting quorum is present. The 
question occurs on the motion to report the bill, H.R. 4681, 
favorably, as amended. All those in favor will say aye. 
Opposed, no. The ayes appear to have it. The ayes have it, and 
the motion to report favorably is agreed to.
    Without objection, the bill will be reported favorably to 
the House in the form of a single amendment in the nature of a 
substitute incorporating the amendments adopted here today. 
Without objection, the staff is directed to make any technical 
and conforming changes, and all Members will be given 2 days as 
provided by the House rules in which to submit additional 
dissenting supplemental or minority views.
    The chair thanks all of the Members for their patience, and 
the agenda set forth in the notice of this markup has been 
completed, and without objection, the Committee stands 
adjourned.
    [Whereupon, at 12:50 p.m., the Committee was adjourned.]

                                  
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