[Congressional Record Volume 170, Number 8 (Tuesday, January 16, 2024)]
[Senate]
[Pages S113-S117]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MOTION TO DISCHARGE--S. RES. 504
Mr. SANDERS. Madam President, under section 502B of the Foreign
Assistance Act of 1961, I move to discharge the Committee on Foreign
Relations from further consideration of S. Res. 504.
The PRESIDING OFFICER. The clerk will report the motion.
The senior assistant legislative clerk read as follows:
Motion to discharge from the Committee on Foreign
Relations, S. Res. 504, a resolution requesting information
on Israel's human rights practices pursuant to section
502B(c) of the Foreign Assistance Act of 1961.
Mr. SANDERS. Madam President, I ask unanimous consent that the
following Senators be permitted to speak prior to the vote: Senator
Sanders for up to 25 minutes, Senator Merkley for up to 5 minutes, and
Senator Cardin for up to 5 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SANDERS. Madam President, let me apologize to my colleagues for
being late. It turns out today was not a great day to travel by plane.
I thank the leadership for delaying the vote as well.
We will soon be voting on a resolution requesting information on
Israel's human rights practices under section 502B(c) of the Foreign
Assistance Act.
There has been some confusion as to what this resolution does and
does not do. I would like to say a few words about why it is critical
that this resolution come to the floor, why it is imperative that this
resolution be passed, imperative that we have this debate and recorded
vote, and why Congress must have the information requested in this
resolution.
Very sensibly, the Foreign Assistance Act of 1961, as amended,
requires that any security assistance or military equipment provided by
the United States of America to any country must be used in line with
internationally recognized human rights. This is not a radical idea and
something I hope that we all agree with. This act prohibits assistance
to any government that engages in a consistent pattern of human rights
violations.
This is U.S. law established over 50 years ago--not a new idea. The
act also provides Congress with several oversight tools to ensure that
this law is followed. One such tool is section 502B(c), which allows
Congress to direct the State Department to provide information on the
human rights record of any country--any country--receiving U.S.
military assistance.
That is what this resolution does, in line with 50-year-old existing
law. It directs the State Department to provide any credible
information it may have on potential violations of internationally
recognized human rights by Israel in its military campaign in Gaza.
It focuses on the denial of the right to life caused by
indiscriminate or disproportionate military operations as well as by
restrictions on humanitarian access.
It also asks for information on steps the United States has taken to
limit civilian risk in this war, a certification that the Leahy laws
are being fully applied, and a summary of the arms and munitions
provided to Israel since October 7.
This is a simple request for information. That is all this resolution
is about. It does not alter aid to Israel in any way; it simply
requests a report on how U.S. aid is being used. This is a very modest,
commonsense proposal, and, frankly, it is hard for me to understand why
anyone would oppose it.
So we will soon be voting on a very simple question: Do we support
asking the State Department for information on whether human rights
violations may have occurred using U.S. assistance in Israel's military
campaign? That is it. That is what this resolution is about. It is
noncontroversial, and it should be passed in large numbers. This is not
the case today. We don't have the information.
The State Department will provide a report. The information requested
in this resolution is straightforward to provide--not hard for the
State Department--and it is critical to congressional oversight. The
State Department should have it readily available, as required under
current U.S. law and policy. Further, in the highly unlikely event the
30-day deadline is not met by the State Department, the law allows
Congress to pass a measure continuing aid. After the report is
received, Congress may then consider any changes it deems necessary for
security assistance to the country in question. Any such resolution
must pass both Houses of Congress and be signed by the President.
But, again, what we are voting on today is simply a request for
information. Let me say a few words as to why this resolution is
necessary, and these rather horrific photographs behind me I think say
it all.
First, it is necessary because of the scale of the destruction in
Gaza, the indiscriminate nature of the military campaign, the
humanitarian catastrophe that is now occurring, and the limits on
humanitarian access--food, water, medical supplies, and fuel.
Second, because of the extensive use of U.S. weapons in attacks that
have killed thousands of civilians. Much of the destruction that has
taken place in Gaza has been done with U.S. weapons.
Thirdly, I am concerned about the implications of some of the very
extreme statements and unclear intentions coming out of the Netanyahu
government.
