FMEP Legislative Round-Up September 13, 2024

Resource

1. Bills, Resolutions
2. Letters
3. Hearings
4. Israel/Palestine in 2024 Elex/Politics
5. Selected Media & Press releases/Statements

New from FMEP:

  • 9/17/24: New installment of Just Vision’s series – In Context: Briefings on Israel-Palestine, “In Context Briefing on Defending Dissent: Palestine, Freedom of Speech and the Future of Protest“, ft. Fadi AbuShammalah, Journalist from Gaza and Outreach Associate, Just Vision; Sabiya Ahamed, Staff Attorney, Palestine Legal; Lara Friedman, President, Foundation for Middle East Peace; Maria LaHood, Deputy Legal Director, Center for Constitutional Rights; Simone Zimmerman, Director of Strategic Communications & Outreach, Diaspora Alliance and co-founder, IfNotNow; amd Suhad Babaa (Moderator), President and Executive Director, Just Vision. “As we approach November’s historic election and a new semester begins on college campuses, all eyes are on the precarious state of American democracy. Top of mind for many are urgent questions about free speech, dissent and growing concerns surrounding the U.S.’s role in Israel-Palestine. Over the past year, those who criticize Israel’s conduct in Gaza have faced extreme repression, including expulsions from their universities, dismissal from employment, doxing and, at times, arrest and violence from police.  Join us on Tuesday, Sept 17 at 11:00 am ET / 6:00 pm Jerusalem time to learn more about growing repression of dissent on Israel-Palestine, a trend that has built over decades and escalated in the past year. From anti-boycott legislation to the recent arrests of student protestors, leading experts will examine how these actions impact American democracy and our right to collectively organize on a range of issues – from Palestinian rights to the environment, racial justice, reproductive rights and beyond – at such a critical juncture. Register here.” Cosponsored by: Just Vision, the Institute for Middle East Understanding (IMEU), Jewish Currents, Palestine Legal, the Foundation for Middle East Peace (FMEP), Diaspora Alliance and Center for Constitutional Rights (CCR).

1. Bills & Resolutions

(TARGETING NGOs THAT SUPPORT PALESTINIAN RIGHTS) HR 9495 (text): Introduced 9/9/24 by Tenney (R-NY) and 3 bipartisan cosponsors – Kustoff (R-TN), Schneider (D-IL) & Titus (D-NV) – “To amend the Internal Revenue Code of 1986 to postpone tax deadlines and reimburse paid late fees for United States nationals who are unlawfully or wrongfully detained or held hostage abroad, to terminate the tax-exempt status of terrorist supporting organizations, and for other purposes.” Marked up in the House Ways and Means Committee 9/11/24 and passed by the Committee by a vote of 38-0 – see Section 4, below, for details. Also see: Tenney press release – Congresswoman Tenney’s Stop Terror-Financing and Tax Penalties on American Hostages Act Passes Markup; Kustoff press release – Kustoff Bill, the Stop Terror-Financing and Tax Penalties on American Hostages Act, Passes Ways and Means Committee

(FEDERAL ANTISEMITISM CZAR) S. Amdt. 3276 to S.4638: Offered 9/12/24 by Rosen (D-NV), and amendment to the FY25 NDAA to establish “within the Executive Office of the President the position of National Coordinator to Counter Antisemitism” and to require the President to establish an “Interagency Task Force to Counter Antisemitism. ” Under this legislation:

