FMEP Legislative Round-Up: June 21, 2024

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

This week’s round-up was guest-written by Haydn Welch and Sheridan Cole, advocacy officers at the Middle East Democracy Center, with contributions by Lara Friedman.

1. Bills & Resolutions

(US-JORDAN RELATIONS) S. 4563: Introduced 6/18/24 by Rubio (R-FL) and Rosen (D-NV), “A bill to improve defense cooperation between the United States and the Hashemite Kingdom of Jordan.” Referred to the Committee on Foreign Relations. Also see: Press release – Rubio, Rosen Introduce Bill Encouraging U.S.-Jordan Security Partnership

FY25 SFOPs – House

>>State-of-play: After the House Appropriations Committee marked up and passed the base text of the FY25 SFOPS appropriations bill on 6/12, the Republican-led House is moving forward with the bill, which includes the submission of a freewheeling array of amendments (many of which are relevant to the MENA region). The deadline to submit amendments to the bill was June 18, 2024 and the House Rules committee is scheduled to meet next week. The full list of amendments can be found here: https://rules.house.gov/bill/118/hr-FY2025-SFOPS 

Lara’s full analysis/summary of the Middle East-related details of the FY25 SFOPS bill and the accompanying report is available here.

>>Amendments of Note:

FY25 Defense Appropriations – House

>>State-of-play: Following the House Appropriations Committee marking up and passing the base text of the FY25 Defense appropriations bill on 6/13, the deadline to submit amendments to the bill was June 20, 2024 and the House Rules committee is scheduled to meet next week. The full list of amendments can be found here: https://rules.house.gov/bill/118/hr-FY2025-Defense 

>>Amendments of Note:

  • André Carson (D-IN) submitted an amendment which would strike Sec. 8114, which prohibits funds to UNRWA, and an amendment requiring a report to Congress on the death of Palestinian American journalist, Shireen Abu Akleh. 
  • Joe Wilson (R-SC) submitted an amendment that encourages the Department of Defense to “harmonize the defense industrial bases” between the United States and Israel.

Gregory Meeks (D-NY) submitted an amendment that would strike Sec. 8166(a) and (b), which bars funding for withholding, halting, reversing, or canceling the delivery of defense articles or services to Israel.

2. Letters

3. Hearings & Markups

6/18/24: The Senate Foreign Relations Committee’s Subcommittee on Near East, South Asia, Central Asia, and Counterterrorism held a hearing entitled, FY 2025 Budget Request for the Middle East and North Africa (video). Witnesses were Assistant Secretary of State for Near Eastern Affairs Barbara Leaf (statement) and Deputy Assistant USAID Administrator, Bureau for the Middle East Jeanne Pryor (statement). In the hearing, Leaf acknowledged that the Israeli government had engaged in “insufficient [post-war] planning,” claimed that insufficient humanitarian aid entering Gaza “is not because Israel is trying to impede it,” and conceded that the actions of Bezalel Smotrich are destabilizing to the West Bank. Senator Kaine (D-VA) pressed the administration on its certification via NSM-20 that Israel is not obstructing humanitarian aid, and Senator Van Hollen (D-MD) called on the administration to immediately sanction Smotrich. Also see: Barbara Leaf says that ‘reality’ might force Israel to allow PA to govern Gaza (Jewish Insider 6/19/24) 

6/26/24:The House Committee on Education and the Workforce’s Subcommittee on Workforce Protections will hold a hearing entitled, “Combating Workplace Antisemitism in Postsecondary Education: Protecting Employees from Discrimination.” From the announcement: “As employers, colleges have a legal duty and moral obligation to protect staff and faculty from discrimination and harassment…The Committee’s wide-reaching antisemitism investigation exposed these institutions’ troubling pattern of willful dereliction of their legal duties and failure to address and prevent antisemitic incidents. This hearing will allow Committee members to hold these colleges accountable for their inability to protect their employees from abuse and unlawful discrimination.” No witnesses have been announced.

