APN Legislative Round-Up for the week ending May 5, 2006

I. Update on Palestinian Sanctions
II. HR 4681 in the Judiciary Committee
III. Spotlight on Egypt
IV. McDermott on the Record on HR 4681
V. APN on HR 4681 (May 8, 2006)
VI. APN on AIPAC "FAQS" about HR 4681

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I. UPDATE ON PALESTINIAN SANCTIONS BILLS =========================================

On the Suspension Calendar
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Late last Friday (May 5th), HR 4681 was added to the calendar of bills scheduled to be brought up on the House floor under suspension of the rules on May 9th. On the morning of Monday, May 8th APN circulated talking points to Members of Congress opposing HR 4681 (included in section III, below). APN also circulated to all House offices an Administration memo articulating the Administration's objections to HR 4681.

Off the Suspension Calendar
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Late in the day on May 8th HR 4681 was removed from the May 9th suspension calendar, after the Chairman of the House Judiciary Committee, Rep. Jim Sensenbrenner (R-WI), insisted on his committee's jurisdiction over certain provisions of the bill.

As was noted in previous editions of the Round-Up, when HR 4681 originally introduced, it was concurrently referred to three House committees: the House International Relations Committee (HIRC), the Judiciary Committee, and the Financial Services Committee. As also noted in previous editions of the Round-Up, since until now only the HIRC had marked-up HR 4681, to bring the bill to the floor for a vote would require the other two committees to waive their jurisdiction.

It is not clear if this scheduling glitch was the result of a misunderstanding over whether the Judiciary Committee had actually waived jurisdiction, or a case where Chairman Sensenbrenner changed his mind. Regardless, the bill was pulled and the Judiciary Committee added HR 4681 to an already scheduled mark-up on May 10th. Details of the Judiciary Committee mark-up are included in Section II, below.

"FAQs" vs. the Facts
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On May 8th and 9th AIPAC sent a memo to Hill offices purporting to address "Frequently Asked Questions" about HR 4681. APN's response to an AIPAC "FAQ" sheet circulated on the Hill is included in section IV.

What Next?
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The House International Relations Committee finally reported out HR 4681 this week, so the HIRC part in this saga is complete.

The Judiciary Committee completed their mark-up but has yet to report out the bill with their amendment.

The Financial Services Committee has still reportedly not indicated whether it plans to assert jurisdiction over the portions of the bill that fall under its jurisdiction (including the section that relates to U.S. policy in International Financial Institutions). There are reportedly concerns both in the full Financial Services Committee and in the Committee's Subcommittee on Domestic and International Monetary Policy, Trade, and Technology (to which HR 4681 has been referred by the Committee) about the bill. So it is still possible that there will be further delays (including the possibility that it will not move forward at all) and marking up/amendment of HR 4681 before it reaches the floor.

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II. HR 4681 IN THE JUDICIARY COMMITTEE =========================================

On May 10th the Judiciary Committee marked up HR 4681 (as amended by the HIRC). At the end of the mark-up they passed HR 4681, as amended, by a voice vote. Four amendments were offered to the bill:

- Rep. Weiner (D-NY) offered an amendment to amend the provision of the bill barring the establishment of any Palestinian representative office to explicitly include the Palestinian mission to the UN. He argued that his goal was to close a "loophole" in the law that the HIRC had "unwittingly" left open. Weiner argued that if his amendment was not passed, the effect of the law would be to move all Palestinian "assets" that the law targets in other parts of the U.S. moved to New York - a somewhat alarmist view, given the general expectation that the President will continue to use his national security waiver to permit the PLO Mission in Washington to remain open.

Weiner also argued that the clear intent of the HIRC had been to shut down all Palestinian missions in the U.S. (which, by implication, includes this mission at the UN), and that his amendment was little more than a technical correction to bring the language into line with that intent. This argument does not hold up, however, to even a cursory reading of HR 4681, as passed by the HIRC.

As passed by the HIRC, HR 4681 includes two sections that deal explicitly with Palestinian representation at the UN, both of which imply the expectation that such representation will continue. These are Section 6, the section banning the issuance of visas to officials of the PA, which contains a special waiver for visas "issued in connection with United States obligations under the Act of August 4, 1947 (61 Stat. 756) (commonly known as the 'United Nations Headquarters Agreement Act.');" and Section 7, entitled "Travel restrictions on officials and representatives of the Palestinian Authority and Palestine Liberation Organization stationed at the United Nations in New York City." That section requires that the President restrict the movements of Palestinian representatives at the UN to a 25-mile radius of the UN headquarters building.