  • the National Coordinator to Counter Antisemitism will “serve as the principal advisor to the President on countering domestic antisemitism“; “coordinate Federal efforts to counter antisemitism, including ongoing and multiyear implementation of Federal Government strategies to counter antisemitism“; and “conduct a biennial review of the implementation of Federal Government strategies to counter antisemitism for a period of 10 years, including– (A) an evaluation of all actions that have been implemented; and (B) recommendations for any updates to those actions, as necessary; and (4) review the internal and external antisemitism training and resource programs of Federal agencies and ensure that such programs include training and resources to assist Federal agencies in understanding, deterring, and educating people about antisemitism.”
  • the Interagency Task Force to Counter Antisemitism” will: “Coordinate implementation of Federal Government strategies to counter antisemitism“; “Measure and evaluate the progress of the United States in the areas of– (A) providing education about antisemitism; (B) countering antisemitism; and (C) providing support, protection, and assistance to individuals and communities targeted by antisemitism“; “Create and implement interagency procedures for collecting and organizing data, including research results and resource information from relevant agencies (as described in subsection (b)) and researchers, on domestic antisemitism, while– (A) respecting the confidentiality of individuals targeted by antisemitism; and (B) complying with any Federal, State, or local laws affecting confidentiality, such as laws applying to court cases involving juveniles”; and “Engage in consultation with Congress, nonprofit organizations, including Jewish community organizations, and other entities, as determined to be appropriate by the Task Force, to advance the purposes of this section.“

(FEDERAL ANTISEMITISM MONITORS FOR US COLLEGES) HR 9530: Introduced 9/10/24 by Torres (D-NY) and Lawler (R-NY), “To require the Secretary of Education to establish a program to provide for antisemitism monitors at institutions of higher education.”  Referred to the House Committee on Education and the Workforce. NOTE: Torres and Lawler have been talking about this bill since April — see coverage from the 4/26/24 edition of the Round-Up: 

On 4/26/24, Jewish Insider reported: Torres, Lawler push for federal antisemitism monitors on college campuses. Per that report, “As encampments of anti-Israel protesters spring up on a growing number of campuses across the country bringing with them instances of antisemitism, Reps. Ritchie Torres (D-NY) and Mike Lawler (R-NY) are threatening to condition federal funding for universities as part of a push for more stringent federal oversight and monitoring of campus antisemitism, Jewish Insider has learned. The lawmakers plan to introduce the College Oversight and Legal Updates Mandating Bias Investigations and Accountability (COLUMBIA) Act, which would allow the Department of Education to impose a third-party monitor for antisemitic activity on any campus receiving federal funding. Schools that do not adequately cooperate with monitoring could potentially lose their federal funding. Compliance with such monitoring would, under the proposed legislation, be a condition of receiving continued federal funds; the monitor would release quarterly public reports on the progress that schools have made in addressing antisemitism and providing recommendations to federal, state and local lawmakers and officials.” Also: “The proposed monitors would be appointed by the secretary of education, while expenses for the monitors would be paid by the schools being monitored.”

Also see:

  • Lawler press release 4/26/24 – Reps. Lawler, Torres Introduce Legislation Empowering Federal Department of Education to Impose a Third-Party Antisemitism Monitor On Colleges and Universities Receiving Federal Funding;
  • My X-thread 4/26/24 on this legislative initiative: “...As the House gets set to pass legislation that would codify/endorse the IHRA definition of antisemitism on US campuses, 2 members of Congress who back that bill have helpfully given us a hint at the future they they envision 1/  Reminder: the SOLE PURPOSE of codifying the IHRA definition is to legally enforce the conflation of criticism/protest of Israel/Zionism with antisemitism, so as to delegitimize/punish/quash/chill ideas/criticism/protest that doesn’t align with unconditional support for Israel. 2/ What might that look like? We don’t need to speculate because 2 House reps are getting set to introduce complementary legislation to add extremely sharp teeth to the IHRA definition on campus. 3/ Say hello to the “College Oversight and Legal Updates Mandating Bias Investigations and Accountability (COLUMBIA) Act” which per @J_Insider would allow the Dept of Education ‘to impose a 3rd-party monitor for antisemitic activity on any campus receiving federal funding.’…Maybe you love this idea; maybe you hate it. Either way, don’t say you didn’t know. Final reminder: [embedded evergreen X-post] – The battle over the IHRA definition of antisemitism, in a nutshell: ‘you have to define it to fight it’ = ‘you have to define all meaningful criticism of Israel/its policies/ Zionism as ‘antisemitism’ in order to suppress it, because we can’t win the arguments otherwise.’“
  • National Review 5/15/24: Representatives Lawler, Torres Pitch Antisemitism Monitors on College Campuses