4. Israel/Palestine in 2024 Politics/Elex

General

Maryland

Oregon

  • Oregon Public Broadcasting 6/20/24: A major pro-Israel group spent big to influence one Oregon congressional race [“New filings show a political action committee affiliated with the American Israel Public Affairs Committee, or AIPAC, donated $1.3 million in May to a group that spent more than $3.2 million waging attacks on one of three central candidates in that race: former Multnomah County Commissioner Susheela Jayapal. The group also poured $1 million into a separate group that lavished more than $2 million in support on Maxine Dexter, the physician and state lawmaker who ultimately won the race.”]

Pennsylvania

Virginia

New York

5. Selected Media & Press releases/Statements

Netanyahu & The Hill

  • Disagreements continued this week within the Democratic Party over Netanyahu’s upcoming July 24 address to a joint session of Congress, as Jayapal (D-WA) and Ocasio-Cortez (D-NY) both called for Netanyahu’s invitation to be revoked. 
  • On Tuesday, Netanyahu released a video in which he said he told Blinken that it was “inconceivable” that the United States had been withholding arms and ammunition to Israel. While the White House did confirm a pause on one shipment of bombs, in response to Netanyahu’s comments, press secretary Karine Jean-Pierre said, “We genuinely do not know what he’s talking about.” Congressional reactions varied:
    • McConnell (R-KY) 6/18/24: McConnell: Israel Deserves Ironclad Support, Not Grotesque Micromanagement; also see: Tal Schneider (Israeli journalist) 6/18/24: X-post (Hebrew) – “In perfect coordination, shortly after Netanyahu’s surprising video about Israel not getting the weapons it needs (and the White House’s denial), the Senate Minority Leader, Mitch McConnell stood up and attacked the White House for not supplying the weapons.”
    • Torres (D-NY) 6/18/24: X-post – “If you are looking to undermine the bipartisanship of the US-Israel relationship, then release a public video attacking the Biden Administration, which, despite hysterical opposition from the far left, has held firm in support of Israel for eight months and counting. Disagreements should be had in private. Hamas is emboldened by even the appearance of a ruptured relationship.”
    • Sanders (I-VT) 6/18/24: Sanders Responds to Netanyahu’s Calls for More U.S. Weapons: “No More Bombs for Netanyahu”: “It is absurd that Netanyahu has been invited to address Congress. We should not be honoring people who use the starvation of children as a weapon of war. Instead, the United States should be withholding all offensive military aid to Israel and using our leverage to demand an end to this war, the unfettered flow of humanitarian aid to Gaza, a stop to the killing of Palestinians in the West Bank, and initial steps towards a two-state solution.”
    • Hagerty (R-TN) 6/19/24: X-post: “@WhiteHouse is mad bc @IsraeliPM @netanyahu is telling the truth. Biden Admin has refused to send Congress **formal** notifications to finalize a host of arms sales to Israel—incl F-15s, JDAM smart bomb kits, munitions—even after SFRC & HFAC informally cleared these sales!”

Members of Congress on AIPAC/AIEF Trips to Israel

  • CNN 6/17/24: Bipartisan congressional delegation will travel to Israel ahead of Netanyahu address to Congress
  • Jewish News Syndicate 6/17/24: Gallant to Congress members: We’re fighting for Western civilization [excerpt: “Israeli Defense Minister Yoav Gallant met on Monday with a bipartisan U.S. congressional delegation visiting the Defense Ministry in Tel Aviv on a trip organized by AIPAC’s American Israel Education Foundation. The nine-member group consisted of Reps. Steve Cohen (D-Tenn.), Jake Ellzey (R-Texas), Randy Feenstra (R-Iowa), Steny Hoyer (D-Md.), Glenn Ivey (D-Md.), Greg Landsman (D-Ohio), Lucy McBath (D-Ga.), Frank Pallone Jr. (D-N.J.) and Joe Wilson (R-S.C.), Gallant’s office said.”]
  • Hoyer (D-MD) 6/16/24: Hoyer, Bipartisan House Members to Travel to Israel — “Congressman Steny H. Hoyer (MD-05) will serve as the senior Member on a bipartisan Congressional delegation to Israel this week in coordination with the American Israel Education Foundation. The group of nine House Members will hold high-level meetings with top Israeli leaders and receive updates on the state of the Israel-Hamas War, the humanitarian situation in Gaza, and ongoing efforts to secure a temporary ceasefire and the release of the 120 hostages held captive in Gaza by Hamas. ‘My twenty-first visit to Israel comes at a decisive moment for our two nations,’ Congressman Hoyer said. ‘I look forward to strengthening our vital U.S.-Israel relationship even further during my first visit to Israel since the terror and devastation of October 7. Both on this delegation and upon our return, we will continue working to maintain the strong, longstanding bipartisan consensus in Congress to support our ally, Israel.‘” REMINDER: AIEF is closely connected (to say the least) to AIPAC – for details see the run-down of this relationship, with receipts, in the 4/12/24 edition of the Round-Up)
  • CNN 6/17/24: Bipartisan congressional delegation will travel to Israel ahead of Netanyahu address to Congress

