[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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