[Congressional Record (Bound Edition), Volume 153 (2007), Part 14]
[House]
[Pages 19063-19065]
[From the U.S. Government Publishing Office, www.gpo.gov]




REQUIRING REPORT ON EFFORTS TO BRING TO JUSTICE PALESTINIAN TERRORISTS 
     WHO KILLED JOHN BRANCHIZIO, MARK PARSON, AND JOHN MARIN LINDE

  Mr. ACKERMAN. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 2293) to require the Secretary of State to submit to 
Congress a report on efforts to bring to justice the Palestinian 
terrorists who killed John Branchizio, Mark Parson, and John Marin 
Linde.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2293

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REPORT RELATING TO THE MURDERS OF JOHN BRANCHIZIO, 
                   MARK PARSON, AND JOHN MARIN LINDE.

       (a) Findings.--Congress makes the following findings:
       (1) On October 15, 2003, a convoy of clearly identified 
     United States diplomatic vehicles was attacked by Palestinian 
     terrorists in Gaza resulting in the deaths of John 
     Branchizio, Mark Parson, and John Marin Linde, and the injury 
     of a fourth American.
       (2) John Branchizio, Mark Parson, and John Marin Linde were 
     contract employees providing security to United States 
     diplomatic personnel who were visiting Gaza in order to 
     identify potential Palestinian candidates for scholarships 
     under the Fulbright Program.
       (3) Senior officials of the Palestinian Authority have 
     stated that they were aware of the identities of the 
     Palestinian terrorists who killed John Branchizio, Mark 
     Parson, and John Marin Linde.
       (4) Following her visit to Israel and the West Bank on 
     February 7, 2005, Secretary of State Condoleezza Rice 
     announced that she had been ``assured by President Abbas of 
     the Palestinian Authority's intention to bring justice to 
     those who murdered three American personnel in the Gaza in 
     2003''.
       (5) Since the bombing on October 15, 2003, United States 
     Government personnel have been prohibited from all travel in 
     Gaza.
       (6) The United States Rewards for Justice program is 
     offering a reward of up to $5,000,000 for information leading 
     to the arrest or conviction of any persons involved in the 
     murders of John Branchizio, Mark Parson, and John Marin 
     Linde.
       (7) The Palestinian terrorists who killed John Branchizio, 
     Mark Parson, and John Marin Linde have still not been brought 
     to justice.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the continued inability or unwillingness of the 
     Palestinian Authority to actively and aggressively pursue the 
     Palestinian terrorists who killed John Branchizio, Mark 
     Parson, and John Marin Linde and bring them to justice calls 
     into question the Palestinian Authority's suitability as a 
     partner for the United States in diplomatic efforts to 
     resolve the Palestinian-Israeli conflict;
       (2) future United States assistance to the Palestinian 
     Authority may be suspended or conditioned, and the continued 
     operation of the PLO Representative Office in Washington may 
     be jeopardized, if the Palestinian Authority does not fully 
     and effectively cooperate in bringing to justice the 
     Palestinian terrorists who killed John Branchizio, Mark 
     Parson, and John Marin Linde; and
       (3) it is in the vital national security interest of the 
     United States to safeguard, to the greatest extent possible 
     consistent with their mission, United States diplomats and 
     all embassy and consulate personnel, and to use the full 
     power of the United States to bring to justice any individual 
     or entity that threatens, jeopardizes, or harms them.
       (c) Report.--Not later than 30 days after the date of the 
     enactment of this Act, and every 120 days thereafter, the 
     Secretary of State shall submit a report, on a classified 
     basis if necessary, to the appropriate congressional 
     committees describing--
       (1) efforts by the United States to bring to justice the 
     Palestinian terrorists who killed John Branchizio, Mark 
     Parson, and John Marin Linde;
       (2) a detailed assessment of efforts by the Palestinian 
     Authority to bring to justice the Palestinian terrorists who 
     killed John

[[Page 19064]]