(Mr. WARNOCK assumed the Chair.)
It has been more than 100 days since this war began with the horrific
Hamas terrorist attack which killed 1,200 innocent men, women, and
children in Israel, and which took more than 200 hostages, over 100 of
whom are still cruelly being held in captivity as of today.
While there is no question in my mind that Israel has the right to
defend itself and go to war against Hamas, who started this terrible
situation, Israel does not have the right to go to war against the
entire Palestinian people, innocent men, women, and children in Gaza.
Tragically, that is what we are seeing right now.
As we all know, the military campaign being waged by the rightwing
Netanyahu government has led to massive destruction and widespread
civilian harm. This has been far and away the most intensive bombing
campaign of the 21st century. As President Biden has said repeatedly
and the press and human rights monitors have exhaustively documented,
this bombardment has been largely indiscriminate.
The results of this bombing campaign have been catastrophic, and I
underline the word ``catastrophic.''
Since October 7, the start of the war, over 24,000 Palestinians have
been killed by Israeli bombs and over 60,000 have been injured and
wounded. Seventy percent of these victims are women and children, and
it is believed that thousands more victims lie under the rubble of
destroyed buildings in Gaza.
Since the beginning of this war, 1.9 million Palestinian men, women,
and children have been driven from their homes. That is 85 percent--85
percent of the total population of Gaza has been forced out of their
homes. Where are they going? They have been driven here. They have been
driven there. They do not even know today whether they are ever going
to be able to return to their homes. These are impoverished people who
have no idea as to what their future is or will be.
Despite the sharing of coordinates with Israeli forces, 40 United
Nations facilities have sustained direct hits, 61 U.N. installations
have suffered collateral damage, and 150 U.N. workers have been
killed--150 U.N. workers have been killed.
United Nations reports that over 234,000 housing units have been
damaged and more than 46,000 homes completely destroyed in Gaza,
amounting to nearly 70 percent--70 percent--of the housing stock, a
figure confirmed by academic analysis of satellite radar data. That
means--and this is rather an incredible reality--that means that the
destruction of Gaza after 100 days has surpassed the destruction of
Dresden during World War II, where half the homes in that city were
destroyed, and is beyond the damage in dozens of
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other German cities subjected to years of bombing during World War II.
Today, not only are the vast majority of people in Gaza homeless, but
they lack food, water, medical supplies, and fuel. A recent U.N. report
indicates that half of the population of about 2.2 million people are
at risk of starvation, and 90 percent say they regularly go without
food for a whole day. Parents there go out of their way to make sure
their kids eat first.
The chief economist at the World Food Programme said that the
humanitarian disaster in Gaza was among the worst he had ever seen. Aid
groups say that in the coming weeks, the entire population of Gaza
could face famine.
Let us be clear. The reason as to why this resolution must be passed
today is that right now, right now as we speak, hundreds of thousands
of children in Gaza, innocent children, are starving right before our
eyes. We cannot turn away. We must act.
Tragically, despite the efforts of the U.N. and others, despite the
growing humanitarian crisis we are seeing, the situation has actually
gotten worse in terms of getting aid to the people in need, to these
children. Aid groups say that humanitarian access actually deteriorated
in January compared to December. Trucks are crossing the border much
too slowly, much too few, but even these trucks can't go beyond the
immediate border area because the Netanyahu government won't let them
proceed in a way that is safe.
That is the situation as it stands today. Humanitarian workers who
have spent decades serving in war zones say that this catastrophe goes
beyond anything they have ever seen.
Let me repeat. This is not some tragedy taking place in Asia, in
Africa--God knows there are enough tragedies all over the world--but
this is a tragedy in which we, the United States of America, are
complicit. Much of what is happening, much of the bombardment and the
other actions that we are seeing now, is happening right now with U.S.
arms and equipment. In other words, whether we like it or not, the
United States is complicit in the nightmare that millions of
Palestinians are now experiencing.
The Wall Street Journal reported on December 1 that the United States
had provided at least 15,000 bombs and 57,000 artillery shells to
Israel, including more than 5,400 huge, 2,000-pound bombs that can
flatten entire neighborhoods. The Washington Post reported that in just
6 weeks after October 7, Israel dropped more than 22,000 American-
supplied bombs on Gaza--22,000 American-supplied bombs. CNN reported
that nearly half of these bombs were unguided, so-called dumb bombs.
