Carbajal Urges President to Uphold Law Regarding Delivery of Humanitarian Aid to Gaza

Rep. Salud Carbajal (courtesy)

Carbajal, 86 Members of Congress urge Biden to enforce National Security Memorandum 20 and Section 620I of the Foreign Assistance Act

Congressman Salud Carbajal, a senior member of the House Armed Services Committee and a U.S. Marine Corps veteran, is urging President Biden to enforce U.S. law and policy amid evidence and reports that Israel has restricted the flow of U.S. aid to Gaza – where over one million Palestinians are experiencing catastrophic levels of starvation.

In a letter to President Biden, Congressman Carbajal and 86 Members of Congress raised concerns about the Israeli government’s conduct of the war in Gaza, especially its restrictive policies on humanitarian assistance.  The letter also calls for the administration to enforce National Security Memorandum 20 and its underlying law, Section 620I of the Foreign Assistance Act.

Section 620I of the Foreign Assistance Act prohibits the United States from providing security assistance or arms sales to any country when the President is made aware that the government “prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assistance,” the members wrote.” “We believe that despite recent advancements, there is sufficient evidence that Israel’s restrictions on the delivery of US-backed humanitarian aid violate Section 620I of the Foreign Assistance Act, and therefore call into question the assurances Israel provided pursuant to National Security Memorandum 20.”

The new letter comes two weeks after Rep. Carbajal helped Congress approve $9 billion in humanitarian aid as part of the latest national security funding package.

Congressman Carbajal advocated for the passage of that humanitarian aid over the past six months, and has continued to push the Biden Administration to help scale up efforts to deliver life-saving aid to Palestinian civilians in Gaza, seek the renewal of a humanitarian ceasefire, secure the release of the remaining hostages held by Hamas, and emphasize to Israel the need for a strategy that protects civilian life.

In addition, Rep. Carbajal has repeatedly voiced concerns to President Biden over Israel’s military operational strategies, and signed a resolution calling for a renewal of a humanitarian ceasefire that had previously helped facilitate safe delivery of humanitarian aid and the release of hostages being held by Hamas.

The full letter sent to President Biden can be found here and below:

Dear President Biden:

In light of the recent passage of H.R. 8034 to provide security assistance to Israel and humanitarian aid for global crises, and in anticipation of the May 8th congressional reporting deadline required by National Security Memorandum 20 (NSM-20), we write to express our alarm at the deepening humanitarian catastrophe in the Gaza Strip. We urge you to enforce NSM-20, including the underlying law, Section 620I of the Foreign Assistance Act.

We strongly support Israel’s right to self-defense and condemn the brutal terrorist attack by Hamas on October 7, in which Hamas killed over 1,200 Israelis, took 235 people hostage, and committed gross violations of international law and human rights. We continue to call on Hamas to immediately release all hostages unconditionally, and strongly support your Administration’s efforts to broker a bilateral ceasefire that includes the release of hostages. We condemn the recent unprecedented Iranian attack against Israel launched on April 13 and believe that we must continue to avoid a major regional conflict. To this end, we welcome the concerted diplomatic efforts by the U.S. and allies to prevent further escalation.

We also continue to have serious concerns regarding the Israeli Government’s conduct of the war in Gaza as it pertains to the deliberate withholding of humanitarian aid. From the outset of the war, the Netanyahu government severely restricted the entry of humanitarian aid into the Gaza Strip. Despite repeated requests by your Administration over the past several months, the Netanyahu government resisted efforts to open sufficient land and sea routes for aid into Gaza; failed to facilitate the entry of enough humanitarian aid to prevent the civilian population from facing famine; denied humanitarian access requests; and enforced arbitrary restrictions on humanitarian goods. Humanitarian aid organizations have observed how the current Israeli inspection system poses a major impediment to allowing the entry of sufficient quantities of humanitarian aid. These restrictions on US-backedhumanitarian aid efforts have contributed to an unprecedented humanitarian catastrophe for Palestinian civilians and to credible reports of famine in parts of Gaza, according to USAID Ambassador Samantha Power.

As a result of your persistent pressure on Prime Minister Netanyahu, we note the Israeli government’s recent policy changes to allow an increase of trucks into Gaza, and the opening of additional aid routes and entry points, including the Ashdod port and the Erez Crossing, for the delivery of humanitarian assistance.  However, we agree with Secretary Blinken that these efforts need to be carried out fully and may not be sufficient to address U.S. concerns. According to reports, the trucks entering are often half-empty. The Netanyahu government must implement an exhaustive, sustained effort to counteract the harm caused by its own restrictive policies. Section 620I of the Foreign Assistance Act prohibits the United States from providing security assistance or arms sales to any country when the President is made aware that the government “prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assistance.” As required by your Administration’s National Security Memorandum 20, the Israeli government hasprovided written assurances specifically certifying that it will comply with Section 620I.