This battle to shut down the Palestinian Mission to the United Nations has been fought unsuccessfully in the past - failing primarily because it appears to conflict with U.S. legal obligations as the host nation to the United Nations Headquarters (the same obligations under which the U.S. has, in the past, been forced, for example, to allow Russian, Cuban and Libyan leaders into the United States).

A point of order against the amendment was raised by Rep. Issa (R-CA), who argued that the Judiciary Committee did not have jurisdiction over this sub-section of the bill. The point of order was rejected by the chair and the amendment was ultimately adopted by a voice vote.

- Rep. Jackson-Lee (D-TX) offered an amendment to amend the requirements related to the overall certification (which is the basis for all the sanctions in HR 4681), to require the President to establish a procedure to allow the Government of Israel "to submit evidence on whether certification or recertification under this section is warranted. In the event that Israel submits such evidence, it shall be submitted by the President with any notification he gives Congress in connection with a certification or recertification."

A point of order was raised against the amendment by Rep. Smith (R-TX), arguing that the amendment fell outside the jurisdiction of the Judiciary Committee. The point of order was sustained by the chair.

- Jackson-Lee (D-TX) offered an amendment to require the President to establish procedures to permit those denied a visa under the bill to provide evidence that a waiver is warranted. Chairman Sensenbrenner (R-WI) opposed the amendment, arguing that it would undermine both the authority and responsibility of the President, and stressed that the current law provided the President with a waiver of the visa ban. He said the amendment would allow the President to "kick this down" to a bureaucrat and suggested that if the President wanted a Hamas official to get a visa, the decision to waive the ban should be his responsibility. The amendment, Sensenbrenner suggested, would allow the President to "dodge the bullet." The amendment was subsequently withdrawn by Jackson-Lee. Rep. Nadler (D-NY) also spoke in opposition to the amendment, noting that the ban targets a limited pool of visa applicants - Palestinian Authority officials - and that a waiver is provided.

Rep. Jackson-Lee argued that the amendment was needed on humanitarian grounds, to give an applicant the opportunity to make the case for a waiver. She then withdrew the amendment.

- Rep. Waters (D-CA) offered an amendment to add a very long provision sanctioning Sudan. A point of order was raised against the amendment by Rep. Smith (R-TX) and sustained by the chair on the grounds that the amendment dealt with an entirely different subject than the bill under consideration, and that the amendment dealt with matters that clearly came under the jurisdiction of the HIRC.

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III. SPOTLIGHT ON EGYPT
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Following up on last week's unprecedented actions against U.S. assistance to Egypt in the Senate (see last week's Round-Up for details), on May 11th the House International Relations Committee announced a hearing entitled "Review of U.S. Assistance Programs to Egypt." The hearing is scheduled to take place on May 17th and will feature two panels.

Panel I (Administration witnesses): Assistant Secretary of State for Near Eastern Affairs David Welch; Assistant USAID Administrator for Asia and the Near East James Kunder; and Deputy Assistant Secretary of State for Political-Military Affairs Mr. Michael W. Coulter.

Panel II: Michele Dunne (Carnegie Endowment for International Peace), Jon B. Alterman (Center for Strategic and International Studies), and Mariam Memarsadeghi (Freedom House)

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IV. MCDERMOTT ON THE RECORD ON HR 4681 =======================================

Statement placed in the record on May 10th by Rep. Jim McDermott (D-WA):

"Mr. Speaker, it is not very often that Jim McDermott rises to support this President, but that is precisely what I am doing now. The President does not want his hands tied by H.R. 4681. I completely agree. It was taken off the calendar today, and it ought to stay off the calendar.

"H.R. 4681, the Palestinian Anti-Terrorism Act of 2006, will not make Israel safer, will not meet the urgent humanitarian needs of the Palestinian people, and will not give our diplomats the tools they need to help find a path to peace in the Mideast.

"For all of these reasons, I oppose it, and I urge my colleagues to reconsider. I believe in diplomacy as a means to correct injustice around the world. I believe gifted diplomats can accomplish as much with words and deeds as the military can with guns and soldiers.

"There is no question that the United States must take all appropriate steps to ensure that terrorists like Hamas are denied access to our financial aid. Hamas is responsible for the deaths of hundreds of innocent Israelis before coming to power.

