FMEP Legislative Round-Up: May 17, 2024

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

Highly recommended:

  • On 5/14/24 the Arab American Institute (AAI) sent a letter to leaders of the Senate Judiciary Committee laying out concerns and objections related to the Countering Antisemitism Act – aka the CAA (S. 4091/HR 7921). In addition, AAI produced a superb, comprehensive analysis of the threat posed by the CAA, as well as a handy (and excellent) FAQ summarizing key concern.

1. Bills & Resolutions

(HOLDING SALARIES FOR KEY US OFFICIALS, AND $$ FOR KEY NATSEC PROGRAMS HOSTAGE TO FUNDS BEING GIVEN TO ISRAEL) HR 8369: Introduced 5/14/24 by Calvert (R-CA) and 117 cosponsors (all Republicans), the “Israel Security Assistance Support Act.” This bill would, in effect, bar funding for key US national security functions (including salaries) if any funding for Israel is delayed/withheld. The bill was introduced and taken up immediately by the House Rules Committee 5/14/24 (skipping even the pretense of any discussion/oversight in committees of jurisdiction), with media around the bill (which started days before it was formally introduced) making clear that the goal was to create political pair for Democrats, given their desire to both show support for Israel and to defend President Biden’s (largely performative, temporary) move the prior week to temporarily pause provision of one specific kind of bomb. Also, for the Hill nerds: note that as happened a few weeks ago with the Antisemitism Awareness Act, House leadership found a way to skip the committee process but still bring HR 8369 to the floor under normal order, meaning it could pass by a simple majority, rather than the 2/3 majority required for measures brought to the floor on the suspensions calendar – which given that it was clear that the overwhelming majority of Democrats would vote against the bill was critical to passing the measure). Further details:

(CONGRESS MUST HAVE POWER TO PREVENT ANY DELAYS/LIMITS ON ARMS SALES TO ISRAEL!!!) HR 8437 (bill text): Introduced 5/16/24 by McCaul (R-TX) and 31 cosponsors (including 6 Democrats), “To provide for congressional oversight of proposed changes to arms sales to Israel,” aka, the “Maintaining Our Ironclad Commitment to Israel’s Security Act.” Referred to the Committee on Foreign Affairs, and the Committee on Rules. HFAC has already scheduled a mark-up of HR 8437 on 5/22/24. Democrats cosponsoring the bill are: Stanton (D-AZ), Sherman (D-CA), Manning (D-NC), Gottheimer (D-NJ), Golden (D-ME), and Moskowitz (D-FL).

(FORCE UNIVERSITIES TO CRACK DOWN ON PALESTINE RIGHTS PROTESTS) HR 8389: Introduced 5/14/24 by Molinaro (R-NY) and Gottheimer (D-NJ), “To amend the Higher Education Act of 1965 to require institutions of higher education to report to the Secretary of Education each incident of antisemitism reported to campus security authorities or local police agencies,” aka the “College Antisemitism Transparency Act.”  Referred to the Committee on Education and the Workforce, and the Committee on Oversight and Accountability. Also see: press release 5/14/24: Molinaro Introduces Bipartisan Bill To Crack Down On Antisemitism On College Campuses

(CUT OFF US FINDING TO UN IF UNGA GIVES PALESTINIANS *ANY* NEW PRIVILEGES/STATUS) HR 8345 [text]: Introduced 5/1024 by Baird (R-IN) and McCaul (R-TX),”To limit funds to the United Nations and other organizations that provide any status, rights, or privileges beyond observer status to the Palestine Liberation Organization, and for other purposes”, aka the “No Official Palestine Entry (NOPE) Act.“Referred to the House Committee on Foreign Affairs. NOTE: this is the House companion to S. 4311, introduced in the Senate 5/9/24. Also see: press release –  McCaul, Baird Introduce the No Official Palestine Entry (NOPE) Act

(WTAF? HOW DARE BIDEN NOT SEND EVERY POSSIBLE WEAPON/AMMO TO ISRAEL?) H. Res. 1219: Introduced 5/10/24 by Miller (R-OH) and McCaul (R-TX), “Condemning the Biden Administration’s decision to pause certain arms transfers to Israel.” Referred to the House Committee on Foreign Affairs. Also see: press release – U.S. Congressman Max Miller Introduces Resolution Condemning Biden Decision to Pause Certain Arms Transfers to Israel

(WTAF? HOW DARE BIDEN NOT SEND EVERY POSSIBLE WEAPON/AMMO TO ISRAEL?) H. Res. 1224: Introduced 5/10/24 by Van Drew (R-NJ), “Condemning President Biden’s threat to withhold aid and military assistance to Israel.”  Referred to the House Committee on Foreign Affairs. Also see: press release – Congressman Van Drew Introduces Resolution To Condemn President Biden’s Threat to Withhold Aid to Israel

(IMPEACHING BIDEN FOR DARING TO PAUSE SENDING OF ANY WEAPONS/AMMO TO ISRAEL) H. Res. 1220: Introduced 5/10/24 by Mills (R-FL) and Crane (R-AZ), “Impeaching Joseph Robinette Biden, Jr., President of the United States, for high crimes and misdemeanors.” Referred to the House Committee on the Judiciary. Also see: press release – Rep. Mills Introduces Article Of Impeachment For President Joseph Robinette Biden Jr. For Soliciting ‘Quid Pro Quo’ [“‘As a member of the House of Representatives, it is my constitutional duty to present articles of impeachment against Joe Biden for his most recent abuse of power,’ said Rep. Mills. ‘In violation of his oath to faithfully execute the office of President and to uphold the Constitution, President Biden abused the powers of his office by soliciting a ‘quid pro quo’ with Israel while leveraging vital military aid for policy changes. This egregious action not only compromised the credibility of the United States but also undermined the interests of our longstanding ally, Israel. Therefore, President Biden’s conduct warrants impeachment, trial, removal from office, and disqualification from holding any future office under the United States.’”]; media reports– Business Insider, Fox News, The Hill, Washington Examiner

(RECOGNIZING PALESTINIAN RIGHTS/HISTORY) H. Res. 1231: Introduced 5/15/24 by Tlaib (D-MI) and 3 Democratic cosponsors, “Recognizing the Nakba and Palestinian refugees’ rights.” Referred to the House Committee on Foreign Affairs. Also see: press release – Tlaib Introduces Resolution Recognizing 76 Years of the Nakba; Tlaib’s new Nakba resolution accuses Israel of genocide and ethnic cleansing (Jewish Insider 5/15/24)

 

2. Letters

No US Discrimination or Other Mean Stuff Against Israel!

Targeting UN (incl UNRWA) and ICC

Targeting Academia/Free Speech/Right to Protest

Other stuff

 

3. Hearings & Markups

5/15/24: The House Judiciary Committee’s Subcommittee on the Constitution and Limited Government held a hearing entitled, Antisemitism on College Campuses. Witnesses were: Mark Goldfeder, National Jewish Advocacy Center [and the American Central for Law & Justice, ACLJ] (statement); Shabbos Kestenbaum, Graduate Student, Harvard University (statement – note: he also testified 5/29/24 in a House Committee on Education & the Workforce “Bipartisan Member Roundtable” entitled, “Antisemitism at Postsecondary Institutions, for details see the 3/1/24 edition of the Round-Up); Eyal Yakoby, Undergraduate Student, University of Pennsylvania (statement – note: Yakoby is part of a lawsuit against U Penn); and Kevin Rachlin, Nexus Project (statement). Also see:

5/17/24: The House Foreign Affairs Committee held a show trial…sorry, I mean which hunt…sorry, I mean “hearing,” entitled, “Eliminating U.S. Aid to Terrorists – New Policies for the U.S. Gov’t & Its Partners.” Witnesses were: Hillel Neuer, UN Watch (statement) and Yona Schiffmiller, NGO Monitor (statement), former UNRWA General Counsel James Lindsay (statement – who is in fact another strong critic/opponent of UNRWA); and Andrew Hyde, Stimson Center (UPDATE: his name appears in the hearing repository but no statement & he did not actually appear on the panel — so basically it was three anti-UNRWA voices). Also see: hearing video. [And I’m publishing this Round-Up a few hours before the hearing starts, which among other things spares me the torture of having to cover the details here – watch it for yourself].

5/21/24: The Senate Foreign Relations Committee will hold a hearing entitled, “American Diplomacy and Global Leadership: Review of the FY25 State Department Budget Request“. The sole witness will be SecState Blinken.

5/22/24: The House Foreign Affairs Committee will hold a markup of HR 8437 , “To provide for congressional oversight of proposed changes to arms sales to Israel,” aka, the “Maintaining Our Ironclad Commitment to Israel’s Security Act.”

5/22/24: The House Foreign Affairs Committee will hold a hearing entitled, “The State of American Diplomacy in 2024: Global Instability, Budget Challenges, and Great Power Competition.” The sole witness will be SecState Blinken.

5/22/24: The House Appropriations Committee will hold a hearing entitled, “Budget Hearing – Fiscal Year 2025 Request for the Department of State.” The sole witness will be SecState Blinken.

5/22/24: The House Foreign Affairs Committee’s Subcommittee on Oversight and Accountability will hold a hearing entitled, “Money is Policy: Assessing Shortcomings in the State Department’s Foreign Assistance Grants Process.” Witnesses announced so far are: Max Primorac, Heritage Foundation; and Robert Destro, former Assistant Secretary of State for Democracy, Human Rights, and Labor (a Trump political appointee).

5/23/24: The House Committee on Education and the Workforce held yet another kangaroo court session…I mean show trial… I mean “hearing” targeting academia, this time entitled, “Calling for Accountability: Stopping Antisemitic College Chaos.” Witness were: Michael Schill, President, Northwestern University (statement); Gene Block, Chancellor, UCLA (statement); and Jonathan Holloway, President, Rutgers University  (statement).

5/23/24: The House Appropriations Committee’s Subcommittee on Middle East, North Africa, and Central Asia will hold a hearing entitled, Fiscal Year 2025 Budget Request for Near Eastern Affairs. Witnesses will be Assistant Secretary of State for Near Eastern Affairs Barbara A. Leaf; and Deputy Assistant USAID Administrator for the Middle East Bureau Jeanne Pryor.

 

4. Israel/Palestine in 2024 Politics/Elex

General/Analysis/Commentary

New York

Maryland

Oregon

Arizona

  • Washington Post 5/16/24: The moderate reinvention of Ruben Gallego, Senate hopeful in Arizona [“Gallego has embraced some policy positions that show the balancing act he is undertaking. Asked about the war in the Middle East at his event, he said ‘Israel has a right to defend itself’ after the Oct. 7 Hamas attacks and he wants to see a two-state solution where Palestinians ‘have a country of their own.’“]

Pennsylvania

Texas

New Jersey

 

5. Selected Media & Press releases/statements

Student Protests

Targeting Civil Society/Free Speech/Right to Protest

  • Cassidy (R-LA) 5/16/24: Ranking Member Cassidy Delivers Remarks During Hearing on Dental Care [“…while I am interested in today’s hearing, there are other urgent issues impacting the lives of constituents that we should address. I have requested for months that this committee hold a hearing on the disturbing antisemitism spreading on college campuses. Jewish students are being threatened and assaulted. No student should be afraid while attending school and or be a victim of bigotry. So far, there’s been no commitment from the majority that we will exercise oversight over the response, or lack thereof, from universities and the Department of Education.”]
  • The Guardian 5/16/24: Washington is pushing policies to combat antisemitism. Critics say they could violate free speech
  • Arab Center/Ethan Mayer-Rich 5/15/24: Congress’s Crackdown on Campus Protests and the Threat to Civil Liberties
  • Nonprofit Law Prof Blog 5/15/24:The Republican Pincer Movement on Civil Society
  • JINSA 5/15/24: National Security Brief: Possible Terrorist Ties to U.S. Campus Protests [“Congress should invite the Director of National Intelligence and representatives from other relevant national security agencies for closed door briefings to understand the known scope of connections between Hamas and other terrorist organizations, if any, with these demonstrations. Given the fact at least 33 Americans were killed in the October 7 terrorist attack and many still are being held hostage by Hamas in Gaza, Congress should insist law enforcement agencies devote additional resources to fully enforce all statues aimed at preventing material support for Hamas and other terrorist organizations. Congress should consider potential legislation to increase transparency into foreign funding sources of universities and create mechanisms to coordinate with major banks regarding instances of foreign adversary funds being transferred to these universities. The House Oversight and Accountability Committee and other relevant oversight committees should conduct aggressive oversight into organizations reported to be leading, financing, and participating in the pro-Hamas protests that have engaged in illegal conduct.  Congress and the Executive Branch should develop new initiatives for working with universities and local and federal law enforcement to better identify and share information about the scope of the post-October 7 threats to Jewish students on campuses to better ensure student safety.“]
  • Washington Examiner – op-ed by Kustoff (R-TN) 5/14/24: Congress must scrub terrorism from the tax code
  • Nonprofit Law Prof Blog 5/13/24: Republicans Step Up Coordinated Attacks on Liberal Nonprofits
  • New York Times/Michelle Goldbert 5/10/24: What Part of Civil Society Will Trump’s Party Target Next?

Targeting Palestinians/ICC/UN

  • The Hill/Mark Goldfeder (former Trump lawyer) 5/13/24: UN backing of statehood for Palestine is a huge mistake [“As a political measure, the vote to give the PA full membership will be vetoed at the Security Council level — but that still leaves the United States with the choice to pull its funding from the U.N.  Under Public Law 101-246, “No funds authorized to be appropriated from this act or any other Act shall be available for the United Nations or any specialized agency thereof which accords the Palestine Liberation Organization the same standing as member states.” (The Palestinian Liberation Organization is the name of group that officially represents the Palestinian people at the U.N., while the Palestinian Authority is the recognized interim government on the ground.) The final draft removed the right to vote in the General Assembly from the list of privileges as an attempt to keep the U.S. sending money, but it still grants Palestine the same standing as member states in almost every respect, and so going forward any administration would have grounds to pull roughly one-fifth of the U.N.’s entire budget.”]
  • Jewish News Syndicate 5/12/24: GOP senators sponsor bill to cut UN funding over PA benefits

Targeting Biden Admin for Being Insufficiently Supportive of Israel

Defending Biden’s Israel Policy

Administration’s NSM-20 Report

  • The New Yorker 5/15/24: The Biden Administration’s Have-It-Both-Ways Report on Gaza [interview with Van Hollen, D-MD]
  • The Hill 5/12/24: Senate Democrat [Van Hollen, D-MD] defends criticism of US report on Israel war conduct
  • Welch (D-VT) 5/11/24: “…The Secretary’s assessments will only be seen by the Netanyahu Government as—at most—a slap on the wrist; it risks setting a dangerous precedent for future uses of U.S. weapons and munitions. The facts are undeniable. The Netanyahu government has created a humanitarian disaster in Gaza, supplied and perpetrated with U.S. planes, bombs, tanks, and firearms. Like many in Vermont and across America, I oppose this – which is why I voted against the National Security Supplemental package. Israel’s invasion of Rafah is only compounding this crisis. Aid is not flowing as it should now and the suffering is worsening, despite the State Department’s glass-half-full assessment…“
  • Van Hollen (D-MD) 5/10/24: “…The Administration created a tool to promote accountability but has come up very short in its implementation. When it comes to applying international law and human rights, you can’t cherry-pick the facts and the law. Today’s report also indicates a continuation of a disturbing pattern where the expertise and analyses of those working most closely on these issues at the State Department and at USAID have been swept aside to facilitate a predetermined policy outcome based on political convenience…”
  • Murphy (D-CT) 5/13/24: “I’m disappointed that ultimately the Administration failed to take a position in many cases and make the difficult determinations required, including whether Israel violated international law on mitigating civilian harm or facilitating humanitarian aid. It is true that in the weeks leading up to the report, the amount of humanitarian aid into Gaza had begun to tick up. But today the aid has once again virtually stopped flowing, demonstrating that Israel has not taken the necessary steps under U.S. and international law to protect civilians during this conflict. I believe this report should have gone further and I urge the administration to invoke the clause to refresh the credibility of assurances from Israel within 45 days so that we can continue to press Israel to improve the conduct of its operations against Hamas and efforts to free the hostages.”
  • Cardin (D-MD) 5/10/24: “…While the most recent report regarding Israel under the NSM-20 has raised concerns, I agree with its assessment that Israel has not violated International Humanitarian Law and that military assistance to support Israel’s security remains in the U.S. interest and should continue. In this regard, I differ with President Biden’s recent decision.”
  • Risch (R-ID) 5/10/24: “In keeping with nearly four years of failed foreign policy, the Biden Administration is trying to have it both ways. Today, the administration has given Israel a politically damaging assessment while publicly announcing it is withholding a select set of precision weapons. The administration is attempting to placate voters on the far left at the expense of a close ally in the midst of its justified war with Hamas terrorists. NSM-20 is aimed squarely at Israel in the near-term, but the additional highly-politicized reporting requirements will eventually be aimed at other American allies and partners across the globe, further impeding the delivery of security assistance and undermining our ability to deter China and Russia.“
  • McCaul (R-TX) 5/10/24: “NSM-20 serves no purpose other than to provide political cover to the president with his base. I am not surprised the administration concluded Israel is in compliance as this self-imposed reporting requirement is wholly redundant and unnecessary, and only contributes to politically-motivated anti-Israel sentiment. Hamas started this war with their October 7th attack that murdered 1,200 people. And Hamas has maximized the civilian death toll through its systemic use of human shields. Now is the time for the United States to stand with our ally Israel and ensure they have the tools they need to quickly defeat the terrorists who pose a threat to their very existence.”
  • Scalise (R-LA) 5/10/24: “Despite President Biden’s desire to turn his back on Israel while they are at war, even his State Department today acknowledged the truth: Israel is fighting this war as humanely as possible, in accordance with international humanitarian law and US law. Facing terrorists who hide behind human shields and hoard humanitarian assistance for themselves, the IDF goes to great lengths to protect civilians in its operations, and accepts great risk to facilitate aid flowing into Gaza. The State Department has confirmed there is no excuse for withholding critical US military assistance from an ally in a fight for its existence. President Biden must resume sending military aid to Israel immediately.”
Other

1. Bills, Resolutions
2. Congress Continues to Stoke Hysteria Over Student Protests for Palestinian Rights
3. Letters
4. Hearings & Markups
5. Selected Media & Press releases/Statements

New from FMEP:

  • 5/3/24: New episode of FMEP’s Occupied Thoughts podcast, The Attack on Academic Freedom, ft. FMEP Fellow Peter Beinart speaking with Professor Sahar Aziz of Rutgers University about the current attacks on academic freedom and why the US House of Representatives is investigating Rutgers and its Center for Security, Race and Rights, which Sahar directs. They also discuss the dangers of exceptionalizing Israel and the future of American universities more broadly.

1. Bills & Resolutions

Weaponizing Claims/Fears of Antisemitism

  • **UPDATE** (LEGISLATING THE IHRA DEFINITION OF ANTISEMITISM) HR 6090: Introduced 10/26/23 by Lawler (R-NY) and having 61 cosponsors (bipartisan), “To provide for the consideration of a definition of antisemitism set forth by the International Holocaust Remembrance Alliance for the enforcement of Federal antidiscrimination laws concerning education programs or activities, and for other purposes,” aka, the “Antisemitism Awareness Act.” For background on this legislation (which has been introduced numerous times and which has nothing to do with fighting antisemitism, and everything to do with delegitimizing and suppressing campus free speech/activism critical of Israel, see this compendium of resources; for a deep dive into the history/objectives of this legislation, see this article by FMEP’s Lara Friedman. Also see my evergreen X-post (posted 3/21/23): “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.’“
    • This bill was passed by the House 5/1/24 by a vote of 320-91. Voting “no” on the bill were 21 Republicans and 70 Democrats (as in, more than 1/3 of Democrats voted “no”).
    • The bill was sent to the Senate where some expected it to be passed quickly. However, in the wake of House passage of HR 6090, there was a deluge of statements/articles opposing the effort to enact the IHRA definition of antisemitism into law. This deluge came from across the political spectrum, including free speech defenders, free speech absolutists (conservatives and libertarians), conservative opponents of DEI, people from the MAGA and hardline Christian camps, voices from academia, Palestine rights activists, and more. For compendium of statements/articles opposing it – from across the political spectrum, see my new resource (which I will continue to update): Statements & Analyses Opposing Federal IHRA legislation (2024). Perhaps as a result of this broad-based opposition, HR 6090 has not moved in the Senate.
    • Perhaps seeking to circumvent this problem, on 5/7/24 Sen. Casey (D-PA) offered the Antisemitism Awareness Act as an amendment to HR 3935 [“to reauthorize and improve the Federal Aviation Administration and other civil aviation program“]. The Senate, however, passed HR 3935 without considering this amendment.
  • (HOW DARE REP. OMAR CRITICIZE SUPPORTERS OF ISRAEL’S GENOCIDE IN GAZA???) H. Res. 1207: Introduced 5/7/24 by Bacon (R-NE) and 3 cosponsors (all Republicans), “Censuring Representative Ilhan Omar of Minnesota for her recent hateful comments and history of antisemitism.” Referred to the House Committee on Ethics.

Targeting NGOs/Civil Society that Support Palestinian Rights/Lives

Targeting Students & Universities/Undermining Right to Protest

  • (BAN FEDERAL AID TO & FINANCIALLY SANCTION UNIVERSITIES THAT DON’T SUFFICIENTLY ATTACK/PUNISH STUDENT PROTESTERS) S. 4295 (text): Introduced 5/9/24 by Vance (R-OH), “A bill to establish that institutions of higher education shall be ineligible for funds under the Higher Education Act of 1965 due to campus disorder,” aka the “Encampments or Endowments Act.” Referred to the Committee on Finance. Also see: press release – Senator Vance Introduces Legislation to Crack Down on University Encampments [“Senator Vance’s legislation would require colleges to remove encampments from campus grounds within 7 days if teaching, research or other core institutional functions are impeded. Institutions that fail to comply would be rendered ineligible to receive federal financial assistance, including institutional aid and student aid such as Pell grants and federal loans, for five years. To make students whole, institutions would be mandated to provide students with equivalent grant-based aid at the institution’s expense. If an institution fails to provide such aid, it would face a tax equal to 50% of its endowment assets.“] Also see: Universities would pay ‘hefty price’ for allowing encampments under new Senate bill ‘It’s time to end this national embarrassment,’ JD Vance said (Fox News 5/9/24)
  • (TARGETING PROTESTERS) HR 8248 [bill text]: Introduced 5/6/24 by Burchett (R-TN),  “To amend title 18, United States Code, to provide penalty enhancements for committing certain offenses while in disguise, and for other purposes,” aka the “Unmasking Antifa Act.” Excerpt: “Whoever, whether or not acting under color of law, while in disguise, including while wearing a mask, injures, oppresses, threatens, or intimidates any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same, shall be fined under this title, imprisoned not more than 15 years, or both.” Referred to the House Committee on the Judiciary. Also see: Rep. Burchett reintroduces the Unmasking Antifa Act
  • (CONDEMNING PROTESTERS) H. Res.1211: Introduced 5/8/24 by Bishop (R-NC) and 7 all-Republicans cosponsors, “Condemning the violent, anti-American and anti-Israel protests that are occurring on campuses of institutions of higher education nationwide.”  Referred to the House Committee on Education and the Workforce.

Targeting the UN & ICC

  • (CUT OFF US FINDING TO UN IF UNGA GIVES PALESTINIANS *ANY* NEW PRIVILEGES/STATUS) S. 4311 (text): Introduced 5/9/24 by Risch (R-ID) and 24 cosponsors (all Republicans), “A bill to limit funds to the United Nations and other organizations that provide any status, rights, or privileges beyond observer status to the Palestine Liberation Organization, and for other purposes,” aka, the “No Official Palestine Entry (NOPE) Act.” Referred to the Committee on Foreign Relations. Also see: press release – Risch Leads 24 Colleagues in Introducing NOPE Act to Cut Off U.S. Funding to UN if PA Receives More Privileges

MORE Support for Israel!

  • (EXPAND US-ISRAEL COLLABORATION ON HEALTH) HR 8299: Introduced 5/8/24 by Buchanan (R-FL) and 2 bipartisan cosponsors, “To require the Secretary of Health and Human Services, in consultation with the Secretary of Commerce, the Council for Technology and Innovation of the Centers for Medicare & Medicaid Services, and the Commissioner of Food and Drugs, to carry out a program to facilitate and coordinate efforts between the United States and Israel to expand and enhance collaboration on the development and delivery of health care products and services,” aka the “Maximizing Israel-U.S. Research Advancement and Collaborative Leadership in Emerging Medical Technology Act”, aka “the (MIRACLE) Medical Technology Act.”  Referred to the House Committee on Energy and Commerce. Also see: press release – Buchanan Introduces Bill to Strengthen U.S.-Israel Health Care Partnership
  • (WTAF? HOW DARE BIDEN NOT SEND EVERY POSSIBLE WEAPON/AMMO TO ISRAEL?) S.  Res. 682: Introduced 5/9/24 by Graham (R-SC) and 47 cosponsors (all Republicans), “A resolution condemning the decision by the Biden Administration to halt the shipment of United States made ammunition and weapons to the State of Israel.”  Referred to the Committee on Foreign Relations.

Other

  • (TURKEY/CYPRUS) H. Res. 1199: Introduced 5/6/24 by Malliotakis (R-NY) and 4 bipartisan cosponsors, “Recognizing the 50th anniversary of the Turkish invasion and occupation of northern Cyprus.” Referred to the House Committee on Foreign Affairs.

Reported out of the Senate Foreign Relations Committee

  • S. 1829 — the “Stop Harboring Iranian Petroleum Act of 2023“
  • S. 2336 — the “Making Iran Sanctions Stick In Lieu of Expiration of Sanctions Act”
  • S. 2626 — the “MAHSA Act“
  • S. 3235 — the “End Iranian Terrorism Act of 2023“
  • S. 3874 — the “Hamas and Palestinian Islamic Jihad International Terrorism Support Prevention Act of 2024“
  • S.Res.505 — “A resolution condemning the use of sexual violence and rape as a weapon of war by the terrorist group Hamas against the people of Israel.”

2. Congress Continues to Stoke Hysteria Over Student Protests for Palestinian Rights/Lives

Media

Statements/X-posts (Republicans

Statements/X-posts (Democrats)

  • Schumer (D-NY) 5/7/24: Majority Leader Schumer Floor Remarks Applauding President Biden’s Actions To Fight The Unprecedented Rise In Antisemitism [“…I applaud President Biden for taking another strong, decisive step to fight antisemitism at the federal level, with new steps aimed at fighting antisemitism in our communities, online, and towards Jewish students. Among other actions, the President has directed the Department of Education to issue new guidance for college campuses to protect Jewish students and students of all backgrounds, so that our universities remain safe havens to learn and grow. When a Jewish student cannot walk through their quad without fear of harassment or ridicule or something far worse, we have a duty to respond…”]
  • Jeffries (D-NY) 5/7/24: Leader Jeffries: “Today we recommit to eradicating antisemitism whenever and wherever it rears its ugly head” [“This is a day for remembrance and action. A day to honor the memory of all those murdered by the evil Nazi regime. It’s a day to honor the Holocaust survivors, like Eva Cooper from New York City, and so many others who endured and escaped unconscionable atrocities. It’s a day to recommit to the struggle against indifference. As the El Maleh Rahamim prayer that will be heard today so beautifully and hauntingly pleads, we gather to ask God to protect and elevate the souls of those taken from our world too soon. We are also here exactly seven months to the day of the horrific atrocities committed by Hamas on 10/7, the largest loss of Jewish life on a single day since the Holocaust. There are families whose loved ones were slaughtered. There are hostages still being held in horrific conditions. And we are witnessing a deeply disturbing rise in antisemitism on campuses throughout the country and in the world. This is a very searing time for the Jewish community. Systematic oppression has been a reality of Jewish life for thousands of years, having to endure expulsions, pain, pogroms, persecution, prejudice and the horrors of the Holocaust, a previously unthinkable crime against humanity.”]
  • Jeffries (D-NY) 5/6/24: Leader Jeffries on 60 Minutes: “We Will Not Allow the Extremists to Throw the Country and the Congress into Chaos”

3. Letters

How Dare Biden Delay/Pause Military Aid of Any Kind to Israel!!!

Punish Student Protesters & Universities

Punish the ICC If It Dares Hold Israel to the Same International Law It Applies to Every Other Country in the World!

Here’s an Idea: How About We Hold Israel Accountable to US Law?