So that is where we find ourselves at this moment. Mr. President,
24,000 Palestinians in Gaza are dead--70 percent are women and
children--and 60,000 have been wounded. Seventy percent of the housing
stock has been damaged or destroyed, and almost 2 million people are
trying to survive with inadequate supplies of food, water, medicine, or
fuel. And the humanitarian situation is getting worse by the minute.
Hundreds of thousands of beautiful children are facing starvation.
Given the scale of the destruction and the extensive use of American
arms, military equipment, in this campaign, Congress must act, and that
is why we must pass this 502B resolution. We must ensure that U.S. aid
is being used in accordance with international human rights and our own
laws.
A vote for this resolution is simply to request more information on a
tragic situation that the American people care about.
Go back home, I say to my colleagues--red State, blue State, purple
State--this issue, this suffering, is on the minds of the American
people.
That is all this resolution does.
Now a vote against this resolution--which I have a hard time really
understanding--it says: I don't want more information. I am going to
vote against this resolution. I don't want a report from the State
Department. I don't want to know how U.S. military aid in Israel is
being used. I don't want to know what responsibility the United States
may have for this humanitarian disaster. I want to keep my head in the
sand. I don't want to see what is going on.
And, frankly, no matter what your view on this terrible war may be--
agree with me; you don't agree with me--we cannot bury our eyes in the
sand.
The truth is that since that terrible day on October 7 when Hamas
attacked Israel, the Senate has had little meaningful debate on this
war, despite the horrific toll and the deep concerns of many Americans.
We have passed symbolic resolutions, but we have not considered a
single measure that grapples with the unprecedented destruction, the
humanitarian crisis, or the use of American weapons in a military
campaign that has left so many dead, wounded, and displaced.
Now, no matter what happens on this vote, I know that this will not
be the end of this debate. It is just the beginning.
And, finally, I would like to say a word about this resolution's
broader importance. Right now, we are focusing on Israel, as we should,
given the situation in Gaza. But, in general, what this provision does
is extremely sensible. It demands accountability as to how U.S.
military aid is used and whether the recipients of that aid abide by
international law and our own human rights standards. This is true for
Israel, for Saudi Arabia, and for any country that receives U.S.
military aid.
Frankly, I hope this vote is the first of many as we take a hard look
at how our military aid is being used.
Therefore, pursuant to 22 U.S.C. 2304 and in accordance with the
provisions of section 601(b) of the International Security Assistance
and Arms Export Control Act of 1976, I move to discharge the Committee
on Foreign Relations of the further consideration of S. Res. 504, a
resolution requesting information on Israel's human rights practices
pursuant to section 502B(c) of the Foreign Assistance Act of 1961.
The PRESIDING OFFICER. The Senator's request is already pending.
Mr. SANDERS. Mr. President, I reserve the balance of my time, and I
would yield the floor to Senator Merkley.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. MERKLEY. Mr. President, on October 7, Israel suffered a horrific
terrorist attack by Hamas. It echoes very much the impact that we felt
here in America on 9/11 when we suffered a horrific terrorist attack,
and it connected our hearts to the hearts of Israelis in a powerful
way. And, certainly, I completely supported and support now the cause
of Israel to go after Hamas to stop this terrorist threat. I fully
support the grief they feel with the hostages who remain and their
desire, their goal, to get those hostages free, and I know that the
United States has been working in partnership with Israel toward that
objective.
Tonight, we are further into that campaign, and we have before us a
request for a report from the administration through the exercise of
502B(c) on any potential violations of internationally recognized human
rights that may have occurred in this conflict--a request for a report
that would be due in 30 days.
And I am here tonight still supporting strongly Israel's right to go
after Hamas, but also saying that we have a responsibility to ask hard
questions about how a war is conducted--every war. And we weigh in on
human rights all around the world.
I cochair a commission that looks into China's abuses of human rights
in all kinds of dimensions, from Tibet to the slavery of the Uighur
population.