"Since then, they have neither renounced violence nor recognized Israel. This is unacceptable.

"By all means, we must deny Hamas dollars that would buy hatred, but we must remember that Hamas and the Palestinian people are not one and the same.

"Even as we deny any and all assistance to Hamas, we must not hurt those Palestinians who are working for peace. If we fail to support them, I have no doubt that Israel will pay the ultimate price: more instability in the West Bank and Gaza, more desperation, and more terrorism.

"America's leadership is on the line in the Middle East, and more instability is something we need to avoid. We still have 130,000 American soldiers in harm's way in Iraq; we can't afford to make any more poor choices related to that region. But, that's what we will do if we pass this bill.

"It doesn't make sense for the United States to limit political and economic aid to moderates, like Palestinian Authority President Mahmoud Abbas.

"He and others have met our requirements by recognizing Israel, renouncing violence and terrorism against Israel, and accepting all previously signed Israeli-Palestinian agreements. What happens if we turn our back on leaders trying to heal a millennium of hate?

"And what can we expect if we turn our backs on the real and growing humanitarian needs of the Palestinian people? It doesn't make sense to put restrictions on funding the NGOs that provide the Palestinian people with hospitals and schools.

"As a medical doctor, I am gravely concerned about the fate of millions of innocent Palestinians who rely on international aid for food, health care, and for developing their economy and businesses.

"Recent news reports say that international sanctions are preventing hospitals in Gaza from providing dialysis machines for patients, and they may not be able to supply immunizations to children.

"The World Health Organization sees a 'rapid decline of the public health system ..... towards a possible collapse.' This bill will only make the already dire situation even worse. As a doctor I took an oath to heal. As a nation, we took an oath to lead.

"Allowing innocent Palestinians to go hungry, while denying them medical treatment cannot possibly correct injustice, or lead to peace.

"Passing this bill will be seen as anti- Palestinian, and the resulting chaos and animosity can only threaten the relative calm that Israel has seen in recent months.

"Many of the Israeli leaders I've spoken to, think this bill goes too far by punishing all Palestinians, not just Hamas. They understand that a radicalized population will show more support for Hamas, not less.

"During a recent trip to Israel and the Palestinian territories, I saw how both sides deeply yearn for peace. And I saw firsthand how they need the United States to do all it can to help them make peace.

"The Palestinian Anti-Terrorism Act will make this task enormously difficult. The harsh restrictions, and cutting off contacts with moderate Palestinians, will severely complicate our ability to assume an active role in helping both sides resolve the conflict.

"If we cannot engage with moderates, and those trying to develop the Palestinian economy and build civil society, we forfeit our ability to nurture and strengthen the positive elements in Palestine.

"The President and State Department must have the utmost flexibility to help moderate Palestinians, to quickly get economic and humanitarian aid to places that need it, like hospitals and health clinics, and helps prevent the resumption of terrorism.

"We need to isolate and weaken Hamas, and hopefully their tenure at the head of the PA will be a short one. But if we cannot distinguish between Hamas and the majority of the Palestinian people, we cannot possibly expect to have a role in creating what comes next.

"Israelis and Palestinians realize that in the end, their fates are tied. It's time to help the majorities on both sides reach their mutual goal--a peaceful two-state solution--rather than standing in the way by punishing one side.

"While the bill has been pulled from the calendar, that's only temporary. I urge the majority to leave it off the table indefinitely. Give our State Department an opportunity to nurture peace, or we will surely have to ask our military to counter more terrorism."

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V. APN ON HR 4681 (MAY 8, 2006) =======================================

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HR 4681: Grandstanding about Palestinians, at the expense of U.S. and Israeli interests.
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Tomorrow the House is expected to suspend the rules and take up HR 4681, the "Palestinian Anti-Terrorism Act of 2006." This legislation would impose sweeping sanctions against the Palestinians in response to the victory of Hamas in the January 2006 Palestinian legislative elections.

Hamas' victory in the elections for the Palestinian Legislative Council (PLC) was regrettable. It is imperative that the international community (including the U.S.) make a concerted and coordinated effort to pressure Hamas. However, HR 4681 represents a case of Congress using a blunt instrument where a surgical tool is needed. In doing so, the bill risks undercutting such efforts, harming, U.S. national security, and undermining those Palestinian officials and activists who recognize Israel, reject terror, and support a two-state solution to the Israeli-Palestinian conflict.