Other Stuff

4. Hearings & Markups

5/8/24: The Senate Appropriations Committee’s Defense Subcommittee held a hearing entitled, A Review of the President’s Fiscal Year 2025 Budget Request for the Department of Defense. The witnesses were Defense Secretary Lloyd Austin (statement) and Gen. Charles Q. Brown, Jr., Chairman of the Joint Chiefs of Staff (statement). Also see: press release – Murphy: There Is A Strategic And Moral Reason To Care About The Number Of Civilian Casualties In Gaza [“In his questions to Secretary of Defense Lloyd Austin, Murphy emphasized the moral and strategic importance of reducing civilian casualties in Gaza and preventing further escalation of conflict in the Middle East…”]
5/7/24: Durbin Announces Senate Judiciary Committee Hearing on Hate Crimes [“U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, today announced that the Senate Judiciary Committee will hold a full committee hearing to examine threats facing marginalized communities and how the federal government can better protect the civil rights and safety of all Americans.  Under Durbin’s leadership as Chair, the Committee has worked to address the threat of hate crimes and domestic terrorism targeting racial and religious minority communities in the United States. ‘Following the horrific Hamas attack on Israel on October 7 and Israel’s military response in Gaza, we’ve seen a rise in hate incidents across the country, particularly targeting the Jewish, Arab, and Muslim communities.  Sadly, no community is immune from violent acts of hate and the increasing use of hateful rhetoric by political leaders is exacerbating the problem.  Congress cannot turn a blind eye to it,’ Durbin said.  ‘That’s why I have worked—through this Committee—to address the rise in hate crimes and domestic terrorism we’ve seen in recent years across America.’ Durbin continued, ‘I am not under the illusion that one bill or one committee hearing is a silver bullet for preventing hate crimes.  There’s more work to do.  So during this upcoming hearing, we will consider the rise in hate crimes against Jewish, Arab, and Muslim Americans alongside the equally troubling rise in hate crimes against members of other vulnerable communities.  And we will learn about what we can do to better support survivors of hate crimes and the members of law enforcement who respond to them.’”]
5/7/24: The House Committee on Oversight and Accountability held a CLOSED DOOR BRIEFING entitled, “The Origins and Implications of Rising Antisemitism in Higher Education”. Witnesses were: Dr. Charles Asher Small, Institute for the Study of Global Antisemitism and Policy, and Professor David E. Bernstein, University Professor of Law at George Mason University Antonin Scalia Law School. To get a flavor of this hearing: Bernstein is the author of the book, Woke Antisemitism: How a Progressive Ideology Harms Jews; here’s Small on a webinar in November 2023, “The Genocidal Alliance – Western Intellectuals and Hamas” with Dr Charles Asher Small and Haras Rafiq; and here’s Small again – Charles Asher Small on BBC News: SJP Links to Hamas Antisemitic Ideology and the Campus Crisis. Also see: ISGAP’s Dr. Charles Asher Small Briefs US Congressional Committee on Antisemitism in Higher Education
5/7/24: The House Committee on Education and the Workforce held a hearing entitled, “Examining the Education Department’s Policies, Priorities, and FY 2023 Financial Audit Failure.” The sole witness was Education Secretary Miguel Cardona (testimony). As anyone who has been paying attention should have expected, this hearing was yet another occasion for Committee chair Foxx (R-NC) and other Republican members to grandstand around accusations about alleged antisemitism, and ostensible concern about Jewish safety – defined largely in terms of support for Israel and intolerance for criticism of Israel and/or delegitimization of any assertions of Palestinian rights or grievances. For his part, Sec. Cardona failed to seriously defend students/free speech, but also didn’t outright pander to the Committee, making Committee Republicans unhappy (to be fair, based on previous hearings it seems clear that even if he had joined in attacking students/faculty and calling for them all to be arrested and tried for treason, the committee would still have not been satisfied).
  • Hearing video
  • Foxx opening statement [excerpt: “Over the past seven months, colleges across the nation have seen an unprecedented regression in moral and institutional legitimacy as antisemitism and pro-Hamas protests have engulfed campuses. Turn on the news and universities such as Columbia and UCLA look like unrecognizable war zones. From the beginning, I’ve urged a firm hand in dealing with the explosion of antisemitism on campus, and I’ve led by example. You, on the other hand, refused to even say that the ‘From the River to the Sea’ chant is antisemitic. I saw this as a failure of moral clarity deeming you unfit for public office and called for your resignation in February. With the outbreak of campus riots, I am only more resolute, so I will say it again: you must resign…”]
  • From the committee’s written “recap“: “Turning to Q&A, antisemitic campus riots were top of mind for many Members. Rep. Kevin Kiley (R-CA) pursued a line of questioning about the Department’s commitment to fighting antisemitism, with specific emphasis on certain universities that have caved to ‘campus protest’ demands. Rep. Kiley led by asking, ‘We’ve seen some universities talk about ending study abroad programs to Israel, do you think that’s appropriate?’ ‘Our Title VI regulations make it very clear and if you go to our website…’ slowly responded Secretary Cardona. ‘I’m not asking about your website,’ interjected Rep. Kiley, adding, ‘How about demands to cut ties with Hillel? Do you condemn those demands?’ ‘There is guidance there for universities where a lot of the questions that you are asking makes it very clear…’ trailed off Secretary Cardona, again referring Rep. Kiley to the Department website instead of answering the question. ‘Calls for universities to cut ties with Hillel, is that abhorrent, to use your word?’ stressed Rep. Kiley, attempting to get a straight answer for a third and final time. ‘Violence toward students, antisemitism on campus which we’ve seen…’ the Secretary dithered. Three softballs, three strikes.“
  • ABC News 5/7/24: Education Secretary Cardona condemns antisemitism at House hearing — Republicans accuse the Biden administration for not doing enough to stop it.
5/8/24: The House Committee on Education and the Workforce’s Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing entitled, “Confronting Pervasive Antisemitism in K-12 Schools.” Witnesses were: David Banks, Chancellor, NYC Public Schools, NYC Department of Education (testimony); Karla Silvestre, President, Montgomery County Board of Education, Montgomery County Public Schools (testimony); Emerson Sykes, Senior Staff Attorney, ACLU (testimony); and Enikia Ford Morthel, Superintendent, Berkeley Unified School District (testimony).
CANCELLED 5/8/24: The House Committee on Oversight and Accountability was scheduled t0o hold a hearing entitled, “Oversight of D.C.’s Response to Unlawful Activity and Antisemitism.” Witnesses had not been announced.

5/15/24: The House Judiciary Committee’s Subcommittee on the Constitution and Limited Government will hold a hearing entitled, Antisemitism on College Campuses. There is no information yet on witnesses.

5/23/24: The House Committee on Education and the Workforce will hold a hearing entitled, “Calling for Accountability: Stopping Antisemitic College Chaos.” Witnesses have not yet been announced, but committee chair Foxx (R-NC) issued a press release, “Foxx Calls on Yale, UCLA, and Michigan to Appear Before the Committee About Antisemitism“.

5. Selected Media & Press releases/statements

Politics/Elex

Oregon

Maryland

Indiana

Kentucky

Other/general

HOW DARE BIDEN PAUSE SENDING AMMO TO ISRAEL WHILE IT IS GETTING SET TO OBLITERATE RAFAH!!!!

Media/Reports

AIPAC (talking points which are mirrored in a lot of members’ statements)

Statements/X-posts

Supporting Pause in Supply of Offensive Weapons to Israel/Concerns About Israel Invasion on Rafah

Report Owed to Congress on Arms to Israel

Other

Free Speech – general (right & left)

  • The Hill/Benjamin Balthazar 5/16/24: The Antisemitism Awareness Act bars the teaching of modern Jewish history [“…There is no other definition of bigotry in the world that equates criticism of a state, even harsh and unfair criticism, with discrimination or bigotry against the state’s people. If one claimed that denunciations of the violent foundations of the Russian empire are ‘anti-Slavic’ or ‘racist against Russians,’ we would immediately see through that as just an instrumentalist defense of Russian state interests. Perhaps the strangest part of the push for the government to adopt the IHRA definition of antisemitism as part of federal civil rights law is just how much Jewish history and culture would be banned from university classrooms and student organizations. Hannah Arendt, one of the most important Jewish philosophers of the 20th century and herself a Holocaust refugee, abandoned her youthful Zionism by the mid-1940s to become one of Zionism’s most scathing critics when it became clear that Israel would become not a state for all its people but only for Jews.”]
  • Los Angeles Times (editorial board) 5/14/24: House antisemitism bill would stymie speech, wouldn’t help students [“The problem with the Antisemitism Awareness Act is that it directs the Education Department to “take into consideration” the working definition of antisemitism promulgated by the International Holocaust Remembrance Alliance when determining whether there has been a Title VI violation. That definition offers examples of what everyone would regard as antisemitism. But it also gives as examples of antisemitism criticisms of Israel that, even if they are unfair, are protected speech…Protecting all students from harassment and intimidation on the basis of their identity is a vital objective. But it can and must be accomplished without infringing on freedom of speech.“]
  • Ryan Bangert/Daily Signal 5/14/24: Common Sense vs. Antisemitism [“The House recently passed a bill called the Antisemitism Awareness Act, which requires the Department of Education to use a definition of antisemitism developed by an international organization when assessing Title VI violations. However, the definition covers several examples of vile, but legally protected, speech—a highly concerning precedent. The campus protests arrive at a time when basic respect for, and understanding of, freedom of speech is receding. Large percentages of students express a willingness to ban controversial speakers from campus, and equally large percentages of adults are willing to use the government to restrict what they deem misinformation. This moment of confusion creates a generational opportunity to reinvigorate a robust national understanding of the First Amendment and respect for our rich heritage of freedom of speech within a context of ordered liberty. But for that to happen, we must clearly articulate and explain, in plain terms, how that heritage applies to our current challenges. First, the government should not prohibit speech unless it falls within narrowly defined, and well-accepted, categories of unprotected speech. That includes even speech that most civilized people would consider reprehensible, but that protection stops short at statements intended and likely to incite imminent violence or statements conveying a serious intent to physically harm a person or group. Most, but certainly not all, of the protesters’ speech is protected under that framework.”]
  • Thomas Knapp/Counterpunch 5/14/24: We’ve Already Got an “Antisemitism Awareness Act.” It’s Called the First Amendment. [“We already have laws against violence and harrassment, which apply whether the victims are Jewish or not. We also have a First Amendment which protects the right to free speech, even if that speech criticizes Israel — and even if that speech is ACTUALLY antisemitic — whether the speakers are Jews or non-Jews. ‘If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education,’ the late Supreme Court Justice Louis Brandeis wrote, ‘the remedy to be applied is more speech, not enforced silence.’”
  • Jonathan Zimmerman/Chicago Tribune 5/13/24: Don’t shut down debate about Israel and antisemitism [“Everything — and I do mean everything — is about Israel, which is held to a different standard. Is that antisemitic? As a historian — and as a Jew — I think it is. But I don’t want Congress to prohibit it. That’s what could happen under the Antisemitism Awareness Act passed by the House of Representatives earlier this month, which encodes the International Holocaust Remembrance Alliance definition of antisemitism into federal anti-discrimination law. The IHRA says that ‘applying double standards’ is an example of hatred against Jews…So what? Why should a school allowing antisemitism get any taxpayer dollars at all? Here’s why: Put simply, we disagree about what constitutes anti-Jewish hatred. And if we enshrine one definition, we’ll preclude debate over it. That’s what advocates for the bill want, of course. But our entire university system is premised upon dialogue, discussion and the free exchange of ideas. And this measure is a dagger at the heart of that ideal. If my colleagues or students think that academic programs in Israel should be shut down, I want to hear why. I also want to know why they think Zionism is racism, Israel is a colonial state and Jews exert too much power in national and international politics.  All of those claims would arguably become illegal under the new law…” He also describes the AAA as “this awful bill“]
  • Bret Stephens/New York Times 5/13/24: Hold On to Your Hats, America [“…Did I mention that I’m not a fan of the Antisemitism Awareness Act that passed the House the other week? It might surprise a few of our readers…It embraces an expansive definition of antisemitism, known as the I.H.R.A. definition, after the International Holocaust Remembrance Alliance, and effectively criminalizes a wide range of speech that is generally abhorrent but shouldn’t be criminalized. Much as I hate antisemitism, I also don’t think laws against “hate speech,” including against my own group, should be in federal legislation. And I don’t think conservatives who complain about campus speech codes should be in the business of writing those codes themselves…The best way to defeat antisemitism is first to understand what it is, to teach people why it’s evil and to call it out when it happens. That’s a job for civil society, not the government.”]
  • Conor Friedersdorf/The Atlantic 5/11/24: The Wrong Way to Fight Anti-Semitism on Campus [“…Interpreting Title VI has always been difficult and contested, particularly when speech that is protected by the First Amendment is alleged to be discriminatory as well. The act should be rejected by the Senate. Its definition of anti-Semitism is too expansive to serve as a unifying standard in academia, and it doubles down on an approach to antidiscrimination that chills free speech while failing to reduce hate.“]
  • Common Dreams/Ellen Cantarow & Jennifer Loewenstein 5/10/24: Weaponizing Antisemitism — Why we must maintain our focus on the agonies of Gaza and the West Bank, denouncing them and calling for an end to Israel’s assaults.
  • Rep. Jerrold Nadler (D-NY)/Washington Post 5/8/24: I’m Jewish. Here’s why I voted against the Antisemitism Awareness Act. — Combating antisemitism is vital. The bill the House just passed is the wrong way to do it. [“While I support the sentiment expressed by its sponsors, this bill does nothing to fight antisemitism in any meaningful way. Instead, it merely tinkers with definitions and could ultimately make investigating antisemitism on campuses more difficult in the future. In addition to trampling the free-speech rights of students and professors, this bill was disingenuously designed to split the Democratic caucus and score cheap political points. Specifically, the billwould require the Education Department’s Office for Civil Rights to use the definition of antisemitism put forth by the International Holocaust Remembrance Alliance, and only this definition, when investigating claims of antisemitism on campus. This might not seem like a big deal, but the IHRA definition includes examples of antisemitism that might sweep in perfectly valid criticism of the state of Israel that, alone, does not necessarily constitute unlawful harassment or antisemitism. To be clear, I strongly disagree with the anti-Israel sentiments being expressed at certain campus protests. I do not believe Israel is a racist endeavor, nor do I think it’s appropriate to draw comparisons of contemporary Israeli policy to that of the Nazis. But categorically banning this kind of speech, as the Antisemitism Awareness Act threatens to do, is antithetical to our values as Americans — which, as a member of Congress and a lawyer who has fought in Congress to protect the right to free speech, I am bound to defend,even if I strongly disagree.As written, this bill could strip students and professors of their right to engage with others and with their college administrations on a critical matter of national importance. I want my Jewish community to feel safe on campus, but I do not need it shielded from controversial views simply because those views are unpopular…”]
  • Murtaza Hussein/The Intercept 5/8/24: They Used to Say Arabs Can’t Have Democracy Because It’d Be Bad for Israel. Now the U.S. Can’t Have It Either. [“Last week, the House of Representatives overwhelmingly passed a bill called the Antisemitism Awareness Act. While on its face the bill simply seeks to express Congress’s view in favor of tackling anti-Jewish bigotry, in reality its provisions would encode a controversial definition of antisemitism geared at inoculating Israel from criticism.“]
  • Connecticut Public Radio 5/7/24: Former ACLU leader explains opposition to federal antisemitism bill
  • Religion Dispatches 5/7/24: The Antisemitism Awareness Act Just Passed by the House Would Actually Increase Anti-Jewish Violence [“When powerful public institutions like Congress take the formal, legal position that Israel (and its policies) equals Jews (everywhere)—such that criticizing one is attacking the other—it actively works against raising public awareness of the very real problems of anti-Jewishness and antisemitism. Rather than teach people the difference (that anti-Israel protests cannot be directed against Jews in general), it tells those engaging in anti-Jewish or antisemitic attacks as part of their opposition to Israel’s actions that they are in fact correct in equating Jews everywhere with Israeli actions—but that it’s criminally wrong to disagree with Israel’s actions. Such a message not only promotes the same categorical mistakes that have been fostering anti-Jewish and antisemitic attacks, but it also legally dictates which political views people are permitted to hold.“]
  • Michelle Goldberg/New York Times 5/6/24: Senators Need to Stop the Anti-Semitism Awareness Act [“…Should the Anti-Semitism Awareness Act become law, there’s no reason to believe that only those views that liberals find most objectionable will be targeted. Stefanik and her allies, after all, are currently attacking Harvard for having the heroic Filipina journalist Maria Ressa, winner of the 2021 Nobel Peace Prize, as a commencement speaker, because Ressa’s publication called for a cease-fire in Gaza and because she signed an open letter about the killing of Gazan journalists. As the war in Israel moves into a brutal new phase, so do efforts to stifle those speaking out against it. The Republican Party and the radical edge of the pro-Palestinian left both share an interest in discrediting the modern liberal university by making it look at once hypocritical and ineffectual. Liberals shouldn’t help them….“]
  • The Bulwark 5/6/24: Fighting Antisemitism or Chilling Speech? — The Antisemitism Awareness Act—which the House passed last week—has provoked cross-ideological opposition.
  • Philadelphia Tribune 5/5/24 (editorial): House bill is a threat to freedom of speech
  • Politico 5/4/24: ‘The Republicans Are Being Total Hypocrites’ – Rep. Jerry Nadler hits back against GOP efforts to weaponize antisemitism. [“…there are three extant definitions. One is by IHRA. One is the Nexus definition and the other is the Jerusalem definition. They’re all equally valid. They all give different examples for perceptions of antisemitism, and none of them should be enshrined into law. The chief author of the IHRA definition, Kenneth Stern, said don’t codify this. Don’t make it part of any law because these are examples that may indicate antisemitism but don’t necessarily in every case, and to enshrine it into law — he thought and a lot of other people think — would be destructive of free speech. It could make criticism, under certain circumstances, of Israeli government policy antisemitic, which it clearly isn’t.“]
  • The Free Press/Christopher Rufo & Jenin Younes 5/3/24: Don’t Expand DEI. Dismantle It. —  We come from two sides of the political spectrum, write Christopher F. Rufo and Jenin Younes. But both of us agree that the Antisemitism Awareness Act is profoundly misguided. [“‘Hate speech’ provisions…are unnecessary, ill-defined, and often in conflict with fundamental First Amendment rights. Contrary to popular belief, the First Amendment protects ‘hate speech,’ in part precisely because of the difficulty defining the term, and also because such determinations are subjective. Under this new legislation, certain phrases and arguments, some of which are subject to reasonable contestation, could be treated as de facto evidence of discriminatory intent. (For example, arguing in favor of a one-state solution to the Israeli-Hamas conflict could be deemed violative on the grounds it denies the Jewish people a right to a state.)…The second problem with the Antisemitism Awareness Act, especially for conservatives and civil libertarians, is that it operates using the same coercive and corrosive principles as DEI. The legislation codifies an ideologically charged definition of antisemitism into law, provides special protections based on group identity, and expands anti-discrimination enforcement to include constitutionally protected speech.  This is precisely how existing DEI bureaucracies operate on campus, with disastrous results.  From a political perspective, this legislation is also a failure. While the left has embraced special protections for their favored minorities, it now appears to many that the political right is doing the same, only now for Jewish Americans. Similar bills are passing through numerous state legislatures from New York to Georgia. Anyone who worries about pitting identity groups against one another, or is repelled at the idea that some Americans deserve more protections than others, should oppose all of this proposed legislation. It violates our country’s most fundamental principles, including the letter and spirit of the First and Fourteenth Amendments, which guarantee Americans the rights to free speech and equal treatment under the law, regardless of their racial, ethnic, or religious identity.”]
  • Hayes Brown, MSNBC 5/3/24: Why the House’s latest antisemitism bill is an attack on free speech — The Antisemitism Awareness Act would do little to protect Jewish students but plenty to stifle criticism of Israel. [“...it would likely have a chilling effect in classrooms and on college campuses. There likely would be an even higher surge in conflation between antisemitism, which targets Jews for who they are, and criticism of Israeli politics and policies than we’ve already seen. That was the main point the American Civil Liberties Union made in a letter to lawmakers last week encouraging them to vote against the bill.“]
  • Patriot Post/Nate Jackson 5/3/24: Suppressing Free Speech Is Not the Anti-Semitism Solution — Combatting bigotry is a great idea, but the best way to do that is with more, not less, free speech. [“Leftists have been relentlessly assaulting free speech for several years now. In fact, the attack on the First Amendment might be the gravest threat to American Liberty today. So, what did House Republicans do? Pass a bill that stands on shaky ground when it comes to the First Amendment…“]
  • CATO 5/3/24: Feds Should Leave Campus Unrest to Others [“On Wednesday, the House of Representatives took its most concrete action to date, largely spurred by the scenes on college campuses across the country. It passed the Antisemitism Awareness Act, which would require the US Department of Education to “take into consideration” the International Holocaust Remembrance Alliance’s (IHRA) “working definition of antisemitism” when investigating schools for civil rights violations. Essentially, the department would judge if an incident was driven by antisemitism, and presumably if a college were allowing antisemitism to exist on campus. The problem is that the definition includes all kinds of speech, most of which is not inherently threatening. Government punishment for such speech would be a fundamental violation of First Amendment rights.”]
  • Eugene Volokh, Reason Magazine 5/3/24: “Antisemitism Awareness Act of 2023” (Which Just Passed the House) Could Suppress First-Amendment-Protected Criticism of Israel [“...one problem with HR6090 (as well as the hypothetical proposed statute related to speech about Palestinians) is that speech has in recent years often been labeled discrimination, on the theory that certain statements create a ‘hostile environment’ and therefore violate antidiscrimination rules. Under this theory, a rule that ‘Drawing comparisons of contemporary Israeli policy to that of the Nazis’ is evidence of a Title VI violation means that a university could be punished under Title VI for allowing speech drawing such comparisons. Likewise, drawing such comparisons would violate campus speech codes that ban ‘discrimination’ and ‘harassment.’  As David Bernstein has pointed out, the problem here partly stems from the view that public comments by students, professors, and others can violate antidiscrimination law if they create a ‘hostile educational environment’ based on race, religion, sex, sexual orientation, gender identity, national origin, and the like. Many courts have struck down campus speech codes framed in such terms, but the government and various universities have continued to assert that such speech restrictions are constitutional. But HR6090, it seems to me, would exacerbate the problem by sweeping in anti-Israel speech (and not just overtly anti-Jewish speech) as potentially punishable ‘discrimination.’ Both anti-Israel speech and anti-Jewish speech are protected by the First Amendment (unless they fall within one of the narrow exception to First Amendment protection, such as for true threats). But broadening the unconstitutional restrictions is surely not a step forward. Nor do I think that the provision that, ‘Nothing in this Act shall be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States,’ helps much. The problem is that government officials often tend not to recognize that various speech, especially speech that is viewed as bigoted or ‘discriminatory,’ is protected by the First Amendment. HR6090, notwithstanding this proviso, tends to reinforce this attitude.“]
  • David Horovitz/The Blaze 5/3/24:  A better way to fight Jew hatred on college campuses
  • The Federalist 5/2/24: Republicans’ ‘Antisemitism’ Bill Merely Gives Feds More Power To Trample Free Speech [“Republicans in Congress are pushing legislation that would formally adopt the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism as a basis for prosecuting federal antidiscrimination statutes — a move that critics such as Wyoming Rep. Harriet Hageman say ‘provides no actual relief for terrorized Jewish students and infringes on the First Amendment to the U.S. Constitution.‘”]
  • Matt Walsh 5/2/24: X-post — “Why the “Anti-Semitism Awareness Act” is one of the worst pieces of legislation ever conceived” [with video from the Matt Walsh Show”]
    • Elon Musk 5/2/24: X-post, commenting on Matt Walsh post – “This bill might have the opposite effect of its objective“
  • Huffington Post 5/2/24: The House Passed A Bill To Fight Antisemitism. Here’s Why Critics Call It Misleading. [“A bill expanding the definition of antisemitism was passed on Wednesday by a bipartisan vote in the House — but despite the legislation on its face claiming to help federal officials better protect Jewish students on school campuses, critics say it is misleading and will only serve to crack down on the free speech rights of students currently protesting Israel’s ongoing military offensive in Gaza and the U.S. government’s continued support.”]
  • Jason Willick/Washington Post 5/2/24: How civil rights law distorts the anti-Zionism vs. antisemitism debate [“Many of the acts at anti-Israel campus protests have been unlawful on their face, and local police should handle lawbreaking. But the IHRA definition would widen the net. More anti-Zionist or anti-Israel speech could face federal scrutiny for violating civil rights law. The First Amendment concerns about this legislation are serious, but put them to one side for a second. The entire civil-rights-based system for regulating the Israel debate is flawed. If passed by the Senate and signed into law, the legislation would imply that the reason the federal government should crack down on anti-Zionist campus advocacy is because it is antisemitic. That misstates the problem in American society that the protests represent.“]
  • Batya Ungar-Sargon (Newsweek) 5/1/24: X-thread — “It’s nice to see bipartisan support for Jews but this congressional bill to expand the definition of antisemitism is bad for the U.S. and bad for Jews. This country was literally founded on the idea that there should be no government reprisals for speech, including hate speech. Add to that the fact that the IHRA definition of antisemitism is awful—vague, overly broad, and reliant on examples. It’s useless. Universities already have laws protecting Jewish students from discrimination. They didn’t enforce them, and they are going to pay for that in court. We don’t protect American Jews from hate by turning on the values this great nation was founded on. We do so by embracing a country that has always protected us, by embracing what makes this country unique, a big part of which is the First Amendment! t’s true that a bunch of LARPers in midriff kefiyas with oppression envy intimidated universities into discriminating against Jews. But that problem is a symptom of what truly ails us. The real problem is that the system is set up to reward these nincompoops with a lock on political and economic power, while the Americans who have our backs and who would never allow antisemitism to take hold in this country are struggling to survive and have no voice. I know this view isn’t going to be popular, but to be an American is to believe that if you can’t win by convincing enough people, you don’t deserve to win. And what can I say? I’m very, very American!”
    • Bill Ackman 5/2/24: X-post responding to Batya — “I agree. The problem is not hate speech. The problem is the actions taken by protesters and others that are in violation of existing Federal or State laws or university codes of conduct that are not enforced. We should not impair free speech. We should simply enforce the law.“
  • Foundation for Individual Rights in Education (FIRE) 5/1/24: X-thread opposing HR 6090 [“Today, Congress will vote on legislation that will stifle free speech on campus and unconstitutionally restrict expression protected by the First Amendment. Members should vote no. 2/ The bill would adopt an unconstitutionally vague and overbroad definition of anti-Semitism, which colleges would be required to use on campus. 3/ For example, the proposed bill would pressure colleges to censor speech critical of Israel unless the speaker engages in criticism of Israel “similar to that leveled against any other country.” That’s impossibly subjective and will only make students and faculty think twice before engaging in constitutionally protected speech. 4/ If enacted, the Antisemitism Awareness Act will chill core political speech about the Israel/Palestine conflict on our nation’s campuses — the places where difficult conversations and debates are supposed to flourish. 5/ FIRE has been leading the fight against this unconstitutional legislation since 2016. We’ll continue to oppose this unconstitutional bill in the halls of Congress — or in the courts if necessary...”]
  • SPLC (Southern Poverty Law Center) 5/1/24: Letter to House members opposing HR 6090 [“On behalf of the SPLC Action Fund, we write to urge you to oppose H.R. 6090, the Antisemitism Awareness Act, when it comes to the House floor later this week. Title VI of the Civil Rights Act of 1964 currently prohibits antisemitic discrimination and harassment by institutions receiving federal funding. At a time of escalating concerns about antisemitism, adoption of this harmful and unnecessary legislation would increase division and polarization – and do nothing to meaningfully counter antisemitism. The Antisemitism Awareness Act would mandate that the Department of Education consider the controversial International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, including its “contemporary examples,” in Title VI anti-discrimination investigations. Although not legally binding, this definition includes examples that overlap with First Amendment-protected speech, thereby blurring the distinction between legitimate criticism of Israel’s policies or government and antisemitism. This conflation raises serious concerns about potential restrictions on free speech and the broad application of antisemitism to political discourse.“]
  • Massie (R-KY) 5/1/24: X-thread — “Today the House will vote on a bill to define antisemitism with the intent to increase prosecutions of activity on campuses. The bill has a problem beyond violating the 1st Amdt: The definition of antisemitism appears no where in the bill! Why? To find the legally adopted definition of antisemitism, one must go to this website below. Not only is the definition listed there, but one also finds specific examples of antisemitic speech. Are those examples made part of the law as well? Do you agree with all of these examples of antisemitism? Should people in America be prosecuted for saying these things in all contexts? I think not. This is a poorly conceived unconstitutional bill and I will vote no.“
  • PEN America 5/1/24: Bill Intended to Combat Antisemitism Could Also Undermine Free Speech, Academic Freedom and Legitimate Political Discourse [“PEN America said it was gravely concerned over adoption by the House of Representatives on Wednesday of H.R.6090, the Antisemitism Awareness Act, which it characterized as an overbroad bill that could harm academic freedom, free speech, and legitimate political speech. Combating antisemitic speech and bigotry is an urgent imperative and one that PEN America seeks. In light of the significant rise in antisemitic incidents around the country, the goal is more important than ever, the free speech and free expression organization said. However, the bill would adopt the definition of antisemitism set out by the International Holocaust Remembrance Alliance (IHRA) for the enforcement of federal anti-discrimination laws in education programs or activities.  This definition, and its illustrative examples, is overbroad; its enshrinement into law could lead  to significant impairment of academic freedom, free speech and legitimate political expression. Codifying the IHRA definition, which was never intended to be legally binding or otherwise codified into law, is not the right way to attack antisemitic speech and bigotry. Its vague nature is ill-suited to serve as a legal standard, much less form a basis for punitive action. ‘We urge the Senate to reject the companion bill (S.3141) and instead focus on efforts that will both address antisemitism and protect free expression,’ PEN America stated.”]
  • ACLU 4/26/24: Letter to Congress – ACLU Urges House of Representatives to Oppose Anti-semitism Awareness Act [“The American Civil Liberties Union strongly urges you to oppose H.R.6090, the Anti-Semitism Awareness Act.Federal law already prohibits antisemitic discrimination and harassment by federally funded entities. H.R. 6090 is therefore not needed to protect against antisemitic discrimination; instead, it would likely chill free speech of students on college campuses by incorrectly equating criticism of the Israeli government with antisemitism. The ACLU will score this vote.” [emphasis in the original]
  • Fox News 5/3/24: House-passed antisemitism bill may violate First Amendment warn critics: ‘Misguided and harmful’

Free Speech – Jewish (Left & Right)

