Update from Churches for Middle East Peace

By Julie Schumacher Cohen, CMEP Legislative Coordinator
June 25, 2006

On Friday afternoon, June 22nd the Senate passed a new and improved version of S. 2370, the Palestinian Anti-Terrorism Act of 2006. The bill was passed by unanimous consent which means there was no debate and no roll call vote taken. The new version is a result of weeks of behind-the-scenes negotiations in which substantive, key changes were made to the original bill.

Many of the changes CMEP and other collegial groups recommended over the past few months, and that all of you enforced through your advocacy, have now been included. All of the counter-lobbying efforts in the House, while not successful in defeating HR 4681, which passed in May, are thought to have contributed to the efforts to improve the Senate’s version.

CMEP welcomes and appreciates the significant improvements that were made to the version of S. 2370 that passed on Friday. While not all of CMEP's concerns regarding this legislation have been addressed due to the still overly restrictive preconditions placed on engaging the Hamas-led Palestinian Authority, S. 2370 in its new amended version represents a far more constructive approach than its more extreme House counterpart. Should members of the House and Senate come together in a conference to negotiate the differences in their bills, CMEP will be encouraging the conferees to adopt the Senate bill's language.

A number of different scenarios are now possible. The Senate bill could be adopted by the House as it is or a conference to negotiate the differences could be demanded by either the House or the Senate. It is also possible that neither bill will move forward to become law. Your advocacy is not requested now, but if opportunities arise, CMEP will alert you. Below is an analysis of the new version of the bill and excerpts from the remarks made by the authors of the bill just prior to its passage. To view the text of the amendment to the original bill, the new version of S. 2370, go to: http://thomas.loc.gov/cgi-bin/query/R?r109:FLD001:S56461. 

Analysis of New Version of S. 2370

General improvements over HR 4681: Unlike HR 4681, the new version of S. 2370 expresses support for US engagement in peacemaking and provides additional flexibility for the Administration to further US national security. S. 2370 now does more to strengthen Palestinian moderates, where HR 4681 weakened them, and is more constructively and appropriately focused on changes Hamas must make. CMEP is also grateful that S. 2370 includes a far broader definition of humanitarian aid than HR 4681, a key difference that was present in the bill since it was first introduced.

A new section has been added to S.2370 entitled "Israeli-Palestinian Peace, Reconciliation and Democracy Fund," requiring the Secretary of State to establish a fund for $20 million to support "through Palestinian and Israeli organizations, the promotion of democracy, human rights, freedom of the press, and non-violence among Palestinians, and peaceful coexistence and reconciliation between Israelis and Palestinians." This constructive language bolsters hope for peace and peacemakers.

The Presidential certification, which is the basis for the entire bill is now clearly focused on Hamas. By using the language, "Hamas- controlled Palestinian Authority" in key places the Senate bill makes it clear that this bill’s restrictions relate only to the new Hamas government and will not remain if there is new leadership or change on the part of Hamas. However, the overall reform requirements still remain too broad and restrictive, mixing long-term reforms with immediate ones.

A major requirement placed on Hamas has been reformulated to make it more reasonable. In the new bill, rather than "recognize Israel’s right to exist as a Jewish state," the language has been changed to "acknowledge the Jewish state of Israel’s right to exist," which in practice will be more in line with what the Quartet has laid out and what was previously asked of the PLO, Jordan and Egypt.

The ban on direct aid has been further moderated by including authority for the President to waive restrictions – "in the interests of national security"- making it possible for the President to provide funds for specific uses: for the administrative and personal security costs of the President of the PA; for activities of the President of the PA related to border crossings, the peace process and democracy and rule of law; and assistance for the judiciary branch of the PA. The waiver still remains unduly cumbersome by creating an onerous process by which a single Member of Congress could hold up the aid.

The visa restriction section is now entirely and appropriately focused on Hamas. The ban now applies to "an alien who is an official of, under the control of, or serving as a representative of the Hamas-led Palestinian Authority” and exceptions have been added, exempting the President of the PA and PLC members who are not affiliated with Hamas and other FTOs, ensuring that moderate Palestinians will not be weakened by this bill. However, the continued restriction on travel for PLO officials at the UN, still unduly punishes pro-peace Palestinians because Hamas is not a member of the PLO.

The waiver on the ban on aid to the West Bank and Gaza programs has been further broadened, including an exception for assistance for non-Hamas members of the PLC for their participation in democracy and peace process programming. The time that the President has to notify Congress if he wants to certify that other types of assistance should be allowed because they will further US national security interests has been reduced (from 45 days to 30 days). The Senate bill has always been far more constructive than the House because it defined humanitarian needs broadly as “basic human needs” rather than the more narrow “basic human health needs”, which will allow for more aid via NGOs to reach the Palestinian people. CMEP had expressed concern that if the definition were interpreted narrowly, the Senate’s restrictions could still hamper important US assistance programs such as those related to: education, private sector development and employment generation, because those areas were not explicitly mentioned.

Excerpts from Statements Made by the Authors of S. 2370 on June 22, 2006

Sen. McConnell (R-KY): "Mr. President, today I would like to applaud my colleagues for passing S. 2370, the Palestinian Anti-Terrorism Act of 2006... 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...

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..."

Sen. Biden (D-DE): "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...

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...

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..."

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Formed in 1984, Churches for Middle East Peace is a Washington-based program of the Alliance of Baptists, American Friends Service Committee, Antiochian Orthodox Archdiocese of America, Armenian Orthodox Church, Catholic Conference of Major Superiors of Men's Institutes, Christian Church (Disciples of Christ), Church of the Brethren, Church World Service, Episcopal Church, Evangelical Lutheran Church in America, Franciscan Friars OFM (English Speaking Conference, JPIC Council), Friends Committee on National Legislation, Greek Orthodox Archdiocese of America, Maryknoll Missioners, Mennonite Central Committee, National Council of Churches, Presbyterian Church (USA), Reformed Church in America, Unitarian Universalist Association, United Church of Christ, and the United Methodist Church (GBCS & GBGM).

Julie Schumacher Cohen, Legislative Coordinator
Churches for Middle East Peace
Email: info@cmep.org 
Phone: 202-543-1222
Web: http://www.cmep.org