The message below was sent to all House of Representatives offices on Tuesday, May 23, 2006

Last night there was a lengthy debate on the House floor over HR 4681, the Palestinian Anti-Terrorism Act of 2006. Supporters of HR 4681 repeatedly accused opponents of the bill of misrepresenting or misunderstanding what the bill actually says and does, and argued that these members have fallen victim to a campaign of misinformation about the bill.

APN believes that Members of Congress are capable of understanding for themselves what the bill does. This is why, rather then just tell Members to believe us when we say this is a bad bill, we have repeatedly circulated the bill text in table form - letting Members see and judge for themselves. Our most recent table is available for all to see and judge for themselves at http://www.peacenow.org/hot.asp?cid=2596.

The vote on HR 4681 is scheduled to take place soon. Between now and then Members will likely be subjected to an avalanche of spin, hysteria, and outright misinformation about the bill. APN urges Members to keep a cool head, separating the hysteria and the spin from the facts, and making their own informed judgment about what HR 4681 would actually mean for U.S. policy, and whether it would be good for the U.S., Israel, or the hope for peace and security in the Middle East. APN firmly believes that a serious and dispassionate evaluation of the bill can only lead to one conclusion - that HR 4681 should be rejected.

The Spin vs. the Real Story on HR 4681

The Spin: HR 4681 does just one thing - it ensures that no U.S. assistance will go to Hamas or the Hamas-led Palestinian Authority.

The Real Story: HR 4681 would indeed block U.S. assistance to the Hamas-led Palestinian Authority - something that everyone can agree should be U.S. policy and is in fact already U.S. policy. In fact, U.S. law already bars direct aid to the Palestinian Authority, and U.S. law already bars U.S. funds from going to designated foreign terrorist organizations. But HR 4681 - a more than 20-page bill - goes far beyond blocking direct assistance, seeking to limit, condition, and constrain virtually every aspect of the U.S. relationship with the Palestinians now and in the foreseeable future, regardless of whether Hamas remains in power.

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The Spin: HR 4681 sets a very simple test for Hamas - all Hamas has to do to have sanctions lifted is meet three requirements - recognize Israel, stop violence, and abide by previous peace agreements.

The Real Story: Under HR 4681, sanctions would remain in place until the PA - regardless of whether Hamas is in power, or the PA is under the control of some other party - meets a laundry list of mandatory reforms and benchmarks, many of which are totally unrelated to Hamas or stopping terror. Indeed, HR 4681 includes 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.

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 [Sec. (2)(b)]

(a) Limitation- Except as provided in subsection (e), assistance may be provided under this Act to the Palestinian Authority only during a period for which a certification described in subsection (b) is in effect.

(b) Certification- A certification described in this subsection is a certification transmitted by the President to Congress that contains a determination of the President 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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The Spin: HR 4681 will allow vital humanitarian aid to flow unfettered to the Palestinian people.

The Real Story: 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 [Sec. (3)(a)]

(a) Limitation- Except as provided in subsection (d), assistance may be provided under this Act to nongovernmental organizations for the West Bank and Gaza only during a period for which a certification described in section 620K(b) of this Act is in effect with respect to the Palestinian Authority.

[.]

(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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The Spin: HR 4681 does not punish the Palestinian people at all. It is a carefully crafted message focused on Hamas.

The Real Story: 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:

· (Sec. 4) 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.

· (Sec. 6) 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)."

· (Sec. 7 & 8) 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.

· (Sec. 5) 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.