     Branchizio, Mark Parson, and John Marin Linde, including--
       (A) the number of arrests, interrogations, and interviews 
     by Palestinian Authority officials related to the case;
       (B) the number of Palestinian security personnel and man-
     hours assigned to the case;
       (C) the extent of personal supervision or involvement by 
     the President and Ministers of the Palestinian Authority; and
       (D) the degree of cooperation between the United States and 
     the Palestinian Authority in regards to this case;
       (3) a specific assessment by the Secretary of whether the 
     Palestinian efforts described in paragraph (2) constitute the 
     best possible effort by the Palestinian Authority; and
       (4) any additional steps or initiatives requested or 
     recommended by the United States that were not pursued by the 
     Palestinian Authority.
       (d) Certification.--The requirement to submit a report 
     under subsection (c) shall no longer apply if the Secretary 
     of State certifies to the appropriate congressional 
     committees that the Palestinian terrorists who killed John 
     Branchizio, Mark Parson, and John Marin Linde have been 
     identified, arrested, and brought to justice.
       (e) Definition.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives; and
       (2) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Ackerman) and the gentlewoman from Florida (Ms. Ros-Lehtinen) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. ACKERMAN. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ACKERMAN. Madam Speaker, I rise in strong support of H.R. 2293, 
and I yield myself such time as I may consume.
  The legislation the House is considering today will ensure that three 
brave Americans are not forgotten. I want to thank Chairman Lantos and 
Ranking Member Ros-Lehtinen and my friend, the ranking member of the 
subcommittee, Mr. Pence, for their support and cosponsorship of the 
bill.
  Though my belief in the necessity of this legislation is complete, my 
feelings about the bill are mixed. I am proud that this House will 
today insist that justice be done for three Americans who died in the 
service of their country. But I am deeply troubled and saddened that 
this legislation is even necessary.
  On October 15, 2003, John Branchizio, Mark Parson, and John Marin 
Linde were killed due to the detonation of a roadside car bomb in Beit 
Hanoun in the Gaza Strip. These young Americans were providing security 
to a mission of American diplomats on their way to Gaza to conduct 
interviews for Fulbright scholars to come to the United States. But 
they never made it.
  Despite the easily recognized vehicles and the diplomatic plates 
marking them clearly as Americans, despite coordination with the 
Palestinian security authorities, despite the fact that they were on a 
mission of kindness and generosity, their lives were ended by a brutal 
and cowardly act. And ever since then, United States Government 
employees have been barred from entering Gaza.
  Their deaths were tragic. But what followed, however, was a farce.
  The attack took place near a manned Palestinian checkpoint; and 
immediately following the attack, journalists photographed Palestinian 
police officers standing by as onlookers cheered the attack and roamed 
the crime scene destroying critical evidence. But within 24 hours, the 
Palestinian Authority, quite literally, ``rounded up the usual 
suspects,'' four members of the so-called Popular Resistance Committee, 
or PRC.
  Yasser Arafat's Palestinian Authority, however, never presented a 
case against them. Held over for a month, the Palestinian court finally 
announced that the defendants would be released since ``no evidence was 
offered against'' them. They remained in jail despite the judge's 
order, however, pending Yasser Arafat's approval of their release. When 
that approval never came, a mob of PRC members stormed the jail the 
next month, without resistance, and freed the suspects.
  A year later, on September 22, 2004, Arafat's cousin, the head of 
military intelligence in Gaza, told the Associated Press that though 
the identity of the killers was known, the United States would have to 
forgo justice in this case. Speaking of our Nation, he said, ``They 
know that we are in a very critical position and clashing with any 
Palestinian party under the presence of the occupation is an issue that 
will present many problems for us.''
  ``The Americans,'' he added, ``have started recently to understand 
our position and I expect that this crisis will also be resolved.''
  Six months later, Secretary Condoleezza Rice raised the matter 
directly with Palestinian President Mahmoud Abbas. I don't know that 
Abu Mazen, as Abbas is known, told our Secretary of State, but she 
publicly announced on February 7, 2006, ``We have been assured by 
President Abbas of the Palestinian Authority's intention to bring 
justice to those who murdered three American personnel in Gaza in 
2003.''
  Obviously, we are still waiting and with the Hamas takeover of the 
Gaza Strip, we may never know the truth, and justice may never be done.
  I have been outspoken in my criticism of the administration's failure 
to use the fresh mandate Abbas had in 2006 to make real progress toward 
peace. We failed him, as did the Israelis, and we are now confronting 
the consequences of our shortsightedness. But in this case, in this 
small but meaningful case, Abu Mazen has failed us.
  The case presented an opportunity to establish the Palestinian 
Authority's writ, to demonstrate that the PA was capable of handling 
the duties of a state, which above all is obliged to maintain law and 
order, for visitor and citizen alike.
  There is still a $5 million bounty pending, through the Rewards for 
Justice program, but I doubt it will ever be paid. The Bush 
administration has been so lack in dealing with this case, so 
lackadaisical in the pursuit of justice for three Americans who died in 
the service of this Nation that I believe Congress must step in.
  It is not in our power to compel justice, nor can we instill drive, 
initiative, or energy. But we can maintain accountability, and that is 
what this bill would do. Thirty days after passage, and every 120 days 
thereafter, the Secretary of State will have to present Congress with a 
progress report, and not a short one either. This report would require 
details, the kinds of sticky uncomfortable deals, the kind of sticky 
uncomfortable details that will show whether the Department is 
insisting on the pursuit of justice, or just waiting for it to show up 
on its own. We are not asking for the impossible. The most important 
requirement of the report is a specific assessment of whether the 
Palestinians are making their best effort and possible resolution.
  Today, it is hard to say what that would look like. But very 
deliberately, this report will be prepared every 120 days in perpetuity 
until the Secretary can certify that the Palestinian terrorists who 
killed John Branchizio, Mark Parson, and John Marin Linde have been 
identified, arrested, and brought to justice.
  I regret saying it, but justice for these three men was never as 
great a priority for the Bush administration as it ought to have been.
  The vital national security interests of the United States require us 
to safeguard to the greatest extent possible consistent with their 
mission United States diploma tics and all embassy and consulate 
personnel, and to use the full power of the United States to bring 
justice to any individual or entity that threatens, jeopardizes, or 
harms them.
  Every man and woman working for the United States abroad deserves 
this commitment. And so many months after their deaths, John 
Branchizio,

