[House Report 116-242]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-242
======================================================================
EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES REGARDING UNITED
STATES EFFORTS TO RESOLVE THE ISRAELI-PALESTINIAN CONFLICT THROUGH A
NEGOTIATED TWO-STATE SOLUTION
_______
October 17, 2019.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Engel, from the Committee on Foreign Affairs, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H. Res. 326]
THE REPORT
The Committee on Foreign Affairs, to whom was referred the
resolution (H. Res. 326) expressing the sense of the House of
Representatives regarding United States efforts to resolve the
Israeli-Palestinian conflict through a negotiated two-state
solution, having considered the same, report favorably thereon
with amendments and recommend that the resolution as amended be
agreed to.
CONTENTS
The Report....................................................... 1
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Committee Hearings............................................... 3
Committee Consideration.......................................... 3
Committee Oversight Findings..................................... 4
Non-Duplication of Federal Programs.............................. 4
Performance Goals and Objectives................................. 4
Congressional Accountability Act................................. 4
New Advisory Committees.......................................... 4
Earmark Identification........................................... 4
Summary of Major Provisions of the Resolution.................... 4
Section-by-Section Analysis...................................... 4
Dissenting Views................................................. 6
The amendments are as follows:
Strike the preamble and insert the following:
Whereas the special relationship between the United States and
Israel is rooted in shared national security interests and shared
values of democracy, human rights, and the rule of law;
Whereas the United States has worked for decades to strengthen
Israel's security through assistance and cooperation on defense and
intelligence matters in order to enhance the safety of United States
and Israeli citizens;
Whereas the United States remains unwavering in its commitment to
help Israel address the myriad challenges it faces, including
terrorism, regional instability, horrifying violence in neighboring
states, and hostile regimes that call for its destruction;
Whereas the United States has long sought a just, stable, and
lasting solution to the Israeli-Palestinian conflict that recognizes
the Palestinian right to self-determination and offers Israel long-term
security and full normalization with its neighbors;
Whereas for more than 20 years, Presidents of the United States
from both political parties and Israeli Prime Ministers have supported
reaching a two-state solution that establishes a Palestinian state
coexisting side by side with Israel in peace and security;
Whereas for more than 20 years, Presidents of the United States
from both political parties have opposed settlement expansion, moves
toward unilateral annexation of territory, and efforts to achieve
Palestinian statehood status outside the framework of negotiations with
Israel;
Whereas United States administrations from both political parties
have put forward proposals to provide a framework for negotiations
toward a two-state solution, including the parameters put forward by
President Bill Clinton in December 2000, the Road Map proposed by
President George W. Bush in April 2003, and the principles set forth by
President Barack Obama and Secretary of State John Kerry in December
2016;
Whereas ending the Israeli-Palestinian conflict is vital to the
interests of both parties and the leadership of both parties must
negotiate in good faith in order to achieve peace; and
Whereas delays to a political solution to the conflict between
Israelis and Palestinians pose a threat to the ability to maintain a
Jewish and democratic state of Israel and the establishment of a
viable, democratic Palestinian state: Now, therefore, be it
Strike all after the resolving clause and insert the
following:
That it is the sense of the House of Representatives that--
(1) only the outcome of a two-state solution that enhances
stability and security for Israel, Palestinians, and their
neighbors can both ensure the state of Israel's survival as a
Jewish and democratic state and fulfill the legitimate
aspirations of the Palestinian people for a state of their own;
(2) while the United States remains indispensable to any
viable effort to achieve that goal, only the Israelis and the
Palestinians can make the difficult choices necessary to end
their conflict;
(3) the United States, with the support of regional and
international partners, can play a constructive role toward
ending the Israeli-Palestinian conflict by putting forward a
proposal for achieving a two-state solution that is consistent
with previous United States proposals to resolve the conflict's
final status issues in ways that recognize the Palestinian
right to self-determination and enhance Israel's long-term
security and normalization with its neighbors; and
(4) a United States proposal to achieve a just, stable, and
lasting solution to the Israeli-Palestinian conflict should
expressly endorse a two-state solution as its objective and
discourage steps by either side that would put a peaceful end
to the conflict further out of reach, including unilateral
annexation of territory or efforts to achieve Palestinian
statehood status outside the framework of negotiations with
Israel.
PURPOSE AND SUMMARY
The purpose of the resolution is to affirm the House of
Representatives' commitment to a two-state solution to the
Israeli-Palestinian conflict.
BACKGROUND AND NEED FOR THE LEGISLATION
Israel has been an ally and partner of the United States
since its founding in 1948. The United States and Israel share
a special relationship, rooted in shared national security
interests and shared values of democracy, human rights, and the
rule of law. The United States has worked to strengthen
Israel's security through assistance and defense cooperation.