  • Miko Zeldes-Roth/The Hill 5/12/24: The Antisemitism Awareness Act is bad for American Jews — here’s why [“…Collapsing Jewishness into Zionism implicitly accepts the precept that Jewishness is a nationality — and, by extension, that Israel is the state of the Jewish people (as codified by the 2018 Israeli nation-state law). In presuming that all Jews are either Israeli nationals or Israeli nationals in-waiting, efforts to synonymize Jewishness and Zionism risk provoking questions of dual loyalty in the U.S. — the idea that Jews aren’t really loyal to the country in which they reside. Given the long history of antisemitism, the Jewish community should be extraordinarily wary of supporting any kind of legislation that intimates, however remotely, the notion that Jews are not true Americans.“]
  • Oren Schweitzer/Jacobin 5/5/24: Congress’s Antisemitism Bill Is an Insult to Jewish History [“…Jewish anti-Zionism not only has a rich history, but until the Holocaust was the dominant politics of international Judaism. While many survivors were convinced that their earlier ideas were naive, internalizing the fascist premise that Jews will never have a place in broader society, and many more were won over to Zionism in the years following the establishment of Israel, Zionism’s rise to dominance within institutional Judaism must be understood in the context of the extermination of millions of anti-Zionist and non-Zionist Jews in concentration camps. Congress is currently seeking to pass a bill that would cast the views of millions of Jewish Holocaust victims as anti-Jewish and beyond the pale and would suppress those at schools throughout the country from freely discussing their ideas. In doing so, they are spitting on the graves of our ancestors.”]
  • The Forward/Alan Solow 5/3/24: The GOP antisemitism bill harms more than it helps [“Distinctions and nuances are vital for developing strategies to fight this prejudice. If those with whom we disagree about Israel — sometimes vehemently — are labeled antisemitic without regard to nuance or context, they will not join us in coalition against anti-Jewish bigotry.”]
  • Tablet Magazine (editorial board) 5/3/24: Not in Our Name — Politicians are using the rise in antisemitism as an excuse to curtail free speech and expand their own power. Jews must not let them. [“…The freedom and successes that Jews have enjoyed in America have been due to the protections afforded by our Constitution, and the respect for individual rights that became part of our culture. The most legitimate tax we owe—to each other, to our fellow citizens, and to those who fought for our right as Americans to say whatever the fuck we want—is the work we are asked to put in, day in and day out, to protect that freedom.“]
  • T’ruah 5/2/24: X-thread — “We are in touch daily with rabbis and community members facing bomb threats, violence, and harassment. We need bold and decisive action to confront the rise in antisemitic incidents. This bill is NOT IT. This ill-conceived bill would enshrine a divisive definition of antisemitism into federal law and threaten free speech. The Senate must not pass this bill.“
  • Salon 5/2/24: Jewish groups decry House passage of bill defining criticism of Israel as “antisemitism”
  • Omer Bartov/Moment Magazine 5/2/24: Silencing Criticism in the Name of Antisemitism Awareness [“…defining criticism of Israel as antisemitic is the best way to help the current Israeli leadership practice unchallenged extremist, racist policies. But it is also a convenient way to make extremist, bigoted, racist and, yes, also antisemitic American and European leaders look squeaky clean. Describing liberal and tolerant opinion, concern with human rights and equality, and opposition to oppression and displacement as antisemitic legitimizes those who would like to practice precisely those very same policies against their own minorities, opponents and critics. This is what the weaponization of antisemitism means—using allegations of antisemitism to practice intolerance and authoritarianism.“]
  • Bend the Arc 5/1/24: X-thread (with video) — “Today the House votes on the gag legislation they’re calling the “Antisemitism Awareness Act”. Antisemitism is a serious problem, but codifying a legal definition could have dangerous implications for free speech.  Currently, there push for Congress to codify the IHRA Working Definition of Antisemitism. With its its broad and problematic characterization of antisemitism, the IHRA definition poses a particular threat to open discourse. The IHRA definition can be easily be misappropriated to suppress and stifle legitimate criticism and dissent. Even the lead drafter of the IHRA definition has spoken out against it being adopted a legal framework. We oppose adopting any legal definition of antisemitism that poses a threat to free speech and legitimate criticism.  No other oppression is singularly defined in the law this way. Antisemitism should not be exceptionalized, especially in a way that locks its definition into just one framework and understanding. We must dismantle antisemitism, in solidarity with all who are threatened by white supremacy, but a legal definition can be used to divide us — from other Jews & from our allies. Visit bendthearc.us/ihra to sign a petition rejecting codification of the IHRA.“
  • Kenneth Stern, lead author of the IHRA Definition of Antisemitism, on Amanpour and Company 5/1/24: He Helped Define “Antisemitism”; Now He Says the Term Is Being Weaponized (video)
  • Jewish Voice for Peace 5/1/24: X-thread — “Today, the House will vote on the so-called “Antisemtism Awareness Act”. This legislation would do nothing to fight antisemitism. Instead, it would enable repression of students and faculty advocating for Palestinian rights. Tell your rep to vote NO. Last night, as NYPD stormed Columbia’s campus, we saw how far some university administrations are willing to go to stop students from speaking out for Palestinian rights. At the core of these attacks is the false conflation of criticism of the Israeli government with antisemitism. HR 6090 would direct the Dept of Education to use the IHRA working group definition of antisemitism, a controversial and dangerous mis-definition that does not help fight real antisemitism and is only a tool for silencing the movement for Palestinian rights.The Israeli government’s bombardment and siege of Gaza has killed over 34,000 people in six months. Congress must stop attacking the students and faculty members who are trying to stop this genocide, and instead focus on ending US complicity in Israel’s attacks.“
  • Americans for Peace Now 4/29/24: X-thread — “We strongly oppose HR 6090, the Antisemitism Awareness Act. This misguided bill would codify the IHRA Working Definition of Antisemitism and its examples. The IHRA definition is used as a cudgel against free speech and to quash legitimate criticism of the Israeli government. We are deeply concerned about the escalating antisemitism in the United States and globally. It is a serious and growing problem, and the need for a robust response to combat genuine instances of antisemitism is unquestionable. However, the IHRA definition, with its broad characterization of criticism of Israel, undermines the fight against antisemitism and poses a significant threat to free speech and open discourse. Equating criticism of the Israeli government with antisemitism is a tactic used to stifle important discussions on Israeli policies and actions, thereby hindering the broader effort to combat true instances of hatred and discrimination against Jewish communities. So, just to be 100% clear, Americans for Peace Now urges all Members to vote NO on the Antisemitism Awareness Act (H.R. 6090). PS, everyone who said they support IHRA but are not looking to see it codified into law lied. They wanted it then and they are supporting it now.“

Free Speech – Palestinian

  • Institute for Middle East Understanding 5/1/24: X-thread — “Now Congress is attacking them too. H.R.6090 is a shameful, GOP-led effort to stifle protected speech supporting Palestinian equality. H.R.6090 cherry-picks an inaccurate definition of antisemitism that conflates criticism of the Israeli government with bigotry. The purpose is simple and clear: to suppress the protected speech of people rightly protesting against US support for Israel’s war crimes. Jewish Voice for Peace, and over 350 scholars of Holocaust history, Jewish history & Middle East studies have criticized the inaccurate definition H.R. 6090 would require the Dept. of Education to use when determining if a Title VI violation of the Civil Rights Act has occurred. The diverse group of Palestinian, Muslim, Arab, Jewish, Black, and other students engaging in legitimate, peaceful protest speaks for millions of us who are horrified by what we are seeing in Gaza. Congress should be supporting these students, not repressing and attacking them.“

Academia

  • Jewish Faculty (1162 signers as of 1:26pm ET, 5/14/24): Statement from Concerned Jewish Faculty Against Antisemitism [“Criticism of the state of Israel, the Israeli government, policies of the Israeli government, or Zionist ideology is not – in and of itself – antisemitic.  We accordingly urge our political leaders to reject any effort to codify into federal law a definition of antisemitism that conflates antisemitism with criticism of the state of Israel. This includes ongoing efforts to codify the International Holocaust Remembrance Alliance’s (IHRA) working definition of antisemitism, which has been internationally criticized for conflating antisemitism with legitimate criticism of Israel.  We hold varied opinions on Israel. Whatever our differences, we oppose the IHRA’s definition of antisemitism. If imported into federal law, the IHRA definition will delegitimize and silence Jewish Americans–among others–who advocate for Palestinian human rights or otherwise criticize Israeli policies. By stifling criticism of Israel, the IHRA definition hardens the dangerous notion that Jewish identity is inextricably linked to every decision of Israel’s government. Far from combating antisemitism, this dynamic promises to amplify the real threats Jewish Americans already face.  If our leaders are earnestly concerned with antisemitism, they should join hundreds of Jewish scholars from across the globe who have endorsed alternative definitions of antisemitism–such as those contained in the Nexus Document or Jerusalem Declaration. Unlike the IHRA definition, these documents offer meaningful tools to combat antisemitism without undermining Jewish safety and civil rights by insulating Israel from legitimate criticism.”]
  • Institute of Higher Education 5/3/24: What the ‘Antisemitism Awareness’ Bill Could Mean for Higher Ed [“
  • Middle East Studies Association/Committee on Academic Freedom 5/3/24: Letter to Senators Schumer and Sanders urging them to oppose H.R. 6090 which codifies the flawed IHRA definition of antisemitism [“We are fully aware of, and deeply troubled by, the rising tide of racism, xenophobia, antisemitism and Islamophobia across the United States, and combatting antisemitism and all other forms of racism, bigotry and discrimination is an essential duty of our colleges and universities. However, by explicitly adopting the flawed IHRA definition of antisemitism and its accompanying examples as the only definition of antisemitism to be used by the federal government, including the Department of Education in its investigations of discrimination complaints under Title VI, this bill would actually hinder the struggle against antisemitism and gravely threaten both free speech and academic freedom…“]
  • American Association of University Professors 5/1/24: X-thread — “Here’s a quick thread clarifying the AAUP’s stance on antisemitism. The AAUP views the growth of antisemitism as a severe threat which can & should be addressed under existing civil rights laws as religious or race discrimination.We object, however, to the use of the IHRA definition, which expands the definition of antisemitism to encompass political criticisms of the state of Israel, which is speech protected by the First Amendment & #academicfreedom.  Such overly broad statutory restrictions create a chilling effect on teachers & students, who may avoid assigning reading materials or engaging in classroom discussions about controversial issues concerning the state of Israel or Zionism. As our Statement on Legislation Restricting Teaching about Race observes: ‘When politicians mandate academic content that faculty can & cannot teach or the scholarly areas they can or cannot research/study, they prevent colleges & universities from fulfilling their missions.” Such actions severely violate both academic freedom, the cornerstone of American higher education, & the faculty’s primary role in institutional decision-making.'”

Christian/Faith Groups/MAGA

  • Crisis Magazine/Fr Mario Alexis Portella 5/6/24: The Danger of Expanding the Definition of Anti-Semitism — In the rush to condemn anti-Semitism, lawmakers may end up making basic Christian truths illegal to proclaim.
  • World (Christian media outlet) 5/6/24: The Antisemitism Awareness Act is a big problem — Good intentions can produce bad legislation [“…despite good intentions, the actual language of this legislation is dangerous. It’s borrowed definition of anti-Semitism is deeply flawed. I fear that this bill, put in the hands of liberal academic administrators and progressivist judges, will escape the good intentions of its authors. At that point, those good intentions won’t be enough.“]
  • Newsweek 5/2/24: Republicans Voting for Bill That Could Make ‘Bible Illegal’ Outrages MAGA
  • Matt Gaetz (R-FL) 5/2/24 – Fox News: Matt Gaetz blasts House antisemitism legislation as ‘ridiculous hate speech bill’
  • Tim Pool 5/2/24: X-post – “Speaking from the Hadith and Quran is illegal under the antisemitism bill lol”
  • Charlie Kirk 5/1/24: X-post – “Did the House of Representatives just make parts of the Bible illegal?“
    • Tucker Carlson responding to Charlie Kirk 5/2/24: X-post – “Yes. The New Testament.“
    • Rep. Massie (R-KY) responding to Carlson 5/2/24: X-post – “Speaker Mike Johnson was so eager to please AIPAC that he didn’t read the bill he rushed to the floor.“
  • Matt Gaetz (R-FL) 5/1/24: X-post – “This evening, I will vote AGAINST the ridiculous hate speech bill called the ‘Antisemitism Awareness Act.’ Antisemitism is wrong, but this legislation is written without regard for the Constitution, common sense, or even the common understanding of the meaning of words. The Gospel itself would meet the definition of antisemitism under the terms of this bill! The bill says the definition of antisemitism includes “contemporary examples of antisemitism” identified by the International Holocaust Remembrance Alliance (IHRA). One of those examples includes: ‘…claims of Jews killing Jesus…’ The Bible is clear. There is no myth or controversy on this. Therefore, I will not support this bill…To be clear – I take no view on who killed Jesus in how I voted on this measure. It was a matter of the Constitution. The Bible is clear in that its words plainly, textually,would violate this law. That is nuts – and in deep conflict with the First Amendment.”
  • Marjorie Taylor Green (R-GA) 5/1/24: X-post – “Antisemitism is wrong, but I will not be voting for the Antisemitism Awareness Act of 2023 (H.R. 6090) today that could convict Christians of antisemitism for believing the Gospel that says Jesus was handed over to Herod to be crucified by the Jews…“

1. Bills, Resolutions
2. Congress Continues to Stoke Hysteria Over Student Protests for Palestinian Rights
3. Letters
4. Hearings & Markups
5. Selected Media & Press releases/Statements

New from FMEP:

 

1. Bills & Resolutions

LEGISLATING THE IHRA DEFINITION OF ANTISEMITISM

HR 6090: Introduced 10/26/23 by Lawler (R-NY) and having 61 cosponsors (bipartisan), “To provide for the consideration of a definition of antisemitism set forth by the International Holocaust Remembrance Alliance for the enforcement of Federal antidiscrimination laws concerning education programs or activities, and for other purposes,” aka, the “Antisemitism Awareness Act.” For background on this legislation (which has been introduced numerous times and which has nothing to do with fighting antisemitism, and everything to do with delegitimizing and suppressing campus free speech/activism critical of Israel, see this compendium of resources; for a deep dive into the history/objectives of this legislation, see this article by FMEP’s Lara Friedman. Also see my evergreen X-post (posted 3/21/23): “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.’“

TARGETING US NGOs

  • (TARGETING NGOs THAT SUPPORT PALESTINIAN RIGHTS) HR 6408 / S. 1436: As covered in detail in the 4/19/24 edition of the Round-Up, on 4/15/24 the House passed HR 6408 under suspension of the rules by a vote of 383 – 11. This is a bill “To amend the Internal Revenue Code of 1986 to terminate the tax-exempt status of terrorist supporting organizations.”  UPDATE: On May 3, 2024, it was reported from Hill sources that the Senate plans to hotline this bill – that is, bring it directly to the Senate floor and pass it by Unanimous Consent – imminently. It remains to be seen if any senator will object (even 1 Senator objecting will prevent it coming to the floor/passing by Unanimous Consent) – stay tuned.
  • In addition, there are rumors that there may be an attempt to add this legislation as an amendment to the FAA Reauthorization Act of 2024 (S. 1939), which is set to come to the Senate floor next week.
  • As discussed in detail in both the 4/19/24 edition of the Round-Up and the 11/17/23 edition of the Round-Up, US charitable organizations — like ALL other US entities — are already barred by law from providing material support for terror and already face intense scrutiny. Given this reality, and based on (a) the discussion in the House Ways and Means Committee on 11/30/23, and (b) the substitute text adopted by that committee, it is evident that HR 6408 (and now S. 1436) is aimed at legislating broad Executive authority to suspend normal due process (carried out by the Justice Department, according to clear rules), so as to permit the Secretary of the Treasure to strip US groups of their non-profit status in a peremptory manner, with virtually no limitations, accountability, or meaningful recourse. As such, this new legislation, if enacted into law, would  represent a powerful weapon to impose mass harm on the U.S. non-profit sector.
  • And to be clear: while this legislation is being introduced/promoted as a means to target 501(c)(3)’s engaged in Palestine rights activism, if enacted into law it could be used against 501(c)(3)’s working on any issue or for an objective disfavored by the Administration in power. For folks who doubt that the (initial) target of this bill is Palestine rights activism see the 11/15/23 hearing of the House Ways & Means Committee at which this bill was first discussed. And for folks who doubt that this bill would be used as a political weapon to target a broader universe of US tax-exempt organizations see this campaign, launched this week, making the case for using this law to target George Soros/Open Society Foundations.
  • Notably, over the past week this bill — and its potential implications for all US tax-exempt organizations — has finally drawn some public scrutiny. See:

TARGETING PALESTINIANS & UNRWA

  •  HR 8232: Introduced 5/2/24 by Mast (R-FL), “To authorize the Secretary of State to withdraw from the United Nations Relief and Works Agency for Palestine Refugees in the Near East Federal funds previously made available to such organization.” Referred to the House Committee on Foreign Affairs.
  • HR 3935: This week the Senate considered HR 3935, the “Securing Growth and Robust Leadership in American Aviation Act.” This bill has nothing to do with the Middle East – but that didn’t stop a couple of senators from offering anti-Palestinian amendments. These were not voted on but they are worth highlighting as examples of the kinds of things some in the Senate are determined to keep pushing, including in the hopes of quietly attaching them to major and must-pass bill. Specifically, Daines (R-MT) offered an amendment to, in effect, bar entry to the U.S. for any alien holding a passport issue by the Palestinian Authority [note that this wording suggests that it applies even Palestinians who also hold passports from other countries]; and Ernst (R-IA) offered an amendment to, in effect, bar the use of funds “to facilitate the admission or parole into the United States of any alien who is known to have been a resident of the Gaza Strip during the 10-year period ending on the date of the enactment of this Act” and to make ineligible for Federal funds under this Act an alien “known to have been a resident of the Gaza Strip during the 10-year period ending on the date of the enactment of this Act who has been a recipient of housing provided using Federal Aviation Administration funds.”

TARGETING STUDENTS/PROTESTS/ACADEMIA (DEPORT/PUNISH)

  • HR 8242/S. 4240: Introduced 5/2/24 in the House by Williams (R-NY), “and in the Senate by Cotton (R-AR) and 18 Republican cosponsors, “To establish that an individual who is convicted of any offense under any Federal or State law related to the individual’s conduct at and during the course of a protest that occurs at an institution of higher education shall be ineligible for forgiveness, cancellation, waiver, or modification of certain Federal student loans.” In the House referred to the Committees on Education and the Workforce, and Energy and Commerce; in the Senate referred to the Committee on Health, Education, Labor, and Pensions.
  • S. Res. 670 (bill text): Introduced 5/2/24 by Scott (R-SC) and 20 Republican cosponsors, “A resolution strongly condemning the rise of antisemitism on campuses of institutions of higher education across the United States.”  Referred to the Committee on Health, Education, Labor, and Pensions. Also see: press release – Sen. Scott Leads Resolution Condemning Campus Antisemitism
  • HR XXXX: On 5/1/24, Fox News reported – that Rep. Pfluger (R-TX), “will soon introduce legislation that would withhold federal financial aid from student protesters convicted of rioting or attacking police in the latest wave of anti-Israel unrest.” The article goes on: “‘As a nation founded on principles of justice and respect for the rule of law, we must take a firm stance against violence and lawlessness, especially when directed at those who risk their lives to uphold order and protect our communities. My new legislation aims to send a clear message: if you assault a police officer or engage in rioting, you forfeit your right to federal financial aid,’ Pfluger told Fox News Digital in a statement.”

TARGETING QATAR

TARGETING REP. OMAR, AGAIN

  • On 4/29/24, Axios reported that Rep. Bacon (R-NE) is preparing to introduce yet another resolution censuring Rep. Ilhan Omar (D-MN), this time for her statement made to media during a visit to a student protest encampment:  “I actually met a lot of Jewish students that are in the encampment, and I think it is really unfortunate that people don’t care about the fact that all Jewish kids should be kept safe…We should not have to tolerate antisemitism or bigotry for all Jewish students, whether they are pro-genocide or anti-genocide.” Per the Axios report: “Rep. Don Bacon (R-Neb.) said he is working on a censure measure, telling Axios ‘talking about pro-genocide Jewish students is wrong.’ ‘Folks can protest Israel, but don’t blame Jewish-American students for Israel. That is by definition anti-Semitism,’ Bacon said. The Nebraska Republican added that ‘all students deserve [a] safe environment.’…’Congresswoman Omar clearly condemned antisemitism and bigotry for all Jewish students,’ Omar spokesperson Jacklyn Rogers told Axios. ‘Attempts to misconstrue her words by drafting this baseless resolution are meant to distract from the ongoing violence and genocide occurring in Gaza and the large antiwar protests happening across our country and around the world.'”

 

2. Congress Continues to Stoke Hysteria Over Student Protests for Palestinian Rights/Lives

A. Johnson kicks off Congress-wide Antisemitism Extravaganza!

On 4/30/24, House Speaker Johnson (R-LA) announced a new initiative involving at least 6 House committees that in the coming weeks and months will engage in a public relations bonanza of a witch hunt in the name of ferreting out and destroying antisemitism on campuses wherever they find it — and by “antisemitism” Johnson has made clear he is referring to criticism of Israel/Zionism EXCLUSIVELY (so anyone thinking that this might be the moment when House Republicans belatedly start to care about Nazi and their ilk – shame on you for your political naivete). Johnson press release 4/30/24: Speaker Johnson Launches House-wide Effort to Crack Down on Antisemitism on College Campuses “We will use all tools available to us to address this scourge” Also see:

B. Members Sound Off Attacking Students, Faculty, Administrators, & Biden Admin

C. Supportive or kind of supportive of students & right to protest

  • Houlahan (D-PA) 5/1/24: Houlahan Issues Statement on University Demonstrations
  • Daily Beast 4/30/24: New York Lawmakers ‘Outraged’ After Cops Raid Columbia University
  • Axios 4/30/24: Congress seeks Yale, UCLA and Michigan testimony on Gaza protests
  • Sanders 5/2/24: PREPARED REMARKS: Sanders on the Nationwide Student Protests and the Ongoing Humanitarian Disaster in Gaza [“...It is not antisemitic to point out that Netanyahu’s government’s bombing has completely destroyed more than 221,000 housing units in Gaza, leaving more than one million people homeless – almost half the population. No, Mr. Netanyahu it is not antisemitic to point out what you have done in terms of the destruction of housing in Gaza. It is not antisemitic to realize that his government has annihilated Gaza’s health care system, knocking 26 hospitals out of service and killing more than 400 health care workers. At a time when 77,000 people have been wounded and desperately need medical care, Netanyahu has systematically destroyed the health care system in Gaza. It is not antisemitic to condemn his government’s destruction of all of Gaza’s 12 universities and 56 of its schools, with hundreds more damaged, leaving 625,000 children in Gaza have no opportunity for an education. It is not antisemitic to make that point. It is not antisemitic to note that Netanyahu’s government has obliterated Gaza’s civilian infrastructure – there is virtually no electricity in Gaza right now, virtually no clean water in Gaza right now, and sewage is seeping out onto the streets. It is not antisemitic to make that point. President, it is not antisemitic to agree with virtually every humanitarian organization that functions in the Gaza area in saying that his government, in violation of American law, has unreasonably blocked humanitarian aid coming into Gaza. They have created the conditions under which hundreds of thousands of children face malnutrition and famine. It is not antisemitic to look at photographs of children who are starving to death because they have not been able to get the food that they need. It is not antisemitic to agree with American and UN officials that parts of Gaza could become famine districts in the not very distant future. Antisemitism is a vile and disgusting form of bigotry that has done unspeakable harm to many millions of people for hundreds of years, including my own family. But it is outrageous and it is disgraceful to use that charge of antisemitism to distract us from the immoral and illegal war policies that Netanyahu’s extremist and racist government is pursuing. Furthermore, it is really cheap politics for Netanyahu to use the charge of antisemitism to deflect attention from the criminal indictment he is facing in the Israeli courts. Bottomline, M. President: it is not antisemitic to hold Netanyahu and his government for their actions. That is not antisemitic. It is precisely what we should be doing…“
  • Kim (D-NJ) 5/1/24: Congressman Andy Kim’s Statement on Protests on College Campuses [“When I was in college I along with many others protested against the 2003 Iraq War. As we had the right to peacefully protest then, so do students now. I understand the enormity of what many young people feel right now watching violence consume the lives of tens of thousands. I also understand the fear that many Jewish students and community members have in the wake of the October 7th attacks that antisemitism could be normalized and Israel’s right to exist could be put in doubt. Every student deserves to be able to study and attend classes free from intimidation and discrimination. Whether affiliated with the colleges or not, no one should make harassing statements blatantly aimed at scaring students and others. Raising voices publicly should be a means to persuade and build coalitions rather than to divide. There is a difference between those raising legitimate concern and those spewing hate, and let us work to separate and not conflate those motivations. It is core to our American values that each of us has the right to express our opinions; attempts to shut down voices of dissent only weakens our standing and our ability to find common ground. We must condemn those who only use their voices to suppress and repress, and we must listen to and lift up those who wish to find solutions.”

D. Other related stuff

 

3. Letters

[HOLD ISRAEL ACCOUNTABLE ALREADY!!!!] 5/3/24: Reps. Crow, Deluzio Lead 86 Members in Letter Urging Biden to Enforce U.S. Law & Policy Regarding US Humanitarian Aid to Gaza — Members urge Biden to enforce National Security Memorandum 20 and Section 620I of the Foreign Assistance Act [letter text]

[SENATE NEEDS TO HOLD ANTISEMITISM HEARINGS!] 5/2/24: Senate Judiciary Committee Republicans to Chairman Durbin: Hold Hearing on Civil Rights Violations of Jewish Students and Proliferation of Terrorist Ideology on Campuses [letter text]

[BERNIE MUST HOLD AN ANTISEMITISM HEARING] 5/2/24: Jewish Insider reports, “Sen. Bill Cassidy (R-LA), the top Republican on the Senate Health, Education, Labor and Pensions Committee, sent a letter to Senate HELP Committee Chairman Bernie Sanders (I-VT) on Thursday urging him to convene a hearing on the uptick in antisemitism on college campuses.  Cassidy’s letter, obtained exclusively by Jewish Insider, marks the second time in six months that the Louisiana senator has written to Sanders requesting that he allow for a full committee hearing ‘on ensuring safe learning environments for Jewish students, as required by the Civil Rights Act of 1964.’ Cassidy released a statement last week re-upping his call for a hearing, though he told JI that effort got no response.”

[NO GAZA REFUGEES IN USA] 5/2/24: Ernst Leads 34 Senators Demanding Biden Stop Plan to Welcome Gazan Refugees [letter text]

[TARGETING DC] 5/2/24: Sen. Rick Scott & Sen. Roger Marshall Call on D.C. Mayor Bowser to Answer for Refusal to Provide Law Enforcement to Protect Jewish GW Students [letter text] – [“As Members of the Senate Homeland Security and Governmental Affairs Committee, we urge you to schedule a hearing and require the attendance of Mayor Bowser and the MPD Chief of Police to address this alarming lapse in effective law enforcement at the earliest opportunity. The committee should also invite Jewish students and members of the faculty at George Washington University to testify and share their experiences with the antisemitic protests on campus. Our committee has the jurisdiction and responsibility to conduct effective oversight over the affairs of the District of Columbia, and we cannot sit idly by as the nation’s capital descends into lawless chaos.”]

[PREVENT AN ISRAELI ASSAULT ON RAFAH!] 5/1/24: Jayapal, Dean [and 55 Democratic cosigners- Call on Administration to Help Prevent Assault on Rafah [letter text]

[NEED ANSWERS RE KSA NUKE COOPERATION] 5/1/24: Sen. Markey Seeks Answers on Nuclear Cooperation with Saudi Arabia, Calls for Congressional Oversight of Any 123 Negotiations [letter text]

[FIRE COLUMBIA PRESIDENT] 5/1/24: Stefanik Urges Trustees of Columbia University to Remove President Shafik [letter text]

[TARGETING HARVARD OVER ALLEGED ANTISEMITISM] 4/30/24: The Riverdale Press reports: “U.S. Rep. Ritchie Torres has written a letter to Harvard University interim president Alan Garber asking the school to address campus antisemitism and do something about a Jewish student from Riverdale who Torres said faced “antisemitic harassment and intimidation” from an employee…”

[TARGETING DC OVER ALLEGED ANTISEMITISM] 4/30/24: Oversight Committee Republicans: DC Officials Must Take Action Against Pro-Hamas Camp and Restore the Rule of Law [letter text] – including: “As you know, the Constitution grants Congress plenary legislative authority over the District of Columbia in all cases. If the District of Columbia and MPD refuse to exercise their authority to assist GWU in securing the safety of its students and faculty, Congress will be obliged to exercise its legislative powers to do so” and demanding answers to a list of questions that appear designed to produce fodder for a hearing attacking Bowser

[HOW DARE BIDEN EVEN PRETEND TO THINK ABOUT HOLDING ISRAEL ACCOUNTABLE TO US LAW!] 4/30/24: McCaul, Risch Call For Biden, Blinken to Repeal National Security Memorandum 20 (NSM-20) [letter text] — “...NSM-20 plainly was designed to appease critics of Israel. Following the brutal October 7, 2023, terrorist attack on Israel by Hamas – a U.S. designated Foreign Terrorist Organization (FTO) – Israel has been engaged in a campaign to destroy the military and governing capacity of Hamas in Gaza. Israel faces near-daily rocket fire from Hezbollah, another FTO, into its northern territory (where tens of thousands of citizens have been displaced), while Iran and Iranian-backed proxies in Iraq, Syria, and Yemen pose grave threats to Israel. Iran’s unprecedented drone and missile attack on April 13, 2024, was only the latest in a long series of aggressive actions that threaten regional stability. The February 2024 release date of the NSM, and the subsequent media attention it has generated on Israel alone, make clear that the policy is primarily motivated to placate anti-Israel sentiment at home and abroad...”

[COLUMBIA MUST UTTERLY QUASH STUDENT PROTEST FOR PALESTINIAN RIGHTS/SAFETY- TO DO OTHERWISE FAILS TO PROTECT JEWISH STUDENTS (but to be clear, this letter isn’t talking about the many, many Jewish students taking part in the protests whose presence complicates what members prefer to view as an elegantly simple, black-and-white, good-vs-evil narrative of terrified Jewish kid cowering in the face of terrifying hordes of violent antisemitic protesters! And it also doesn’t talk about pro-Israel students and allies counter-protesting (with no apparent fear) and actively harassing/abusing/seeking to stoke confrontations with pro-Palestine protesters. As far as this letter is concerned, the safety of all of those students, not to mention their right to protest, is totally cancelled out by the discomfort of some pro-Israel students with having to face ideas/signs/slogans that make them uncomfortable)] 4/29/24:  Gottheimer, Goldman Lead 21 Democratic Members of Congress Urging Columbia University’s Board of Trustees to Protect Jewish Students, Disband Encampment [letter text] Also see: Scoop: Democrats turn up the heat on Columbia University (Axios 4/29/24)

[TARGETING DC OVER ALLEGED ANTISEMITISM] 4/29/24: Cotton to Bowser: Allow D.C. Police to Uphold the Law [letter text] [“Since last week, protestors have “occupied” George Washington University’s campus and are demanding that the university divest from the one Jewish state. Campus officials requested help from the D.C. Metro Police last week, but even as they prepared to assist the ‘mayor’s office told police to stand down and said it would look bad publicly for police to disrupt a ‘small number of peaceful protestors.’ I’m writing to inform you: What looks bad publicly is D.C. allowing a band of antisemitic, mask- wearing fanatics who call for an ‘intifada revolution’ to tum a university into a pro-Hamas encampment. I have no doubt that if protestors were illegally gathered in opposition to Washington, D.C.’s disastrous record on crime, you would have quickly ordered the police to intervene. Whether it is due to incompetence or sympathy for the cause of these Hamas supporters, you are failing to protect the rights of law-abiding citizens by letting a terrorist-supporting mob take over a large area of a university. Your actions are a good reminder of why Washington, D.C. must never become a state. I’m calling on you to reverse your decision and allow the D.C. police to uphold the law.”