[[Page 19065]]

Mark Parson, and John Marin Linde deserve this much at the very least. 
I urge all of my colleagues to vote ``yes'' on this bill.
  Madam Speaker, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in strong support of H.R. 2293, which 
would require the Secretary of State to submit to Congress a report on 
efforts to bring to justice the Palestinian terrorists who killed three 
Americans on October 15, 2003.
  I would like to begin by expressing my heartfelt condolences to the 
families and loved ones of John Branchizio, Mark T. Parson, and John 
Marin Linde, Jr., and all United States citizens who have been 
victimized by the incessant Palestinian terrorist attacks.
  These three brave Americans were murdered while accompanying United 
States diplomats who were going to interview young Palestinians for the 
opportunity to study in this great country on Fulbright scholarships, 
offering those youth a chance for a better life.
  While I am sickened by this deplorable act, I am surprised that for 
far too long our State Department and the Palestinian Authority have 
done little to bring the murderers of these Americans to justice. These 
families and others who have lost loved ones should not have their 
grief compounded by the lack of justice from our own system.
  The virtual impunity afforded the certain terrorists sends the wrong 
foreign policy signal, not only to the American people and our allies 
in the region, but to the terrorists themselves. Recently, Palestinian 
Authority President Mahmoud Abbas established an emergency government 
in the West Bank, with an independent, Salem Fayyad as Prime Minister. 
Abbas and Fayyad have made statements opposing terrorism, violence and 
militia rule that pervades both the West Bank and Gaza. But they must 
follow up their words with actions.
  Not only do Abbas and Fayyad need to crack down on terrorism and 
dismantle all militias within the West Bank, but they must locate, 
detain, and turn over to U.S. custody the murderers of John Branchizio, 
Mark Parson, and John Marin Linde so that they can be charged and 
brought to justice in an American court. They cannot fulfill their 
responsibility for stopping terrorism in the future without taking 
action against those who have perpetrated terrorism in the past.
  Madam Speaker, we have a great responsibility to those Americans who 
have lost their lives to Palestinian terror. Therefore, our government 
should consider conditioning any aid to the West Bank emergency 
government upon that government showing concrete actions in resolving 
this case. We must end the message that we as a country are fully 
committed in our resolve to investigate and prosecute the murder of 
innocent Americans abroad.
  Again, I strongly condemn the attack on United States citizens by 
Palestinian terrorists and reiterate our demands that the 
administration do more to bring their killers to justice.
  H.R. 2293 is a major step in the right direction, and I am proud to 
have cosponsored it. For their leadership in introducing this bill, I 
thank my good friends and colleagues, the chairman and the ranking 
member of the Subcommittee on the Middle East and South Asia, Mr. 
Ackerman and Mr. Pence. I urge my colleagues to join us in supporting 
this critical legislation.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in support of 
H.R. 2293, which requires the Secretary of the State to submit to 
Congress a report on efforts to bring to justice the Palestinian 
terrorists who killed John Branchizio, Mark Parson, and John Marin 
Linde. This bill requires the Secretary of State to submit a report--
classified, if necessary--within 30 days and every 120 days thereafter 
to the appropriate committees until the attackers have been brought to 
justice.
  The bill also warns of potential restrictions on privileges extended 
to the Palestinian Authority by our government in the case of continued 
noncompliance, although I hope it will never come to that.
  I commend my colleague Mr. Ackerman of New York for introducing this 
important measure. This resolution lends the full support of the United 
States Congress to bringing to justice the Palestinian terrorists who 
murdered three contractors providing security to American diplomatic 
personnel in Gaza on October 15, 2003. The Palestinian terrorists who 
killed John Branchizio, Mark Parson, and John Marin Linde have still 
not been brought to justice.
  John Branchizio, Mark Parson, and John Marin Linde were slain by 
terrorists who assaulted a clearly marked convoy of American diplomats. 
Ironically, the diplomats were on a mission to help the Palestinians by 
identifying Gazan candidates for the Fulbright exchange program.
  In February 2005, Palestinian Authority President, Mahmoud Abbas, 
assured Secretary of State Rice that the perpetrators would be brought 
to justice. Further, senior Palestinian officials asserted that the 
Palestinian Authority knew the identities of the assailants. Yet 
inexplicably, these terrorists have not been named; they have not been 
questioned; and they have not been arrested, charged, prosecuted, and 
punished. No way is that justice. Justice delayed is justice denied.
  It is imperative that the legitimate leaders of the Palestinian 
Authority show their willingness to confront the scourge of terrorism 
if they are to be considered a reliable partner for peace.
  Madam Speaker, I strongly support this piece of legislation, and I 
ask that my colleagues do the same.
  Ms. ROS-LEHTINEN. Madam Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. ACKERMAN. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Ackerman) that the House suspend the rules 
and pass the bill, H.R. 2293.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________