For decades both Republican and Democratic administrations
have sought to play a proactive role in advancing a two-state
solution to the Israeli-Palestinian conflict that would result
in a secure, democratic, Jewish state living side by side with
a peaceful, viable, democratic Palestinian state. In 2002,
President George W. Bush stated, ``My vision is two states,
living side by side in peace and security.'' In 2013, President
Barack Obama reiterated this commitment, stating that
``negotiations will be necessary, but there is little secret
about where they must lead--two states for two peoples.''
As recently as May 2018, the House has expressed support
for a negotiated two-state solution, with the passage of H.
Res. 835, introduced by Reps. Virginia Foxx, Albio Sires,
Michael McCaul, and Nita Lowey, which stated that the House
``reiterates its support for a negotiated settlement leading to
a sustainable two-state solution with the democratic, Jewish
state of Israel and a demilitarized, democratic Palestinian
state living side-by-side in peace and security.''
In recent years, Israelis and Palestinians have engaged in
unilateral actions which make a peaceful end to the conflict
more difficult to achieve. These include the endorsement of
potential annexation of disputed territory and Palestinian
efforts to achieve statehood outside the framework of
negotiations with Israel. This resolution is meant to
discourage such unilateral steps.
COMMITTEE HEARINGS
May 8, 2019 Subcommittee on Middle East, North Africa and
International Terrorism hearing on ``Opportunities and
Challenges in U.S. Relations with the Gulf states'' (Witness:
Timothy Lenderking, Deputy Assistant Secretary for Arabian Gulf
Affairs, Bureau of Near Eastern Affairs, Department of State)
April 3, 2019 Subcommittee hearing on ``Assessing U.S.
Policy Priorities in the Middle East'' (Witnesses: Elisa
Catalano Ewers, adjunct senior fellow in the Center for a New
American Security's Middle East Security Program; Dan Benaim,
senior fellow at the Center for American Progress)
Mar. 27, 2019 Full Committee hearing on ``The State
Department's Foreign Policy Strategy and Fiscal Year Budget
Request'' (Witness, Secretary Mike Pompeo, Department of State)
COMMITTEE CONSIDERATION
On April 25, 2019, Representative Alan Lowenthal introduced
H. Res. 326 in order to re-affirm the House of Representative's
commitment to a two-state solution to the Israeli-Palestinian
conflict.
The Committee on Foreign Affairs met to consider H. Res.
326 on Wednesday, July 17, 2019 and considered no amendments to
the resolution. Mr. Engel moved that the Committee favorably
report the resolution, H. Res. 326 to the House with the
recommendation that the resolution be approved. The motion was
agreed to by a voice vote, a quorum being present.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that
findings and recommendations of the committee, based on
oversight activities under clause 2(b)(1) of House rule X, are
incorporated in the descriptive portions of this report.
NON-DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of House rule XIII, the
committee states that no provision of H. Res. 326 establishes
or reauthorizes a program of the Federal Government known to be
duplicative of another Federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
PERFORMANCE GOALS AND OBJECTIVES
The objective of H. Res. 326 is to express support for a
two-state solution to the Israeli-Palestinian conflict.
CONGRESSIONAL ACCOUNTABILITY ACT
H. Res. 326 does not apply to terms and conditions of
employment or to access to public services or accommodations
within the legislative branch.
NEW ADVISORY COMMITTEES
H. Res. 326 does not establish or authorize any new
advisory committees.
EARMARK IDENTIFICATION
H. Res. 326 contains no congressional earmarks, limited tax
benefits, or limited tariff benefits as described in clauses
9(e), 9(f), and 9(g) of House rule XXI.
SUMMARY OF MAJOR PROVISIONS OF THE RESOLUTION
The resolution supports a two-state solution to the
Israeli-Palestinian conflict; affirms that while the United
States is indispensable to the effort to achieve a two-state
solution, only the Israelis and Palestinians themselves can end
their conflict; and discourages unilateral steps, whether by
Israelis or Palestinians, that would make a peaceful end to the
conflict more difficult to achieve.
SECTION-BY-SECTION ANALYSIS
This resolution's preamble endorses efforts to resolve the
Israeli-Palestinian conflict through a negotiated two-state
solution. It expresses support for the special relationship
between the United States and Israel rooted in shared security
interests and shared values of democracy, human rights, and the
rule of law. The resolution notes that for more than 20 years,
U.S. Presidents from both political parties and Israeli Prime
Ministers have supported reaching a two-state solution that
establishes a Palestinian state living side-by-side with Israel
in peace and security.