 

4. Hearings & Markups

4/30/24: The Senate Appropriations Committee’s Subcommittee on Labor, Health and Human Services, Education, and Related Agencies, held a hearing entitled, A Review of the President’s Fiscal Year 2025 Budget Request for the Department of Education. The sole witness was Education Secretary Miguel Cardona (hearing video). In the course of the hearing Cardona was asked (predictably) about student protests that are sweeping across this country. Cardona, predictably, pandered to the Committee, throwing student protesters under the bus as he doubled and tripled down on his committee to fight antisemitism (even when that “antisemitism” is actually legitimate criticism of Israel/Zionism) and to investigate the flood of Title VI complaints that started after October 7th (Republican members were not satisfied by this pandering). See: New York Times 4/30/24: Education Secretary Calls Antisemitism on Campuses ‘Abhorrent’ and ‘Unacceptable’ -Miguel A. Cardona told lawmakers that his department was continuing to investigate complaints of antisemitism at dozens of colleges since Oct. 7.; Britt (R-AL) press release – U.S. Senator Katie Britt Presses Biden Administration to Protect Jewish Students on College Campuses; Capito (R-WV) press release –Senate Republicans Press Cardona to Act Promptly to Combat Antisemitism; Capito (R-WV) press release – VIDEO: Capito Presses Education Secretary on FAFSA Fiasco, Campus Antisemitism
4/30/24: The House Armed Services Committee held a hearing entitled, Department of Defense Fiscal Year 2025 Budget Request. Witnesses were Secretary of Defence Lloyd Austin III and Joints Chiefs of Staff Chairman Gen. Charles Brown Jr. (hearing video). Of note from this hearing was an interactions between Austin and some committee members regarding the Gaza pier project. See: Fox News 4/30/24: Growing controversy over Biden’s Gaza pier fuels concerns over cost, security; Washington Examiner 4/30/24: Austin and Gaetz spar over ‘boots on the ground’ regarding Gaza pier; Daily Caller 4/30/24: SecDef Admits It’s Possible US Troops Could Get Into A Firefight With Gaza Terrorists; AntiWar.com 4/30/24: Austin Says It’s ‘Possible’ That US Troops on Gaza Pier End Up in a Shooting War
5/7/24: The House Committee on Oversight and Accountability will hold a CLOSED DOOR BRIEFING entitled, “The Origins and Implications of Rising Antisemitism in Higher Education”. Witnesses will be: Dr. Charles Asher Small, Institute for the Study of Global Antisemitism and Policy, and Professor David E. Bernstein, University Professor of Law at George Mason University Antonin Scalia Law School. To get a flavor of this hearing: Bernstein is the author of the book, Woke Antisemitism: How a Progressive Ideology Harms Jews; here’s Small on a webinar in November 2023, “The Genocidal Alliance – Western Intellectuals and Hamas” with Dr Charles Asher Small and Haras Rafiq; and here’s Small again – Charles Asher Small on BBC News: SJP Links to Hamas Antisemitic Ideology and the Campus Crisis
5/8/24: The House Committee on Education and the Workforce’s Subcommittee on Early Childhood, Elementary, and Secondary Education will hold a hearing entitled, “Confronting Pervasive Antisemitism in K-12 Schools.” Witnesses have not yet been announced, but note this article from 4/12/24 – 2 School Districts to Testify as Congress Expands Antisemitism Inquiry — A congressional committee that questioned college presidents about how they have handled protests over the Israel-Hamas war is now focusing on K-12 school districts (New York Times)
5/8/24: The House Committee on Oversight and Accountability will hold a hearing entitled, “Oversight of D.C.’s Response to Unlawful Activity and Antisemitism.” Witnesses have not yet been announced.
5/23/24: The House Committee on Education and the Workforce will hold a hearing entitled, “Calling for Accountability: Stopping Antisemitic College Chaos.” Witnesses have not yet been announced, but committee chair Foxx (R-NC) issued a press release, “Foxx Calls on Yale, UCLA, and Michigan to Appear Before the Committee About Antisemitism“. Also see: The New York Sun 4/30/24: More ‘Spineless College Leaders’ Called To Testify as House Republicans Promise Crackdown on Campus Antisemitism; Fox News 5/2/24 (op-ed by Rep. Stefanik, R-NY): As a House Republican leader, here’s our message on chaos, antisemitism for university presidents

5. Selected Media & Press releases/statements

Bibi Big Day in Congress!

Politics/Elex (general)

Unconditional Support for Israel and Israeli Impunity

Targeting the ICC

Other stuff

1. Bills, Resolutions
2. Congress Continues to Stoke Hysteria Over Student Protests for Palestinian Rights
3. Letters
4. Hearings & Markups
5. Selected Media & Press releases/Statements

New from FMEP:

 

1. Bills & Resolutions

(LEGISLATING THE IHRA DEFINITION OF ANTISEMITISM: HR 6090: Introduced 10/26/23 by Lawler (R-NY) and having 42 cosponsors (bipartisan), “To provide for the consideration of a definition of antisemitism set forth by the International Holocaust Remembrance Alliance for the enforcement of Federal antidiscrimination laws concerning education programs or activities, and for other purposes,” aka, the “Antisemitism Awareness Act.” Referred to the House Committee on the Judiciary. For background on this legislation (which has been introduced numerous times and which has nothing to do with fighting antisemitism, and everything to do with delegitimizing and suppressing campus free speech/activism critical of Israel, see this compendium of resources; for a deep dive into the history/objectives of this legislation, see this article by FMEP’s Lara Friedman.

(FEDERAL ANTISEMITISM MONITORS FOR US COLLEGES) HR XXX: 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.’“

(BILLIONS IN ADDITIONAL UNCONDITIONAL MILITARY AID FOR ISRAEL, PLUS SOME OTHER STUFF) HR 8034 / HR 8038 / HR 815: In the wake of Iran’s recent (retaliatory) attack on Israel, pressure massively increased last week on House Speaker Johnson (R-LA) to take action on and   pass emergency aid for Israel. In the end he did so, and over the weekend, on 4/20/24, the House passed HR 8034 — providing billions in totally unconditional military aid for Israel, along with substantial funding for humanitarian assistance. Notably, not a penny of the latter is specifically earmarked to help Palestinians, yet the bill does include numerous provisions imposing conditions/restrictions/oversight requirements in the event that a penny of that funding is used for Palestinians (including a total ban on any of the funding going to UNRWA). In addition, the House  passed HR 8038, the “sidecar” bill added to the emergency funding package, containing a long list of anti-Iran/anti-Iran-diplomacy measures (and also legislation targeting TikTok). On 4/23/24, the Senate voted on both of these bills, along with two other emergency funding bills, all bundled together as an amendment-in-the-nature-of-a-substitute to HR 815 (the pre-existing vehicle for the emergency funding). A number of Israel-related amendments were offered to the bill, including a Scott (R-FL) amendment to in effect permanently bar US aid for Gaza; a Sanders (I-VT) amendment to cancel the ban on aid to UNRWA; a Sanders (I-VT) amendment to cut offensive military aid for Israel out of the bill; a Van Hollen (D-MD) amendment to put conditions on offensive military aid for Israel in the bill; a Van Hollen (D-MD) amendment to allow funding for UNRWA — none of which were considered. For exhaustive coverage/details of the substance of these bills see last week’s edition of the Round-Up. Further details of what happened over the weekend and this week:

 

2. Congress Continues to Stoke Hysteria Over Student Protests for Palestinian Rights/Lives

Statements

Letters

Media

Defending Right to Protest & Campus Free Speech

 

3. Letters

  • [IRAN SANCTIONS] 4/24/24: Sullivan & Blumenthal Call on President to Enforce Stronger Sanctions Against Iran [letter text
  • [IMPOSE POLITICAL LITMUS TEST FOR TAX-EXEMPT ORGS!] 4/24/24: Ways and Means Republicans Call for Rigorous Oversight of U.S. Tax-Exempt Organizations with Suspected Ties to Chinese Communist Party [letter text]. Also see: Lawmakers Ask IRS To Probe Chinese Funding to Anti-Israel Protests (Free Beacon 4/24/24). Apparently believing that protesters against Israel’s war on Gaza were insufficiently demonized, delegitimized, and dehumanized accusations they are (a) in league with terrorists, (b) antisemitic, and (c) modern-day-Nazis who are worse than ACTUAL Nazis who march in the US, some powerful House Republicans are upping the ante. With this new letter, they now seem to be claiming is that these protesters are….agents of the Chinese Communist Party, and seeking to use hate/fear of China and hysteria around antisemitism (defined to mean criticism of Israel/activism for Palestinian rights) as a springboard to suggest that the IRS should impose a political/ideological litmus test on tax exempt groups, and should revoke tax-exempt status of organizations that “promote conduct that is counter to public policy.“ The letter also suggests the IRS must vet tax-exempt organizations for “antisemitism” and asks “Does the IRS have a definition of antisemitism in place within the agency that it considers when evaluating the claimed exempt purpose of a tax-exempt organization?” Notably the letter does not ask whether the IRS has definitions of anti-Black hate, or Islamophobia, or any other kind of hate that it “considers when evaluating the claimed exempt purpose of a tax-exempt organization.” For those paying attention (for years now) to efforts in Congress to legislate and enforce the IHRA definition of antisemitsm (for the most recent examples see Section 1 of this Round-Up), this question strongly suggests an intent to legislate the IHRA definition of antisemitism into IRS regulations, with the goal of making “violations” of that definition (that is, criticism/activism focused on Israel, Israeli policies, Palestinian rights, Zionism, etc) a basis for denying/revoking tax-exempt status of an organization. In practice such a policy would mean revoking the tax exempt statys of pretty much every US 501(c)(3) organization working on these issues (from anything other than an explicitly pro-Israel perspective and for pro-Israel objectives). Moreover, it would have a chilling effect on US 501(c)(3) organizations that work on such issues in the context of, for example, a broader focus on human rights, or status of children, or corporate resonsibility in conflict zones, or hunger, or health — in effect creating a situation in which such organizations would be compelled to implement a blind spot/exception for Israel, or face charges of “antisemitism” that could destroy their ability to work on everything else. To anyone reading this who thinks this this sounds far-fatched, please take some time to learn about the attacks on the entire movement for ethical investing (known as ESG), and a company called Morningstar in particular. Claiming that ESG is antisemitic for daring to try to hold Israel accountable to the same ethical screens/standards as every other country has become a primary weapon used both by defenders of Israeli impunity and by illiberal/conservative forces who oppose ESG in general. Attacks have focused specifically on Morningstar, a company that some have viewed as the standard-bearer for ESG practices. Those attacks succeeded in their goal, with Morningstar eventually re-tooling its entire approach to ESG to ensure an Israel exception.
  • [HOLD ISRAEL TO US LAW ON NSM20] 4/16/24 (not previously reported in the Round-Up): Reps. Escobar, Castro Lead Letter on NSM20 and U.S. Origin Weapons in Israel [letter text]

 

4. Hearings & Markups

Potential hearing alert (nothing on the schedule yet): New York Times 4/12/24 – 2 School Districts to Testify as Congress Expands Antisemitism Inquiry [“The leaders of public schools in New York City and Montgomery County, Md., will testify about how their districts are handling antisemitism before a congressional committee next month. It will be the first time that K-12 districts have taken center stage in the House hearings focused on how schools are responding to a wave of student protests since Hamas’s attacks against Israel on Oct. 7. At least one other district was also invited to attend the hearing on May 8, according to the New York City schools chancellor, David C. Banks, who will be testifying. A spokesman for the House Committee on Education and the Workforce confirmed that the two districts were asked to attend the hearing, but did not identify any others. The earlier congressional hearings helped trigger the resignations of the presidents of Harvard and the University of Pennsylvania. Columbia University’s president is appearing before a congressional committee next week. Now, representatives appear to be expanding their scope beyond higher education. The inquiry next month will offer a window into how the tensions on American college campuses are also stirring painful debates in public school communities…”]

5. Selected Media & Press releases/statements

Politics/Elex (general)

Rep. Summer Lee Primary

Unconditional Support for Israel and ONLY Israel

Other stuff

1. Bills, Resolutions
2. Emergency $$/Weapons for Israel Back on the Agenda (& more!)
3. Letters
4. Hearings & Markups
5. Selected Media & Press releases/Statements

New from FMEP:

 

1. Bills & Resolutions

NOTE: In the wake of Iran’s retaliatory military action against Israel last weekend (retaliation for Israel’s earlier bombing of an Iranian diplomatic facility in Syria), House leadership replaced the planned schedule for this week (here) with a scheduled devoted almost 100% to anti-Iran and anti-Palestinian legislation (here). Also see: House changes legislative calendar to focus on Israel, Iran (Jewish News Syndicate 4/14/24); Congress moving swiftly on bipartisan action to punish Iran after revenge attack on Israel (PBS 4/18/24); Ocasio-Cortez Statement on House Republican Incompetence (Ocasio-Cortez, D-NY, 4/16/24); Legislative Outlook: Irresponsible Votes This Week on Iran Bills (NIAC) 4/15/24).

This section of the Round-Up covers all of that legislation, plus other fun stuff introduced in or moved on by Congress this week. All of that is in addition to a package of new legislation to provide emergency aid for Israel, Ukraine, etc — a package that includes a “sidecar” pulling together, among other things, a lot of of the anti-Iran and anti-Hamas/Hizballah legislation passed in the House (laid out below). See Section 2 of this Round-Up for discussion of the emergency funding package.

(A) Anti-Palestinian/Anti-Free Speech

  • TARGETING NGOs THAT SUPPORT PALESTINIAN RIGHTS) HR 6408 / S. 1436: Introduced in the House 11/14/23 by Kustoff (R-TN) and having 7 cosponsors (bipartisan), D-IL), “To amend the Internal Revenue Code of 1986 to terminate the tax-exempt status of terrorist supporting organizations.” Introduced in the Senate 4/17/24 by Cornyn (R-TX) and King (I-ME) — see Cornyn press release. HR 6408 was passed by the House 4/15/24 under suspension of the rules by a vote of 383 – 11.  As noted in the 11/17/23 edition of the Round-Up, US charitable organizations — like ALL other US entities — are already barred by law from providing material support for terror and already face intense scrutiny (for example, see the landmark Holy Land Foundation case). Given this reality, and based on (a) the discussion in the House Ways and Means Committee on 11/30/23, and (b) the substitute text adopted by that committee, it is evident that HR 6408 (and now S. 1436) is aimed at legislating broad Executive authority to suspend normal due process (carried out by the Justice Department, according to clear rules), so as to permit the Secretary of the Treasure to strip US groups of their non-profit status in a peremptory manner, with virtually no limitations, accountability, or meaningful recourse. As such, this new legislation, if enacted into law, would  represent a powerful weapon to impose mass harm on the U.S. non-profit sector. And to be clear: while this legislation is being introduced/promoted as a means to target 501(c)(3)’s engaged in Palestine rights activism, if enacted into law it could be used against 501(c)(3)’s working on any issue or for an objective disfavored by the Administration in power. For more details see: the 12/1/23 edition of the Round-Up; analysis from Charity & Security Network – Charity & Security Network Opposes Legislation that Targets Charities; press release – Kustoff Bill to Revoke Tax-Exempt Status to Nonprofits Supporting Terrorists Passes House. And for folks who doubt that the (initial) target of this bill is Palestine rights activism see the 11/15/23 hearing of the House Ways & Means Committee at which this bill was first discussed. From that hearing, note the following:
    • Chairman Smith (R-MO) 11/15/23: “…this committee has jurisdiction over the tax code and must address two related issues that have been laid bare in the aftermath of October 7th. First, tax exempt charities operating in the United States are providing support encouragement and potential financing to Hamas and Hamas-Affiliated groups. This concern is not theoretical. In the early 2000s the US government identified and shut down the Holy Land Foundation in the United States. That foundation funneled $12.4 million from Americans to Hamas. Shockingly, a 501c3 entity called ‘American Muslims for Palestine’ and its related c4 have been sued in federal court for operating as an alter ego of the Holy Land Foundation. The two groups have many of the same leaders and may be continuing the same efforts to support Hamas. Second, the eruption of hatred towards Jewish students on college campuses after the October 7 attack has been disturbing to watch. But the organization around it is not some organic movement. It has been carefully built over years in part by American Muslims for Palestine. They helped build, shape, and train a group called Students for Justice in Palestine or SJP. Many SJP events have involved pro-Hamas slogans and have led to intimidation, harassment, and violence against Jewish students…”
    • ADL head Jonathan Greenblatt at that same hearing: “…urge governmental authorities– the FBI and the IRS — to look at and conduct a thorough review of these organizations like AMP and SJP that you’ve heard about today“
    • FDD’s Jonathan Schanzer: “…I think there should be number one investigations into nonprofits that could be supporting terrorism and we’ve talked about a few of them today…” and again: “if you’re referring to the activities of some of these extremist groups and how we can stop them, look: I think part of it is about perhaps reforming the tax code, not giving 501c3 breaks to organizations that we know are embracing hate speech, and targeting specific sectors of American society that should be beyond the pale.“
    • Rep Schweikert (R-AZ), in response to Greenblatt urging the committee to go after DAFs: “You will be happy to know, the chairman and a couple of our members here who actually sit on Intelligence — we’ve had side conversations on charitable giving, pre-tax monies, those things and how we make sure it’s doing good in the world and not ultimately financing evil.
  • (TARGETING PALESTINIAN ACTIVISM & FREE SPEECH) H. Res. 883: Introduced 11/21/23 by D’Esposito (R-NY) and having 20 cosponsors (2 Democrats), ” Expressing the sense of the House of Representatives that the slogan, ‘from the river to the sea, Palestine will be free’ is antisemitic and its use must be condemned.” Also see: X-thread from Prem Thakker (the Intercept) noting that the son of Israeli Prime Minister Benjamin Netanyahu, Yair Netanyahu, has posted as the bio line on his X account: “from the river to the sea, this flag [followed by pic of an Israeli flag] is all you’ll see!” and noting the original platform of Netanyahu’s Likud party included: “…between the Sea and the Jordan [river] there will only be Israeli sovereignty.” Passed by the House 4/15/24 under suspension of the rules by a vote of  377-44-1.
    • Also see: Forty-four House members vote against resolution declaring ‘river to the sea’ slogan antisemitic (Jewish Insider 4/16/24); Rep. Watson Coleman Statement on Partisan GOP Stunt to Exploit Mid-East Crisis; X-thread from AAI’s Jim Zogby: “Israel occupies everything from the Jordan to the Mediterranean. They’re committing genocide in Gaza, seizing land & terrorizing West Bank Palestinians, & subjecting its Arab citizens to discrimination. So when we say “from the river to the sea…” we mean stop this oppression 1/5 For Congress to condemn the expression saying it’s antisemitic, is racist & insulting to Israel’s victims. It says Palestinians have no rights & should not speak out. It’s like telling the black community in the Jim Crow south that it’s anti-white to sing “We shall be free” 2/5 Some deliberately misinterpreted the expression saying it means genocide & makes them uncomfortable. It never meant that. But you know what makes Arabs uncomfortable? Genocide, apartheid, occupation, & LIKUD’s platform claiming Israeli sovereignty from the river to the sea. 3/5 Congress just allowed heavy-handed pro-Israel groups to pressure them to define the terms of debate by silencing critics of Israeli policies. Meanwhile ignoring behaviors & expressions that truly are antisemitic like “Jews will not replace us” a favorite of the neo-Nazis. 4/5 This is an abuse of Congressional power & dangerous infringement of free speech. Looking at the Congressional docket, this is only the beginning of a massive effort to silence critics of Israeli policies. It’s the New McCarthism & will only make civil discourse more difficult 5/5“. Also see: Congress passes resolution declaring ‘From the River to the Sea’ antisemitic (Jewish News Syndicate 4/19/24)
  • 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.” Referred to the House Committee on Ways and Means. Reminder: 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] (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 consumers 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. HR 5179 was marked up by and reported out of the House Ways & Means Committee 4/17/24 by a vote of 25-17 (paving the way for it to be brought to the House floor for a vote). 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.”

B. Keeping the Focus on Hamas

  • (HOLDING HAMAS ET AL ACCOUNTABLE FOR SEXUAL VIOLENCE) H. Res. 1147: Introduced 4/15/24 by Wasserman Schultz (D-FL) and 3 cosponsors (bipartisan), “Demanding that the international community hold accountable those who perpetrated acts of sexual violence and sexual torture during and after the attack on the State of Israel on October 7, 2023.” [The resolution doesn’t explain how the international community is actually supposed to locate/arrest/hold accountable anyone in Gaza in the context of an Israel’s ongoing war on Gaza and destruction of Gaza]. Referred to the House Committee on Foreign Affairs. 

C. Targeting Iran & Anyone Associated with Iran

  • (PERMANENT IRAN SANCTIONS) HR 3033: Introduced in the House 4/28/23 by Steel (R-CA) and 24 cosponsors (of which 8 are Democrats) [and in the Senate as S. 1390 5/2/23 by Scott (R-SC), Hassan (D-NH), Hagerty (R-TN) amd Rosen (D-NV)] “To repeal the sunset provision of the Iran Sanctions Act of 1996, and for other purposes,” aka, the “Solidify Iran Sanctions Act.” Passed by the House 4/16/24 under suspension of the rules by a vote of 407-16.
  • (BLOCKING IRAN SANCTIONS WAIVERS) HR 4691: Introduced 7/17/23 by Self (R-TX) and 5 Republican cosponsors, “To provide for congressional review of actions to terminate or waive sanctions imposed with respect to Iran,” aka the “Iran Sanctions Relief Review Act (ISRRA) of 2023.” Passed by the House 4/17/24 by a vote of 278 – 141 (1 Republican voting “no”).
  • (NEW IRAN SANCTIONS) HR 5826: Introduced 9/28/23 by Wilson (R-SC) and having 11 cosponsors (all Republicans plus Moskowitz, D-FL),  “To require a report on sanctions under the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act, and for other purposes,” aka, the “No Paydays to Hostage Takers Act.“ Passed by the House 4/16/24 under suspension of the rules by a vote of 391-34.
  • (NEW IRAN SANCTIONS) HR 5921: the “No U.S. Financing for Iran Act of 2023.” Introduced 10/11/23 by Huizenga (R-MI) and currently having 30 cosponsors (all Republican), to “prohibit the Secretary of the Treasury from issuing any licenses authorizing a U.S. financial institution to engage in transactions for trade with Iran, other than food, medicine, or medical devices benefitting Iranian civilians. The legislation also requires the Secretary to oppose International Monetary Fund (IMF) assistance to Iran, and to ensure that IMF member companies do not exchange Special Drawing Rights held by Iran. H.R. 5921 further prohibits the Export-Import Bank from providing assistance involving the Iranian government, or an entity owned or controlled by the government.” Passed by the House 4/15/24 under suspension of the rules by a vote of 294 – 105 (104 Democrats opposed). Also see: House Democrats split again over new Iran funding vote (Jewish Insider 4/16/24)
  • (NEW IRAN SANCTIONS) HR 5923: the “Iran-China Energy Sanctions Act of 2023.” Introduced 10/11/23 by Lawler (R-NY) and having 10 cosponsors (all Republicans plus Gottheimer, D-NY), to “expand secondary sanctions involving Iran to cover all transactions between Chinese financial institutions and sanctioned Iranian banks that transact for the purchase of petroleum and petroleum products. The bill would also require an annual determination as to whether Chinese financial institutions have engaged in sanctionable conduct.” Passed by the House 4/15/24 under suspension of the rules by a vote of 383 – 11.
  • (NEW IRAN SANCTION) HR 5947: Introduced 10/12/23 by Pfluger (R-TX) and having 130 cosponsors (all Republicans), “To provide for the rescission of certain waivers and licenses relating to Iran, and for other purposes.” Also see: press release – Pfluger Leads 100+ Republicans in Blocking Iran from Accessing $6 Billion. Also see Pfluger X-post – “The Biden Administration’s ‘quiet understanding’ is not good enough. They must plainly reject any funds going to Iran. I just dropped a bill with 100+ lawmakers to block access. If the President refuses to permanently freeze the funds, Congress will.” Passed by the House 4/17/24 by a vote of 259 – 160.
  • (IRAN SANCTIONS ENFORCEMENT) HR 6015: Introduced 10/20/23 by Leutkemeyer (R-MO) and no cosponsors, “To require the President to prevent the abuse of financial sanctions exemptions by Iran, and for other purposes,” aka, the “Iran Sanctions Accountability Act of 2023.” Discussed on the House floor 4/15/24, passed by the House 4/16/24 under suspension of the rules by a vote of 408-13.
  • (NEW IRAN SANCTIONS) HR 6245: the “Holding Iranian Leaders Accountable Act.” Introduced 11/6/23 by Hill (R-AR) and having 3 cosponsors (one Dem is Vargas, D-CA) to require the President “to report on the assets of certain Iranian government officials and terrorist leaders while also providing for the publication of those assets. This legislation further requires the Secretary of the Treasury to seek the closure of U.S. and foreign financial institution accounts connected with the assets.” Discussed on the House floor 4/15/24, passed by the House 4/16/24 under suspension of the rules by a vote of 419-4.
  • (RE-DESIGNATE ANSARALLAH AS AN FTO) HR 6046: Introduced 10/25/23 by Clyde (R-GA) and having 63 cosponsors (all Republican), “Standing Against Houthi Aggression Act” aka, “To designate Ansarallah as a foreign terrorist organization and impose certain sanctions on Ansarallah, and for other purposes.” NOTE: Congress does not have the legal authority to designate FTOs or to compel the Executive to do so (but hey, who care about legal technicalities, amirite?) Passed by the House 4/17/24 by a vote of 285-135.
  • (TO APPLY FOREIGN-DIRECT RULES TO IRAN) HR 6603: Introduced 12/5/23 by Moran (R-TX) and McCaul (R-TX), “To apply foreign-direct product rules to Iran,” aka, the “No Technology for Terror Act.” Passed by the House 4/16/24 under suspension of the rules by a vote of 406-19.
  • (EU: DESIGNATE IRGC AS TERRORIST ORG) H. Res. 288: Introduced 4/13/23 by Tenney (R-NY) and 58  bipartisan cosponsors, “Urging the European Union to expeditiously designate the Islamic Revolutionary Guard Corps as a terrorist organization under Common Position 931, and for other purposes,” aka, the “Encouraging the EU to DESIGNATE Resolution,” aka, the “Encouraging the European Union to Determine that the European Union Should Sanction the Iranian Revolutionary Guard Corps Now As a Terrorist Entity Resolution.” Passed by the House 4/16/24 under suspension of the rules by a vote of 411-14-6.
  • (CONDEMNING IRAN) H. Res. 1143: Introduced 4/15/24 by Kean (R-NJ) and 42 cosponsors (40 Republicans plus Moskowitz, D-FL), and Lieu, D-CA), “Condemning Iran’s unprecedented drone and missile attack on Israel.” Also see: Kean and Moskowitz Introduce Resolution Condemning Iran’s Drone and Missile Attack on Israel. Passed by the House 4/18/24 by a vote of 404-14. Also note statement from Jayapal (D-CA): “…I voted no on this resolution because I am concerned that it further escalates the situation at exactly the time that we need to do the opposite. It does not mention the precipitating strike on the Iranian embassy by Israel that led to this attack. It ‘fully supports’ further offensive action by Israel and calls for continued arms sales to Israel. It makes no distinction between aid to Israel for defensive purposes—such as the Iron Dome funding or against threats from Hezbollah and Iran—versus aid to Israel for offensive strikes against innocent civilians in Gaza. While I continue to support defensive aid to Israel, I have been clear that I cannot support offensive military aid to Israel with no strings attached while the Netanyahu government continues to kill innocent civilians in Gaza — both through military action and the blocking of humanitarian aid leading to famine. This is a time to de-escalate the conflict, not promote retaliatory violence, and I appreciate President Biden’s leadership on this issue. It is also of the utmost importance to achieve an immediate ceasefire to end the killing of innocents, return the hostages, and create a path for peace and security in the region. That is where our focus must be in this moment.” Also see: Far left lawmakers, Massie vote against condemning Iranian attack on Israel (Jewish Insider 4/18/24)
  • (CONDEMNING IRAN) H. Res. 1148: Introduced 4/15/24 by Weber (R-TX) and 142 cosponsors (bipartisan), “Condemning the Iranian regime’s terrorism, regional proxy war, internal suppression, and for other purposes.”  Referred to the House Committee on Foreign Affairs.
  • (TARGETING IRAN & THOSE DAMN HOUTHIS) HR 8001: Introduced 4/15/24 by Green R-TN) and 5 cosponsors (4 Republicans plus Moskowitz, D-FL), “To impose sanctions on the Houthis for attacks on international shipping, and for other purposes.” Referred to the Committees on Foreign Affairs and the Judiciary.

 

2. Emergency $$/Weapons for Israel, Back on the Agenda! (and more!)

In the wake of Iran’s retaliatory attack on Israel last weekend, pressure massively increased on House Speaker Johnson (R-LA) to take action this week to pass emergency aid for Israel – something that would only be possible if it also included aid for Ukraine and other Biden Administration priorities (as reflected in legislation already passed by the Senate). At the same time, Johnson also faced continued pressure from Republican hardliners who threatened to challenge his speakership if he decides to bring Ukraine aid up for a vote. Stock between these competing pressures, Johnson ultimately decided on 4/17/24 advance emergency aid to Israel as part of a package of emergency legislation (4 separate bills), with the understanding that if Republican hardliners try to vote him out of leadership for doing so, House Democrats will vote to save him.  On 4/18/24, the House Rules Committee passed its rule governing floor consideration of the 4 emergency bills. On 4/19/24, the House voted to adopt that rule (in the from of H. Res. 1160) by a vote of 316-94, clearing the way for the package to be brought up for votes. It is expected that this package will be voted on — and passed — by the House over the weekend; Senate Majority Leader Schumer has reportedly told senators to stay in town over the weekend to vote on the package following House passage.

Israel/Middle East elements of that aid package are laid out below.