(BARRING ENTRY OF PALESTINIANS INTO THE US) HR 9526: Introduced 9/10/24 by Mace (R-SC), and 3 cosponsors (all Republicans), “To prohibit certain actions related to aliens who habitually resided in the Palestinian-administered territories, and for other purposes,” aka, the “No Amnesty for Hamas Sympathizers Act.” Referred to the House Committee on the Judiciary. Also see: press release – Congresswoman Nancy Mace Introduces Common-Sense Legislation To Prohibit Amnesty For Hamas Sympathizers; Republican lawmakers push to keep Palestinians, sympathisers out of US – Proposed bills such the “No Amnesty for Hamas Sympathizers Act” reflect a broader effort to silence pro-Palestine voices amid escalating tensions in Gaza. (TRT World 9/13/24)

(TARGETING THE HOUTHIS) HR 9564: Introduced 9/12/24 by Issa (R-CA) and Phillips (D-MN), “To authorize the imposition of sanctions with respect to the Houthis, and for other purposes.“ Referred to the Committee on Foreign Affairs.

Coming Soon!

(US MUST TREAT SETTLEMENTS AS PART OF ISRAEL – & NOT DOING SO IS ANTI-ISRAEL,ANTISEMITIC BDS) HR 5179: Introduced 8/8/23 by Tenney (R-NY), “To require the maintenance of the country of origin markings for imported goods produced in the West Bank or Gaza, and for other purposes,” aka, the “Anti-BDS Labeling Act.” On 9/10/2024, placed on the Union Calendar, Calendar No. 55 (setting the stage for it can be brought to the floor for a vote). 

  • Reminder from the 4/19/24 edition of the Round-Up: As has always been the case in this battle over how to label the place-of-origin of settlement products, this argument behind HR 5179 boils down to: (1) if people know that a product was produced in a settlement, some will likely choose NOT to buy the product, in a decision that reflects their personal opposition to Israeli occupation/settlements; (2) such an action by an individual consumer, as an expression of their own deeply-held values, is a form of BDS and as such is antisemitic, anti-Israel; (3) the U.S. government, as part of its support for its ally Israel, must implement policies that in effect establish special place-of-origin rules for Israel [i.e., hold Israel to a different standard than the rest of the world] that protect Israel/settlements; (4) These Israel-specific rules-of-origin must ensure that U.S. consumers who might want to make an informed decision with respect to purchasing or not purchasing settlement products are prevented from doing so — in this case, by depriving them of accurate place-of-origin data; and (5) Failure to implement/enact policies that in effect prevent US consumers making informed decisions with respect to whether or not they wish to purchase settlements products is antisemitic, anti-Israel, and a form of BDS.
  • Also see Tenney press release on committee passage of HR 5179 – “…For years, the anti-Semitic BDS movement has sought to cripple the Israeli economy and arbitrarily discriminate against goods made in Israeli-controlled areas of Judea and Samaria…Ways and Means Republicans reinforced existing U.S. policy that prevents federal funds from being used to support the BDS movement. By passing this bill out of Committee, we reiterate our support for our greatest ally in the Middle East and the lone beacon of freedom and democracy, Israel.”

(DISAPPROVING OF ARMS SALE TO ISRAEL) Sanders says he’ll introduce resolution to block $20 billion arms sale to Israel as support for arms embargo grows (Mondoweiss 9/11/24)

2. Letters

3. Hearings & Markups

September 19, 2024: The Senate Judiciary Committee will hold a business meeting, during which they will mark up a number of pieces of legislation, including  S. 2082: Introduced 6/21/23 by Cornyn (R-TX) and 19 bipartisan cosponsors, “A bill to make technical corrections relating to the Justice Against Sponsors of Terrorism Act,” aka, the “Ensuring Justice for Victims of Terrorism Act.” Referred to the Committee on the Judiciary. Reminder: Cornyn’s press release re: S. 2082: “The Ensuring Justice for Victims of Terrorism Act makes three technical corrections to the Justice Against Sponsors of Terrorism Act (JASTA) that would: Clarify that injured plaintiffs can sue foreign state defendants for aiding and abetting terrorism and ensure that liability may be asserted as to any person or entity that aids or abets terrorism; Ensure that plaintiffs, if they obtain on a JASTA claim, can collect their judgement; and Clarify that all U.S. citizens injured in their person, business, or property may recover under JASTA.“