The resolution resolves that it is the sense of the House
of Representatives that a two-state solution enhances stability
and security in the Middle East, ensures Israel's survival as a
secure, Jewish, and democratic state and fulfills the
legitimate aspirations of the Palestinian people for a state of
their own. It expresses that only Israelis and Palestinians can
achieve such a solution through direct negotiations and that
the United States can play a constructive role in supporting
such a solution. It also resolves that any proposal to achieve
a just, stable, and lasting solution to the Israeli-Palestinian
conflict should endorse a two-state solution as its objective
and discourage unilateral steps that would make a peaceful end
to the conflict more difficult to achieve, whether by Israelis
or Palestinians, including annexation of territory or efforts
to achieve Palestinian statehood status outside the framework
of negotiations with Israel.
DISSENTING VIEWS
House Resolution 326 is a partisan political messaging tool
masquerading as a statement of support for a two-state solution
to the Israeli-Palestinian conflict. The House Foreign Affairs
Committee has already passed several substantive, bipartisan
pieces of legislation in support of a two-state solution that
do not rebuke the Trump Administration as Representative
Lowenthal's resolution does. The only logical explanation for
this resolution coming to the House floor is to provide
Democrats a chance to score points against the President. This
is another example of the bad politics which have become the
hallmark of the Democrat Leadership.
In the 116th Congress, both H. Res. 246 (which expresses
the House's opposition to the global Boycott, Divestment, and
Sanctions movement) and H. Res. 138 (which commends Arab and
Muslim-majority states for improving relations with Israel)
contain bipartisan re-affirmations of the House's support for a
negotiated two-state solution to resolve the Israeli-
Palestinian conflict. Notably, H. Res. 326, H. Res. 246, and H.
Res. 138 were all considered at the same House Foreign Affairs
Committee mark up on July 17, 2019. Suffice it to say,
legislative support for a two-state solution in the House of
Representatives is not in question.
H. Res. 326 is crafted as a rebuttal to the
Administration's public statements on its Israeli-Palestinian
peace process efforts. The resolution explicitly calls for the
United States to put forward a peace plan ``that is consistent
with previous United States proposals'' despite Administration
officials' frequent comments that they seek to undertake a new
approach to resolving the decades-long conflict. With
introduction and House consideration prior to the release of
the Administration's full peace plan, H. Res. 326 is intended
to cut the Administration's peace process off at the knees,
ensuring that any political proposal released by the
Administration already has the black mark of a rebuke by the
House of Representatives.
The resolution is also one-sided in containing pointed
criticisms directed at the Israeli government while barely
acknowledging Palestinian actions that are antithetical to
achieving a negotiated peace plan. Notably, the resolution does
not acknowledge the Palestinian Authority's practice of paying
terrorists and the families of terrorists who commit acts of
violence against Israelis, nor does it mention the terrorist
group Hamas' control of the Gaza Strip and ongoing attacks on
Israel, including attacks targeting civilians. Were the purpose
of the resolution truly to support a two-state solution, it
should clearly state opposition to Palestinian policies that
encourage attacks on Israeli civilians. This glaring omission
is a telling indicator of the resolution's true intent.
The problematic issues with this text are even more
troubling because H. Res. 326--as a simple nonbinding
resolution--is only another in a line of purely rhetorical
exercises by the embattled Democrat leadership to create an
appearance of supportive Middle East policy. Meanwhile, they
continue to allow their Socialist flank to thwart substantive
legislation that would take meaningful actions to address peace
in the region and in other policy areas. For example, despite a
discharge petition signed by 196 Members (to date), they
continue to refuse to bring forward H.R. 336, the Strengthening
America's Security in the Middle East Act of 2019, which is
identical to the text of S. 1, which passed the Senate by a
vote of 77-23, with strong bipartisan support. H.R. 336 takes
concrete steps to counter the boycott, divestment, and
sanctions movement against Israel, in addition to better
supporting Israel and Jordan and punishing Assad's brutal
regime.
House Republicans have always supported constructive
attempts to help resolve the Israeli-Palestinian conflict. H.
Res. 326 is not constructive; its components are damaging to
efforts to resolve the Israeli-Palestinian conflict. For these
reasons, we strongly oppose this partisan and harmful measure,
and dissent from the decision to report it favorably to the
House.
Michael T. McCaul.
Steve Chabot.
Joe Wilson.
Scott Perry.
Ted S. Yoho.
Adam Kinzinger.
Lee M. Zeldin.
Brian K. Fitzpatrick.
John R. Curtis.
Guy Reschenthaler.
Tim Burchett.
Greg Pence.
Steven C. Watkins, Jr.
Michael Guest.
[all]