A) Massive Emergency Aid for Israel: The package of emergency legislation includes HR 8024, “Making emergency supplemental appropriations to respond to the situation in Israel and for related expenses for the fiscal year ending September 30, 2024, and for other purposes,” aka, the “Israel Security Supplemental Appropriations Act, 2024.” Also see the press release accompanying the bill, which opens with: “This section totals $26.38 billion to support Israel in its effort to defend itself against Iran and its proxies, and to reimburse U.S. military operations in response to recent attacks.” Key elements of the bill text (which largely match what was already passed by the Senate) are:

Funding/Weapons/Ammo for Israel [NOTE: the bill does not contain a single condition, restriction, special oversight, or reporting requirement with respect to any of this assistance/weapons/ammunition for Israel]

  • $4.4 Billion for “Operation and Maintenance, Defense-Wide,” “for provision to the government of Israel or to foreign countries that have provided support to Israel at the request of the United States“
  • $801.4 million for ‘Procurement of Ammunition, Army’’,  “to respond to the situation in Israel“
  • $5.2 billion for “Procurement, Defense-Wide’’, of which $4 billion is for Iron Dome and David’s Sling; $1.2 billion is for Iron Beam;
  • $198.6 million for “Defense Production Act Purchases’’
  • $2.44 billion “for transfer to military personnel accounts, operation and maintenance accounts, procurement accounts, research, development, test and evaluation accounts, and the Defense Working Capital Funds“
  • $3.5 billion for “Foreign Military Financing Program’’, “for assistance for Israel and for related expenses” of which up to $769.3 million “may be available for the procurement in Israel of defense articles and defense services”
  • Up to $7.8 billion in emergency drawdowns in 2024 in defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training (limit raised for Israel in 2024 from the normal aggregate limit of $100 million)
  • Up to $400 million and $150 million another categories of emergency defense drawdowns (limit raised for Israel in 2024 from the normal limits in these categories of $200 million and $75 million, respectively)

Funding for Israel-Related Things

  • $150 million for ‘‘Diplomatic Programs’’, “to respond to the situation in Israel and areas and countries impacted by the situation in Israel” of which $100 million “shall be for Worldwide Security Protection, including to respond to the situation in Israel and areas impacted by the situation in Israel“
  • $75 million for “International Narcotics Control and Law Enforcement’’, “for assistance for the Middle East, following consultation with the appropriate congressional committees, including to enhance law enforcement capabilities, counter terrorism, combat narcotics trafficking, and meet other critical partner requirements“
  • $10 million for “Peacekeeping Operations’’, “including for a United States contribution to the Multinational Force and Observers mission in the Sinai to enhance force protection capabilities“
  • Up to $50 million for the President to furnish “assistance to friendly countries and international organizations, on such terms and conditions as he may determine, for peacekeeping operations and other programs carried out in furtherance of the national security interests of the United States” (up from the normal limit of $25 million)

Humanitarian Aid

  • $5.655 billion for ‘International Disaster Assistance’’ “to address humanitarian needs, including the provision of emergency food and shelter, of vulnerable populations and communities” (none specifically earmarked for Palestinians)
  • $3.495 billion for “Migration and Refugee Assistance’’,  “to address humanitarian needs of vulnerable populations and communities” (none specifically earmarked for Palestinians)

Anti-Palestinian Provisos [NOTE: while there is not a single dollar in this bill specifically earmarked for Palestinian humanitarian aid, the bill includes extensive language putting limits/restrictions/conditions/oversight/reporting requirements with respect to any funds the Biden Administration might  nonetheless choose to use for Palestinian aid)

  • No $$ for UNRWA: “SEC . 308. None of the funds appropriated or otherwise made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for a contribution, grant, or other payment to the United Nations Relief and Works Agency, notwithstanding any other provision of law.“
  • Restrictions/conditions/etc: Sec. 309 – lengthy (309a – 309h) oversight/conditions/limitations/reporting requirements applying to any funds that might be used for Palestinians.

Amendments in the House Rules Committee

HR 8024 was, unsurprisingly, the target of a long list of amendments (84), a very high percentage of which are focused on sticking it to the Palestinians (West Bank and Gaza), including by barring humanitarian aid, barring aid for Gaza, and targeting UNRWA. Others are focused on giving even more funds/weapons to Israel, removing even the minimal rules that apply to all such assistance, and more. Reading all the amendments, one is reminded, powerfully, that for many members of Congress, “pro-Israel” equates to deliberate cruelty to Palestinians. The Rule passed by the Rules Committee, and adopted by the House on 4/19/24, includes a “closed rule” on HR 8024, meaning that NO amendments will be considered on the House floor.

B) Targeting Iran et al, and also TikTok: The package of emergency aid bills includes a “sidecar” [aka, a grab-bag of bill containing various bits of legislation that are unrelated to the subject matter of the overall package, but that will now be carried through to passage by being included in this package], in the form of HR 8038, “To authorize the President to impose certain sanctions with respect to Russia and Iran, and for other purposes”, aka, the “‘21st Century Peace through Strength Act.” Among other things, this bill includes slightly amended versions of pending legislation to ban TikTok if China doesn’t sell it stake in the app (HR 7520 & HR 7521). It also includes the following pieces of legislation related to Iran/Hamas/Hizballah etc:

  • HR 3774 / S. 1829: “A bill to impose sanctions with respect to persons engaged in the import of petroleum from the Islamic Republic of Iran, and for other purposes,” aka the “Stop Harboring Iranian Petroleum Act” (SHIP Act) (an AIPAC lobbying priority);
  • HR 3152: the “Fight and Combat Rampant Iranian Missile Exports Act ” aka the “Fight CRIME Act”), “To impose sanctions with respect to countries, individuals, and entities that engage in any effort to acquire, possess, develop, transport, transfer, or deploy Iranian missiles and related goods and technology, including materials and equipment, and for other purposes.”  (an AIPAC lobbying priority) – combined with provisions taken from HR 6089, the “Stop Iranian Drones Act”
  • HR 589 / S. 2626: “To impose sanctions on the Supreme Leader of Iran and the President of Iran and their respective offices for human rights abuses and support for terrorism,” aka, the “MAHSA Act.”
  • HR 340: “To impose sanctions with respect to foreign support for terrorist organizations, including Hamas and the Palestinian Islamic Jihad.” Note that this version of HR 340 (similar to the version originally introduced, though not identical language) includes language exempting “the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes” and includes (limited) authority for the president to waive sanctions on the ground of “vital” U.S. national security interests.
  • HR 6603: “To apply foreign-direct product rules to Iran,” aka, the “No Technology for Terror Act.” (Passed by the House 4/16/24 under suspension of the rules by a vote of 406-19.)
  • HR 5917:  “To amend the Sanctioning the Use of Civilians as Defenseless Shields Act to modify and extend that Act, and for other purposes.” (Passed by the House 4/16/24 under suspension of the rules by a vote of 419-4.)
  • HR 4681: “To provide for the imposition of sanctions with respect to illicit captagon trafficking,” aka, the “Illicit Captagon Trafficking Suppression Act.” (Passed by the House 4/16/24 under suspension of the rules by a vote of 410-13.)
  • HR 6322, the “End Financing to Hamas and State Sponsors of Terrorism Act”
  •  HR 6245, the “Holding Iranian Leaders Accountable Act.”
  • HR 5923, the “Iran-China Energy Sanctions Act of 2023.” (Passed by the House 4/15/24 under suspension of the rules by a vote of 383 – 11.)

Statements & Media

 

3. Letters

 

4. Hearings & Markups

April 16, 2024: The Senate Foreign Relations Committee held a business meeting to consider a long list of State Department nominations, as well as to markup a number of bills, including:

April 17, 2024: The House Un-American Activities Committee — sorry, the House Education and Workforce Committee– held a kangaroo-court-style show trial–sorry, hearing–entitled, Columbia in Crisis: Columbia University’s Response to Antisemitism. Witnesses were: Dr. Nemat “Minouche” Shafik, President, Columbia University (statement); Professor David M. Schizer, Dean Emeritus and Harvey R. Miller Professor of Law and Economics, Columbia Law School (statement); Ms. Claire Shipman, Board of Trustees Co-Chair, Columbia University (statement); and Mr. David Greenwald, Board of Trustees Co-Chair, Columbia University (statement). All Americans should watch the video and see for themselves what went on.  I’ll just say: this committee has made clear its intent to attack/undermine what it sees as the scourge of “liberal” higher education, and has made clear that it weapon of choice in the service of this goal is “fighting antisemitism,” defined to mean targeting free speech/protest/ideas critical of Israel and/or Zionism. With that in mind, witnesses at this show trial (sorry, hearing) apparently thought they could avoid being publicly drawn and quartered by the Committee — the way their colleagues from other universities were in the previous show trial (sorry, hearing) — by pandering to and placating the Committee at every turn – a strategy that in practice only egged the committee on (and notably, hours after the hearing ended, Chairwoman Foxx (R-NC) issued a press release making clear that she is by no means done going after Columbia).  If you don’t have time or patience to watch the whole video, I’d suggest at a minimum checking out this exchange (starting at 1:27 in the video, transcript below), which embodies well the ideological tilt and tone of this farce of a trial (sorry, farce of a hearing). Likewise, it showcases the almost comical degree of pandering the witnesses engaged in — indeed, watching this show trial (sorry, hearing) as a whole, one is left with the impression that there was (literally) NOTHING the members of Congress could have asserted or suggested that would have produced a response from any of the witnesses that did not boil down to some of “you make an excellent point congressman” or “I agree completely congresswoman,” or even,  “I could not agree with the Committee more and I will happily set up the stockades myself in the center of campus, and invite you all to join me and a crowd of enraged bible-waving Americans, protected by New York City’s finest, as we all throw stones, over-ripe fruit and rotten eggs at our students and faculty“.

Allen (R-GA): ...are you familiar with Genesis 12:3?

Shafik: Probably not as well as you are Congressman.

Allen: Well, it’s pretty clear it was the Covenant that God made with Abraham, and that Covenant was real clear: if you bless Israel I will bless you, if you curse Israel I will curse you. And then in the New Testament it was confirmed that all nations would be blessed through you. So, you you do not know about that?

Shafik: I have heard that. Now that you’ve explained it, yes, I have heard that before.

Allen: It’s now familiar. Do you consider that a serious issue? I mean do you want Colombia University to be cursed by God of the Bible?

Shafik: Definitely not.

Allen: Okay, well that’s good. So here here here’s the deal. We got free freedom of speech in this country and freedom of religion. Yet we also have Moses, looking down on the entire body of Congress, who gave us the law which, uh–most of our laws were made and are supposed to be enforced, came from the original Law. And what we have today is a lawless land. We have lawless universities that are overrun by people who are threatening to kill other students, who are attacking other students and creating fear in this country. And we have a Constitution that that that requires us to treat other folks as we would like to be treated, which is also in the New Testament. I mean, maybe you should have a course and, you know, you don’t have to believe it, but you know the Bible is an incredible book. There’s a lot of history there and you don’t have to believe it, but you need to know what’s in there. Maybe you should have a course suggested for those who are having problems with all of this on the Bible and what’s in the Bible and kind of what well will happen if, you know, under the wrath of God? I mean we have above the American flag in our chamber “in God we trust” –  I mean what God is that–do you understand why we’re here? This is a serious issue. Would any of the other board [other [people on the panel] care to — what do you know about this issue and and and and and how do you feel about it? I mean what are your feelings on what young people are being indoctrinated by these professors to believe this stuff and they have no idea that they’re going to be cursed by God, the god of the Bible, and the god over our flag. What are your thoughts?

Shipman: Congressman,  my thoughts are that you are right that we have a moral crisis on our campus and I find –as I’ve said, you’re probably tired of hearing it–I find the behavior of some of our students, some of our faculty unacceptable. And I think we have a variety of tools to deal with it. We have to be able to have rules that make sense. We have to be able to enforce them because people learn from consequences. We have to have order. And then we need deep anti-Semitism training as we heard the congresswoman…This is essential. We must train people and what what this…

Allen: I’m just about out of time is and you need to know, also, education is important. Knowledge is important. But the beginning of wisdom is the fear of God.

Also see:

April 17, 2024: The House Foreign Affairs Committee’s Subcommittees on the Middle East, North Africa, and Central Asia and Europe held a hearing entitled, “The Despotic Duo: Russo-Iranian Cooperation and Threats to U.S. Interests.” Witnesses–representing a spectrum of like-minded hardline pro-Israel organizations–were: Behnam Ben Taleblu (FDD – statement); Gabriel Noronha (JINSA – statement); and Dana L. Stroul (WINEP – statement). Also see: hearing video
Potential hearing alert (nothing on the schedule yet): New York Times 4/12/24 – 2 School Districts to Testify as Congress Expands Antisemitism Inquiry [“The leaders of public schools in New York City and Montgomery County, Md., will testify about how their districts are handling antisemitism before a congressional committee next month. It will be the first time that K-12 districts have taken center stage in the House hearings focused on how schools are responding to a wave of student protests since Hamas’s attacks against Israel on Oct. 7. At least one other district was also invited to attend the hearing on May 8, according to the New York City schools chancellor, David C. Banks, who will be testifying. A spokesman for the House Committee on Education and the Workforce confirmed that the two districts were asked to attend the hearing, but did not identify any others. The earlier congressional hearings helped trigger the resignations of the presidents of Harvard and the University of Pennsylvania. Columbia University’s president is appearing before a congressional committee next week. Now, representatives appear to be expanding their scope beyond higher education. The inquiry next month will offer a window into how the tensions on American college campuses are also stirring painful debates in public school communities…”]

4. Selected Media & Press releases/statements

Politics & Elex
Iran Retaliatory Attack Against Israel
Concern with Israel’s Actions in Gaza
  • Scott (D-VA) 4/12/24: “I remain supportive of Israel’s right to defend themselves and their efforts to defeat Hamas. However, as President Biden has repeatedly said, this must be done in accordance with international law, which includes minimizing civilian casualties to the greatest extent possible. I am disturbed by continued reports of heavy losses of Palestinian civilian lives in the ongoing Israel-Hamas war and the recent Israeli airstrike that killed seven World Central Kitchen aid workers last week. Prime Minister Netanyahu and the Israeli government cannot continue on their current course. I reiterate my support of President Biden’s calls for an immediate ceasefire and the release of all hostages. Hamas’ disregard for Palestinian civilian life does not absolve the Israeli government of their responsibilities. With so many Palestinians now forcibly displaced and facing acute and widespread food insecurity, there must be an immediate and lasting change. The attack on the World Central Kitchen humanitarian aid convoy underscores questions about whether Non-Governmental Organizations and international organizations are able to facilitate reliable aid safely. Soldiers from the Army’s 7th Transportation Brigade out of Joint Base Langley-Eustis, in my congressional district, have been deployed to assist with the construction of a floating pier outside of Gaza to facilitate the delivery of humanitarian aid. I am proud of the men and women in uniform undertaking this mission. The United States must be able to trust that Israel is doing everything they can to provide safety to aid workers and military personnel conducting humanitarian missions. This change of course will be critical as we work towards a future where Hamas is defeated and can no longer terrorize Israelis and Gazans. It will also bolster our efforts to ensuring a lasting peace in the region, a two-state solution, and the safety and dignity of the Israeli and Palestinian people.”
Targeting Palestinians, Protest, and Free Speech

Other stuff

1. Bills, Resolutions
2. Letters
3. Hearings & Markups
4. Selected Media & Press releases/Statements

New from FMEP:

  • 4/12/24: FMEP webinar, RESIGNED: The Former Biden Admin Officials Who Left Their Jobs Over Gaza, ft. Tariq Habash, former official at the U.S. Department of Education, Josh Paul, former official at the U.S. Department of State, and Annelle Sheline, former official at the  U.S. Department of State, in conversation with FMEP Fellow Rania Batrice [starting at 2pm EST 4/12/24]
  • 4/5/24: New episode of FMEP’s Occupied Thoughts podcast, “Incitement, Displacement, Destruction, Willful Flouting of International Law”: Israel’s Assault on Al Shifa Hospital, ft. 2023 FMEP Fellow Dr. Yara Asi in conversation with FMEP’s Dr. Sarah Anne Minkin to discuss Israel’s March 2024 attack on Al Shifa hospital, the largest and most important medical center in Gaza, known as the heart of the healthcare system in the Gaza Strip.

 

1. Bills & Resolutions

(ENFORCING IHRA DEFINITION OF ANTISEMITISM ACROSS THE WHOLE-OF-GOVT) S. 4091/HR 7921 (bill text): Introduced in the Senate 4/9/24 by Rosen (D-NV) and Lankford (R-OK), and in the House 4/10/24 by Manning (R-NC) and Smith (R-NJ), the “Combating Antisemitism Act.” In the Senate referred to the Committee on the Judiciary; in the House referred to the Committees on the Judiciary, Education and the Workforce, Homeland Security, Oversight and Accountability, and Transportation and Infrastructure. Also see: Senate press release – Rosen, Lankford, Manning, Smith Introduce Comprehensive Bipartisan Bill to Take Historic Action to Counter Antisemitism in the U.S. & House press release – Manning, Smith, Rosen, Lankford Introduce Comprehensive Bipartisan Bill to Take Historic Action to Counter Antisemitism in the U.S. The press releases include statements of support/endorsement from the ADL, AJC, Conference of Presidents of Major Jewish Organizations; in addition, groups endorsing and/or lobbying in support of the legislation include: the ADL (statement, action alert), AJC (statement, action alert), JFNA, World Jewish Congress, and the Nexus Project.

Notably, this extraordinarily far-reaching bipartisan, bicameral legislation, which would impact every Federal agency and beyond, and which is framed as an effort to support implementation of Biden’s antisemitism strategy, in actuality centers on legislating & enforcing the IHRA definition of antisemitism — in direct contradiction to the Biden Administration’s decision to NOT center/endorse/enforce the IHRA definition of antisemitism as part of its antisemitism strategy:

  • It includes an overarching Sense of Congress that the IHRA definition of antisemitism (cited by name) “should be utilized by Federal, State, and 20 local agencies” [it does not mention the IHRA definition’s examples but IHRA backers consistently interpret any mention of the IHRA definition as implicitly including the examples].
  • It includes an overarching statement defining antisemitism according to the definition included “in section 3 of the 25 Never Again Education Act (36 U.S.C. 2301 note)” — which is, in fact, the text of the IHRA definition (without mentioning its source and without listing its examples).
  • It defines “relevant agencies” that, under this legislation, would be expected to use/enforce the IHRA definition, to include the, FBI and DOJ (for all those who keep insisting that the IHRA definition is “not legally-binding”)
  • It requires a report to Congress on online antisemitism — as defined per the Sense of Congress, by the IHRA definition — and recommendations for how Congress can fight it — a report that will be used to legitimize and fuel online censorship of criticism of Israel/Zionism, especially on social media (consistent with the longstanding efforts of many of the groups backing this legislation).
  • It includes a lengthy section entitled “Countering Antisemitic Discrimination in Higher Education.” This section is devoted to weaponizing Trump’s Executive Order on Combating Antisemitism. As a reminder, that EO centers on enforcing the IHRA definition, including its examples, as part of Title VI, as a means of repressing/punishing/chilling criticism and activism targeting Israel and/or Zionism on U.S. campuses. In effect, this bill in general, and this section in particular, would pour gasoline on the fire that has already been set by congressional Republicans as they target US universities, as well as on the fire that has been set by lawfare actors waging all-out warfare with lawsuits and Title VI complaints against US campuses for failing to repress and punish pro-Palestinian activism (see table tracking these efforts)
  • My twitter thread laying out this analysis is here.
  • With respect to backing of this legislation from some groups that in theory have stood against the conflation of criticism of Israel with antisemitism — who are now arguing that S. 4091/HR 7921 should be supported because the alternatives are much worse, this brings to mind a favorite saying of US policymakers: “don’t make the perfect the enemy of the good” — a phrase I learned when I worked at the State Department, that was invoked exclusively when the US was doing something that clearly violated its own stated values or positions.
  • Also see media coverage — all of which, either out of laziness/ignorance or deliberate political spin — basically repeat the press releases issued in support of these bills, rather than offering any analysis of what is really going on here; though to be fair, the text of the bill was not widely circulating this week, suggesting that much media reporting was, indeed, relying totally on the press releases, rather than bothering to insist on reading/analyzing the actual bill text —  NBC, CNN, Jerusalem Post, Jewish Insider

(LEGISLATING THE IHRA DEFINITION) HR 7945 (bill text): Introduced 4/11/24 by D’Esposito (R-NY) and 3 cosponsors (all Republicans), “To provide a definition of antisemitism for the enforcement of covered civil rights laws,” aka, the “the Define to Defeat Act.” Referred to the Committees on the Judiciary, Oversight and Accountability, and Education and the Workforce. Also see: press release – Congressman D’Esposito Introduces Define to Defeat Act, Bringing Clarity to Legal Definition of Antisemitism; New York Congressman introduces bill to federally apply IHRA definition of antisemitism (Jerusalem Post 4/11/24). This bill would mandate that the “legally non-binding” IHRA definition of antisemitism — including its examples — be used (a) in any anti-discrimination training and education materials or modules made available by any federal departments or agencies; (b) in instructions to the jury in any Federal criminal or civil action that involves [allegations of] antisemitism; (c) “In reviewing, investigating, or deciding whether there has been a violation of a covered civil rights law on the basis of race, religion, color, ethnicity, or national origin, based on an individual’s actual or perceived connection to an aspect of Jewish identity, each Federal department and agency conducting such review or investigation or making such decision shall take into consideration whether the potential violation was motivated, in whole or in part, by antisemitism.” NOTE: see my pinned tweet — “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.’“ NOTE: the introduction of this bill has potential implications for S. 4091/HR 7921 (discussed above), including: (Scenario 1) House Republicans seek to merge HR 7945 with HR 7921, in effect replacing what some (inaccurately) see as HR 7921’s “soft” legislating of the IHRA definition with HR 7945’s explicit legislating of the IHRA definition (as a reminder, Indiana’s governor recently VETOED a bill legislating the text of the IHRA definition because the bill did not explicitly cite IHRA as the source and did not explicitly include IHRA’s examples); and (Scenario 2) Backers of S 4091/HR 7921 use HR 7921 as an argument for why their bill should be widely embraced as the reasonable approach vs HR 7945’s seemingly harder-line framing.

(NO PRESSURE ON ISRAEL!) H. Res. 1117: Introduced 4/10/24 by Salazar (R-FL) and 26 cosponsors (all Republicans), “Opposing efforts to place one-sided pressure on Israel with respect to Gaza.” This resolution was brought to the Rules Committee 4/9/24 en route to the House floor — see Rules Committee Chairman Cole’s (R-OK) statement on the resolution. Also see amendment offered by Ogles (R-TN), seeking to replace the term “one-sided” wherever it appears in the resolution with “any” — that is, saying out loud the quiet part of this resolution, which is that backers oppose any US pressure on Israel.  Also see: statement from Americans for Peace Now laying out objections to the resolution, including:  “House Republicans are again using straw-man arguments to make a show of support for the Netanyahu government. The Hamas attack on October 7 was horrific and there is and can be no rationale to defend it. And Israel is and was entitled to self-defense. Neither President Biden nor anyone in the administration has ever suggested otherwise.”; House to vote on resolution against ‘efforts to place one-sided pressure on Israel with respect to Gaza’ [“The resolution criticizes the U.S. president’s recent call with the Israeli prime minister and a U.N. Security Council vote, which passed when Washington held its veto and abstained.“] (Jewish News Syndicate 4/8/24); House Republicans to bring resolution supporting Israel to vote (Jerusalem Post 4/10/24). On 4/10/24, House leadership sought to bring H. Res. 1117 and a group of other bills/resolutions to the House floor for a vote, which required first bringing to the floor H. Res. 1125, the Rule passed by the Rules committee providing for floor consideration of the various measures. That resolution was defeated by a vote of 193-228 (no Democrats voted yes, and 19 Republicans joined Democrats in voting no), preventing further floor action on the measures (for the time being at least)

(DEFENDING ISRAEL’S RIGHT TO DO ANYTHING IT WANTS IN THE NAME OF ‘SELF-DEFENSE) S. Res. XXX (resolution text): On 4/9/24, Sen. Lankford issued a press release announcing that he was joining with Sen. Scott (R-SC) in introducing this resolution, “Expressing the sense of the Senate that Israel has the inherent right to defend itself and take necessary steps to eradicate the terrorist threat posed by Hamas.” [Not in the Congressional Record as of 4/12/24]

(TARGETING QATAR) S. 4093 (bill text): Introduced 4/10/24 by Budd (R-NC) and 2 Republican co-sponsors, “A bill to review and consider terminating the designation of the State of Qatar as a major non-NATO ally, and for other purposes,” aka the Reviewing Qatar’s Major Non- NATO Ally Status Act.” Referred to the Committee on Foreign Relations. Also see: Budd’s 4/9/24 press release: “…The bill would require the Secretary of State to certify the following: It is in the national interest of the United States for Qatar to maintain its designation as a major non-NATO ally; Qatar has exerted any and all leverage it has over Hamas to secure the release of United States hostages from Gaza; Qatar does not directly or indirectly support, financially or otherwise, acts of international terrorism or foreign terrorist organizations, including Hamas; and Qatar has expelled or agreed to extradite to the United States any individuals determined to be members of Hamas, including Ismail Haniyeh,  Khalil al-Hayya, Khaled Mashal, and any other individuals bearing responsibility for the terror attack on October 7, 2023.  If the Secretary of State cannot make this certification in good faith, then the President is required to immediately terminate the designation of the State of Qatar as a major non-NATO ally.” Also see: Senate Republicans push bill that could revoke Qatar’s major non-NATO ally status (Jewish Insider 4/10/24)

(TARGETING “POPULAR RESISTANCE COMMITTEES IN GAZA & LION’S DEN IN WEST BANK) HR 7914 (bill text): Introduced 4/9/24 by Sherman (D-CA) and 3 bipartisan cosponsors, the “Accountability for Terrorist Perpetrators of October 7th Act.”  Sherman press release – Sherman, Kustoff, McCaul, and Schneider Introduce “Accountability for Terrorist Perpetrators of October 7th Act” Targeting Shadow Gaza Militant Group. Also see: House members propose sanctions on “under the radar” Gaza militant group (Axios 4/9/24); Bipartisan House bill seeks to formally designate third-largest Gaza terror group (Jewish News Syndicate 4/9/24)

(BLOCKING IRAN DIPLOMACY) HR 7950 (bill text): Introduced 4/11/24 by Good (R-VA) and 4 cosponsors (all Republicans), the “Iran China Accountability Act of 2024.’’ Referred to the Committee on Foreign Affairs. Also see: House Bill Would Bar Biden Admin From Spending Taxpayer Dollars on Diplomacy To Advance Iran Nuclear Deal –Rep. Bob Good proposes bill to block Iran diplomacy until it severs cash ties to China and ends Hamas support (Free Beacon 4/11/24)

(SUPPORTING FUNDING FOR NON-PROFIT SECURITY GRANTS -NSG) H. Res. 1114: Introduced 4/6/24 by Gottheimer (D-NJ), “Denouncing the rise of Islamophobia and antisemitism across the country.” Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce. The resolution includes “whereas” clauses specifically noting the murder of 6-year-old Palestinian American Wadee Alfayoumi, the shooting in Vermont of  three Palestinian-American college students Hisham Awartani, Kinnan Abdalhamid,, and Tahseen Ali Ahma; and the death of Paul Kessler, who died from injuries sustained at an Israel rally “during an altercation between protesters and counterprotesters.” The resolution goes on to note the rise in hate crimes, etc, and resolves that: “(1) all have the freedom to express their race, ethnicity, and religion in whatever way they believe; (2) the rise in hate crimes, Islamophobia, and antisemitism is unacceptable and cannot be tolerated; (3) social media companies and executives must do more to counter and limit the propaganda and violent rhetoric expressed across their platforms; and (4) nonprofit security grants are crucial to protect and ensure houses of worship and other nonprofit institutions have the security and resources they need.” Also see: RELEASE: Gottheimer Resolution Denounces Rise of Antisemitism and Islamophobia Across the Nation

(ONE TO WATCH): S. 4106: Introduced 4/10/24 by Ernst (R-IA) and 6 cosponsors (all Republicans, “A bill to affirm and protect the First Amendment rights of students and student organizations at public institutions of higher education.”  Referred to the Committee on Health, Education, Labor, and Pensions.

 

2. Letters

[SUPPORTING HUMANITARIAN AID FOR GAZA] 4/11/24: Congressman Carter Restates Support for Humanitarian Aid in Gaza [letter text]. “Today, Congressman Troy A. Carter, Sr. (D-LA) led 13 Members of Congress in sending a letter to President Biden, reiterating their support for humanitarian aid during the crisis in the Middle East.”

[TARGETING ACADEMIA, AGAIN] 4/11/24: Stefanik Demands Accountability from Harvard for Failing to Reprimand Antisemitic Students who Assaulted Jewish Student [letter text]. Also see: Stefanik Blasts Harvard for Failure to Discipline Students Who Allegedly Assaulted Israeli Classmate (National Review 4/11/24)

[SUPPORTING HUMANITARIAN AID THAT ENABLES CONTINUED ISRAELI ACTIONS IN GAZA] 4/11/24: Meng, Pappas, and Schneider Lead Letter Supporting Cyprus-Led Maritime Humanitarian Aid Corridor  [letter text] [“Today, U.S. Reps. Grace Meng (D-NY), Chris Pappas (D-NH), and Brad Schneider (D-IL), leaders in the Congressional Hellenic Caucus, Congressional Hellenic Israel Alliance, and Abraham Accords Caucus, led a bipartisan letter to Secretary of State Antony Blinken and National Security Advisor Jake Sullivan expressing support for the Cyprus-led Amalthea maritime humanitarian corridor to increase the amount of humanitarian aid reaching Palestinian civilians in Gaza, as well as continued efforts to reach an agreement between Israel and Hamas to release remaining hostages in exchange for a temporary pause in fighting.”]