This legislation is fundamentally flawed and deserves to be rejected by the House. APN urges Members - including those who have cosponsored and/or plan to vote for the measure - to speak out on the House floor and submit statements for the record drawing attention to the many serious problems with HR 4681.

APN talking points on HR 4681:

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HR 4681 UNNECESSARILY RISKS U.S. NATIONAL SECURITY.

The U.S. can maintain a tough line against Hamas without compromising our own national security or unreasonably tying the President's hand in the conduct of foreign policy. Rejecting terrorism is not incompatible with ensuring that U.S. national security interests remain the primary concern of U.S. foreign policy.

HR 4681, however, irresponsibly and unnecessarily subjugates U.S. national security interests to political grandstanding. It does so by eliminating the President's authority to waive sanctions in the interests of U.S. national security - a waiver that is a standard component of virtually all U.S. sanctions legislation. This waiver, which has only rarely been invoked, represents minimal flexibility for the President to waive sanctions on assistance when U.S. national security interests are at stake. It is unfathomable that Congress would decide that, in the wake of the Hamas election, the President no longer needs or can be trusted with such authority. Indeed, it is not difficult to imagine scenarios under which U.S. national security might clearly call for direct, quick assistance - for instance, following new Palestinian elections or in the wake of a natural disaster. Moreover, the Bush Administration has already put in place tough new restrictions on aid to the Palestinians, clearly indicating the uncompromising stance this Administration is taking in response to the Hamas victory.

APN urges Congress to demand that a real national security waiver be added to this bill, enabling the President to waive the various sanctions if he deems it to be in the national security interests of the U.S. to do so.

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HR 4681 RISKS UNDERMINING PALESTINIAN MODERATES AND STRENGTHENING EXTREMISTS.

In response to the Hamas victory, we should seek to strengthen those Palestinians who reject violence, recognize Israel, and support a two-state solution. In doing so, we put pressure on Hamas to reform, and we strengthen those Palestinians who, we hope, will replace Hamas if it fails to reform.

HR 4681, however, undermines these positions and the Palestinians who hold them, by providing no political horizon for an alternative leadership to strive to reach. Under this bill, the PA - even if replaced by more welcome leadership - will likely be unable to meet the reform requirements in the short- or medium-term, especially outside the context of progress towards a peace agreement. Thus, even if new elections were held and won by a different party, all sanctions would remain in place until the other reform requirements had been met.

APN urges Congress to demand that a "sunset clause" be added to HR 4681, providing a political horizon for moderate, reasonable Palestinian political leaders and activists, and sending a signal of real support and hope to the Palestinian people. [A sunset clause is like an "expiration date" for legislation, stipulating a date or event after which Congress will either let the legislation lapse, renew the legislation, or amend it in some way.]

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HR 4681 LOSES SIGHT OF THE REAL PRIORITIES.

HR 4681 seeks to precondition U.S. relations with the PA - and impose sweeping sanctions - based on the demand that the PA meet a list of requirements that include wide- ranging reforms unrelated to the election of Hamas.

Important as these reforms may be, neither the U.S. nor Israel has ever considered them a prerequisite for engaging with the PA (or, for that matter, the PLO, Jordan, or Egypt, in the context of their agreements with Israel). Adding these reforms as preconditions for engagement loses sight of real priorities - like saving lives - and undermines the incentive for the most critical demands to be taken seriously. For example, under this bill, if Hamas renounced terror, changed its charter, acted decisively against other terrorist organizations, disarmed its own militants, and recognized Israel, but had not yet made substantial progress toward replacing all textbooks with "materials to promote tolerance, peace, and coexistence with Israel," all sanctions would remain in place.

APN urges Congress to reject preconditioning U.S. relations with the Palestinians on requirements that are unrelated to the specific issues raised by the Hamas election; rather, Congress should set focused, meaningful performance benchmarks.

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HR 4681 LOSES SIGHT OF U.S. STRATEGIC INTERESTS.

A serious response to the Palestinian elections should clearly target Hamas and its control of the Palestinian Authority. Effective sanctions should clearly differentiate such targets from, for example, elected members of the Palestinian Legislative Council (PLC) who are not affiliated with Hamas or any other terrorist organization - political leaders and activists who, running on platforms that included rejection of terror, recognition of Israel, and support for a two-state solution, beat Hamas candidates in the January election.