September 19, 2024: The House Foreign Affairs Committee will hold a hearing entitled, Israel and the Middle East at a Crossroads: How Tehran’s Terror Campaign Threatens the U.S. and our Allies. Scheduled witnesses are: Elliott Abrams, former official serving in several Republican administrations who in 1991 was convicted of unlawfully withholding information from Congress;  Kirsten Fontenrose, Former Senior Director for the Gulf at the NSC; Carrie Fillipetti, the Vandenberg Coalition; and Jonathan Lord, Center for a New American Security

September 17, 2024: The Senate Judiciary Committee will hold a hearing entitled, A Threat to Justice Everywhere: Stemming the Tide of Hate Crimes in America. No witnesses have been announced as of 9/12/24. Also see: Senate Judiciary Committee announces first post-Oct. 7 hearing on hate crimes – The announcement does not make any specific mention of antisemitism (Jewish Insider)

September 12, 2024: The Senate Foreign Relations Committee held a hearing entitled, Anti-NGO Laws and Other Tools of Democratic Repression [but, notably, looking only overseas, rather than at the US, and of course, not once mentioning Israel…]  Witnesses were: Douglas Rutzen, International Center for Not-For-Profit Law (testimony); Yaqiu Wang, Freedom House (testimony); and Eka Gigauri, Transparency International Georgia (testimony). Also see: hearing video.

September 11, 2024: The House Ways and Means Committee held a markup of various pieces of legislation, including HR 9495 (text; committee description), introduced 9/9/24 by Tenney (R-NY) and 3 bipartisan cosponsors – Kustoff (R-TN), Schneider (D-IL) & Titus (D-NV) – “To amend the Internal Revenue Code of 1986 to postpone tax deadlines and reimburse paid late fees for United States nationals who are unlawfully or wrongfully detained or held hostage abroad, to terminate the tax-exempt status of terrorist supporting organizations, and for other purposes.” See section 1, above, for more details on the bill. The Committee adopted an amendment in the nature of a substitute (description) to HR 9495 by a voice vote, and then passed the bill (as amended) – paving the way for a vote on the House floor – by a vote of 38-0.

September 10, 2024: (Rescheduled) The House Financial Services Committee held a hearing entitled, The Fall of ESG: Scrutinizing the Failed Use of Environmental, Social, and Governance Standards and the Influence of Proxy Advisors (hearing video). Witnesses were are: Charles Crain, Vice President of Domestic Policy, National Association of Manufacturers (statement); Tim Doyle, Founder and Principal, Doyle Strategies (statement); and Michael Frerichs, Treasurer, State of Illinois (statement) [for some context on Frerichs: 10/12/24: Frerichs announces $10 million state investment in Israel Bonds; 5/10/23: Statement Before the House Committee on Oversight and Accountability For the Hearing Entitled “ESG Part I: An Examination of Environmental, Social, and Governance Practices with Attorneys General”]  NOTE: Claims that ESG is antisemitic and cover for BDS, based on the argument that, in effect, any adverse business decision or advice related to Israel can ONLY be a form of antisemitism or BDS, have been a key weapon (if not THE key weapon) used to attack ESG.  And notably, much of the anti-ESG legislation in various US states (introduced and in some cases passed) has been modeled on anti-BDS legislation. Also see: Bloomberg Law 8/29/24: Anti-ESG Bills, Priorities Stall in Congress’ Fourth Quarter (1)