So why is this request for this information important? There are
three reasons. They all relate to the validity of targeting Hamas but
the invalidity--potential invalidity--of a strategy that also targets
the Palestinian people living in Gaza and understanding this dimension,
understanding it in terms of humanitarian aid, understanding it in
terms of the huge toll on civilians that the bombing has taken,
understanding it in terms of the dimension of displacement, where so
many--so many--have been displaced, driven toward the south, crowded
into Rafah, along the border with Egypt. So I am going to shortly
address--briefly address--each of those.
I was one of the first Members of this Chamber to call for an
immediate cease-fire and a massive influx of humanitarian aid because
of the enormous calamity that is occurring in Gaza with the strategy
that Israel is using of mass bombing and artillery shells. One aspect
of this is: How does
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one get humanitarian aid in to assist those innocent civilians who have
been so profoundly impacted?
So, earlier this month, Senator Van Hollen and I went to the Rafah
crossing on the border between Egypt and Gaza. We talked to the
governments. We talked to the international aid workers who work
through the United Nations--an alphabet soup of organizations. We
talked to the seasoned, seasoned individuals who have worked in war
conflict zones around this globe, and they all said that getting
humanitarian aid in is extraordinarily difficult for two reasons. And
the first of those reasons was that it is very hard to get preclearance
for the aid.
Trucks filled with food, water, and medical supplies were lined up
for miles in the desert, waiting to be granted entry into Gaza. A
truckdriver can wait more than a week, even when items are preapproved,
to get through the inspection.
The inspection serves the purpose of stopping dual-use items. That is
legitimate. But if it takes a week when aid is desperately needed, that
means people are greatly short of food, clean water, and medical
supplies.
And even when inspected and precleared, they could be rejected, and
when an item is rejected, the entire truck is rejected. And we saw a
warehouse filled with rejected items, including things like solar-
powered refrigerators for medical uses and water decontamination
supplies.
And then, if trucks are cleared to get in, it is very hard for them
to get in unless there is deconfliction. If there isn't deconfliction,
then the drivers risk driving and dying when a bomb or artillery shell
drops in their path. And, in fact, so many aid workers have been killed
and truckdrivers have been killed.
We know that, before the war, 500 trucks a day were able to get into
Gaza. And now, just last week, it was less than an average of 150
trucks when people are absolutely desperate.
So there is the possibility and the hope of the United States working
intensely with Israel to dramatically change this situation and to get
those trucks into Gaza. But there is also the value of having a report
from our government, understanding to which degree they have already
worked with Israel.
Mr. President, I ask to complete the balance of my remarks.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. MERKLEY. Thank you.
Mr. CARDIN. Mr. President, could we just have an estimate of how much
longer the Senator is going to be?
Mr. MERKLEY. An estimate of 5 minutes.
Mr. CARDIN. I would not object to 5 minutes.
Mr. MERKLEY. Mr. President, so our government should work to solve
this problem. We have been working to solve it--so having a report
announced by our government: to what degree these strategies of a
dysfunctional inspection process and a dysfunctional deconfliction
process are a part of a deliberate strategy to create and intensify the
shortage of food and water and medical assistance.
The second concern I have is about the bombing and artillery shells
which our President has described as an indiscriminate campaign of
bombing. We all understand that this terrible attack from Hamas--and
Hamas is the enemy. But the Palestinians who live in Gaza and are not
part of Hamas, they did not attack Israel. They are not the enemy, and
thus it is essential that Netanyahu's government's war strategy against
Hamas actually targets Hamas and not innocent Palestinians.
It is estimated that two-thirds of the people killed--two-thirds
killed--have been women and children. That is some 8,000 children and
8,000 women. It is a massive toll.
So a report under 502B(c) would be valuable in understanding this
strategy. And we are closely tied to it, which is another reason we
should want this information. We have supplied over 10,000 tons of
military equipment since October 7. We have included 15,000 bombs and
57,000 artillery shells.
It would be useful to have our own government analyze this and
understand why we are supplying the very weapons that our government
has said Israel should quit using and do a more targeted campaign.
That is the goal of 502B(c): to get a report, to get answers.