[TARGETING QATAR] 4/8/24: Comer Threatens to Subpoena Documents About DOJ’s Failure to Enforce TikTok and Al Jazeera’s FARA Compliance [text of  letter to US Attorney General from House Oversight & Accountability Committee]. Excerpt: “Al Jazeera journalists are increasingly being linked to Hamas-backed attacks, and Qatar has reportedly hosted a Hamas headquarters in Doha, paying the terrorist group $30 million per month since 2018.” Qatar’s embassy in Washington, DC responded with an X-post: “…Qatar does not pay Hamas. In full coordination with the Government of Israel, Qatar has contributed humanitarian assistance in Gaza since 2018. This assistance takes two forms: 1. Since 2018, Qatar funded fuel purchases from Israel to supply a Gaza power station to generate electricity in Gaza, under the supervision of the United Nations Office of Project Services. The Israeli Government controlled all fuel transfers at the Gaza border. 2. Since August 2021, Qatar funded a project administered by the World Food Programme to provide $100 per month to the poorest families in Gaza. The Israeli Government maintained oversight over the list of recipients. Notably, Qatar did not administer the distribution of this assistance, which was the responsibility of the United Nations and the World Food Programme, under the supervision of the State of Israel. Israel encouraged and strongly supported Qatar’s contributions...” Also see: Documents show Israel sought, valued Qatari aid for Gaza in years leading to Oct. 7 (Times of Israel 3/24/24); TikTok Foreign Agent Designation Pressed by Key House Republican (Bloomberg 4/8/24)

[WORK FOR RELEASE OF MY DEAR FRIEND ELIZABETH TSURKOV, KIDNAPPED IN IRAQ] 4/8/24: Rep. Raskin Leads Letter to Biden Administration Urging Continued Negotiation for Release of PhD Candidate Kidnapped in Iraq [letter text not posted] Also see: Lawmakers urge Biden to help free Princeton researcher kidnapped in Iraq (Al-Monitor 4/8/24); US lawmakers press White House to secure release of Israeli researcher kidnapped in Iraq (Times of Israel 4/9/24)

[WITHHOLD WEAPONS FOR ISRAEL] 4/5/24: Pocan, McGovern, Schakowsky Urge Biden, Blinken to Withhold Weapons Transfers After Humanitarian Aid Workers Killed [letter text] — 56 signers as of 4/8/24. Also see: Israel, Ukraine aid unclear as growing number of Dems oppose Israel aid (Jewish Insider 4/8/24); Pelosi joins US Democrats call for Biden to halt arms transfer to Israel (Al Jazeera 4/6/24); Pelosi joins call by 37 Democrats for Biden to halt transfer of US weapons to Israel (Times of Israel 4/6/24); Democratic Congressional calls to halt arms sales to Israel picks up steam  (Jerusalem Post 4/10/24)

[TARGETING WORLD VISION] 4/5/24: Grassley letter to World Vision President/CEO demanding “an unredacted copy of the forensic audit and investigation of World Vision’s Gaza operation” in connection with Israel’s conviction of a World Vision employee, Muhammed Halabi, of funneling World Vision funds to Hamas. Reminder: World Vision’s investigation “found no evidence of diversion of funds and no material evidence that El Halabi was part of or working for Hamas.” Israel arrested Halabi in 2016 and held him in jail for SIX YEARS before convicting him in what Amnesty International deemed “deeply flawed proceedings” and sentencing him to an additional 12 years in jail. Amnesty International, which categorizes Halabi as a prisoner of conscience, notes: “Mohammed was tried in secret hearings, during which the Beersheba District Court completely disregarded abundant evidence clearing him of any wrongdoing. His conviction was largely based on the testimony of a prisoner informant who had previously been found guilty of perjury, as well as so-called ‘secret evidence’ which neither Mohammed nor his lawyer were allowed to access. Israeli authorities have failed to investigate Mohammed al-Halabi’s 2018 complaint of torture and other ill-treatment while under interrogation by the Shabak. In a demonstration of personal integrity and resilience, Mohammed refused numerous plea bargain offers which would have given him a commuted sentence in exchange for ‘confessing’ to charges which he vehemently denies.”

[ADL URGES APPROPRIATORS TO FUND PRIORITIES, INCL ENFORCING IHRA DEFINITION ON US CAMPUSES] 4/4/24: ADL Letter to Members of the U.S. House of Representatives and the U.S. Senate regarding Fiscal Year 2025 Appropriations

 

3. Hearings & Markups

Part 1: Samantha Power on the Hot Seat — This week USAID Director Samantha Power testified multiple times in hearings in both the House and Senate. These hearings were ostensibly about USAID’s 2025 budget request, but in actual fact they were occasions for members of the House and Senate to either attack or defend the Biden Administration’s foreign policies. Unsurprisingly, this included a whole lotta focus on Israel, Gaza, and UNRWA. Information about and highlights of those hearings are included below; for more details, watch the hearings for yourself, or in the few cases where the committee was nice enough to activate the “transcript” feature on YouTube, you can read that – but beware of transcription errors (like YouTube consistently transcribing “UNRWA” and “unra”).
April 9, 2024: The Senate Appropriations Committee’s Subcommittee on State and Foreign Operations held a hearing entitled, A Review of the President’s Fiscal Year 2025 Budget Request for the U.S. Agency for International Development. The sole witness was USAID Administrator Samantha Power (testimony). Also see: hearing video; Murry (D-WA) press release – At Hearing on USAID Budget, Senator Murray Discusses Importance of Our Investments in International Development—and of Urgently Getting More Aid into Gaza;
April 10, 2024: The Senate Foreign Relations Committee held a hearing entitled, “FY2025 United States Agency for International Development Budget Request.” The sole witness was USAID Administrator Samantha Power (testimony not posted).  Also see: Hearing video; Risch (R-ID) opening statement; Durbin (D-IL) press release – Durbin Questions USAID Administrator Powers on Delivery of Humanitarian Aid to Gaza [video]
April 10, 2024: The House Foreign Affairs Committee held a hearing entitled, “USAID’s Foreign Policy and International Development Priorities in the Era of Great Power Competition.” The sole witness was USAID Administrator Samantha Power (statement). Also see video plus a full transcript is available on YouTube. Also see McCaul (R-TX) press release – Chairman McCaul Delivers Remarks at Hearing with USAID Administrator Power
April 11, 2024: The House Appropriations Committee’s Subcommittee on State and Foreign Operations held a hearing entitled, “Budget Hearing – Fiscal Year 2025 Request for the United States Agency for International Development.” The sole witness was USAID Administrator Samantha Power (statement). Also see: hearing video; Diaz-Balart Remarks at FY25 Budget Hearing For The United States Agency For International Development (As Prepared); Ranking Member DeLauro Statement at Fiscal Year 2025 Budget Request for the United States Agency for International Development
Selected media related to these hearings:
Part 2: Other Hearings
April 9, 2024: The Senate Armed Services Committee held a hearing entitled, To receive testimony on the Department of Defense budget request for Fiscal Year 2025 and the Future Years Defense Program. Witnesses were: Defense Secretary Lloyd Austin (statement);Under Secretary of Defense (Comptroller) Michael McCord (no writtent statement available); and Chairman of the Joint Chiefs of Staff General Charles Q. Brown, Jr. (statement). Also see:
April 9, 2024: The Senate Banking Committee held a hearing entitled, An Update from the Treasury Department: Countering Illicit Finance, Terrorism and Sanctions Evasion. The sole witness was Department of Treasury Deputy Secretary Adewale O. Adeyemo (statement – including discussion of Hamas). Also see: opening statements from Brown (D-OH) and Scott (R-SC); hearing video; Treasury’s Wally Adeyemo: Legislation needed to cut off Iran, Hamas crypto pipeline (Jewish Insider 4/10/24)
April 10, 2024: The House Foreign Affairs Committee’s Subcommittee on Global Health, Global Human Rights and International Organizations held a hearing entitled, The Chinese Communist Party’s Malign Influence at the United Nations — It’s Getting Worse. This hearing in theory had nothing to do with issues covered by the Round-Up, and yet… Chairman Smith raised the US decisions to withdraw UNESCO funding (due to the admission of the Palestinians) and to launch a lengthy attack on UNRWA — because of course he did [see hearing video, 1:41:28 – 1:43:49]. Manning (R-NC) followed up with her own attack in UNRWA — because of course she did (2:00:21 – 2:02:29 in the video), followed by pandering responses from the panel of witnesses, including: Former Deputy Assistant Secretary of State for International Organization Affairs Suzanne Nossel in effect speaking out in support of shifting US funding for Palestinians to another UN agency; and Victims of Communism Memorial Foundation President Ambassador Andrew Bremberg weighing in (with snark/sarcasm) appearing to suggest that UNRWA should have been defunded and disbanded years ago.
April 11, 2024: The House Appropriations Committee’s Subcommittee on Commerce, Justice, Science, and Related Agencies held a hearing entitled, “Budget Hearing – Fiscal Year 2025 Request for the Federal Bureau of Investigation.” The sole witness was FBI Director Christopher Wray (statement).  In his statement, Wray commented: “While we assist our Israeli colleagues and we understand the global implications of the ongoing conflict in Israel, we are paying heightened attention to how the events abroad could directly affect and inspire people to commit violence here in the Homeland. Terrorist organizations worldwide, as well as individuals attracted to violence, have praised Hamas’ horrific attack on Israeli civilians. We have seen violent extremists across ideologies seeking to target Jewish and Muslim people and institutions through physical assaults, bomb threats, and online calls for mass casualty attacks. Our top concern stems from lone offenders inspired by—or reacting to—the ongoing Israel-Hamas conflict, as they pose the most likely threat to Americans, especially Jewish, Muslim, and Arab-American communities in the United States. We have seen an increase in reported threats to Jewish and Muslim people, institutions, and houses of worship here in the United States and we are moving quickly to mitigate them, Presently, we have no information to indicate that Hamas has the intent or capability to conduct operations inside the United States, though we cannot, and do not, discount that possibility, but we are especially concerned about the possibility of Hamas supporters engaging in violence on the group’s behalf. As always, we are concerned with any FTO that may exploit the attacks in Israel as a tool to mobilize their followers around the world. In recent years, there have been several events and incidents in the United States that were purportedly motivated, at least in part, by the conflict between Israel and Hamas. These have included the targeting of individuals, houses of worship, and institutions associated with the Jewish and Muslim faiths with acts of physical assault, vandalism, or harassment. Anti-Semitism and anti-Islamic sentiment permeate many violent extremist ideologies and serve as a primary driver for attacks by a diverse set of violent extremists who pose a persistent threat to Jewish and Muslim communities and institutions in the United States and abroad. FTOs have exploited previous conflicts between Israel and Hamas via media outlets and online communications to call on their supporters located in the United States to conduct attacks. Some violent extremists have used times of heightened tensions to incite violence against religious minorities, targeting both Jewish and Muslim Americans. [emphasis added].“
April 16, 2024: The Senate Foreign Relations Committee will hold a business meeting to consider a long list of State Department nominations, as well as to markup a number of bills, including:
  • S. 1829, Stop Harboring Iranian Petroleum Act of 2023
  • S. 3874, Hamas and Palestinian Islamic Jihad International Terrorism Support Prevention Act of 2024
  • S. 2626, MAHSA Act [also see: In reversal, Senate Foreign Relations to take up MAHSA Act Iran sanctions (Jewish Insider 3/29/24)
  • S. 2336, Making Iran Sanctions Stick In Lieu of Expiration of Sanctions Act
  • S. Res. 505, A resolution condemning the use of sexual violence and rape as a weapon of war by the terrorist group Hamas against the people of Israel.
April 17, 2024: The House Education and Workforce Committee will hold a hearing entitled, Columbia in Crisis: Columbia University’s Response to Antisemitism. Witnesses (so far) will be: Dr. Nemat “Minouche” Shafik, President, Columbia University; Ms. Claire Shipman, Board of Trustees Co-Chair, Columbia University; and Mr. David Greenwald, Board of Trustees Co-Chair, Columbia University. Also see: Columbia University leaders to get grilled by Congress at antisemitism hearing (CNN 3/12/24); Columbia University leaders to testify before Congress on campus antisemitism (Jewish Insider 3/12/24); Columbia university president to testify about campus antisemitism (Jewish News Syndicate 3/13/24) NOTE: The decision by officials of Columbia University to voluntarily subject themselves to what will be another grandstanding, anti-academia witch hunt is just mind-boggling.  Truly. Though to get a sense in advance of how this hearing may go, Columbia student engaged in activism in support of Palestinian rights report this week that they are facing a crackdown at the hands of the Columbia University administration [also see: Four Columbia students suspended, evicted from University housing following unauthorized ‘Resistance 101’ event (Columbia Spectator 4/5/24); Columbia Suspends 6 Students Amid Crackdown on Palestinian Solidarity Activism (Democracy Now 4/5/24); Shafik confirms suspensions following ‘Resistance 101’ event as Columbia works to identify protest participants (Columbia Spectator 4/5/24)
April 17, 2024: The House Foreign Affairs Committee’s Subcommittees on the Middle East, North Africa, and Central Asia and Europe will convene a hearing entitled, “The Despotic Duo: Russo-Iranian Cooperation and Threats to U.S. Interests.” Witnesses–representing a spectrum of like-minded hardline pro-Israel organizations–will be: Behnam Ben Taleblu (FDD); Gabriel Noronha (JINSA); and Dana L. Stroul (WINEP).

4. Selected Media & Press releases/statements

Recess Travel

AIPAC website: House Republicans visit Israel with AIEF, including video testimonials from Israel recorded by 15 House Republicans – Yakim (R-IN), Ciscomani (R-AZ), Fitzgerald (R-WI), Langworthy (R-WI), Kiggans (R-VA), Maloy (R-UT), Chavez-DeRemer (R-OR – 2 videos), Burlison (R-MO), Kean (R-NJ), Strong (R-AL), Crane (R-AZ), Fry (R-SC), Alford (R-MO), Bean (R-FL), Van Orden (D-WI). Background on AIEF (from the 8/15/19 edition of the Round-Up):

What is AIEF & What is its Relationship with AIPAC?
On its (single page, no links) website, AIEF describes itself as “the charitable organization affiliated with AIPAC, America’s pro-Israel lobby.”  The website of The Adam and Gila Milstein Family Foundation (“MFF”) gives more details [that page has been taken down, but can still be viewed here], noting that AIEF both makes annual grants to directly to AIPAC for its programs and “funds educational seminars to Israel for members of Congress and other political influentials.” [For further fun reading about Adam Milstein’s activism and funding activities related to Israel, see here.]

Why is travel to Israel with AIEF, rather than AIPAC?
To understand why AIEF, rather than AIPAC, is at least nominally the organization taking members on these trips, see this excellent Roll Call article from 9/9/11 examining what (back in the post-Abramoff era, when Congress was clamping down on lobbying) was widely referred to on the Hill as the “Aipac loophole): Members Flock to Israel With Travel Loophole (a loophole which is exploited today by other groups as well). In a piece from 2014, the Atlantic further explained the AIEF-AIPAC relationship and this loophole:

“…the foundation hardly lacks an agenda. It shares staff, money, and an address with the American Israel Public Affairs Committee, the powerful pro-Israel group that employs a dozen lobbyists and spends more than $2 million annually on lobbying. As a lobbying organization, AIPAC itself isn’t allowed to plan and pay for congressional excursions abroad. Yet its shadow foundation has received the blessing of congressional ethics enforcers despite the fact that its 2011 tax filings spell out: “The foundation does not have any employees. The foundation utilizes AIPAC employees.” AIPAC even pays the $464,000 salary of Richard Fishman, the foundation’s executive director—the man who signs the congressional travel forms.”

So are these trips AIPAC trips?
By having AIEF act as the official funder and convener of these trips, legally AIPAC and others can claim that they are not, in fact, AIPAC trips. And while this technically may be accurate, members of Congress and staffers consistently refer to such travel, year after year, as “the AIPAC trip” – with regular conversation about who is going on the “AIPAC trip” and who went on the last “AIPAC trip,” and who people met with or where they stayed on the “AIPAC trip” – a fact noted in the Atlantic’s 2014 article: “‘Everyone understood it to be an AIPAC trip,’ said a freshman representative who joined last August’s excursion and was granted anonymity to speak candidly.’” Media likewise often seems to forget to make the distinction between AIPAC and AIEF (e.g., the Jerusalem Post 8/11/19: AIPAC bipartisan delegation to Israel meets Jewish, Arab entrepreneurs; Jewish Insider 6/14/19: AIPAC’s congressional trip to Israel leaves in August. Here’s who’s going).

Gottheimer (D-NJ) 4/6/24: Gottheimer Leads Official House Intelligence Committee Trip to Qatar and Egypt [“Meets with Senior Officials Negotiating Release of the Hostages. Highlights Importance of Bringing Hostages Home, Providing Humanitarian Aid, Crushing Hamas.“]

Politics/Elex

Concerns re Israel Actions in Gaza; possible consequences (gasp)

Israeli Government & the PA

Support Israel! Reject Critics/Criticism of or Any Pressure On Israel!

Marking 6-mos since 10/7/23

Supporting UNRWA

Targeting Academia/Free Speech

Other Stuff

 

1. Bills, Resolutions
2. Letters
3. Hearings & Markups
4. Selected Media & Press releases/Statements

ICYMI – 2 new reports of interest from the Congressional Research Service

 

1. Bills & Resolutions

(MORE US AID FOR/COOPERATION WITH ISRAEL) HR 7866 [bill text]: Introduced 4/2/24 by Wilson (R-SC) and 5 bipartisan cosponsors, “To amend the National Defense Authorization Act for Fiscal Year 2016 to improve cooperation between the United States and Israel on anti-tunnel defense capabilities” aka, the “United States-Israel Anti-Tunnel Cooperation Enhancement Act.” The bill would increase funding for anti-tunnel cooperation from $50 million (as currently approved) to $80 million. Referred to the Committee on Armed Services, and the Committee on Foreign Affairs. Also see: press release – Wilson, Gallego, Lamborn, Schneider, Bacon, Moulton Introduce United States-Israel Anti-Tunnel Cooperation Enhancement Act; media – Lawmakers call to nearly double U.S.-Israel anti-tunneling funding (Jewish Insider 4/3/24)

 

2. Letters

[BAR AID TO UNRWA IN GAZA & LEGISLATE IHRA DEFINITION IN SFOPS] This week Rep. Gottheimer was circulating a letter [letter text], addressed to House appropriations leaders, asking them to include in the FY25 SFOPS bill two new, politically extreme, provisions, analyzed in detail below. Also see:Hawkish Democrat Quietly Seeking To Extend U.S. Ban On U.N. Aid To Palestinians (Huffington Post 4/4/24)

The first would bar all funding for UNRWA activities in Gaza (and only Gaza), unless the Secretary of State certifies that “UNRWA has submitted to the Department of State all available identifying information of its employees, contractors, and beneficiaries and does not obligate funds to any employees, contractors, and beneficiaries until the Department confirms that such persons have cleared anti-terror vetting.” Some things to note:

  • UNRWA already provides the names of all employees for vetting [“…UNRWA shares the names, employee numbers, and functions of all staff members every year in all five areas of operations with the host authorities (Lebanon, Jordan, Syria, and the Palestinian Authority) and, for the West Bank, including East Jerusalem, and Gaza, with Israel as the occupying power.  This means that at all times, host states and Israel are fully informed and aware of the details of all staff members working for UNRWA. Other UN Member States also receive these lists upon request“]. Given this fact, which Gottheimer surely knows by now, it is clear that the actual point of this language is the NEW demand for anti-terror vetting of every beneficiary of UNWRA’s activities.
  • The demand that UNRWA obtain US clearance, in advance, for every single UNRWA beneficiary is totally impracticable. Technically/bureaucratically, it would force the US government to carry out anti-terror vetting at an unprecedented scale, requiring massive financial investment in new vetting capacity (and anyone who is familiar with the myriad problems with the name check/vetting systems used by the US government in the context of applications for US visas, in particular in connection with Arabic names, will immediately understand that the idea that the U.S. could do this vetting efficiently and accurately beggars disbelief).  On the UNRWA side, this demand would require advance vetting of every man, woman, and child served by UNRWA in Gaza before UNRWA could provide them food, medical care, etc. — amounting to more than 1 million people BEFORE the current war, with that number massively higher since the start of that war, as nearly the entire population of the Gaza Strip has become displaced and desperate. Implementing this requirement would force UNRWA to deny vital humanitarian assistance, including food and medical care, to anyone who has not been pre-cleared by the U.S. (including, for example, newborn babies who have not yet been submitted for vetting; sick and injured who have not been previously served by UNRWA).
  • Moreover, in the current circumstances of an ever-expanding humanitarian catastrophe of historic proportions in Gaza — in which more than 2 million people fall into 1 or more of the following categories: displaced (sometimes multiple times), homeless, injured, starving, sick, separated from family members, totally destitute with no belongings (including identity documents), orphaned, and of course the new category of people created by this war, “WCNSF,” which means “wounded child, no surviving family”; and which, even if the war ended today, will require urgent emergency humanitarian intervention for many years, given Israel’s mass destruction of homes, infrastructure, schools, medical facilities, agriculture, etc, and the desperate state of the entire population — this demand for anti-terror vetting of every single beneficiary of UNRWA humanitarian aid boils down to a permanent ban on UNRWA funding for Gaza, delivered with the legislative equivalent of snark and a nasty smirk.

The second provision offered by Gottheimer would bar US funding to, or in support of US participation with, any international organization that violates the IHRA’s non-legally binding working definition of antisemitism, “including holding the State of Israel to a double standard, declaring Zionism or the State of Israel to be racist, or accusing Zionism or Israel of apartheid.” With respect to this second provision:

  • There have been efforts to put the IHRA’s “non-legally binding” definition of antisemitism, and its very problematic examples, into U.S. law since 2016 (see this table tracking these efforts). All of these efforts have been rejected by Congress. Yet, with this language, it appears that Gottheimer is seeking to capitalize on anti-UNRWA attitudes to quietly slip the IHRA definition into law.
  • Where past efforts to legislate the IHRA definition have focused on U.S. academia, this provision would, in effect, make the conduct of US foreign policy and the provision of US foreign assistance — two activities that are central to the promotion and protection of US national security — subordinate to the goal of quashing criticism of Israel/Zionism. And the omission of a national security waiver underscores the fact that this is subordination is a feature, not a bug, of this effort. If this provision were to become law, it would almost certainly result in the cut-off of most if not all funding related to the UN, as well as making impossible US funding to or cooperation with almost any international humanitarian or aid groups (most of which have criticized Israel and Israeli policies/actions in ways that people like Gottheimer reject).
  • Finally, two notes about the examples Gottheimer provides with respect to what violates the IHRA definition. First, critics of the IHRA definition have long observed that the objective of those promoting the IHRA definition is NOT fighting antisemitism (i.e., hatred, prejudice, discriminiation, threats, violence targeting Jews because they are Jewish) but is instead the suppression and punishment of criticism of Israel and/or Zionism. With his list of 3 specific examples — all of which are exclusively focused on criticism of Israel/Zionism, Gottheimer makes clear that , ’s examples of what would be included under the IHRA definition go further than the actual (very problematic) examples that are part of the IHRA definition — Gottheimer has quite clearly confirmed the validity of this observation.  Second, anyone familiar with the IHRA definition will note that the examples included by Gottheimer in this provision actually go far beyond the (controversial) examples that are actually part of that definition. Indeed, looking at this text it appears that Gottheimer wants to use US law to make the IHRA definition even more strongly and more explicitly focused on defending Israel.

[AID FOR GAZA] 4/3/24: Warren, Merkley, Senators Call on Biden Administration to Supply Desperately Needed Medical Supplies to Gaza [letter text]. Also see: Senate Democrats press Biden to do more on Gaza ‘medical crisis’ (The Hill 4/4/24)

[IRAN SANCTIONS] 4/4/24: Following Release of Additional Iran Sanctions Waivers, Scott Leads Republicans in Demanding Transparency from Biden Administration [letter text]. Also see, Senate Republicans blast administration over latest Iran sanctions waiver (Jewish Insider 4/4/24); GOP Senators Demand White House Explain ‘Unfathomable’ Decision to Waive Iran Sanctions (Free Beacon 4/4/24)

[BORDER SECURITY] 4/3/24: Homeland Republicans Demand Answers on CBP’s Policy Regarding Apprehended Individuals on Terrorist Watchlist After Alarming Mayorkas Testimony [letter text] – excerpt: “The Committee is concerned with DHS’s current practices in processing and releasing known or suspected terrorists encountered at the Southwest border. This concern is amplified following the Federal Bureau of Investigation (FBI) Director Christopher Wray’s testimony before the Senate Intelligence Committee on March 11, 2024, where he stated that he is ‘very concerned’ about a human smuggling network with ties to the Islamic State of Iraq and Syria (ISIS).”

[CONDEMN HOUTHI TREATMENT OF LGBTQ+ PEOPLE] Gottheimer X-post 4/4/24 – “I’m leading a bipartisan letter to urge @uncsecgen Guterres to condemn the oppression and brutally murder of members of the LGBTQ+ community in Yemen. There is no place in our world for hate, persecution, and murder based solely on who someone loves.” [letter text, dated 4/2/24]. Also see: Gottheimer leads bipartisan letter to U.N. Secretary-General Guterres urging condemnation of Houthi treatment of LGBTQ+ people (WRNJ Radio 4/4/24); Lawmakers call on U.N. to condemn Houthi human rights abuses (Jewish Insider 4/3/24)

[AID FOR GAZA & MORE] 4/2/24: Multi-Member Letter to Speaker Johnson re Humanitarian Aid – Also see: Scoop: Johnson faces new pressure from Democrats on foreign aid (Axios 4/4/24). Excerpt from letter: ” In Gaza, where at least a quarter of the population faces an imminent risk of famine. The situation has grown so desperate that the United States has resorted to using air drops and construction of a temporary port to facilitate aid off the coast of Gaza to avert starvation— costly, unsustainable interventions that are less effective than on-the-ground distributions with trusted partners. We are now seeing documented cases of acutely malnourished children in Gaza succumbing to starvation, dehydration, and easily treatable diseases.” And also: ” In Lebanon, where 100,000 fewer Lebanese and 110,000 fewer Syrian refugees are projected to receive food assistance, despite growing needs.” And: “These populations and others around the globe face unimaginable hardship. Our responsibility to act is not just a moral one; it is also strategic: by abdicating this responsibility, our nation would allow unstable areas around the world to grow even more volatile—fueling threats to our security, as well as to the security and stability of our strategic allies and partners. We look forward to working with you to ensure that the United States meets these commitments around the world through urgently needed supplemental appropriations.”

[AID FOR GAZA] 4/2/24: Tuberville Questions Biden About Dangerous Gaza Pier Construction Plans [letter text]

[US DIPLOMACY WITH IRAQ IS ANTI-ISRAEL] 4/2/24: Sens. Rick Scott & Tom Cotton in Letter to Biden: Hosting Iraqi Prime Minister is Inappropriate, Undermines Israel [letter text]

[TARGETING AARON BUSHNELL FOR CARING ABOUT PALESTINIANS] 4/1/24: Van Orden Urges Secretary of Defense to Address Left-Wing Extremism in the Military [letter] – excerpt: “On February 25th, Aaron Bushnell, an active-duty member of the U.S. Air Force, broadcasted himself engaging in an act of self-immolation outside the Israeli Embassy here in Washington, D.C. Prior to committing this act, Aaron Bushnell repeatedly identified himself as an ‘anarchist.’ An ideology wholly incompatible with that of our constitutional republic and entirely inappropriate for a member of the United States Military who had taken an oath to defend it at all costs. This act, motivated by his stated desire to protest Israel in what he described as complicity in injustice, demonstrates the potential for ideologically driven behaviors to undermine the values, discipline, and safety of our military community, irrespective of the political orientation of those ideologies. Given your prior work in confronting extremism within the ranks, we are confident that you recognize the importance of a comprehensive approach to this challenge. It is imperative that our efforts to identify and mitigate extremist influences encompass all forms of ideology that threaten the cohesion and effectiveness of our armed forces. Our military must continue to exemplify the highest standards of professionalism and unity, standing ready to defend our nation against any threat, and we demand you do the same. By identifying left-wing extremism with the same determination applied to your previous efforts, we further ensure the strength, integrity, and readiness of our armed forces…”

 

3. Hearings & Markups

April 10, 2024: The Senate Foreign Relations Committee will hold a hearing entitled, “FY2025 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT BUDGET REQUEST.” The sole witness will be USAID Administrator Samantha Power.
April 10, 2024: The House Foreign Affairs Committee will hold a hearing entitled, “USAID’s Foreign Policy and International Development Priorities in the Era of Great Power Competition.” The sole witness will be USAID Administrator Samantha Power.
April 11, 2024: The House Appropriations Committee’s Subcommittee on State and Foreign Operations will hold a hearing entitled, “Budget Hearing – Fiscal Year 2025 Request for the United States Agency for International Development.” The hearing has not yet been posted on the committee website, but it is a safe bet that there will be one witness: USAID Administrator Samantha Power.
April 16, 2024: The Senate Foreign Relations Committee will hold a business meeting to consider a long list of State Department nominations, as well as to markup a number of bills, including:
  • S. 1829, Stop Harboring Iranian Petroleum Act of 2023
  • S. 3874, Hamas and Palestinian Islamic Jihad International Terrorism Support Prevention Act of 2024
  • S. 2626, MAHSA Act [also see: In reversal, Senate Foreign Relations to take up MAHSA Act Iran sanctions (Jewish Insider 3/29/24)
  • S. 2336, Making Iran Sanctions Stick In Lieu of Expiration of Sanctions Act
  • S. Res. 505, A resolution condemning the use of sexual violence and rape as a weapon of war by the terrorist group Hamas against the people of Israel.
April 17, 2024: The House Education and Workforce Committee will hold a hearing entitled, Columbia in Crisis: Columbia University’s Response to Antisemitism. Witnesses (so far) will be: Dr. Nemat “Minouche” Shafik, President, Columbia University; Ms. Claire Shipman, Board of Trustees Co-Chair, Columbia University; and Mr. David Greenwald, Board of Trustees Co-Chair, Columbia University. Also see: Columbia University leaders to get grilled by Congress at antisemitism hearing (CNN 3/12/24); Columbia University leaders to testify before Congress on campus antisemitism (Jewish Insider 3/12/24); Columbia university president to testify about campus antisemitism (Jewish News Syndicate 3/13/24) NOTE: The decision by officials of Columbia University to voluntarily subject themselves to what will be another grandstanding, anti-academia witch hunt is just mind-boggling.  Truly. Though to get a sense in advance of how this hearing may go, Columbia student engaged in activism in support of Palestinian rights report this week that they are facing a crackdown at the hands of the Columbia University administration [also see: Four Columbia students suspended, evicted from University housing following unauthorized ‘Resistance 101’ event (Columbia Spectator 4/5/24); Columbia Suspends 6 Students Amid Crackdown on Palestinian Solidarity Activism (Democracy Now 4/5/24); Shafik confirms suspensions following ‘Resistance 101’ event as Columbia works to identify protest participants (Columbia Spectator 4/5/24)

4. Selected Media & Press releases/statements

Recess Travel to Israel & Middle East
NOTE: Many, many members of Congress traveled to Israel during the Easter recess. Check the websites and social media accounts of specific members to see if they took part and if so, what they had to say about it.
Politics/Elex

NOTE: Want to follow which candidates/incumbents major pro-Israel orgs are backing and what they are spending in this election cycle? All that info is available to the public! See: United Democracy Project (aka AIPAC’s Super PAC); Democratic Majority for Israel (aka DMFI PAC); AIPAC PAC; JStreetPAC; Republican Jewish Committee (RJC) PAC

Israel Kills 7 World Central Kitchen Staff in Gaza

A relatively small number of members of the House and Senate weighed in with press releases and social media posts. Some were openly critical of Israel’s actions and demanding change. Most stuck with expressing grief/concern, endorsing/applauding Israel’s commitment to an investigation, and in many cases using the killings as a hook to demand the release of Israeli hostages and to implicitly blame Hamas for everything that Israel is doing in Gaza. See:

Also see:

More US Weapons for Israel (for and against)

Unconditional Support  for Israel & Its War on Gaza (including calling to nuke it, then kinda taking it back)

Varying Degrees of Criticism of Israel/Bibi & Support for Palestinians (& Blowback for Criticism of Israel)

Other stuff related to hating/dehumanizing Palestinians & anyone who supports Palestinian rights

1. Bills, Resolutions
2. Letters
3. Hearings & Markups
4. Selected Media & Press releases/Statements

New:

 

1. Bills & Resolutions

(FY24 SFOPS, DOD APPROPS, & UNRWA BAN) HR 2882: On 3/23/24, President Biden signed into law HR 2882, the “Further Consolidated Appropriations Act, 2024,” following passage in the House (vote) and Senate (vote), becoming Public Law No: 118-47.  HR 2882 (widely referred to as a “minibus” since other appropriations bills were already passed in a separate consolidated appropriations act) includes both the FY24 Defense Appropriations Act (Division A) and the FY24 State and Foreign Operations Appropriations Act, aka SFOPS (Division F). In addition, a totally separate section of the bill, Division G, entitled “Other Matters,” includes new language barring US funding to UNRWA for the next year.  All Middle East provisions in HR 2882 and the accompanying explanatory reports are laid in this special report accompanying this Round-Up: FY24 DOD Approps & SFOPS & UNRWA (in minibus) – Middle East-Related Provisions

(WE SUPPORT ISRAEL & BAD DEMS FOR CRITICIZING BIBI OR ANYTHING ELSE RELATED TO ISRAEL!) S. Res. 617: Introduced 3/11/24 by Scott (R-SC) and and 26 cosponsors, (all Republican), “A resolution expressing the sense of the Senate that Israel has the inherent right to defend itself and take necessary steps to eradicate the terrorist threat posed by Hamas.” Referred to the Committee on Foreign Relations. The entire resolution text reads: “Expressing the sense of the Senate that Israel has the inherent right to defend itself and take necessary steps to eradicate the terrorist threat posed by Hamas. Resolved, That it is the sense of the Senate that— (1) Israel has the inherent right to defend itself and take necessary steps to eradicate the terrorist threat posed by Hamas; and (2) any call for elections in Israel by a United States Government official is to be considered an act of electoral interference.” Also see: press release – Sen. Scott Introduces Resolution in Defense of Israel

(ANYTHING ISRAEL DOES IS SELF-DEFENSE & WE SUPPORT IT!) S. Res. XXX(text): On 3/22/24, Sen. Scott (R-SC) published a press release — Sen. Scott Introduces Resolution in Defense of Israel — announcing the introduction of a resolution “Expressing the sense of the Senate that Israel has the inherent right to defend itself and take necessary steps to eradicate the terrorist threat posed by Hamas,” cosponsored by 26 Republican colleagues. The full text of the resolution: “Resolved, That it is the sense of the Senate that— (1) Israel has the inherent right to defend itself and take necessary steps to eradicate the terrorist threat posed by Hamas; and (2) any call for elections in Israel by a United States Government official is to be considered an act of electoral interference.” NOTE: As of noon on 3/29/24 the resolution does not appear in the Congressional Record.

