[Congressional Record (Bound Edition), Volume 153 (2007), Part 17]
[Senate]
[Pages 24185-24186]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   FOREIGN OPERATIONS APPROPRIATIONS

  Mr. KYL. Mr. President, in the 2 months since Hamas took control of 
Gaza, 40 tons of explosives have been smuggled from Egypt into Gaza. It 
is estimated that 80 tons have been smuggled in the last 2 years. 
Rafah, in southern Gaza, has long been a key conduit for smuggling 
assault rifles, pistols, ammunition, explosive materials, grenade 
launchers and other munitions. While smuggling has long been a problem 
along this stretch of the border, the Israeli military has reported a 
surge in smuggling of anti-aircraft missiles, anti-tank rockets and 
bomb components when Israel withdrew from Gaza in 2005.
  There has also been a clear loss of progress made with regard to 
democracy and the rule of law in Egypt. Prominent members of parliament 
like Ayman Nour who have criticized the regime have been jailed. Nour 
was the leading opponent in Egypt's 2005 presidential race and was 
arrested on dubious charges shortly after that election.
  According to Human Rights Watch, ``Security forces and police 
routinely torture and mistreat detainees, particularly during 
interrogations. Torture in the past was used primarily against 
political dissidents, but in recent years it has been rife in police 
stations as well, affecting ordinary citizens.'' Cellphone videos 
posted on the Internet have shown the police sodomizing a bus driver 
with a broomstick and hanging a woman by her knees and wrists from a 
pole for questioning.
  The United States has provided substantial help to Egypt over the 
years. For its part, Egypt should do more to control its border with 
Gaza and improve its record on democracy and the rule of law.
  To that end, section 699 of H.R. 2764, as passed by the House of 
Representatives, requires the Secretary of State to certify that the 
Government of Egypt has taken ``concrete and measurable'' steps to stop 
the smuggling of arms into Gaza, improve the independence of the 
judiciary, and improve criminal procedures and due process rights. It 
conditions $200 million of $1.3 billion of fiscal year 2008 foreign 
military financing assistance on demonstration of that clear and 
measurable progress.
  We note that between the date the House passed H.R. 2764 and final 
action by the Congress on this legislation, more than 3 months will 
have passed. Even more time will pass if it becomes necessary for the 
Senate to take up an omnibus appropriations act this fall. 
Consequently, there is plenty of time for Egypt to show progress in 
stopping arms flows to Hamas in Gaza and to reverse recent backsliding 
in democratic reforms before the U.S. Congress finalizes this 
legislation.
  The amendment I offer with Senators Lieberman, Collins and Ensign, 
and which I am pleased has been accepted unanimously, puts the Senate 
on the record stating unambiguously that Egypt must take clear and 
measurable

[[Page 24186]]

steps to demonstrate progress on both reducing the flow of arms into 
Gaza as well as to undoing damage done to the rule of law and 
democracy.
  As Congress moves toward enactment of this appropriations bill, it is 
imperative that support to Egypt be based on an evaluation of the 
performance of the Egyptian government since the initial House action. 
Congress must consider these results in determining what approach 
Congress should take regarding Egypt's foreign military financing aid 
during fiscal year 2008.

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