My third concern is the displacement. The widespread bombing has
produced some 85 percent of the people displaced in Gaza. A leaked
Israeli Intelligence Ministry paper said that there are three options,
and option C is the preferred option, involving an air campaign in the
north, driving people to the south, hopefully displacing them into the
Sinai. That has a spooky similarity to the facts on the ground.
And, of course, such a displacement strategy has been called out by
some Ministers of the Israeli Government, one of them calling for
exactly that strategy, saying: We want a Gazan Nakba, that people will
not be able to return.
So we have a government paper. We have the testimony by Ministry
officials that that was their goal.
Is that their goal? The Government of Israel has now adamantly said
that is not their goal.
That is useful to have our government's best understanding because we
should never be complicit in a displacement campaign, if that is, in
fact, what is going on.
So, colleagues, we look at conditions around the world, and,
normally, it is folks we have little relationship with--although
sometimes we have a relationship with them, but it is an ``on and off
again,'' like the situation we have with Saudi Arabia. In this
situation, it is our friend and partner that we have worked so closely
with, and it may feel awkward and difficult to say we need to take a
close look.
But when there has been this level of casualties and we are this
closely tied to it, it is the right thing to do to get the type of
information that would come through this request. I encourage my
colleagues to support it.
Mr. RISCH. Mr. President, I rise in opposition.
Israel is a long and close ally. And it remains the only democracy in
the Middle East. This resolution is a blatant effort to undermine
Israel's right to self defense. Let us not forget the facts. Israel has
experienced the deadliest massacre of Jews since the Holocaust and the
largest hostage crisis--including Americans--since 1979.
The Obama and Biden administrations' failed policies toward the
Iranian regime have allowed billions in resources to flow to Iran's
terror proxies, including Hamas. We cannot ignore bad U.S. policy that
helped create this mess and then sideline our support for the ally who
must deal with their consequences.
Instead, this resolution doubles down on those failed policies and
represents a troubling Democrat trend: chide our closest allies and
fail to confront our most dangerous adversaries. Hamas and Iran are our
enemies, not Israel. It is Iran that provides Hamas with weapons,
training, and intelligence. It is Hamas that chose to rampage across
the border, killing over 1,200 Israelis and 13 Americans. It is Hamas
that kidnapped over 240 innocent people for leverage.
It is Hamas that hides its warfighting capability under hospitals,
mosques, and other protected sites. And it is Hamas that uses human
shields, including women and children. Where is the outrage for this
behavior? I find the silence deafening.
I encourage my colleagues across the aisle to focus on Iran, Hamas,
and our adversaries and oppose this misguided resolution.
Mr. VAN HOLLEN. Mr. President, in the aftermath of the horrific
October 7 terrorist attack, Israel not only has the right, but also a
duty to its people, to defend itself and pursue the objectives of
ending the military threat posed by Hamas and returning all the
hostages unharmed. I support those goals and therefore do not and would
not support a resolution to terminate all U.S. military assistance to
Israel.
That is why I would like to begin by making clear what S. Res. 504 is
not about. It is not about cutting off U.S. security assistance to
Israel. Anyone who says otherwise has not read the resolution.
So what does this resolution do? The very first line of the
resolution states that its purpose is ``requesting information on
Israel's human rights practices.'' The resolution goes on to seek
information on ``alleged violations of internationally recognized human
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rights,'' including violations related to Israel's military operations
and the ``denial of basic humanitarian needs'' like food, water,
medical care, fuel, and shelter.
While these are not simple questions, the resolution simply asks
questions. And while I understand that some may be uncomfortable asking
questions about the conduct of a close partner, we have a duty to the
American taxpayers to get the facts. Israel is the largest annual
recipient of U.S. security assistance, totaling more than $39 billion
over the past 10 years alone. The United States is not a bystander to
this conflict, and the American people deserve honest answers about how
our assistance is being used. The report should provide a full picture
of what is happening, including how Hamas's despicable tactic of hiding
among the civilian population impacts the prosecution of the war and
any other information that the administration deems important.
As I have repeatedly said, Israel's war against Hamas is just, but it
must be waged justly. President Biden, Secretary Blinken, and officials
across the Biden administration have also made this point clear. For
example, Secretary Blinken has repeatedly stated that the ``daily toll
on civilians in Gaza, particularly children, is far too high'' and
called upon the Netanyahu coalition to put a ``clear plan in place that
puts a premium on protecting civilians'' and to get ``more humanitarian
assistance to people who so desperately need it in Gaza.''