However, HR 4681 not only fails to distinguish between Hamas and the PA, and the non-Hamas members of the PLC, it explicitly defines the PA as including the entire PLC - extending sanctions to longtime supporters of peace with Israel (like PLC member Salam Fayyad). Moreover, the bill includes extraneous sanctions that, while ostensibly aimed at Hamas, will in fact have zero impact on Hamas, but only serve to punish Palestinians who recognize Israel and reject terror, and make it difficult or impossible for the U.S. to talk to them. These include restrictions on visas (Hamas members are already barred by law from obtaining visas), limits on freedom of movement for officials of the PLO in the U.S. and sanctions on PLO representation in the United States (Hamas is not a member of the PLO - a group that recognizes and has signed agreements with Israel), and an entirely superfluous attack on the United Nations that does not even make the pretense of having anything to do with Hamas. In the interests of U.S. national security, including our concern for Israeli security, it is vital to open the door for dialogue and engagement with alternative leaders and representatives of the Palestinians.

APN urges Congress to reject provisions of this bill that will have no real impact on Hamas - except, perversely, to strengthen them while undermining moderate Palestinian political leaders and activists, and making it more difficult for the U.S. to engage with alternatives to a Hamas-led government, like President Mahmoud Abbas or the PLO.

APN urges Congress to reject this bill's misguided effort to attack the UN, especially at a time when Israel is asking the UN to play a greater role in providing services to the Palestinians. This attack has nothing to do with the Hamas election or UN activities in the West Bank and Gaza, and instead risks sending the message that the real goal of this bill is to assail Palestinians in every possible forum.

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VI. APN ON AIPAC "FAQS" ABOUT HR 4681 =====================================

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APN Corrects the Record on the AIPAC "FAQs" Regarding HR 4681
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On May 8th and 9th, the American Israel Public Affairs Committee (AIPAC) circulated a memo in support of HR 4681 to all House members. Included with this memo is a "FAQs" sheet about the bill, purporting to address concerns Members may have expressed, or may have heard expressed by constituents, about the bill.

Unfortunately, the AIPAC "FAQs" sheet contains a number of serious inaccuracies and misrepresentations about the bill and its potential impact. Below is a review of the AIPAC "FAQs," contrasted with what is actually contained in the text of HR 4681, as approved by the House International Relations Committee on April 6, 2006.

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AIPAC "FAQ" #1 Q: "Isn't Congress rejecting the outcome of the Palestinian elections by passing this legislation?" A: "...It is perfectly reasonable for Congress to demand that a Hamas-led PA meet the basic requirements of a civilized government by ending terrorism against innocent civilians and renouncing its desire to destroy its neighbor.The bill tells the Hamas-led PA that it must first stop its unacceptable behavior and intransigence before expecting any support from the United States."

The Real Story
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HR 4681 includes a laundry list of mandatory reforms and benchmarks that are totally unrelated to Hamas or stopping terror. By including these, the bill undermines the strength of its own anti-terror message, bolsters the view that the U.S. is setting Hamas up to fail (rather than challenge Hamas to change or face the political consequences), and undermines the very moderates the U.S. should be supporting.

The Bill Text
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Under HR 4681, a broad range of sanctions would be imposed unless the President certifies that:

(1) no ministry, agency, or instrumentality of the Palestinian Authority is controlled by a foreign terrorist organization and no member of a foreign terrorist organization serves in a senior policy making position in a ministry, agency, or instrumentality of the Palestinian Authority; (2) the Palestinian Authority has - (A) publicly acknowledged Israel's right to exist as a Jewish state; and (B) recommitted itself and is adhering to all previous agreements and understandings by the Palestine Liberation Organization and the Palestinian Authority with the Government of the United States, the Government of Israel, and the international community, including agreements and understandings pursuant to the Performance- Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict (commonly referred to as the 'Road-map'); and (3) the Palestinian Authority has taken effective steps and made demonstrable progress toward - (A) completing the process of purging from its security services individuals with ties to terrorism; (B) dismantling all terrorist infrastructure, confiscating unauthorized weapons, arresting and bringing terrorists to justice, destroying unauthorized arms factories, thwarting and pre-empting terrorist attacks, and fully cooperating with Israel's security services; (C) halting all anti-Israel incitement in Palestinian Authority-controlled electronic and print media and in schools, mosques, and other institutions it controls, and replacing these materials, including textbooks, with materials that promote tolerance, peace, and coexistence with Israel; (D) ensuring democracy, the rule of law, and an independent judiciary, and adopting other reforms such as ensuring transparent and accountable governance; and (E) ensuring the financial transparency and accountability of all government ministries and operations.