4. Israel/Palestine in 2024 Politics/Elex

5. Selected Media & Press releases/Statements

Israel in Congress

American Killed by IDF in West Bank & Israel’s war on Gaza

  • Sanders (I-VT) 9/11/24: X-post – “This week: 19 people killed & scores injured in a strike in a “humanitarian zone” in Gaza. An American shot in the head in the West Bank. Now, another school bombed, killing 14 people, including 6 UN aid workers. Enough is enough. No more money for Netanyahu’s war machine.“
  • Watson Coleman (D-NJ) 9/11/24: X-post – “I am deeply disturbed by the tragic killing of 26-year-old American citizen Aysenur Ezgi Eygi by Israeli Defense Forces following a peaceful protest in the Occupied West Bank. My full statement below:” full statement (pdf)
  • Escobar (D-TX) 9/10/24: X-thread – “Millions of innocent, vulnerable civilians in Gaza fled south at Israel’s command to promised safety. Instead, they have been met with indiscriminate bombing, famine, and violence, as Israel has ensured there is no safe ‘humanitarian zone’ in all of Gaza[.] I condemn in the strongest possible terms the senseless murder of Aysenur Eygi, a U.S. citizen, as well as the continued violations of the laws of war by Netanyahu, including last night’s bombing in Al-Malawi [sic – Mawasi]. And I again urge the administration to withhold any further offensive weapons until Israel heeds U.S. guidance and follows international standards. Israel’s right to defend itself after the horrific October 7 attack by Hamas does not justify the way Netanyahu has chosen to execute this war and these horrific actions.” 
  • Jewish News Syndicate 9/10/24: No crueler fate than parent ‘waiting for a horribly injured child’s release,’ senator says [“Sen. Dick Durbin (D-Ill.) spoke about Hersh Goldberg-Polin and his parents and criticized the Israeli prime minister on the Senate floor.“]
  • Raskin (D-MD) 9/10/24: X-post – “America and the world mourn the loss of Aysenur Ezgi Eygi, a 26-year-old American killed while protesting in the West Bank. Everyone has a right to free speech without being shot down by a state. I’m joining global calls for accountability after this unprovoked killing of an American.”
  • Jayapal (D-WA) 9/10/24: X-post – “This is beyond tragic. The Israeli gov’t is violating int’l humanitarian laws and US domestic law, attacking safe zones with no consideration for innocent Palestinian lives. The US must stop sending offensive weapons to conduct this war. ENOUGH.” Linked to article, Dozens killed, wounded in Israeli strikes on Gaza tent camp (Reuters 9/10/24)
  • Jayapal (D-WA) 9/10/24: X-post in response to Biden statement: “Unacceptable, @POTUS. This is an outrageous statement. We cannot simply accept IDF’s version that this was an ‘accident.’ We do not know that, it’s why we need independent investigation. What accountability will there be when we keep supplying the weapons against our own laws?“
  • Schneider (D-IL) 9/10/24: X-thread – “The heartbreaking death of American Aysenur Ezgi Eygi should never have happened. I fully support Secretary Blinken’s call for full accountability for those responsible & fundamental changes to how the Israeli security forces achieve their critical mission in the West Bank. No matter the complexity of Israel’s security challenges, the IDF must consistently adhere to its own official code of ethics. May her memory be a blessing.” Linked to article: Blinken calls for ‘fundamental changes’ after American woman killed in West Bank (The Hill 9/10/24)
  • Pressley (D-MA) 9/9/24: X-post – “Aysenur Ezgi Eygi should be alive today. Instead, she was shot in the head and killed by the IDF while protesting Israel’s illegal occupation of the West Bank. She was an American citizen. There must be accountability and a thorough, independent investigation.”
  • Grijalva (D-AZ) 9/9/24: X-post – “My deepest sympathies to the family of Ayşenur Ezgi Eygi, a U.S. citizen who was peacefully protesting the illegal Israeli occupation in the West Bank. I support her family’s call for an independent investigation into the circumstances of her tragic death.”
  • Tlaib (D-MI) 9/9/24: X-post – “Dear Americans, If you are killed by the Israeli government, our country won’t care. No one will be held accountable. It doesn’t matter who you are, Israel can kill Americans and get away with it.” [in response to comments from the State Dept spokesman ]
  • Garcia (D-IL) 9/9/24: X-post – “I strongly condemn the killing of Ayşenur Eygi, an American citizen protesting illegal Israeli occupation in the West Bank, and support her family’s call for an independent investigation into her death.“
  • McCollum (D-MN) 9/7/24: X-post– “My sincere condolences to the family of Ms. Aysenur Eygi, the 26-year-old American peace activist, who was shot in the head and killed by Israeli Defense Forces in the Palestinian West Bank. Aysenur’s murder is a crime and the Biden administration must hold Israel accountable.”
  • Moulton (D-WI) 9/7/24: X-post – “We need answers whenever an American is killed abroad. — hostages, protestors, tourists, anyone. In this case, why was an American shot via what appears to be abuse by an Israeli soldier. We have to have answers, regardless of where this occurs. @StateDept @POTUS“
  • Murray (D-WA) 9/6/24: X-post – “I am heartbroken & angry about the killing of Aysenur Ezgi Eygi, an American citizen, in the West Bank today, who was peacefully protesting against illegal settlement activity. Israel must deliver answers immediately & hold the perpetrators fully accountable...” Also see – Murray (D-WA) 9/6/24: Senator Murray Statement on the Death of Aysenur Ezgi Eygi
  • Cantwell (D-WA) 9/6/24: X-thread – “The death of Aysenur Eygi is a tragedy. My office has been in contact with the State Department and our U.S. Embassy in Israel regarding her death. I will do whatever I can to help her family at this difficult time. (1/2) Our hearts and prayers are with her family and her many friends in the greater Seattle area. (2/2)“

