Biden and the American pay-for-slay law
In 2017, Congress passed the bipartisan Taylor Force Act (TFA) to put an end to the Palestinian Authority (PA) practice of using US taxpayers’ dollars to finance “Pay for Slay,” a policy rewarding terrorists and family members of imprisoned and deceased terrorists. The legislation’s clearly expressed goal is to deny the PA funding until it stops their program of incentivizing and paying for the murder of civilians. The bill was named after an American Army veteran who had served in Iraq and Afghanistan and was killed by a Palestinian terrorist while visiting Israel. The PA media called his killer a “martyr,” and he was venerated throughout the Palestinian territories.
The Taylor Force Act requires the Biden State Department to issue a report to Congress for Acts of Terrorism. Despite the report’s conclusion that the PA “has not terminated payments for acts of terrorism to any individual (and) has also not taken proactive steps to counter incitement to violence against Israel,” the administration’s report states that the “Biden-Harris Administration has made clear its intent to restart assistance to the Palestinians in the West Bank and Gaza.” Which is to say, they intend to ignore the continued support of terrorism and resume supplying the money.
The Biden administration claims it can restore funding to the PA without violating the TFA. It claims its goal is to provide humanitarian assistance, rebuild trust with the Palestinians that was undermined by the Trump administration, economically stabilize
the government while advancing the moribund peace process with Israel.
The Trump administration cut off funding to the PA and UNWRA, the UN agency that financially supports descendants of Palestinian refugees. The Biden administration is also planning as a goodwill gesture to reverse Trump’s decision to close the PLO / PA office in Washington,
which was done to give more consequence to their continuing to incite and pay for terrorism.
The State Department report is clear enough; it says the “PA expressed its intention to expend approximately $151.6 million in payments to convicted prisoners, administrative detainees, and former prisoners (and) expressed its intention to expend approximately $191 million
in support of families of deceased Palestinians referred to as ‘martyrs’ by the PA.” In November 2020, PA President Mahmoud Abbas said they would “remain loyal to the souls of martyrs, the blood of injured, and the sufferings of prisoners… we will not abandon them.”
The perverse incentive used by the PA is that the more gruesome and worse the attack, the more money
the imprisoned “martyr” and his family receive through the PA’s Martyr’s Fund. The PA spends nearly $350 million per year on Pay for Slay, but just $220 million for its other welfare programs for the rest of its citizens.
In Washington today, everything is seen through a political lens. In 2017, Senate minority leader Chuck Schumer said, “Abbas has to stop making payments to terrorists and their families, and all elected officials should call them out.” Will Schumer, now majority leader, challenge the president of his party to keep the pressure on the Abbas and enforce the law? Or will he go along with spinning some words to fashion a legal loophole to allow money to flow to the PA? The PA would like to create a legal fiction by distributing the money through the PLO, Abbas being both the president of the PA and head of the PLO.
For the first time in 16 years, the Palestinian people will be voting for a new president and parliament. The list of potential candidates is not promising if you are looking for moderation. The leading candidates try to outdo one another with their non-conciliatory rhetoric and incitement of violence.
The Biden administration should learn from prior administrations’ failures. America giving the PA carrots without reciprocal concessions has never been fruitful. As surely as the sun rises in the east, giving up leverage for nothing gets you nowhere with the PA/PLO.
The administration needs uphold the Taylor Force Act.
The writer is the director of MEPIN (Middle East Political Information Network). He regularly briefs members of Congress and their foreign policy aides. He is the senior security editor for The Jerusalem Report. His work appears in The Hill, National Interest, RealClearWorld, the Forward, JNS, i24, Rudow (Iraq), Jewish Week, IsraelNationalNews, JTA, Algemeiner, WorldJewishNews, Israel Hayom, Thinc., and Defense News. to