The Battle Around Antisemitism & Criticism of Israel/Zionism

Pro-Israel Lobbying

Other stuff

1. Bills, Resolutions
2. Letters
3. FY25 SFOPS – House
4. FY25 NDAA – House
5. Hearings
6. Israel/Palestine in 2024 Elex/Politics
7. Selected Media & Press releases/Statements

 

 

1. Bills & Resolutions

(NO ONE WILL STOP CONGRESS FROM GIVING ISRAEL ALL THE WEAPONS IT WANTS!!!) S. 4537: Introduced 6/13/24 by Risch (R-ID), “A bill to provide for congressional oversight of proposed changes to arms sales to Israel, and for other purposes.” Referred to the Committee on Foreign Relations

(TARGETING ACADEMIA) HR 8648: Introduced 6/7/24 by Chavez-DeRemer (R-OR), the “Civil Rights Protection Act of 2024.“ Referred to the House Committee on Education and the Workforce. Also see: press release – Chavez-DeRemer Leads Effort to Support Students Facing Discrimination on College and University Campuses [“‘Across the country, colleges and universities have repeatedly failed to protect Jewish students from antisemitic protests and riots. It has exposed a dire need for a comprehensive and commonsense standard for these institutions to follow when addressing discrimination. My Civil Rights Protection Act would break down barriers and ensure students have resources to protect themselves and their peers. Students experiencing discrimination already feel isolated and alone  – they shouldn’t be left in the dark by the institution that’s supposed to be doing everything possible to protect them,’ Chavez-DeRemer said.”] NOTE: this bill is being fast-tracked by House Republicans — introduced 6/7/24, and marked up/passed by the House Committee on Education and the Workforce on 6/13/24 (markup video).

(TARGETING PROTESTERS & FUNDERS) H. Res. 1300: Introduced 6/13/24 by Palmer (R-AL) and 15 cosponsors (all Republicans), “Condemning campus protest backers.“ Referred to the House Committee on Education and the Workforce. The resolution attacks and denounces protests/protesters opposing Israel’s actions in Gaza in the wake of the October 7th Hamas attacks on Israel; implies a connection between the protests/protesters and both Hamas and Iran; condemns funders of the groups involved (including – predictably – name-checking George Soros; and “calls for a full investigation of all foreign adversaries engaged in promoting and provoking campus and public unrest.”

(DRONES) S. 4515: Introduced 6/11/24 by Romney (R-UT) and Rosen (D-NV), “A bill to combat foreign terrorist acquisition of unmanned aerial systems, and for other purposes,” aka the “Combating Foreign Terrorist Drones Act.”  Referred to the Committee on Armed Services. Also see: press release 6/12/24 — Rosen, Romney Introduce Bipartisan Bill to Keep Drones Out of the Hands of Foreign Terrorists [“...to prevent foreign terrorists—such as Al Qaeda, the Islamic State, and Iran-backed groups like the Houthis—from acquiring unmanned aerial systems, or drones, to conduct attacks, collect intelligence, and deliver weapons or supplies. As recently as January 28, 2024, an Iran-backed terrorist group committed a drone attack in Jordan that killed three American soldiers and injured 40 more.“]

2. Letters

3. FY25 SFOPS (House)

>>State-of-play: On 6/12/24, the House Appropriations Committee marked up and passed (by a vote of 31-26) the base text of the FY25 State and Foreign Operations Appropriations bill and its accompanying report. Also see: summary (Republicans); summary (Democrats); Fact Sheet (Democrats). That hearing (video here) featured – predictably – lots of grandstanding in support of Israel and point-scoring against Palestinians, including amendments reflecting both (for a summary of Democratic amendments rejected by Republicans, and Republican amendments adopted, see the Committee’s 6/12/24 press release, Committee Approves FY25 State, Foreign Operations, and Related Programs Appropriations Act. Next up: debate/amendments on the House floor (stay tuned).