These entreaties have been rebuffed time and time again by Prime
Minister Netanyahu and his ultra-extremist coalition that includes the
likes of Bezalel Smotrich and Itamar Ben-Gvir. Despite statements from
the Israeli Defense Forces that their operations have shifted to a more
``targeted phase,'' there were still between 112 to 151 Palestinians
reportedly killed in Gaza each day last week. This truth is only
underscored by the Sunday Washington Post headline: ``Despite U.S.
pressure on Israel, casualty count in Gaza remains high.''
The death toll has now reached over 24,000, two-thirds of them women
and children, with another 60,000 wounded. Meanwhile, the humanitarian
catastrophe is getting worse, not better. The Netanyahu government
initially declared a full siege of Gaza and then, for months, refused
to open the main Kerem Shalom crossing. It still refuses to open the
northern Erez crossing to get assistance to the desperate people
trapped there. Indeed, the water pipeline to northern Gaza has been
shut off since October 7.
I visited the Rafah crossing about 10 days ago and witnessed the many
obstacles to getting more aid to over 2 million people in desperate
need. People in Gaza are on the verge of starvation, children are
having limbs amputated without anesthesia, sewage is piling up in the
streets, and waterborne diseases have broken out. International NGOs
who have operated in conflict zones for decades have said they have
never witnessed a humanitarian disaster as terrible as Gaza.
It is painfully evident that there is a big gap between what U.S.
officials have requested of the Netanyahu government and the actions
taken by his coalition. This further justifies why we need answers from
the administration to the fundamental questions posed by this
resolution. We owe it to American taxpayers to better understand how
the support we have provided is being used. Some of the very questions
raised in this resolution are those we have already sought answers to.
While I appreciate the dialogue we have had with members of the
administration about the situation in Gaza, to date, we have received
no written responses to our letters on the conflict.
If this resolution were to be adopted, the process under section
502B(c) of the Foreign Assistance Act of 1961 gives the Biden
administration 30 days to answer the questions posed. That statute
requires the report within 30 days and the only reason for the
timetable set forth in statute is to ensure that the Senate gets those
answers within a reasonable timeframe. It is simply not credible to say
that the Biden administration would fail to meet that deadline and
trigger a cut-off of assistance.
Concerns have been raised that, if passed, and once the
administration submits the required report within 30 days, the
underlying statute, 502B(c) of the Foreign Assistance Act, allows any
Senator to file a subsequent resolution to cut off security assistance
provided to Israel under the Foreign Assistance Act. While it is worth
noting that such a resolution would not apply to air defense systems
authorized under the National Defense Authorization Act, like the Iron
Dome systems, I would oppose such a blanket attempt to cut off
assistance under the Foreign Assistance Act.
I do believe that the United States should require all recipients of
U.S military assistance to abide by certain principles and meet certain
standards. That is why Senators Kaine, Schatz, Durbin, and I, together
with ten of our Senate colleagues, have proposed an amendment to
President Biden's national security supplemental request that would
apply equally to Ukraine, Israel, and any other recipient of such
assistance and require that each recipient: No. 1, use any U.S. weapons
provided with these funds in accordance with international humanitarian
law; No. 2, cooperate with U.S. efforts to provide humanitarian
assistance in conflict zones where U.S.-provided weapons are being
used; and No. 3, submit a report to the Congress on the extent to which
these standards are being met and the extent to which the recipients
have adopted U.S. policies and mechanisms to reduce civilian casualties
in conflict. These standards and simple accountability measures should
apply to all recipients of U.S security assistance worldwide, and I
will be pressing further on this issue when the Senate takes up
President Biden's supplemental request.
For now, the business before the Senate is S. Res. 504, and I see no
reason to oppose a measure requiring a report seeking facts and
information. We have a duty to the American people to get answers to
the questions set forth in this resolution.
Mr. WELCH. Mr. President, I support this resolution and appreciate
the leadership of my good friend, the senior Senator from Vermont.
