[Congressional Record (Bound Edition), Volume 152 (2006), Part 9]
[Senate]
[Pages 12507-12509]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 PALESTINIAN ANTI-TERRORISM ACT OF 2006

  Mr. FRIST. Mr. President, I ask unanimous consent that the Committee 
on Foreign Relations be discharged from further consideration of

[[Page 12508]]

S. 2370, and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2370) to promote the development of democratic 
     institutions in areas under the administrative control of the 
     Palestinian Authority, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, today I would like to applaud my 
colleagues for passing S. 2370, the Palestinian Anti-Terrorism Act of 
2006.
  My friend, the senior Senator from Delaware, Mr. Biden, and I 
cosponsored this legislation. We were joined in our efforts by Senators 
Frist, Reid of Nevada, DeMint, Mikulski, Martinez, Nelson of Florida, 
Hagel, Nelson of Nebraska, DeWine, Talent, Allen, Burns, Boxer, 
Bunning, Kerry, Salazar, Lieberman and Thune; all of whom are original 
cosponsors of this bill.
  I particularly thank my colleague, the senior Senator from Indiana, 
Mr. Lugar, for his leadership on this issue. He has been instrumental 
in fashioning language on the important question of how the United 
States addresses the challenges posed by the new Hamas-dominated 
government in the West Bank and Gaza.
  The elections of January 25 in the West Bank and Gaza produced the 
frightening result of a majority of Hamas supporters in the Palestinian 
parliament. Since that time, Hamas has demonstrated its continued 
unwillingness to accept Israel's right to exist and to accept the prior 
commitments made by the Palestinian Authority. It has also failed to 
renounce terror. That is antithetical to our security interests in the 
Middle East and it is clearly unacceptable to this Senate.
  Our bill would do the following: it would restrict assistance to the 
Palestinian Authority, PA, unless the Hamas-led PA has publicly 
acknowledged Israel's right to exist, has recommitted itself to all its 
prior agreements with Israel, has made progress toward dismantling 
terrorist infrastructure, and has instituted fiscal transparency. This 
bill would essentially deny visas to certain PA officials and restrict 
their travel to the United States. It also limits diplomatic 
interaction with Palestinian terrorist groups. Finally, this bill 
contains rigorous audit and oversight requirements to ensure compliance 
with its provisions.
  In short, this legislation urges the current Palestinian Government 
to take another step toward joining the community of peaceful nations 
and to step away from the ranks of terrorism.
  Let me also tell you what this bill does not do. It does not cut off 
assistance to the Palestinian people with respect to food, water, 
medicine, sanitation, and other basic human needs. Thus, humanitarian 
assistance that does not go through the Hamas-led PA will continue. 
Moreover, funding for democracy programs will also be continued.
  Both Senator Biden and I appreciate the need not to punish the 
Palestinian people for actions their government may take. Our concern 
is with terrorism and with terrorists and in providing Hamas the proper 
incentives to embrace peace and to abandon the proterror stance they 
have taken up until now. As Prime Minister Olmert said this week before 
a joint session of Congress: such legislation ``sends a firm, clear 
message that the United States of America will not tolerate terrorism 
in any form.''
  Democracy is about more than just elections, it is also about 
responsible, accountable governance. The Palestinian elections a few 
months back reflect this fact. International observers indicate that 
the elections were essentially free and fair--which in and of itself is 
certainly a good thing. I strongly support democratic elections. That 
said, any right-minded person deplores the result of those elections 
that placed a proterror party at the helm of parliament.
  A key part of democratic governance is that elected officials are 
responsible for the actions they take. If Hamas persists in sponsoring 
terror, rejecting Israel's right to exist and refusing to accept prior 
commitments made to Israel, then they should be held accountable for 
their actions, and be prepared to forfeit the prior foreign aid 
investments in the West Bank and Gaza paid for by American taxpayers. 
The PA's budget is dependent in large part by foreign assistance, and 
Hamas has been put on notice by the United States and many in the donor 
community about the steps it must take in order to receive assistance 
in the future.
  Foreign assistance is not an entitlement. It is not a free lunch. 
Foreign aid is an act of generosity from the American people to other 
nations, and it should be conducted in furtherance of U.S. interests 
and those of our allies. It must not be given to organizations that 
actively work against those interests. Ramas, as it now stands, is just 
such an organization.
  The ball is squarely in Hamas's court. It can either work for the 
good of its citizens as an accountable democratic government should, or 
it can continue to act as a terrorist organization to the profound 
detriment of its citizens and the prospects for peace in the region.
  I close by recognizing the hard work of staff on this legislation. In 
particular, I thank Bob Lester, Brian McKeon, Puneet Talwar, Paul Clay-
man, and Brian Lewis.
  Mr. BIDEN. Mr. President, I support the Palestinian Anti-Terrorism 
Act of 2006, of which I am the lead cosponsor.
  The political rise of Hamas presents us with a difficult policy 
challenge. None of us want to see a penny of American taxpayer money 
going to a Hamas-led government that refuses to meet the basic demands 
not just of the United States, but of the international community, 
including the so-called Quartet of the United States, the European 
Union, Russia and the United Nations. Those demands are that Hamas 
recognize Israel, renounce violence, and accept past agreements.
  At the same time, the situation in the Palestinian Territories is an 
explosive one, with potentially disastrous consequences for the 
Palestinian people, Israel and the entire region. Tensions between 
Fatah and Hamas militias have been escalating in recent weeks. 165,000 
Palestinian Authority employees have not been paid in months. Avoiding 
a genuine humanitarian crisis and a descent into a Palestinian civil 
war will require diplomatic flexibility and sustained American 
engagement.
  In this sensitive environment, my friend from Kentucky and I have 
tried to find the right balance between isolating Hamas, while 
simultaneously not doing anything to harm the Palestinian people. So 
let me say a few words to clarify what our bill does--and does not--do.
  First, it sends a clear message: the United States will provide no 
direct assistance to a Hamas-led government unless it meets the three 
conditions--acknowledging Israel's right to exist, renouncing violence 
and accepting past agreements between Israel and the Palestinian 
Authority. We must not retreat from insisting that these three 
conditions be met.
  The bill affirms support for a two-state solution to end the Israeli-
Palestinian conflict, something that Hamas rejects. The bill also 
requires the administration to report on steps it is taking to urge 
other nations to refrain from providing financial assistance to Hamas. 
In addition, it places restrictions on diplomatic contacts with, and 
movements by, representatives of Hamas.
  But in dealing with Hamas, it is important that we keep our strategic 
objectives clear. While our intention is to pressure Hamas to accept 
the same terms that bound previous Palestinian governments, it is not 
in the interest of either the United States or Israel to be seen as 
punishing the Palestinian people. It is critically important that in 
pressuring Hamas we make it clear to the Palestinian people that it is 
Hamas that is failing them, not the international community. We must 
maintain the moral high ground.
  That is why our bill allows for assistance to continue to support the 
basic