>>Important Background/Context to Understand this bill: As was the case last year, it is clear that Republicans did not draft this bill with any expectation that it would attract bipartisan support in the House, or that Senate Democrats would permit it to pass into law in its current form.  Rather, this bill is about Republicans scoring populist, political points in the countdown to the November 2024 elections. That said, the fact that this won’t pass into law does not mean people should dismiss or ignore what it contains. Rather, this bill should be understood as a roadmap of what Republicans WILL pass into law if and when they have the power to do so.

>>The Middle East in the House FY25 SFOPS bill: Like the FY2024 bill, but even more so, the FY25 SFOPS bill in an expression of both unwavering, almost cult-like support for Israel and, relatedly, pathological antipathy toward any program, agency, body, government, funding, or office that Israel objects to or that in any way is viewed as critical of Israel or supportive of the Palestinians (and as noted vis-a-vis the FY24 bill, in adopting this approach, Republicans are standing on the shoulders of Democrats who have for years used this exact same framing in their own pro-Israel grandstanding). This approach, if it were to pass into law, would represent the most openly anti-Palestinian, anti-UN, anti-diplomacy, pro-Israeli impunity U.S. foreign policy in history.

My full analysis/summary of the Middle East-related details of the FY25 SFOPS bill and the accompanying report is available here.

Key elements (including new/important additions, edits and changes) are summarized below.

Aid for Israel

  • The bill includes $3.3 billion in FMF for Israel (consistent with the MOU) of which $450.3 million can be spent in Israel.
  • (CHANGED) The bill includes $6.5 million for refugee resettlement in Israel. This is an increase – since 2019 this funding had leveled off at $5 million (after being much higher at various times in the past, most recently during the period when large numbers of Jewish refugees were coming to Israel from the former Soviet Union).
  • (NEW) Section 7035, part (b)(5) would exempt Israel from limits codified under US law on the amounts of defense articles it can obtain from US war reserve stockpiles in FY25.
  • (NEW) Section 7035, Part (c)(5) would withhold 50% of funding for key State Department programs and for the office of the Secretary of State, until the Secretary of State certifies that any defense articles/services for Israel that have been previously withheld by the Biden administration have been delivered [irrespective of any US laws that might actually require them to be withheld].
  • (NEW) Section 7035, Part (c)(6) requires the Secretary of State to obligate any remaining aid for Israel within 30 days.

Boycotts of Israel/Settlements

  • (NEW) BDS REPORT TO CONGRESS: The Report accompanying the bill requires the President to report to Congress “…about the BDS campaign, which shall cover companies, international organizations,countries, and other organizations, including state investment vehicles, that are involved in promoting the movement and specific steps the Department of State has taken or expects to take to discourage or end politically-motivated efforts to boycott, divest from or sanction Israel and Israeli entities.”
  • (NEW) BDS vetting: The Report accompanying the bill requires the Secretary of state to “expand vetting policies and practices” in order to impose a blanket boycott on US assistance going “to or through any individual, private entity, government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, the BDS movement.” It also directs State and USAID to “strengthen policies and procedures to ensure organizations supported through funding are not participants in the BDS movement.” NOTE: This provision — assuming it is interpreted to include differentiation between Israel and settlements, which is a reasonable assumption given how Congress has treated settlement boycotts/differentiation in the past — would not merely complicate US relationships vis-a-vis aid for/engagement with the Palestinians — it would kneecap the ability of the US to cooperate with European and most international aid organizations worldwide (most of which have a clear policy of differentiating between Israel and settlements, consistent with international law and EU policy)
  • (NEW) BDS vetting: The Report requires: “Not later than 90 days after the date of enactment of this Act, the Secretary of State shall update the report required under this heading in House Report 118–146 on steps taken to expand vetting policies and procedures to ensure that organizations receiving United States assistance do not directly or indirectly participate in or promote the BDS movement.” 