Section 502B of the Foreign Assistance Act is an important and long
underutilized tool. It provides a practical mechanism to focus
attention on serious human rights concerns around the world. These
concerns should matter deeply to every Member of Congress and every
American.
There are some who may not support asking the State Department to
provide the information called for in this resolution. That is
unfortunate. The Senate should be asking the hard questions, especially
when fundamental rights and thousands of innocent lives are at stake.
Though there are clauses in the resolution I believe could be more
effective if drafted differently, that is the nature of the legislative
process.
The people of Gaza are in the midst of a humanitarian catastrophe.
The amount of death and destruction is staggering. An estimated 10,000
children have been killed and many more likely buried under rubble. The
United Nations and other humanitarian relief organizations have warned
of widespread starvation if the amount of food, potable water,
medicines, and other necessities of life getting into Gaza is not
drastically increased in the coming days.
Differences regarding this resolution and the conduct of the war
aside, we have a shared responsibility to do whatever we can to save
the lives of the 2 million men, women, and children who have been
displaced in Gaza and are now completely dependent on international
aid. That should be our immediate priority, and I look forward to
working on this with other Members of Congress, the State Department,
USAID, the United Nations, and other relief organizations in the coming
days and weeks. The PRESIDING OFFICER. The Senator from Maryland.
Mr. CARDIN. Mr. President, I have a great deal of respect for my two
colleagues. I think every one of us is concerned about what we see in
regards to the crisis in Gaza, what we see in regards to the need for
humanitarian assistance for innocent Gazans being caught in this
battle. But the resolution that is being presented here today is the
wrong vehicle to deal with this issue.
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So let me start by saying that the resolution does a lot more than
requesting information. For the information from those partners that
get security assistance from the United States, the State Department
today must provide the information of their compliance with our laws.
That report is already required for all recipients of security aid.
What this resolution requires is a report within 30 days on specific
issues concerning conduct in Gaza, and it is very specific as to what
the State Department must provide. I will just give you one example,
and there are many, many other examples here. They have to certify that
no unit of Israel security forces that received U.S. assistance since
January 1, 2018, has committed any gross violation of human rights. Now
they have got to do that within 30 days or aid is suspended. And once
they give a report, it triggers privileged resolutions on this floor to
cut off aid to Israel.
I strongly disagree with my colleagues. 502B was never intended to be
used against an ally during a war. It has never been used for that
purpose. That is not the right vehicle to deal with this.
Mr. President, this is the 102nd day since Hamas's brutal attack
against Israel; 102 days that hostages have been held. Our thoughts and
prayers are with the hostages, and we all agree that Israel has the
right to defend itself.
The challenges are made much more difficult because they are going
against an enemy that has sworn to destroy the nation Israel and they
still believe that and they are still conducting themselves with a
threat to Israel's sovereignty and safety.
Missiles are still available to be shot into Israel. They are still
there in Gaza.
We know what the Houthis are doing in the Red Sea. We know what Iran
is doing in Iraq. We know the problems on Israel's northern border by
Hezbollah. Over 80,000 Israelis have had to evacuate their homes in
northern Israel; 100,000 in the southern part. There is a war going on,
and it is made much more difficult because Hamas, sworn to destroy
Israel, embeds its operations within the civilian population; has a
tunneling network to try to protect its military assets, making it very
difficult for Israel to be able to eliminate the threat.
At the same time, we know how much military might was in Gaza on
October 7. We were supposed to have had border security to make sure
that didn't get into Gaza. There was supposed to be inspections. It
didn't work.
I understand why the Israelis are concerned by the way in which the
supplies get into Gaza, because there is a concern of ill use and
supplying the terrorists in their efforts to destroy Israel. These are
all very challenging issues that we have to deal with.
Now, this resolution, as I said before, is much more than requesting
information. Its passage would be a gift to Hamas, a gift to Iran. It
would show a division between Israel and the United States. It is an
indictment against Israel, make no mistake about it. It makes it more
challenging with sensitive negotiations taking place, as we are here,
on additional hostages being released. It makes it more difficult for
us to deal with preventing the escalation of the conflict.
If Iran believes that the United States is not with Israel, believe
me, it makes it more likely we are going to see additional attacks in
that region.