Recess travel in the Middle East

Targeting Free Speech/Academia

  • Washington Times 9/11/24: The Biden-Harris administration has failed our students
  • McConnell (R-KY) 9/10/24: Back to School For Campus Radicals, Student Loan Socialism [“…Back in May, the tantrums of campus radicals made some elite schools so inhospitable to learning – particularly for Jewish students – that administrators were driven to cancel commencement ceremonies. Since then, Columbia University’s president has resigned, along with three deans who were put on notice for antisemitic comments made about a panel on Jewish life on campus back in May. These are, of course, steps in the right direction for an Ivy League institution that professes a commitment to ‘thoughtful, rigorous debate’ and a campus culture ‘free of bigotry, intimidation, and harassment’. But Columbia and other universities have a great deal of work still to do to earn back the trust of students, parents, and alumni, alike. And other recent personnel decisions inspire less confidence. Remember, for example, the Columbia doctoral student who served as the unofficial spokesperson of the violent Hamasnik mob that forcefully occupied a campus building?..”] Also see: McConnell urges Columbia, elite schools not to tolerate ‘tantrums of campus radicals’ (Jewish Insider 9/11/24)
  • Smith (R-MO) 9/6/24: Standing up to antisemitism [“Anyone with a sliver of decency would agree that Hamas is pure evil. But as we’ve seen at so-called “pro-Palestinian protests” across the country, far too many people here in the U.S. support Hamas and its evil goal of wiping Israel – and millions of innocent people – off the face of the earth. These hate-filled groups spray paint awful phrases like ‘Death to America’, ‘Hamas is coming’, and ‘from the river to the sea’ on public property. They take down the American flag, burn it, and replace it with the Palestinian flag. They target, harass, and chase down Jewish college students who are just trying to get to class. In Washington, I’ve been on the frontlines in the fight to combat antisemitism – especially on college campuses. As Chairman of the Ways and Means Committee, which has jurisdiction over the tax code, I’ve been leading Congress’s investigation into the rise in antisemitism on the campuses of tax-exempt universities. The generous benefits these universities receive under the U.S. tax code are not a blank check. By failing to ensure a safe learning environment – including protecting Jewish students from harassment and violence – they are putting their lucrative tax benefits at risk. As a new semester begins, I’m closely monitoring universities that have failed to protect Jewish students. These universities must prove to Congress and, more importantly, Jewish students, that they are willing to stand up to antisemitic hatred. I’ll keep fighting tooth and nail until every Jewish student on an American university campus feels safe…“

Other stuff