We believe that despite recent advancements, there is sufficient evidence that Israel’s restrictions on the delivery of US-backed humanitarian aid violate Section 620I of the Foreign Assistance Act, and therefore call into question the assurances Israel provided pursuant to National Security Memorandum 20. It is incumbent upon the Secretary of State or Secretary of Defense to begin the assessment and remediation process outlined in the memorandum and consider the variety of tools available to the administration to address these continued violations, from refreshing the assurances to withholding specific arms transfers. We also urge you to make clear to Prime Minister Netanyahu that so long as Israel restricts, directly or indirectly, the facilitation of humanitarian aid delivery into Gaza, the Israeli government is risking its eligibility for further offensive security assistance from the U.S. The security assistance included in the recently passed security supplemental should not be interpreted as a blank check or as implicit approval of the Netanyahu government’s actions. Your administration retains the ability per U.S. law and NSM-20 to suspend certain transfers should it find the Netanyahu government is violating U.S. laws and policies. 

The language of Section 620I and National Security Memorandum 20 does not implicate U.S. funding for missile defense systems, including Iron Dome, as they are not provided under the authorities of the Foreign Assistance Act or the Arms Export Control Act. We continue to strongly support providing such lifesaving defensive funding to Israel. We also remain deeply committed to Israel’s security. We believe that a famine in Gaza is harmful to Israel’s own security interests, both in the immediate and the long term. Allowing famine to take hold in Gaza is already severely damaging the Israeli government’s international standing and harming prospects for peace.

Your Administration has rightly demanded that Israel do more to facilitate the entry of humanitarian aid. The Netanyahu government’s actions and policies call into question the assurances it has provided and justify an inquiry into its compliance with the provisions of U.S. law. We expect the Administration to ensure compliance with existing law and to take all conceivable steps to prevent further humanitarian catastrophe in Gaza.


Rep. Salud Carbajal represents California’s 24th Congressional District, encompassing Santa Barbara County and portions of San Luis Obispo County and Ventura County. He is a member of the Agriculture and Armed Services Committees, as well as the Transportation and Infrastructure Committee, where he serves as the top Democrat on the Coast Guard and Maritime Transportation Subcommittee.

Rep.SaludCarbajal

Written by Rep.SaludCarbajal

Press releases from the office of Rep. Salud Carbajal. He represents California’s 24th Congressional District, encompassing Santa Barbara County and portions of San Luis Obispo County and Ventura County. Learn more at https://carbajal.house.gov/

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35 Comments

    • SZQ – Sorry, but what? “Too much emphasis” on the starving children? The dying and maimed and limbless children? The family homes being bombed and wiping out entire families when NO HAMAS are there?

      I can’t believe you’re complaining about the collateral damage of a “war” against a surrounded civilian population that has no where to go.

      It’s like shooting all the fish in a barrel while trying to hit a few snails.

        • SZQ – Yeah, I think 10/7 has been pretty well covered and emphasized at this point. Honestly, I believe we’re past that now as over 1% of the entire population of Gaza has been killed now, 70% of those being innocent people, mostly children.

          Getting aid to these dying families is the critical thing now, given Israel won’t stop the bombing. Those innocent people need help.

          • How are we “past” 10/7 when Hamas has stated that their intent is to carry that operation out over and over again and when there are still innocent kidnap victims alive whose families suffer every single day?

            As long as the very real threat exists that Hamas will carry this out again then, unfortunately, in the eyes of many of those people who are potential victims of another Al Aqsa Flood operation, Netanyahu will have a justification for continuing the war.

            • Poor choice of words, my bad.

              The threat of 10/7 or something like it won’t die with Hamas (and the tens of thousands of innocent Gazans). Israel has only secured a new generation of terrorists, as I said they would at the beginning. They’ve isolated themselves and angered their neighbors further in the way in which they handled this. The “removal” of Hamas (I use quotes as terrorism will never disappear) will not protect Israel from further attacks. That’s why I find the massive slaughter of women and children to be so awful. Under the guise of “self defense,” Netanyahu has most likely put Israel at even more risk of attack now.

            • You don’t know much about military history, apparently, and the difference between firebombing and carpet bombing, versus simply bombing civilian areas.

              And guess what? Military technology and the laws of warfare tend to change over an 80 year stretch. Much of what both the Axis and Allies did in WWII would be considered as possible war crimes now.

                    • RUBAIYAT – Sorry, but what is your point? You were complaining that no ne is protesting Syria or Vietnam, then I pointing out that MANY did and are and now you’re saying that doesn’t fix things? What do you want? Your arguments are all over the place and mostly off topic.

                      And yes! Surviving US military leaders who committed war crimes SHOULD be tried. I absolutely agree!

              • And had those actions which would now be classified as war crimes not been taken because of the civilian suffering would the Allies have won the war? Would they have won it in the time frame they did? Would they have won it eventually at the cost of tens or hundreds of thousands of their own soldiers?

                Because I’m pretty sure that, had the international agreements on war crimes been in place prior to WW2 Hitler would not have restrained his efforts even if the US did.

                I like the idea that humanity evolves towards a moral construct that would minimize innocent civilian suffering and death due to war and armed conflict. Unfortunately, I don’t see national leaders around the world conforming to this restrictions, particularly when they are losing.

                  • Really? You think Israel is winning the fight? I don’t think so. They have failed to achieve their military objectives in seven months, still have hostages suffering every day, are still being attacked, and have done massive harm to their nation internationally.

                    So, no, I’d say that they are not winning. In fact, I’d say that, in the short term, i.e., the next couple of years, they are in a no win situation.

                    • ALEX – yeah, good point. I guess I considered them “winning” since they’ve lost tens of thousands of civilians less than Gaza. But you’re right, this is NOT going well for them.

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