Targeting the Palestinians/PA 

  • The bill earmarks NO FUNDING for the Palestinians/PA.
  • (CHANGED) The bill would eliminates what had up until now been a perennial waiver included of Section 7041(j), “West Bank and Gaza — language enabling the the Secretary of State to waive an overarching 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.”
  • (NEW) In this same section, the bill would add another condition for allowing the Palestinians to re-open representation in the U.S.—requiring the President to certify that the Palestinians have not “initiated any further action, whether directly or indirectly, based on an Advisory Opinion of the International Court of Justice that undermines direct negotiations to resolve the Israeli-Palestinian conflict, including matters related to final status and Israel’s longstanding security rights and responsibilities.”
  • (CHANGED) The bill would alter– to raise the bar significantly– a perennial waiver that would allow for the re-opening a Palestinian representative office in the U.S. Previously, it required 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.” In this new bill text, the requirements for using the waiver have escalated, demanding that the Palestinians, “have entered into direct and meaningful negotiations with Israel” [a requirement that the Palestinians literally do not have the power to meet unilaterally].
  • (NEW) DE-FUNDING US DIPLOMATS WHO DEAL WITH PALESTINIANS — Part (1)(c) of this section states simply: “None of the funds appropriated or otherwise made available by this Act may be made available for the Office of Palestinian Affairs, Department of State.” [The Office of Palestinian Affairs is the part of the US Embassy in Jerusalem responsible for dealing with Palestinian-related issues and engaging Palestinians.]
  • (NEW) FRAGMENTING PALESTINE: Part 5 of this section, entitled “Directive” states: “Beginning in fiscal year 2025,the Secretary of State shall bifurcate the budget operating unit of ‘West Bank and Gaza’ into separate units.” [Under the Oslo Accords (which the US ostensibly still supports), the West Bank and Gaza Strip are to be treated as a single territorial unit. Efforts to bifurcate them into separate units align closely with longstanding efforts of Greater Israel advocates.]

