109th CONGRESS
2d Session

S. 2237

To withhold United States assistance from the Palestinian Authority until certain conditions have been satisfied.

IN THE SENATE OF THE UNITED STATES

February 1, 2006

Mr. SANTORUM (for himself, Mr. NELSON of Florida, and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

A BILL

To withhold United States assistance from the Palestinian Authority until certain conditions have been satisfied.

    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 Compliance Act of 2006'.

SEC. 2. FINDINGS.

    Congress makes the following findings:

      (1) Harakatu I-Mujawamati I-Islamiya, which translated in English means the `Islamic Resistance Movement', was founded in Gaza by Sheikh Ahmad Yassin.

      (2) The Islamic Resistance Movement, also known as `Hamas' has been designated as a Foreign Terrorist Organization by the Secretary of State.

      (3) The Hamas resistance movement, which evolved from the Muslim Brotherhood in 1987, won 74 seats of the 132-seat legislature in the January 26, 2006, Palestinian parliamentary elections.

      (4) Hamas, which has been designated by the Governments of the United States, Canada, and Israel and by the European Union as a terrorist organization, has carried out hundreds of terrorist attacks, which have killed hundreds of civilians and injured thousands more.

      (5) In 2001, the United States Government, under the authority of Executive Order No. 13224 (50 U.S.C. 1701 note; prohibiting transactions with persons who support terrorism), blocked the assets of 3 entities, The Holy Land Foundation for Relief and Development, Beit al-Mal Holdings, and Al-Aqsa Islamic Bank, because these entities were providing financial and material support to Hamas.

      (6) Article 11 of the Hamas charter states the following: `The Islamic Resistance Movement believes that the land of Palestine is an Islamic Waqf consecrated for future Moslem generations until Judgement Day. It, or any part of it, should not be squandered: it, or any part of it, should not be given up. Neither a single Arab country nor all Arab countries, neither any king or president, nor all the kings and presidents, neither any organization nor all of them, be they Palestinian or Arab, possess the right to do that. Palestine is an Islamic Waqf land consecrated for Moslem generations until Judgement Day.'.

      (7) Article 13 of the Hamas charter states, `There is no solution for the Palestinian question except through Jihad. Initiatives, proposals and international conferences are all a waste of time and vain endeavors.'.

      (8) Hamas receives financial support from the Islamic Republic of Iran, a state sponsor of terrorism, as well as charitable donations and remittances from Arab expatriates and commercial enterprises.

      (9) Hamas has a budget estimated at $70,000,000, with 85 percent of these funds coming from outside sources.

      (10) According to the Israel Defense Forces, Hamas has killed nearly 300 and wounded over 2,000 Israeli citizens since September 2000.

      (11) According to the Office of the Coordinator for Counterterrorism of the Department of State, in 2003 and 2004, terrorist attacks by Hamas, the Palestinian Islamic Jihad (PIJ), the al-Aqsa Martyrs Brigade, and the Popular Front for the Liberation of Palestine (PFLP) killed almost 300 people in Israel, the West Bank, and Gaza.

      (12) Section 550(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2217) provides, `None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority.'.

SEC. 3. PROHIBITION OF FINANCIAL ASSISTANCE TO THE PALESTINIAN AUTHORITY.

    Section 550 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2217) is amended by striking subsection (b) and inserting the following:

    `(b) Waiver- The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives and the President Pro Tempore of the Senate that the Palestinian Authority has--

      `(1) denounced terrorism and expressed a commitment to combating terrorism;

      `(2) committed to disarming terrorists and disarming and dismantling terrorist networks, groups, and entities;

      `(3) committed to eliminating the incitement of terrorism and the commemoration of terrorists in Palestinian society;

      `(4) pledged to uphold the human rights, civil liberties, and religious liberties of the Palestinian people;

      `(5) recognized Israel's right to exist and taken appropriate steps to amend `The Covenant of the Islamic Resistance Movement' dated August 18, 1988, to delete statements that are hostile to Israel and that support the use of violence;

      `(6) renounced the use of violence as a means to resolve disputes between entities; and

      `(7) committed to prosecuting those individuals, entities, and organizations that have committed acts of terrorism.'.

END