(IRAN SANCTIONS) S. 4073: Introduced 3/23/24 by Cruz (R-TX) and no cosponsors, “A bill to prohibit the use of funds to waive certain sanctions with respect to Iran.” Referred to the Committee on Banking, Housing, and Urban Affairs. NOTE: this bill – which Cruz also sought to attach to the minibus passed by Congress on 3/23/24 (rejected by the Senate, which voted 51-47 to table the Cruz’s amendment) – appears to be Cruz’s effort to repeal the Executive’s waiver authorities with respect to Iran sanctions, as provided in laws previously passed by Congress, by exercising Congress’s “power of the purse.” Which does raise the question: what are the financial costs associated with waiving sanctions? [Seriously – what are the costs? Staff time to write a waiver statement for the President? And how would those “costs” be scored against the financial savings involved in not having to maintain a massive government apparatus devoted to implementing those same sanctions?]

(NO ISRAEL-RELATED US DIPLOMATIC MOVES WITHOUT 100% APPROVAL OF ISRAEL) H. Res. 1107: Introduced 3/26/24 by Esposito (R-NY), “Expressing the sense of Congress that Israel must be in full support of any negotiation or agreement relating to the Israeli-Hamas conflict, including a two-state solution or similar long-term plan relating to Israel and Palestinians for it to move forward.” This resolution that, in effect, calls for the U.S. to formally cede its own sovereign foreign policy decision-making authority, as it relates to Israel, to the government of Israel [NOTE: de facto this arguably already the U.S. approach to most Israel-related policies, as carried out by presidents from both parties – but stating this so explicitly in a resolution is pretty remarkable). Entitled, “Expressing the sense of Congress that Israel must be in full support of any negotiation or agreement relating to the Israeli-Hamas conflict, including a two-state solution or similar long-term plan relating to Israel and Palestinians for it to move forward,” the “resolved” clauses of this resolution would make it a “sense of Congress that: “(1) any resolution of the Israeli-Hamas conflict should take place only with the full cooperation and approval of Israel at each step of the process; (2) any two-state solution or similar long-term plan relating to Israel and Palestinians should be sought only with the full cooperation and approval of Israel at each step of the process; and (3) the United States should continue to support Israel and should not attempt to force Israel to take any course of action that is against its best interests.” Referred to the House Committee on Foreign Affairs. Also see: House Republican proposes legislation in response to U.S.-Israel diplomatic rift (Jewish Insider 3/26/24)

(ACCOUNTABILITY FOR PERPETRATORS OF SEXUAL VIOLENCE AGAINST ISRAELIS) S. Res. 620: Introduced 3/22/24 by Graham (R-SC) and 5 cosponsors (bipartisan) the “Demanding that the international community hold accountable those who perpetrated acts of sexual violence and sexual torture during and after the attack on the State of Israel on October 7, 2023.” Referred to the Committee on Foreign Relations. Also see: Graham press release – Graham, Gillibrand, Britt, Collins, Blumenthal, Ernst Introduce Resolution Calling For Investigation Into Oct. 7 Sexual Violence

 

2. Letters

[SANCTION CHIEF JUSTICE OF ICJ FOR ANTI-ISRAEL BIAS] 3/29/24: Jackson (R-TX) and Sherman (D-CA) Lead Letter to Protect Israel [letter text]. Also see: Lawmakers urge sanctions on International Court of Justice president (Jewish Insider 3/29/24). The press release notes that the bipartisan letter is supported by AIPAC [and cosigned by 6 Republicans and Gottheimer (D-NJ — because of course he did).

[ENFORCE US LAW/HOLD ISRAEL RESPONSIBLE FOR BLOCKING GAZA AID] 3/28/24: McCollum (D-MN) X-post – “Rising civilian casualties & blocks on life-saving aid are causing a humanitarian crisis in Gaza. PM Netanyahu’s refusal to address U.S. concerns is unacceptable. I’m urging President Biden to immediately enforce U.S. law with the Netanyahu government.” [letter text]

[UNSC ABSTENTION UNDERMINES ISRAEL] 3/28/24: Congressman Biggs Condemns Biden Administration’s Refusal to Veto UNSC’s Gaza Ceasefire Resolution [letter text (cosigned by 11 House Republicans]. Also see, House Republicans accuse Biden of ‘undermining’ Israel after UN ceasefire resolution passes (Washington Examiner 3/28/24)

[GAZA PIER IS A TERRIBLE IDEA] 3/28/24: Senator Wicker Leads Armed Services Republicans Demanding Answers, Accountability for Gaza Pier [letter text – cosigned by 11 Senate Republicans from the Armes Services Committee]. The letter expresses objections to the plan (including suggesting that the only barrier to aid to Gaza is Hamas, and the pier plan will end up supporting Hamas) and includes a list of 15 (massive) questions. Also see: Senate Republicans have ‘strong reservations’ about Biden’s Gaza pier plan (Jewish Insider 3/28/24); Republican senators: building a pier in Gaza ignores the problem’s root cause (Jerusalem Post 3/28/24)

[US-IRAQ DIPLOMACY UNDERMINES ISRAEL] 3/28/24:  Cotton, Colleagues to Biden: Hosting Iraqi Prime Minister is Inappropriate, Undermines Israel [letter text]

[TARGETING RUTGERS U] 3/27/24: @EdWorkforceCmte Antisemitism Investigation Continues with Letter to Rutgers University [letter text]. Also see: House Education committee to investigate Rutgers as part of expanding antisemitism probe (Jewish Insider 3/27/24); House Ed Committee calls on Rutgers to provide reports on antisemitism (Jewish News Syndicate 3/27/24); Rutgers joins growing list of schools under GOP House investigation for antisemitism (Times of Israel 3/28/24)

[NO ICRC POST FOR GUY WHO USED TO WORK FOR UNRWA] 3/26/24: Issa, Gottheimer to State Department: Krahenbuhl Unfit to Lead International Red Cross [due to his previous role at UNRWA] [letter text]

[PROTECT PALESTINIANS IN THE WB & EAST JERUSALEM] 3/25/24: Schakowsky, Pocan Urge President Biden to Take Additional Steps to Combat Settler Violence Against Palestinians in East Jerusalem and the West Bank [letter text]

[ENFORCE US LAW/HOLD ISRAEL RESPONSIBLE FOR BLOCKING GAZA AID]3/23/24: As Humanitarian Crisis Mounts in Gaza, Senior House Democrats Urge President Biden to Enforce U.S. Law on Security Assistance to Israel [letter text]. Also see: Democrats Warn Biden: Israel Not in Compliance With U.S. Law as Recipients of Military Aid (Haartz 3/23/24)

[TARGETING ACADEMIA] 3/21/24: Chairman Smith: Universities Enjoying Generous Tax-Exempt Status Must Detail Actions Taken to Protect Jewish Students and Provide Information on Foreign Sourced Funding [letter texts] (reported in last week’s Round-Up, but letter text only available this week). Also see: House Ways and Means Committee requests answers from four top schools on campus antisemitism (Jewish Insider 3/25/24)

 

3. Hearings & Markups

April 16, 2024: The Senate Foreign Relations Committee will hold a business meeting to consider a long list of State Department nominations, as well as to markup a number of bills, including:
  • S. 1829, Stop Harboring Iranian Petroleum Act of 2023
  • S. 3874, Hamas and Palestinian Islamic Jihad International Terrorism Support Prevention Act of 2024
  • S. 2626, MAHSA Act [also see: In reversal, Senate Foreign Relations to take up MAHSA Act Iran sanctions (Jewish Insider 3/29/24)
  • S. 2336, Making Iran Sanctions Stick In Lieu of Expiration of Sanctions Act
  • S. Res. 505, A resolution condemning the use of sexual violence and rape as a weapon of war by the terrorist group Hamas against the people of Israel.
April 17, 2024: The House Education and Workforce Committee will hold a hearing entitled, Columbia in Crisis: Columbia University’s Response to Antisemitism. Witnesses (so far) will be: Dr. Nemat “Minouche” Shafik, President, Columbia University; Ms. Claire Shipman, Board of Trustees Co-Chair, Columbia University; and Mr. David Greenwald, Board of Trustees Co-Chair, Columbia University. Also see: Columbia University leaders to get grilled by Congress at antisemitism hearing (CNN 3/12/24); Columbia University leaders to testify before Congress on campus antisemitism (Jewish Insider 3/12/24); Columbia university president to testify about campus antisemitism (Jewish News Syndicate 3/13/24) NOTE: The decision by officials of Columbia University to voluntarily subject themselves to what will be another grandstanding, anti-academia witch hunt is just mind-boggling.  Truly.

 

4. Selected Media & Press releases/statements

Politics/Elex

We <HEART> Israel/Biden Admin BAD

Concerns for Palestinian Lives/Safety

AIPAC

Other Stuff

 

 

 

On 3/23/24, President Biden signed into law HR 2882, the “Further Consolidated Appropriations Act, 2024,” following passage in the House (vote) and Senate (vote).  HR 2882 (widely referred to as a “minibus” since other appropriations bills were already passed in a separate consolidated appropriations act) includes both the FY24 Defense Appropriations Act (Division A) and the FY24 State and Foreign Operations Appropriations Act, aka SFOPS (Division F). In addition, a totally separate section of the bill, Division G, entitled “Other Matters,” includes new language barring US funding to UNRWA for the next year.  Middle East provisions from both are laid out below, along with Middle East provisions in the accompanying explanatory statements (DOD Approps, SFOPS; there is no explanatory statement for Division G).

DIVISION A—Department of Defense Appropriations Act, 2024

Counter-isis Train And Equip Fund: This section earmarks $397,950,000 for the “Counter-Islamic State of Iraq and Syria Train and Equip Fund” to provide “assistance, including training; equipment; logistics support, supplies, and services; stipends; infrastructure repair and renovation; construction for facility fortification and humane treatment; and sustainment, to foreign security forces, irregular forces, groups, or individuals participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria, and their affiliated or associated groups“, subject to a whole list of additional provisos.

Israeli Cooperative Programs – ​​Section 8072:  This section earmarks $500 million for “Israeli Cooperative Programs“, sub-earmarked as follows:

  • $80 million for procurement of the Iron Dome defense system
  • $127 million for the Short Range Ballistic Missile Defense (SRBMD) program, including cruise missile defense research and development under the SRBMD program
  • $40 million for co-production activities of SRBMD systems in the United States and in Israel
  • $80 million for co-production activities of Arrow 3 Upper Tier systems in the United States and in Israel
  •  $173 million for the Arrow System Improvement Program including development of a long range, ground and airborne, detection suite

Middle East Partner Reimbursements – Section 8110: This section earmarks $380 million “to reimburse Jordan, Lebanon, Egypt, Tunisia, and Oman under section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note), for enhanced border security, of which not less than $150,000,000 shall be for Jordan.”

Rosoboronexport – Section 8115: This section bans any contracts or agreements with Rosoboronexport, but allows that ban to be waived if there is a certification to Congress that (among other things) “Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic.”

Middle East Reimbursements – Section 8117: This section earmarks $15 million “for payments to reimburse key cooperating nations for logistical, military, and other support, including access, provided to United States military and stability operations to counter the Islamic State of Iraq and Syria”, subject to various provisos.

Iraq/War Powers Act – Section 8122: This section states that “None of the funds made available by this Act may be used with respect to Iraq in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.), including for the introduction of United States Armed Forces into hostilities in Iraq, into situations in Iraq where imminent involvement in hostilities is clearly indicated by the circumstances, or into Iraqi territory, airspace, or waters while equipped for combat, in contravention of the congressional consultation and reporting requirements of sections 3 and 4 of such Resolution (50 U.S.C. 1542 and 1543)“.

Syria/War Powers Act – Section 8123: This section states that “None of the funds made available by this Act may be used with respect to Syria in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.), including for the introduction of United States armed or military forces into hostilities in Syria, into situations in Syria where imminent involvement in hostilities is clearly indicated by the circumstances, or into Syrian territory, airspace, or waters while equipped for combat, in contravention of the congressional consultation and reporting requirements of sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).”

Syria/Iraq – Section 8124: This section bars any funds from this Act from being used either to “establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq” or “exercise United States control over any oil resource of Iraq or Syria.”

Manpads – Section 8125: This section bars any funds from this Act under the heading “Counter-ISIS Train and Equip Fund” from being used to procure or transfer man-portable air defense systems.

Jordan – Section 8126: This section earmarks “up to” $500 million  “to provide assistance to the Government of Jordan to support the armed forces of Jordan and to enhance security along its borders.”

 

DIVISION F—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2024

TITLE I — DEPARTMENT OF STATE AND RELATED AGENCY

United States Agency for Global Media (USAGM) [formerly Broadcasting Board of Governors], international broadcasting operations: Perennial bill language providing $857,214,000, “to carry out international communication activities, and to make and supervise grants for radio, Internet, and television broadcasting to the Middle East”. The table included in the explanatory statement earmarks $100,000,000 of these funds for “Middle East Broadcasting Networks.” 

Center for Middle Eastern-Western Dialogue Trust Fund: Perennial bill provision stating: “For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as authorized by section 633 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the interest and earnings accruing to such Fund on or before September 30, 2024, to remain available until expended.”

Israeli Arab Scholarship Program: Perennial bill provision stating: “For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 2024, to remain available until expended.” 

TITLE III — BILATERAL ECONOMIC ASSISTANCE

Development Assistance (DA): In the explanatory statement accompanying the bill, the table laying out Development Assistance (DA) allocations includes $10 million for “Refugee Scholarships Program in Lebanon” and $10 million for Morocco.

Economic Support Fund (ESF): See Section 7041 (below) for details of ESF for the Middle East in the bill text. In the Report accompanying the bill, the table laying out Economic Support Fund (ESF) allocations includes for the Middle East and North Africa:

  • West Bank/Gaza [listed as “Assistance subject to section 7041 (k)(1) – in what looks like an effort to avoid people noticing the funding]: $175 million [NOTE: in 2023, the report earmarked $225 million for the West Bank and Gaza. Yes, you read that right. With the West Bank economy collapsing, settler/IDF violence surging, entire West Bank communities being displaced, and a literal humanitarian CATASTROPHE in Gaza, Congress CUT its already meager funding for the West Bank and Gaza by 22%.]
  • Iraq: $150 million, of which, $12 million is for scholarships, $25 million is for democracy, and $2.5 million is for justice sector assistance
  • Lebanon: $112.5 million, of which $14 million is for scholarships
  • Middle East Partnership Initiative (MEPI): $27.2 million, of which $20 million is for “scholarship program”
  • Middle East Regional Cooperation (MERC): $8.5 million
  • Near East Regional Democracy [NERD?]: $55 million
  • Nita M. Lowey Middle East Partnership for Peace Act: $50 million

The explanatory statement further notes:

  • “The agreement includes funds appropriated under title III of the Act, which shall be made available
    for assistance for the Western Sahara. Not later than 90 days after the date of enactment of the Act and prior to the obligation of such funds, the Secretary of State, in consultation with the
    USAID Administrator, shall consult with the Committees on Appropriations on the proposed
    uses of such funds.”
  • USAID-Israel Development Cooperation.-The agreement includes $3,000,000 under this heading for USAID-Israel Development Cooperation.” [Yes, that’s another $3 million for Israel]

Migration & Refugee Assistance (MRA): The bill stipulates that, “$5,000,000 shall be made available for refugees resettling in Israel.” [This is a perennial earmark that started out years ago – as a much larger number – when large numbers of Jews were coming to Israel from the former Soviet Union. In recent years it has leveled out at $5 million per year, [which given the numbers of actual refugees Israel is absorbing these days is a huge amount per capita].

TITLE IV – INTERNATIONAL SECURITY ASSISTANCE

Non-proliferation, Anti-terrorism, Demining and Related Programs (NADR): This section of the bill includes a perennial stipulation that “…funds appropriated under this heading may be made available for the IAEA unless the Secretary of State determines that Israel is being denied its right to participate in the activities of that Agency.” 

Peacekeeping Operations (PKO): The bill earmarks not less than $35 million “…for a United States contribution to the Multinational Force and Observers mission in the Sinai.”

Foreign Military Financing (FMF): Most FMF for the Middle East is covered in Sec. 7041 (see below). In addition, the FMF table included in the explanatory statement accompanying the bill includes $175 million for Iraq.

 

TITLE VII – GENERAL PROVISIONS

Section 7004: Diplomatic Facilities

Part (f) of this section stipulates that, “None of the funds made available by this Act may be used to move the United States embassy in Israel to a location other than Jerusalem.”

Section 7007: Prohibition against direct funding for certain countries (unchanged from prior year)

This is perennial bill language banning aid to Cuba, North Korea, Iran, and Syria, extending to loans, credits, insurance, and guarantees of the Export-Import Bank or its agents. 

Section 7008: Coups d’état (unchanged from prior year)

This is a perennial bill provision stating that no US funding “shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d’état or decree or, after the date of enactment of this Act, a coup d’état or decree in which the military plays a decisive role.” It also states that “assistance may be resumed to such government if the Secretary of State certifies and reports to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected government has taken office” and that the prohibition in this section “shall not apply to assistance to promote democratic elections or public participation in democratic processes, or to support a democratic transition.” It also includes a waiver. Reminder: this is the provision that caused problems for the Obama Administration in the context of Egypt. 

Section 7013: Prohibition on taxation of assistance (unchanged from prior year)

This is a perennial bill provision barring taxation of U.S. assistance and imposing huge financial penalties on governments that do so. While this provision appears generic, the only recipient explicitly identified is the West Bank and Gaza. This singling out of the Palestinians reflects the genesis of the provision: long-ago allegations that the Palestinian Authority (PA) was taxing U.S. assistance provided to NGOs (recall that under existing law direct aid to the PA is prohibited), and thereby indirectly benefiting from US assistance designed specifically to bypass the PA. [Note: this is the section that was raised as a problem when Israel was considering imposing massive taxes on foreign government donations to civil society organizations].

Section 7015: Notification Requirements

Part (f) of this provision states that no funds appropriated under titles III through VI of this Act (pretty much all funds in the bill) may be obligated or expended for assistance to a laundry list of countries, “except as provided through regular notification procedures of the Committees on Appropriations.” From the Middle East, the list includes (this year): Bahrain, Egypt, Iran, Iraq, Lebanon, Libya, Syria, Tunisia, Yemen. 

Section 7021: Prohibition on assistance to governments supporting international terrorism (unchanged from prior year)

Perennial bill provision prohibiting funding to any country “which provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism…” and prohibits bilateral assistance to any country that supports international terrorism, gives sanctuary to terrorist, or is controlled by a terrorist organization. The section includes national security waivers for both restrictions. 

Section 7030: Economic Resilience Initiative (NEW)

Part (b) of this section states that funding in the Act and prior SFOPS Acts “may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees” for various countries, including Egypt and Jordan.

Section 7032: Democracy Programs

Part (a) of this section of the bill earmarks not less than $2,9 billion for “democracy programs” (as defined later in this provision). Part (e) states that funding and programs under this section “shall not be subject to the prior approval by the government of any foreign country” [reflecting in part the experiences in Egypt in the past].   The Report accompanying the bill includes a table laying out recommended ESF under the Bureau of Democracy, Human Rights, and Labor, including, for the Middle East: Near Eastern Regional Democracy – $25 million; Syria – $11 million; Yemen – $2 million

Section 7033: International Religious Freedom (unchanged from prior year)

Part (c) notes: “Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading “Economic Support Fund” may be made available notwithstanding any other provision of law for assistance for ethnic and religious minorities in Iraq and Syria.”

Section 7034: Special Provisions

Part (k)(6)  of this section extends existing U.S. loan guarantees for Israel (provided under Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 576) until September 30, 2029 [This is the emergency $9 billion that was provided for Israel in 2003, quietly extended over and over by Congress for going on 20 years. As noted in a recent CRS report on US aid to Israel, “Israeli officials may believe that although they have not used the loan guarantees in the last 18 years, maintaining the program boosts the country’s fiscal standing among international creditors in capital markets.“]

Section 7035: Law Enforcement and Security

Part (b)(3) of this section of the bill is a perennial provision providing for financing of commercial leasing of defense articles to Israel, Egypt, and the North Atlantic Treaty Organization (NATO), and major non-NATO allies.

Part (c)(2) lays out limitations related to landmines and cluster munitions.

Part (c)(3) – “Crowd Control” – states that “If the Secretary of State has information that a unit of a foreign security force uses excessive force to repress peaceful expression or assembly concerning corruption, harm to the environment or human health, or the fairness of electoral processes, or in countries that are undemocratic or undergoing democratic transition, the Secretary shall promptly determine if such information is credible: Provided, That if the information is determined to be credible, funds appropriated by this Act should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd control purposes for such unit, unless the Secretary of State determines that the foreign government is taking effective measures to bring the responsible members of such unit to justice.”

Part (d) – Leahy Law – states: “LEAHY LAW.—For purposes of implementing section 620M of the Foreign Assistance Act of 1961 [aka, 22 U.S. Code § 2378d – Limitation on assistance to security forces], the term ‘credible information’ means information that, considering the source of such information and the surrounding circumstances, supports a reasonable belief that a violation has occurred, and shall not be determined solely on the basis of the number of sources; whether the source has been critical of a policy of the United States Government or its security partners; whether the source has a personal connection to the information being reported; or whether the United States Government is able to independently verify the information.”

Section 7037: Palestinian statehood (unchanged from prior year)

Perennial bill provision barring (with extensive language) assistance to a Palestinian state that does not meet a series of conditions (includes perennial Presidential waiver authority). It also includes: “The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of this Act (“Limitation on Assistance for the Palestinian Authority”)”

Section 7038: Prohibition on Assistance to the Palestinian Broadcasting Corp (unchanged from prior year)

Perennial language (dating back many many years) barring any U.S. assistance to the Palestinian Broadcasting Corporation.

Section 7039: Assistance for the West Bank and Gaza

Part (a) – OVERSIGHT – stipulates that “For fiscal year 2024, 30 days prior to the initial obligation of funds for the bilateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading ‘Economic Support Fund’ for the West Bank and Gaza.”

Part (b) – VETTING – stipulates that “Prior to the obligation of funds appropriated by this Act under the heading “Economic Support Fund” for assistance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the entity’s governing board or governing board of trustees any individual that has been determined to be involved in, or advocating terrorist activity or determined to be a member of a designated foreign terrorist organization: Provided, That the Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which the Secretary has determined to be involved in or advocating terrorist activity.”

Part (c) – PROHIBITION – bars use of funds for the West Bank and Gaza being used for: “Recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism” or for “any educational institution located in the West Bank or Gaza that is named after an individual who the Secretary of State determines has committed an act of terrorism.” It also bars funding for security assistance for the West Bank and Gaza under the the Secretary of State report to Congress on “the benchmarks that have been established for security assistance for the West Bank and Gaza and on the extent of Palestinian compliance with such benchmarks” and “the steps being taken by the Palestinian Authority to end torture and other cruel, inhuman, and degrading treatment of detainees, including by bringing to justice members of Palestinian security forces who commit such crimes.”

Part (d) lays out required oversight by USAID, including annual (at least) audits of “all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program“, and allocating up to $1.4 million to USAID for “audits, investigations, and other activities in furtherance of the requirements of this subsection.” [increased from $1.3 million prior year]

Part (e) requires the Comptroller General of the United States to audit and investigate “the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 2024 under the heading ‘Economic Support Fund'”

Part (f) states that “Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations.”

Section 7040: Limitation on Assistance to the Palestinian Authority (unchanged from prior year)

Part (a) bars any funds from this act being used to provide funding to the Palestinian Authority. Part (b) enables the President to waive the ban in (a) if he certifies to Congress that doing so “is important to the national security interest of the United States.” Part (c) stipulates that any waiver under (b) “shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act.” Part (d) requires a report to Congress from the President in conjuction with any use of the waiver in part (b), detailing “the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed” and also detailing “the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure.” And Part (e) requires that in conjuction with any use of the waiver in part (b), the Secretary of State “must certify and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll, and the Palestinian Authority is acting to counter incitement of violence against Israelis and is supporting activities aimed at promoting peace, coexistence, and security cooperation with Israel.” [Note: part (e) in effect turns what looks like a national security waiver into a waiver under which acting to support/defend/promote US national security is made conditional on factors that are outside US control, such that if the Secretary of State could NOT make the certification required under (e), the president could not exercise the waiver, US national security be damned).

The section also includes a perennial subsection (f) entitled “Prohibition to Hamas and the Palestine Liberation Organization” (lumping together a U.S.-designated Foreign Terrorist Organization with the internationally recognized representative of the Palestinian people that is NOT on the list of U.S.-designated FTO since that list was first published in 1997). This subsection bars funding to the PLO and bars funding for salaries of PA personnel in Gaza or for Hamas or any entity “or any entity effectively controlled by Hamas, any power-sharing government of which Hamas is a member, or that results from an agreement with Hamas and over which Hamas exercises undue influence.” The formulation in this legislation is designed to make it difficult for the U.S. engage any kind of Palestinian power-sharing government that could result from some future Fatah-Hamas reconciliation or from some other arrangements that lead to a national unity government or a mutually-agreed technocratic government (the text has evolved over the years in response to Palestinian efforts to achieve such governments).

The section includes language of past bills stipulating that the prohibition does not apply if the President “certifies and reports to the Committees on Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended.” It also includes the proviso that, “the President may exercise the authority in section 620K(e) of the Foreign Assistance Act of 1961, as added by the Palestine Anti-Terrorism Act of 2006 (Public Law 109-446) with respect to this subsection.”

As a reminder:

Section 620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as amended, reads as follows:

(b) Certification.–A certification described in subsection (a) 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 effectively controlled by Hamas, unless the Hamas-controlled Palestinian Authority has–

(A) publicly acknowledged the Jewish state of Israel’s right to exist; and

(B) committed itself and is adhering to all previous agreements and understandings with the United States Government, with the Government of Israel, and with 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 `Roadmap’).