[[Page 12509]]

needs of the Palestinian people. It permits assistance to the 
Palestinians, through non-governmental organizations, for things such 
as food, water, health, medicine, and sanitation, as well as for 
democracy promotion, human rights, and education.
  It also recognizes the important distinction between Palestinian 
President Mahmoud Abbas--who has committed to the Road Map and a 
negotiated two-state solution--and Hamas, by incorporating exemptions 
to support Abbas in fulfilling his duties as President.
  Lastly, our bill creates an Israeli-Palestinian Peace, Reconciliation 
and Democracy Fund to support organizations that are trying to build 
bridges between the two societies through the promotion of democracy, 
civil society development and reconciliation between Israelis and 
Palestinians.
  My friend from Kentucky and I have been able to make important 
changes to address the most significant issues raised by the 
administration and the chairman of the Foreign Relations Committee. 
These include broadening the President's waiver authority as well as 
narrowing the focus of the bill to the Hamas-controlled Palestinian 
Authority. I look forward to continuing to work with the administration 
as the bill moves forward.
  Mr. President, Hamas has a decision to make. It must respond to 
international demands and, even more important, be responsive to the 
Palestinian public which voted for reform, but not poverty, 
international isolation and a government that can't pay its own bills 
or keep the lights on. If Hamas ultimately proves unable to provide for 
its own people, it won't be because of the restrictions in this 
legislation. It will be because Hamas is either unable or unwilling to 
make rational policy decisions over destructive terror and xenophobic 
ideology.
  Simply put, Hamas must choose between bullets and ballots, between 
destructive terror and constructive governance. It cannot have it both 
ways. The legislation I have sponsored with my colleague, the senior 
Senator from Kentucky, is an attempt to clarify the choices for Hamas 
and to make clear our rejection of a group that is committed to terror.
  Mr. FRIST. Mr. President, I ask unanimous consent that the McConnell 
amendment at the desk be agreed to, the bill, as amended, be read a 
third time and passed, the motion to reconsider be laid upon the table, 
and that any statements relating to the measure be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4542) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
  The bill (S. 2370) was ordered to be engrossed for a third reading, 
was read the third time, and passed.
  Mr. FRIST. Mr. President, I wish to make a brief comment on the 
legislation. I congratulate my colleague, Senator McConnell, for 
leading on this amendment as the primary sponsor of the Palestinian 
Anti-Terrorism Act of 2006.
  Although all our colleagues have had the opportunity to review and 
express their support for this act, very briefly, I would like to at 
least comment on a couple of things that it does that are very 
important to the United States and our international relations.
  The bill itself states that it shall be U.S. policy ``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. . . 
.''
  It also promotes democracy and the cessation of terrorism and 
incitement in institutions and territories controlled by the 
Palestinian Authority and urges members of the international community 
to avoid contact with and refrain from financially supporting the 
terrorist organization Hamas until it agrees to recognize Israel, 
renounce violence, disarm, and accept prior agreements, including the 
roadmap.
  This is a very important piece of legislation, one that has been led 
by Senator McConnell. I know he has made several comments and has 
comments in the Record on this important bill.

                          ____________________