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AIPAC "FAQ" #2 Q: "Will the Palestinian Anti-Terrorism Act create a humanitarian crisis for the Palestinian people?" A: "Both versions of the Palestinian Anti- Terrorism Act being considered by the House and Senate allow humanitarian assistance to flow unfettered and maintain the President's flexibility to provide indirect non- humanitarian project assistance if he deems it to be in the national security interests of the United States... "

The Real Story
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HR 4681 would permit the U.S. to provide only very limited humanitarian assistance for the West Bank and Gaza to meet "basic human health needs" (as compared to the Senate version, which permits aid to flow for "basic human needs.") For any other assistance, HR 4681 requires the President to certify not only that the provision of such aid will further the national security interests of the U.S., but that he get Congress to approve such assistance in advance on a case-by-case basis, and that he explain how failure to provide the assistance would conflict with U.S. national security interests. In its comments about HR 4681, the Administration noted that it is "concerned with the 25 day consultation period before the waiver takes effect. Also, the exception for 'basic human health needs' is too narrow and should be broadened to 'basic human needs,' in order for the exception to cover essential aid and services for the Palestinian people, not just those limited to health."

Bill Text
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Aid for the West Bank and Gaza is barred unless the certification (discussed in FAQ #1) has been made, except as follows:

(d) EXCEPTIONS.-Subsection (a) shall not apply with respect to the following: (1) ASSISTANCE TO MEET BASIC HUMAN HEALTH NEEDS. - The provision of food, water, medicine, sanitation services, or other assistance to meet basic human health needs. (2) OTHER TYPES OF ASSISTANCE.-The provision of any other type of assistance if the President - (A) determines that the provision of such assistance will further the national security interests of the United States; and (B) not less than 25 days prior to the obligation of amounts for the provision of such assistance - (i) consults with the appropriate congressional committees regarding the specific programs, projects, and activities to be carried out using such assistance; and (ii) submits to the appropriate congressional committees a written memorandum that contains the determination of the President under subparagraph (A) and an explanation of how failure to provide the proposed assistance would be inconsistent with furthering the national security interests of the United States.

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AIPAC "FAQ" #3 Q: "Why do we have to punish the Palestinian people? Didn't they vote to rid the government of corruption and do not support continuing terrorism?" A: "The goal of this legislation is not to punish the Palestinian people but to make clear that the United States will not support a Palestinian government seeking the destruction of Israel. Just as the Palestinian people elected Hamas, they have the power to choose different representatives who will pursue goals through negotiations, rather than violent means..."

The Real Story
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HR 4681 explicitly defines the Palestinian Authority as including the Palestinian Legislative Council, stating, "The term 'Palestinian Authority' means the interim Palestinian administrative organization that governs part of the West Bank and all of the Gaza Strip (or any successor Palestinian governing entity), including the Palestinian Legislative Council." In doing so, the bill deliberately extends sanctions not only to Hamas members and those working under their authority but, perversely, to all elected members of the PLC, including those who oppose violence, recognize Israel, and support a two-state solution and successfully competed (against Hamas) in free and fair democratic elections.

In its comments about the bill, the Administration objected to this targeting of the PLC, requesting that the sanctions be "re-crafted to more suitably apply to only Hamas-controlled elements of the PA, not as it currently does to all members of the Palestinian Legislative Council (PLC) including those that are not part of Hamas, the President, and agencies and independent instrumentalities that are not controlled by Hamas but may be viewed as part of the PA."

HR 4681 further undermines Palestinian moderates - both those already elected and those who might stand for office in the future - by omitting a key element of any effective sanctions legislation: a sunset clause. Such a clause would provide a clear political horizon for the Palestinian people and moderates political leaders. A sunset clause is a standard component of any serious sanctions legislation, and was included, for instance, in the Iran and Libya Sanctions Act. The omission of such a clause here is inexplicable and undermines the credibility of the anti-terror, pro- reform message of the bill. In its comments about the bill, the Administration noted its objection to "...the codifying into permanent law the bans on PA and WB/G aid; these should be time-limited."