Targeting the UN, UNRWA, & throwing in the IHRA Definition

  • (NEW) Withholding of 15% of US funding to the UN & UN Agencies— Section 7048, Part (a) requires the withholding from obligation of 15% of the US assessed contribution to  to the United Nations, “including the Department of Peacekeeping Operations), international organizations, or any United Nations agency,” until the Secretary of State determines and reports to the appropriate congressional committees that the organization, department, or agency is meeting a laundry list of requirements, including “taking credible steps to combat anti-Israel bias.”
  • (NEW) Enforcing the IHRA Definition of Antisemitism—The Report accompanying the bill notes, with respect to that above-mentioned report, that: “In carrying out the requirement of subsection (a), the Secretary of State shall also consider and report on efforts to combat antisemitism, as defined by the International Holocaust Remembrance Alliance, as appropriate.”
  • (CHANGED) The bill eliminates a waiver, included in past SFOPS bills, giving the Secretary of State the authority to waive – for the sake of  the national interest of the United States – restrictions on funding for UN agencies headed by a country associated with terrorism.
  • (NEW) De-funding UNRWA—Part (d) of this section bars any US funding for UNRWA, bars the US from doing anything to “to solicit or otherwise encourage funds for UNRWA from other donors and sources” and requires the State Department to prepare and provide a “transition plan” for “providing assistance in the Middle East without direct or indirect funding to, or support from, UNRWA”
  • (NEW) Piling on Against UNRWA — The Report accompanying the bills piles on exuberantly against UNRWA: “…The Committee notes that UNRWA has been compromised by staff who have promoted incitement to violence, antisemitism, and the destruction of the State of Israel. The Committee is concerned by UNRWA’s relationship with Hamas and other terrorist organizations, including credible allegations that several UNRWA staff participated in the October 7, 2023 massacre that killed over 1,200 people, including American citizens, and was the worst attack on the Jewish people since the Holocaust. Further, the Committee is concerned by the use of UNRWA facilities to shield Hamas infrastructure, such as the Hamas data center under UNRWA’s Gaza headquarters. The Committee notes allegations that significant numbers of UNRWA staff celebrated the October 7 massacre on social media and that hundreds of UNRWA staff, including school principals and senior UNRWA management, are also members of terrorist organizations that violently oppress the Palestinian people, including by using them as human shields. The Committee recognizes that the Palestinian people deserve better than to be subjected to UNRWA’s failure to promote peaceful coexistence with the State of Israel.”
  • (NEW) De-funding [and for all intents and purposes pulling the US out of] the UN and certain UN agencies: The Report accompanying the bill states: “The Committee recommendation does not include funding for assessed contributions for certain United Nations agencies and other international organizations, including the United Nations regular budget. The Committee also prohibits funds to the World Health Organization (WHO) and the United Nations Relief and Works Agency (UNRWA). The Committee remains concerned with the continued lack of progress toward meaningful reforms at the United Nations that, at a minimum, should include increased fiscal transparency, meaningful consequences for sexual misconduct by United Nations officials and peacekeepers, protections for whistleblowers, combating antisemitism, and holding member states accountable for undermining international security and investigations into the origins of COVID–19. The Committee strongly condemns the United Nations General Assembly for undermining peace and security between the Israeli and Palestinian people by passing the ‘Status of Palestine in the United Nations’ resolution that provided the ‘State of Palestine’ almost all the rights and privileges as Member States. The Committee notes that the United Nations is not capable of living up to its charter that includes the purpose ‘to maintain international peace and security’. The Committee has concluded that further assessed contributions to the United Nations are not justified and increased scrutiny and oversight must predicate any consideration of a voluntary contribution to the United Nations or any United Nations agency…”
  • (NEW) United Nations anti-Israel agenda: The Report states: “The Committee urges the Secretary of State to declare it is the policy of the United States to pursue the principled position to veto one-sided, anti-Israel resolutions at the United Nations Security Council”
  • (NEW) United Nations voting practices: The Report states: “In considering bilateral assistance for a foreign government, the Secretary of State shall review, among other factors, the voting practices of such government at the United Nations in relation to United States strategic interests.” [as a reminder, this is basically the policy then-US Ambassador to the UN Nikki Haley articulated in 2018]
  • (NEW) Annual report on anti-Israel bias: “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 describing instances of anti-Israel bias at the United Nations, including an identification of the agencies and entities where such bias has been demonstrated in the past, including those that appear under this heading in title I of House Report 116–444.”

Targeting the ICC & ICJ

  • (NEW) De-funding the International Court of Justice (ICJ)—Part (n) states: “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 International Court of Justice, notwithstanding any other provision of law.”
  • (NEW) De-funding the International Criminal Court (ICC)— Part (m) states: “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 International Criminal Court, notwithstanding any other provision of law.”
  • (NEW) Regarding the ICJ and ICC, the Report accompanying the bill notes: “The Committee strongly condemns and unequivocally rejects one-sided, politicized, anti-Israel activity at the International Criminal Court (ICC) and International Court of Justice (ICJ) and prohibits funds provided in this and prior acts for such courts. The Committee directs the Secretary of State to prioritize diplomatic efforts to prevent any further efforts to weaponize the ICC and ICJ against Israel.”

Targeting Gaza/Palestinians in Gaza

  • (NEW) IG INVESTIGATIONS OF USG PARTNERS IN GAZA ASSISTANCE: Section 7069, Part (h) requires that the Inspectors General of the Department of State and USAID conduct investigations of their agencies implementing partners with respect to assistance in the West Bank and Gaza, or “entities that provide logistical support to implementing partners” [I’m pretty sure this is code for UNRWA] in order to determine if “allegations or reports that such entities have employed staff or contractors that are members of, or affiliated with, a United States designated terrorist organization or have participated in any terrorist act, including before, on, or after October 7, 2023, are credible, and, as appropriate, refer their investigative findings for potential criminal, civil, or administrative enforcement remedies.” [in effect a provision accusing US partner organizations of being in league with Hamas]
  • (NEW) [and underscoring that the racist, dehumanizing cruelty really is the point]—NO GAZA REFUGEES IN US: Section 7069, Part (i) states: “None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings ‘Migration and Refugee Assistance’ and ‘United States Emergency Refugee and Migration Fund’ may be used to support the admission and resettlement into the United States of a foreign national from Gaza.”