And 620K(e) reads as follows:

(e) National Security Waiver.–

(1) In general.–Subject to paragraph (2), the President may waive subsection (a) with respect to-

(A) the administrative and personal security costs of the Office of the President of the Palestinian Authority;

(B) the activities of the President of the Palestinian Authority to fulfill his or her duties as President, including to maintain control of the management and security of border crossings, to foster the Middle East peace process, and to promote democracy and the rule of law; and

(C) assistance for the judiciary branch of the Palestinian Authority and other entities.

(2) Certification.–The President may only exercise the waiver authority under paragraph (1) after–

(A) consulting with, and submitting a written policy justification to, the appropriate congressional committees; and

(B) certifying to the appropriate congressional committees that–

(i) it is in the national security interest of the United States to provide assistance otherwise prohibited under subsection (a); and

(ii) the individual or entity for which assistance is proposed to be provided is not a member of, or effectively controlled by (as the case may be), Hamas or any other foreign terrorist organization.

(3) Report.—Not later than 10 days after exercising the waiver authority under paragraph (1), the President shall submit to the appropriate congressional committees a report describing how the funds provided pursuant to such waiver will be spent and detailing the accounting procedures that are in place to ensure proper oversight and accountability.

(4) Treatment of certification as notification of program change.–For purposes of this subsection, the certification required under paragraph (2)(B) shall be deemed to be a notification under section 634A and shall be considered in accordance with the procedures applicable to notifications submitted pursuant to that section. 

Section 7041: Middle East and North Africa

Section 7041(a): Egypt

Bill text

Overall conditions on aid: This section of the bill stipulates that funds appropriated by this Act that are available for assistance for Egypt “may be made available notwithstanding any other provision of law restricting assistance for Egypt, except for section 620M of the Foreign Assistance Act of 1961, and may only be made available for assistance for the Government of Egypt if the Secretary of State certifies and reports to the Committees on Appropriations that such government is—(A) sustaining the strategic relationship with the United States; and (B) meeting its obligations under the 1979 Egypt-Israel Peace Treaty.”

________________________

Reminder: Section 620M of the Foreign Assistance Act of 1961 states that “No assistance shall be furnished under this Act or the Arms Export Control Act to any unit of the security forces of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights.” It adds that this prohibition “shall not apply if the Secretary determines and reports to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations that the government of such country is taking effective steps to bring the responsible members of the security forces unit to justice.”

________________________ 

The bill earmarks “not less than $1,425,000,000 should be made available for assistance for Egypt.” It sub-earmarks that funding as follows:

ESF: Not less than $125 million is for ESF, of which $40 million “should be made available for higher education programs, including not less than $15,000,000 for scholarships for Egyptian students with high financial need to attend not-for-profit institutions of higher education in Egypt that are currently accredited by a regional accrediting agency recognized by the United States Department of Education, or meets standards equivalent to those required for United States institutional accreditation by a regional accrediting agency recognized by such Department.” The section further stipulates that these funds “shall be made available for democracy programs, and for development programs in the Sinai”

FMF: Not less than $1.3 billion “should be made available” in FMF for Egypt, and may (per usual) be transferred “to an interest bearing account in the Federal Reserve Bank of New York, following consultation with the Committees on Appropriations and the uses of any interest earned on such funds shall be subject to the regular notification procedures of the Committees on Appropriations.”

WITHHOLDING: The bill stipulates that $320 million in FMF for Egypt “shall be withheld from obligation until the Secretary certifies and reports to the Committees on Appropriations that the Government of Egypt is meeting the requirements under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act)” The bill allows the Secretary of State to waive this withholding requirement if he “determines and reports to the Committees on Appropriations that such funds are necessary for counterterrorism, border security, or nonproliferation programs or that it is otherwise important to the national security interest of the United States to do so, including a detailed justification for the use of such waiver and the reasons why any of the requirements cannot be met“.

The explanatory statement accompanying the bill notes with respect to Egypt:

  • “In addition to amounts made available pursuant to subsection (a) for assistance for Egypt, the agreement includes not less than $3,500,000 under Nonproliferation, Anti-terrorism, Demining and Related Programs and not less than $1,800,000 under International Military Education and Training for such assistance.”
  • “Pursuant to subsection (a)(3), the Secretary of State shall certify and report on whether the Government of Egypt is taking sustained and effective steps to: (1) strengthen the rule of law,democratic institutions, and human rights in Egypt, including to protect religious minorities and the rights of women, which are in addition to steps taken during the previous calendar year for such purposes; (2) implement reforms that protect freedoms of expression, association, and peaceful assembly, including the ability of civil society organizations, human rights defenders, and the media to function without interference; (3) hold Egyptian security forces accountable, including officers credibly alleged to have violated human rights; (4) investigate and prosecute cases of extrajudicial killings and forced disappearances; (5) provide American citizens with fair and commensurate compensation for injuries and losses caused by the Egyptian military; and (6) reduce the number of political prisoners, provide detainees with due process of law, and prevent
    the intimidation or harassment of American citizens”

Section 7041(b): Iran

This section of the bill stipulates that funding in the bill (under Diplomatic Programs, ESF, and NADR) “shall be made available (A) to support the United States policy to prevent Iran from achieving the capability to produce or otherwise obtain a nuclear weapon; (B) to support an expeditious response to any violation of United Nations Security Council Resolutions or to efforts that advance Iran’s nuclear program; (C) to support the implementation and enforcement of sanctions against Iran for support of nuclear weapons development, terrorism, human rights abuses, and ballistic missile and weapons proliferation; and (D) for democracy programs in support of the aspirations of the Iranian people.”

It also requires the Secretary of State to submit two reports to Congress:

(A) the semi-annual report required by section 135(d)(4) of the Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the Iran Nuclear Agreement Review Act of 2015 (Public Law 114–17).

(B) Not later than 180 days after the enactment of this Act, a report on “(i) the status of United States bilateral sanctions on Iran; (ii) the reimposition and renewed enforcement of secondary sanctions; and (iii) the impact such sanctions have had on Iran’s destabilizing activities throughout the Middle East.”

This section also includes (new) language stating: “None of the funds appropriated by this Act may be used to— (A) implement an agreement with the Government of Iran relating to the nuclear program of Iran, or a renewal of the Joint Comprehensive Plan of Action adopted on October 18, 2015, in contravention of the Iran Nuclear Agreement Review Act of 2015 (42 U.S.C. 2160e); or (B) revoke the designation of the Islamic Revolutionary Guard Corps as a Foreign Terrorist Organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).”

Section 7041(c): Iraq

The bill states that funds appropriated under titles III and IV of this Act “shall be made available for assistance for Iraq for—(A) bilateral economic assistance and international security assistance, including in the Kurdistan Region of Iraq; (B) stabilization assistance, including in Anbar Province; (C) programs to support government transparency and accountability, support judicial independence, protect the right of due process, end the use of torture, and combat corruption; (D) humanitarian assistance, including in the Kurdistan Region of Iraq; (E) programs to protect and assist religious and ethnic minority populations; and (F) programs to increase United States private sector investment.”

It also states that ESF funding for Iraq ” may not be made available to an organization or entity for which the Secretary of State has credible information is controlled by the Badr Organization.”

The explanatory statement accompanying the bill states:

  • “Of the funds made available for democracy programs for Iraq under Economic Support Fund, not less than $1,500,000 shall be made available for new programs that strengthen elections processes and democratic political parties.”
  • “The agreement includes funds to support American-style higher education student scholarships and institutions in Iraq, including in the Kurdistan Region of Iraq (KRI), on an open and competitive basis, following consultation with the Committees on Appropriations. Such funds should include support for programs that equip diverse Iraqi university and institute graduates with the knowledge and skills required to obtain gainful employment in the private sector and seek to build long-term capacity and sustainability of current and prior-year grantees. Not later than 90 days after the date of enactment of the Act, the Secretary of State shall brief the Committees on Appropriations on the plan of action concerning options for enhancing air defense capabilities in the KRI against missile and drone attacks from Iran, as required by section 1266 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-
    31 ), and specific efforts the Department of State will undertake to encourage the Government of Iraq to meet its KRI budget obligations for 2024.”

Section 7041(d): Israel

This section earmarks “not less than” $3.3 billion for Israel, to be disbursed (as usual) in a lump sum within 30 days of this Act becoming law, and with permission for Israel to use $725,300,000 for procurement in Israel.

Reminder: As highlighted previously in the Round-Up, these little-remarked stipulations – early disbursal and permission for more than $700 million of FMF to be spent inside Israel – are unique to Israel’s aid program. Both significantly increase the value of the assistance to Israel and the cost of the assistance to the U.S. In all other cases, FMF is obligated and disbursed by the U.S. on an as-used basis, meaning that the U.S. either keeps the money in the U.S. Treasury until it is needed (where it earns interest) or if the money is not in the U.S. Treasury, the U.S. does not have to borrow it until it is needed (meaning less interest paid). In the case of Israel, the entire amount is handed over in a lump sum within 30 days of the law passing, meaning that Israel can bank the money and earn interest on it (which it can spend however and wherever it likes). In addition, in all other cases, FMF must be spent inside the U.S. (unless a specific exemption is granted). The logic behind this is that FMF is not just a “gift” to a foreign country but is actually a form of investment in the U.S. economy. In Israel’s case, however, almost $800 million of FMF may be used in Israel, rather than for the benefit of U.S. industry (this amount is gradually being phased out, but between now and the time it is phased out completely it still represents billions of dollars).

Section 7041(e): Jordan

The bill states that not less than $1,650,000,000 of the funds appropriated by this Act under titles III and IV “shall be made available for assistance for Jordan, of which not less than $845,100,000 shall be made available for budget support for the Government of Jordan and not less than $425,000,000 shall be made available under the heading ‘Foreign Military Financing Program’.”

The accompanying explanatory statement notes:

  • “Within the total amounts designated in the Act for assistance for Jordan, the agreement includes not less than $10,400,000 under Nonproliferation, Anti-terrorism, Demining and Related Programs and $3,800,000 under International Military Education and Training. Not later than 30 days after the date of enactment of the Act, the Secretary of State shall consult with the appropriate congressional committees on humanitarian assistance for Jordan.”

Section 7041(f): Lebanon

The bill includes an overarching limitation, stating that none of the funds appropriated by this Act “may be made available for the Lebanese Internal Security Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF or the LAF is controlled by a foreign terrorist organization...”

SECURITY ASSISTANCE — the bill states that INCLE and FMF funds in this bill that  are made available for assistance for Lebanon” may be made available for programs and equipment for the ISF and the LAF to address security and stability requirements in areas affected by conflict in Syria, following consultation with the appropriate congressional committees.” It further states that FMF funds for Lebanon may ONLY be used for programs to”(i) professionalize the LAF to mitigate internal and external threats from non-state actors, including Hizballah; (ii) strengthen the security of borders and combat terrorism, including training and equipping the LAF to secure the borders of Lebanon and address security and stability requirements in areas affected by conflict in Syria, interdicting arms shipments, and preventing the use of Lebanon as a safe haven for terrorist groups; and (iii) implement United Nations Security Council Resolution 1701“.

FMF Spend plan: It further stipulates that “prior to obligating funds made available by this subparagraph for assistance for the LAF, the Secretary of State shall submit to the Committees on Appropriations a spend plan, including actions to be taken to ensure equipment provided to the LAF is used only for the intended purposes, except such plan may not be considered as meeting the notification requirements under section 7015 of this Act or under section 634A of the Foreign Assistance Act of 1961: Provided further, That any notification submitted pursuant to such section shall include any funds specifically intended for lethal military equipment.”

ESF: This section stipulates that ESF for Lebanon “may be made available notwithstanding section 1224 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 2346 note).” As a reminder, that section of law states: “Notwithstanding any other provision of law, $10,000,000 of the amounts made available for fiscal year 2003 or any subsequent fiscal year that are allocated for assistance to Lebanon under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund) may not be obligated unless and until the President certifies to the appropriate congressional committees that- “(1) the armed forces of Lebanon have been deployed to the internationally recognized border between Lebanon and Israel; and “(2) the Government of Lebanon is effectively asserting its authority in the area in which such armed forces have been deployed.”

The accompanying explanatory language notes:

  • “The agreement endorses Senate report language under the heading Energy Independence for American Hospitals in Lebanon“. That language reads: “Given the economic difficulties facing Lebanon and the lack of municipal-provided electricity, the Committee recommends $5,000,000 under the ESF heading for the purchase of American-made solar panels for teaching hospitals in Lebanon, following consultation with the Committees on Appropriations.“

Libya

The bill text does not mention Libya, but the accompanying explanatory statement notes: “The agreement includes not less than $32,000,000 under titles III and IV of the Act for stabilization assistance for Libya, including support for a UN-facilitated political process and border security.”

Section 7041 (g): Morocco

This section stipulates that “Funds appropriated under titles III and IV of this Act shall be made available for assistance for Morocco.” The accompanying explanatory statement notes: “The agreement includes not less than $10,000,000 under Economic Support Fund, not less than $10,000,000 under Development Assistance, and not less than $10,000,000 under Foreign Military Financing Program for assistance for Morocco. The agreement endorses the directive under this heading in the Senate report.”

Western Sahara

There bill text doesn’t mention Western Sahara, but the explanatory statement accompanying the bill notes: “The Secretary of State shall continue to support a UN-led political process that achieves a just, lasting, and mutually acceptable political solution in accordance with relevant UN Security Council resolutions.”

Section 7041 (h): Saudi Arabia

This section states that: “None of the funds appropriated by this Act under the heading ‘International Military Education and Training’ should be made available for assistance for the Government of Saudi Arabia,” and “None of the funds appropriated or otherwise made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs should be obligated or expended by the Export-Import Bank of the United States to guarantee, insure, or extend (or participate in the extension of) credit in connection with the export of nuclear technology, equipment, fuel, materials, or other nuclear technology-related goods or services to Saudi Arabia unless the Government of Saudi Arabia—(A) has in effect a nuclear cooperation agreement pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153); (B) has committed to renounce uranium enrichment and reprocessing on its territory under that agreement; and (C) has signed and implemented an Additional Protocol to its Comprehensive Safeguards Agreement with the International Atomic Energy Agency.”

Section 7041(i): Syria

Non-lethal military assistance: This section states that funds appropriated by this Act under titles III and IV “may be made available, notwithstanding any other provision of law, for non-lethal stabilization assistance for Syria, including for emergency medical and rescue response and chemical weapons investigations.”

Limitations: It then lays out limitations on such aid, stipulating that funds for Syria, “(A) may not be made available for a project or activity that supports or otherwise legitimizes the Government of Iran, foreign terrorist organizations (as designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)), or a proxy of Iran in Syria; (B) may not be made available for activities that further the strategic objectives of the Government of the Russian Federation that the Secretary of State determines may threaten or undermine United States national security interests; and (C) should not be used in areas of Syria controlled by a government led by Bashar al-Assad or associated forces or made available to an organization or entity effectively controlled by an official or immediate family member of an official of such government.” [note “should not” rather than “may not” in limitation (C)].

Al-Hol Action Plan: This section states that “Of the funds appropriated under title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, not less than $25,000,000 shall be made available to implement the ‘U.S. Government Al-Hol Action Plan’.”

Monitoring/oversight/consultation/notification: The bill stipulates that prior to obligating any funds for Syria, “the Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of such assistance inside Syria.” It also states that “Funds made available pursuant to this subsection may only be made available following consultation with the appropriate congressional committees and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided, That such consultation shall include the steps taken to comply with subparagraph (A) and steps intended to be taken to comply with section 7015(j) of this Act.” [Yes, these are ALL the monitoring/oversight/consultation/notification requirements vis-a-vis aid in this bill for Syria. Take a moment, just for fun, and compare that to the layers and layers of monitoring/oversight/consultation/notification requirements placed on any penny for the West Bank and Gaza Strip. Seriously – I’ll wait…(it will take a while ).]

Section 7041(j): Tunisia

This subsection of the bill states: “Funds appropriated under titles III and IV of this Act shall be made available for assistance for Tunisia for programs to support democratic governance and civil society, protect due process of law, and maintain regional stability and security, following consultation with the Committees on Appropriations.”

The explanatory statement accompanying the bill notes:

  • “Not later than 90 days after the date of enactment of the Act, the Secretary of State shall submit a report to the Committees on Appropriations on the extent to which: (1) the Government of Tunisia is implementing economic reforms, countering corruption, and taking credible steps to restore constitutional order and democratic governance, including respecting freedoms of expression, association, and the press, and the rights of members of political parties, that are in addition to steps taken in the preceding fiscal year; (2) the Government of Tunisia is maintaining the independence of the judiciary, not inappropriately utilizing military courts, and holding security forces who commit human rights abuses accountable; and (3) the Tunisian military has remained an apolitical and professional institution”

Section 7041(k): West Bank and Gaza

Assistance: The bill includes no hard earmark for aid to the West Bank and Gaza Strip.

Report on Assistance: This is a perennial requirement in the bill text, according to which: prior to the obligation of any funds for the West Bank and Gaza, the Secretary of State shall report to Congress that the purpose of such assistance is to: “(A) advance Middle East peace; (B) improve security in the region; (C) continue support for transparent and accountable government institutions; (D) promote a private sector economy; or (E) address urgent humanitarian needs.” 

Limitations: This is perennial language laying out further limitations on U.S. funding for the Palestinian Authority, linked to the UN and the ICC.

  • Barring Aid to the PA: Part 2(A) is perennial language (dating back to the Obama era) barring any ESF funding for the PA if, after the date this bill becomes law, “the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians” or if “the Palestinians initiate an International Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians.” This section provides the Secretary of State the authority to waive the ban on assistance to the PA in the case where the Palestinians gain status at the UN if he “certifies to the Committees on Appropriations that to do so is in the national security interest of the United States, and submits a report to such Committees detailing how the waiver and the continuation of assistance would assist in furthering Middle East peace.” As in previous years, no waiver is provided in the case of a Palestinian-initiated or Palestinian-backed effort ICC investigation [which, in fact, exists today) — meaning that under this section, the US is barred from granting any ESF for the PA, period (irrespective of whether the Palestinians adopt policy changes to address the demands of the Taylor Force Act, or the U.S. really really wants to support/strengthen the PA as an alternative power in the Gaza Strip, or anything else).
  • Preventing the PLO Office from Re-Opening in the U.S.: Part 2(B) limits the President’s ability to waive longstanding (and anachronistic) legislation barring the PLO from having any representation in the United States. Where for decades Congress granted the President a “clean” national security or national interests waiver of that prohibition (contained in section 1003 of Public Law 100-204), starting in the Obama era Congress moved to make such waiver contingent on the President certifying that the Palestinians have not, after the date of enactment of this Act, “obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians” or “initiated or actively supported an ICC investigation against Israeli nationals for alleged crimes against Palestinians.” This condition on the PLO office can be waived if the President can certify that the Palestinians “have taken credible steps to enter into direct and meaningful negotiations with Israel and it is important to the national security interests of the United States and the conduct of diplomacy in advancing Middle East peace”. [as in, if it merely US national security interests that are at stake, NO WAIVER is allowed].

Taylor Force Act: Part 4 of this section notes that “Funds appropriated by this Act under the heading ‘Economic Support Fund’ that are made available for assistance for the West Bank and Gaza shall be made available consistent with section 1004(a) of the Taylor Force Act (title X of division S of Public Law 115–141).”

Security report: Part 5 of this section states: “The reporting requirements in section 1404 of the Supplemental Appropriations Act, 2008 (Public Law 110–252) shall apply to funds made available by this Act, including a description of modifications, if any, to the security strategy of the Palestinian Authority..”

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As a reminder, Section 1404 of PL 110-252 states: “Not later than 90 days after the date of enactment of this Act and 180 days thereafter, the Secretary of State shall submit to the Committees on Appropriations a report on assistance provided by the United States for the training of Palestinian security forces, including detailed descriptions of the training, curriculum, and equipment provided; an assessment of the training and the performance of forces after training has been completed; and a description of the assistance that has been pledged and provided to Palestinian security forces by other donors: Provided, That not later than 90 days after the date of enactment of this Act, the Secretary of State shall report to the Committees on Appropriations, in classified form if necessary, on the security strategy of the Palestinian Authority.”

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Incitement report: Part 6 of this section stipulates that, “Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing steps taken by the Palestinian Authority to counter incitement of violence against Israelis and to promote peace and coexistence with Israel.”

The accompanying explanatory statement notes, with respect to aid for the West Bank and Gaza:

  • “Not later than 90 days after the date of enactment of the Act and every 90 days thereafter until funds have been expended, the Secretary of State shall submit a report to the Committees on Appropriations on funds administered by the Office of Palestinian Affairs and made available for public diplomacy programs. The report shall detail uses of funds, including a description of activities and implementing partners.”

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Section 7046: Europe and Eurasia

Part (c) of this section of the bill states: “None of the funds made available by this Act may be used to facilitate or support the sale of defense articles or defense services to the Turkish Presidential Protection Directorate (TPPD) under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) unless the Secretary of State determines and reports to the appropriate congressional committees that members of the TPPD who are named in the July 17, 2017, indictment by the Superior Court of the District of Columbia, and against whom there are pending charges, have returned to the United States to stand trial in connection with the offenses contained in such indictment or have otherwise been brought to justice: Provided, That the limitation in this paragraph shall not apply to the use of funds made available by this Act for border security purposes, for North Atlantic Treaty Organization or coalition operations, or to enhance the protection of United States officials and facilities in Turkey.”

Section 7048: United Nations

Part (a) of this section requires the Secretary of State to report to Congress on “whether each organization, department, or agency receiving a contribution from funds appropriated by this Act under the headings ‘Contributions to International Organizations’ and ‘International Organizations and Programs‘” has, among other things, submitted a report to the Department of State (to be posted on the Department’s website) “demonstrating that such organization is effectively implementing and enforcing policies and procedures which meet or exceed best practices in the United States for the protection of whistleblowers from retaliation, including—…(4) is taking credible steps to combat anti-Israel bias…(6) is implementing policies and procedures to effectively vet staff for any affiliation with a terrorist organization.”

Part (b) lays out perennial provisions restricting US funding to the UN. Part (b)(1) prohibits funding expenses for expenses for any US delegation to anything having to do with, or contributions to any agency, body, or commission associated with the UN that is chaired or presided over by a country, the government of which the Secretary of State has determined, according to U.S. law, “supports international terrorism.” Part (b)(2) bars US contributions to any organization, agency, commission, or program within the United Nations system if such organization, agency, commission, or program is chaired or presided over by a country the government of which the Secretary of State has determined “has repeatedly provided support for acts of international terrorism.” Part (b)(3) gives authority for the Secretary of State to waive these prohibitions if he/she determines and reports to Congress that doing so is important for the national interest of the United States.

Part (c) lays out provisions targeting the UN Human Rights Council (UNHRC).

Part (c)(1) bars funding the UNHRC “unless the Secretary of State determines and reports to the appropriate congressional committees that participation in the Council is important to the national interest of the United States and that such Council is taking significant steps to remove Israel as a permanent agenda item and ensure integrity in the election of members to such Council” [so once again, ensuring US national interest is made conditional on an Israel-related requirement]. The provision adds that any such report “shall include a description of the national interest served and provide a detailed reform agenda, including a timeline to remove Israel as a permanent agenda item and ensure integrity in the election of members to such Council.” It goes on to state that unless/until such a determination has been made and the resulting report made to Congress, the US must withhold from its annual (required) contribution to the UN’s regular budget the United States’ proportionate share of the total annual  funding for the UNHRC. Moreover, the Secretary of State is required to report to Congress (by 9/30/24) “on the resolutions considered in the United Nations Human Rights Council during the previous 12 months, and on steps taken to remove Israel as a permanent agenda item and to improve the quality of membership through competitive elections.”

Part (c)(2) states that “None of the funds appropriated by this Act may be made available for the United Nations International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel. ”

****NEW**** Section 7073: Gaza Oversight ****NEW***

No joke: In the context of the ongoing Israel-made humanitarian catastrophe in the Gaza Strip, and the urgent need for assistance to Gaza, Congress decided that rather than (a) earmarking signficant funding for Gaza in this bill, (b) including a clear directive for the State Department to provide funding for Gaza; or (c) including language demanding that Israel comply with US law, according to which US funding is contingent Israel NOT blocking the flow of US humanitarian aid (which it manifestly is doing – hence the insane US plan to build a temporary port), it would instead pile a new set of oversight requirements specific to Gaza, to be layer on top of the long, long list of conditions, restrictions, limitations, oversight, vetting, reporting, etc required in various provisions already imposed on the West Bank and Gaza (in the various sections discussed above). Specifically:

Part (a) requires the Secretary of State to certify and report to Congress (within 15 days of this Act becoming law) that: “(1) oversight policies, processes, and procedures have been established by the Department of State and the United States Agency for International Development, as appropriate, and are in use to prevent the diversion to Hamas and other terrorist and extremist entities in Gaza and the misuse or destruction by such entities of assistance, including through international organizations; and (2) such policies, processes, and procedures have been developed in coordination with other bilateral and multilateral donors and the Government of Israel, as appropriate.”

Part (b) requires the Secretary of State and the USAID Administrator to submit to Congress (at the same time as the report required above) “a written description of the oversight policies, processes, and procedures for funds appropriated by this Act that are made available for assistance for Gaza, including specific actions to be taken should such assistance be diverted, misused, or destroyed, and the role of the Government of Israel in the oversight of such assistance.”

Part (c) requires the Secretary of State and the USAID Administrator to “promptly inform the appropriate congressional committees of each instance in which funds appropriated by this Act that are made available for assistance for Gaza have been diverted, misused, or destroyed, to include the type of assistance, a description of the incident and parties involved, and an explanation of the response of the Department of State or USAID, as appropriate.”

Part (d) requires that funding in the Act “be made available for third party monitoring of assistance for Gaza, including end use monitoring, following consultation with the appropriate congressional committees.”

Part (e) requires that, after the initial obligation of funds for Gaza, the Secretary of State and the USAID Administrator to report to Congress every 90 days “detailing the amount and purpose of such assistance provided during each respective quarter, including a description of the specific entity implementing such assistance.”

Part (f) requires the Secretary of State, in consultation with the Director of National Intelligence and other heads of elements of the intelligence community, to submit to Congress a report (every 90 days) “assessing whether funds appropriated by this Act and made available for assistance for the West Bank and Gaza have been diverted to or destroyed by Hamas or other terrorist and extremist entities in the West Bank and Gaza“.

Part (g) requires that nt later than 30 days after this Act become slaw, but prior to the initial obligation of funds for Gaza, “the Secretary of State and USAID Administrator, as appropriate, shall consult with the Committees on Appropriations on the amount and anticipated uses of such funds.”

DIVISION G—OTHER MATTERS

TITLE III—Funding Limitation for United Nations Relief and Works Agency

SEC. 301. Funding limitation.

Notwithstanding any other provision of any other division of this Act, funds appropriated or otherwise made available by this Act or other Acts making appropriations for the Department of State, foreign operations, and related programs, including provisions of Acts providing supplemental appropriations for the Department of State, foreign operations, and related programs, may not be used for a contribution, grant, or other payment to the United Nations Relief and Works Agency, notwithstanding any other provision of law—

(1) for any amounts provided in prior fiscal years or in fiscal year 2024; or

(2) for amounts provided in fiscal year 2025, until March 25, 2025.

As noted in last week’s Round-Up regarding this new section of law:

(1) Palestinians are facing FAMINE in Gaza, and UNRWA remains the ONLY organization with the capacity to manage/distribute aid effectively. For Congress to continue the cut-off of aid to UNRWA at this time (and for the next year), even as most other countries have re-started UNRWA funding, is a moral obscenity and will directly contribute to killing innocent people. Or as journalist Prem Thakker posted on X: “–0.04% of UNRWA staff accused of being involved in 10/7 attack –US stops funding. News reports reveal countries followed without seeing any evidence –Israel accused of torturing UNRWA staff to coerce false confessions of being involved in 10/7 –EU Chief: no evidence …And still“

(2) The language Congress has landed on in this bill is a “punt.” As in, apparently there was insufficient support/political will in Congress (and the Administration) either to re-start funding to UNRWA or to ban funding for UNRWA permanently (despite vocal views from members on both sides of that argument). So the issue has been punted to next year, after the 2024 elections — with the “compromise” being that Republicans succeeded in extending their authority with respect to UNRWA funding into 2025 (i.e., when they may not any longer control the House) and Democrats succeeded in preventing a permanent UNRWA funding ban being added to SFOPS (suggesting they are trying to save UNRWA).

(3) The impact of this “compromise” will, without question, be THE DEATHS OF MORE INNOCENT PALESTINIANS IN GAZA (and will serve the longtime Israeli goal of once-and-for-all eradicating UNRWA as an organization supporting Palestine refugees) In this context it is somewhat disconnected from reality to talk about “silver linings.” That said, a few things are worth noting:

(a) No demonizing/delegitimizing of UNRWA: Title III is bare-bones appropriations language. It does not include ANY of the gratuitous anti-UNRWA language found in other anti-UNRWA bills that have been introduced, nor does it include language that, as a matter of law, would connect UNRWA to Hamas or terrorism. The absence of such language is a big deal.

(b) Some funding to UNRWA maybe still possible (?): The ban on funding for UNRWA applies to funding in any “division of this Act, funds appropriated or otherwise made available by this Act or other Acts making appropriations for the Department of State, foreign operations, and related programs, including provisions of Acts providing supplemental appropriations for the Department of State, foreign operations, and related programs” until March 2025. So basically no funds from this bill, or funds in the pipeline from past SFOPS bills, or funds from any SFOPS supplemental, may be used for UNRWA. Which is a pretty broad ban. But if an Administration really wanted to fund UNRWA anyway, based on this bill text, I’m pretty sure it could still do so (without violating this ban) via emergency or supplemental funding to (for example) the Department of Defense…

(c) Not automatically part of future  SFOPS: The UNRWA funding ban was included as its own title, as opposed to as part of SFOPS. This is important because once anti-Palestinian language is incorporated into SFOPS, there is no precedent for it ever being removed (as in, it becomes part of the base bill and no member of Congress ever wants to spend the political capital to challenge it). Since this UNRWA ban is a separate title, it will not automatically become part of next year’s SFOPS.

(d) If there’s a 2025 Continuing Resolution, the Ban on UNRWA Aid won’t apply (after March 2025): If after the end of the 2024 Fiscal Year Congress adopts a Continuing Resolution (something that in an election year is entirely possible), the UNRWA ban will no longer apply. This is because CRs provide budget authority to, in effect, extend current appropriations laws.  Since the UNRWA funding ban is its own title III, and not part of a specific appropriations law, it would not be part of a CR.