HR 4681 includes many entirely extraneous provisions that appear designed solely to "punish the Palestinian people" and undermine the status of and U.S. ability to maintain ties with Palestinian moderates. These are:

- Sweeping UN reform provisions that are completely unrelated to Hamas or the elections. In doing so HR 4681 sends the message that the real goal of the legislation is to punish and humiliate all Palestinians in every possible forum.

- A provision barring members of the PLC from getting visas to visit the U.S. - an act which targets, perversely, elected members of the PLC who are NOT members of Hamas or any other foreign terrorist organizations (since such individuals are already barred by U.S. law from obtaining visas). This extraneous provision thus punishes the wrong people. In its comments about HR 4681, the Administration objected to this provision, noting that the ban on visas "...remains overbroad in that it applies equally to PA reps that are not affiliated with Hamas, as well as those that are. It does not have exceptions for the office of President Abbas; imposes a burdensome procedure for overcoming the ban in order to issue a waiver that is not consistent with existing, ample authorities under the Immigration and Nationality Act; and presents operational challenges (e.g., existing visas)."

- Provisions that would restrict the movements of Palestinian officials at the UN and threaten to shut down the operations of the any Palestinian representative missions in the U.S. Since under the terms of its agreements with Israel and the international community, it is the PLO (of which Hamas is not a member), not the PA, which maintains diplomatic relations, this provision therefore targets PLO representatives, rather than members of Hamas or any other terrorist organization. So the effect of this provision would be to cut off dialogue with representatives of the most credible and prestigious Palestinian leadership organization - one which recognizes and has signed agreements with Israel, is not a terrorist organization, and supports a two- state solution and the Road Map.

- A provision labeling the West Bank and Gaza a "terrorist sanctuary" - an act that sends the message that Congress is targeting not only the PA but the entire Palestinian economy and private sector (since, if the language were viewed as binding by the Administration, it would require, among other things, an export license for any U.S. goods exported to the West Bank and Gaza except for medicine, medical supplies, and certain food exports.) It also sends a chilling signal to private sector investors and the financial services industry.

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AIPAC "FAQ" #4 Q: "Doesn't the legislation tie our hands if Hamas transforms into a legitimate negotiating partner? Shouldn't there be more flexibility in the legislation?" A: "...The legislation says that if the president can certify that the Hamas-led PA renounces violence, dismantles the terrorist infrastructure, recognizes Israel's right to exist as a Jewish state and accepts all previous Israeli-Palestinians agreements relations can be renewed. The legislation does provide flexibility to the administration."

The Real Story
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As noted under "FAQ" #1, the requirements for lifting sanctions and renewing relations with the PA are far more extensive than this "answer" conveys. Indeed, HR 4681 include performance requirements and benchmarks that are entirely unrelated to the recent victory of Hamas in the elections and which include reforms that Fatah was not able to achieve in more than a decade in power. Important as these reforms may be, neither the U.S. nor Israel has ever considered them a prerequisite for engaging with the Palestinians. Moreover, the PA - under any leadership - will likely be unable to meet these requirements in the short- or medium term, or outside the context of progress towards a peace agreement.

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AIPAC "FAQ" #5 Q: "What will be accomplished by cutting off aid and isolating the Hamas-led PA? Won't this drive the parties further from a negotiated solution?" A: "...The United States cannot have a 'normal' relationship with the PA - including aid and contacts - so long as minimal conditions are not met...the Palestinian Anti-Terrorism Act clearly details the reasonable path the Hamas-led PA must take. Until then, cutting off aid and isolating the Hamas-led PA is both a moral and a practical response..."

The Real Story
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As noted under "FAQ" #1, HR 4681 goes well beyond setting out a "reasonable path" the Hamas-led PA must take. Rather, HR 4681 lays out far-reaching demands, many of which are entirely unrelated to issues of the Hamas election or Hamas' behavior.

Moreover, HR 4681 lays out sanctions that go beyond blocking aid and normal contacts with the PA, explicitly extending sanctions to non-Hamas parliamentarians and PLO officials, and placing new hurdles in the way of humanitarian aid projects.

HR 4681 also seeks to make these sanctions permanent U.S. law, so that even if Hamas were defeated tomorrow and replaced by a pro-peace Palestinian Authority that recognized Israel and all previous agreements, until the entire laundry list of reform requirements were met, sanctions would remain in place and "normal" relations between the U.S. and the PA would remain suspended.

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For more information, contact APN Government Relations Director Lara Friedman at 202/728-1893, or at lfriedman@peacenow.org.