The Biden administration is seeking to contain this conflict and not
to see it spread and grow out of control. It is pressing for a shift to
a more targeted campaign against Hamas military infrastructure and the
perpetrators of the October 7 attacks. It is pressing to get more
humanitarian assistance into Gaza. And, yes, we can and should continue
to position toward a targeted prosecution of the war against Hamas and
Gaza. But passing this resolution does not do that. In fact, I would
say, it is counterproductive to it.
Make no mistake, our passing the resolution triggers this. This is
not a resolution that goes to the House and is signed by the President.
If we pass this, the process is triggered to cut off aid to Israel
during war.
Motion to Table
For those reasons, Mr. President, I move to table the motion to
discharge S. Res. 504, and I ask for the yeas and nays.
Mr. SANDERS. Mr. President.
The PRESIDING OFFICER (Mr. Kelly). Is there a sufficient second?
There appears to be a sufficient second.
Mr. SANDERS. Mr. President.
The PRESIDING OFFICER. The yeas and nays are ordered.
Mr. SANDERS. I ask unanimous consent for 1 minute.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SANDERS. Mr. President, 24,000 Palestinians are dead, 70 percent
of whom are women and children, 70 percent of the housing stock has
been damaged or destroyed, and almost 2 million people are trying to
survive with inadequate supplies of food, water, medical supplies, or
fuel. And, as we speak, hundreds of thousands of children face
starvation.
The time is now for the U.S. Senate to act.
I ask for a ``no'' vote on the motion to table.
Vote on Motion to Table
The PRESIDING OFFICER. The question is on agreeing to the motion to
table.
The yeas and nays have previously been ordered.
The clerk will call roll.
The assistant bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Coons) and
the Senator from Hawaii (Mr. Schatz), are necessarily absent.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Wyoming (Mr. Barrasso), the Senator from Tennessee (Mrs.
Blackburn), the Senator from Arkansas (Mr. Boozman), the Senator from
Montana (Mr. Daines), the Senator from Iowa (Mr. Grassley), the Senator
from Tennessee (Mr. Hagerty), the Senator from Mississippi (Mrs. Hyde-
Smith), the Senator from Louisiana (Mr. Kennedy), the Senator from Utah
(Mr. Romney), the Senator from South Dakota (Mr. Rounds), the Senator
from Florida (Mr. Rubio), the Senator from Missouri (Mr. Schmitt), the
Senator from Alaska (Mr. Sullivan), the Senator from Alabama (Mr.
Tuberville), and the Senator from Mississippi (Mr. Wicker).
Further, if present and voting: the Senator from Montana (Mr. Daines)
would have voted ``yea,'' the Senator from Tennessee (Mr. Hagerty)
would have voted ``yea,'' and the Senator from Iowa (Mr. Grassley)
would have voted ``yea.''
The result was announced--yeas 72, nays 11, as follows:
[Rollcall Vote No. 8 Leg.]
YEAS--72
Baldwin
Bennet
Blumenthal
Booker
Braun
Britt
Brown
Budd
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Collins
Cornyn
Cortez Masto
Cotton
Cramer
Crapo
Cruz
Duckworth
Durbin
Ernst
Fetterman
Fischer
Gillibrand
Graham
Hassan
Hawley
Hickenlooper
Hoeven
Johnson
Kaine
Kelly
King
Klobuchar
Lankford
Lee
Lummis
Manchin
Marshall
McConnell
Menendez
Moran
Mullin
Murkowski
Murphy
Murray
Ossoff
Padilla
Peters
Reed
Ricketts
Risch
Rosen
Schumer
Scott (FL)
Scott (SC)
Shaheen
Sinema
Smith
Stabenow
Tester
Thune
Tillis
Vance
Warner
Warnock
Whitehouse
Wyden
Young
NAYS--11
Butler
Heinrich
Hirono
Lujan
Markey
Merkley
Paul
Sanders
Van Hollen
Warren
Welch
NOT VOTING--17
Barrasso
Blackburn
Boozman
Coons
Daines
Grassley
Hagerty
Hyde-Smith
Kennedy
Romney
Rounds
Rubio
Schatz
Schmitt
Sullivan
Tuberville
Wicker
The motion to table was agreed to.
____________________