Random stuff

  • (NEW) Targeting US Universities: During the Full Committee mark-up, a provision was added via en bloc amendment by Diaz-Balart (R-FL) barring any funding in the bill being made available to any U.S. university “that has failed to take administrative action against any student, staff member, or student group that commits acts of antisemitism while utilizing the facilities, grounds, or resources of said institution.”
  • (NEW) Targeting the Maldives: During the Full Committee mark-up, a provision was added via an amendment offered by Clyde (R-GA), barring funding to the Republic of the Maldives “until the Secretary of State determines that the Republic has revoked its ban on Israeli passport holders.”

Also see: House Appropriations Committee approves 2025 State Department funding bill [“The bill restricts funding to the U.N., UNRWA and other international bodies, as well as boosts funding for the U.S. antisemitism envoy”]  (Jewish Insider 6/14/24)

4. FY25 NDAA (House)

This week the House took up HR 8070 (Report), the “Servicemember Quality of Life Improvement and National Defense Authorization Act (NDAA) for FY25.” After 2 days of consideration of amendments on the floor, the bill was passed 6/14/24 by a vote of mostly party-line vote of 217-199 vote (6 Democrats votes “yes”, 3 Republicans voted “no”). The base bill (as always) includes far-reaching Israel/Middle East provisions, which were added to by numerous amendments. Notably, Democrats elected to allow almost all amendments (which were brought to the floor in “en bloc” packages”) to pass by voice votes, rather than demanding roll call votes. Action now moves to the Senate – stay tuned.

My full analysis/summary of the Middle East-related details of the FY25 SFOPS bill and the accompanying report is available here.

Also see:

5. Hearings & Markups

6/11/24: The Senate Foreign Relations Committee held a classified briefing (CLOSED TS/SCI) entitled, Policy Developments and Dynamics in the Middle East. Briefers were Deputy Assistant to the President and White House Coordinator for the Middle East and North Africa Brett McGurk, and Deputy Assistant to the President and Senior Advisor for Energy and Investment Amos Hochstein.

6/13/24: The House Committee on Ways and Means held yet another witch-hunt/kangaroo court hearing entitled, Hearing on the Crisis on Campus: Antisemitism, Radical Faculty, and the Failure of University Leadership. The witness line-up showcased a broad spectrum of views all of which are in total agreement with the title of the hearing: Shai Davidai, Professor at Columbia University (testimony); Ted Deutch, CEO of the American Jewish Committee (testimony); Talia Dror, Student at Cornell University (testimony – back again after testifying at this same committee on a similar topic late last year); Ken Marcus, Brandeis Center (testimony); and Jonathan Pidluzny, America First Policy Institute (testimony).  Also see: hearing video; Chairman Smith Opening Statement – Hearing on the Crisis on Campus: Antisemitism, Radical Faculty, and the Failure of University Leadership; AJC press release – AJC CEO Ted Deutch Tells Congress: Antisemitism Cannot Be Normalized on College Campuses; University tax-exempt status under threat after semester of campus antisemitism (Washington Examiner 6/13/24)

6/18/24: The Senate Foreign Relations Committee’s Subcommittee on Near East, South Asia, Central Asia, and Counterterrorism will hold a hearing entitled, FY 2025 Budget Request for the Middle East and North Africa. Witnesses will be Assistant Secretary of State for Near Eastern Affairs Barbara Leaf and Deputy Assistant USAID Administrator, Bureau for the Middle East Jeanne Pryor.

6. Israel/Palestine in 2024 Politics/Elex

General analysis/News

New York

Virginia

  • Jewish Telegraphic Agency 6/10/24: One of the most Jewish elections in the country is in Northern Virginia [“Eileen Filler-Corn was the first Jewish speaker of the Virginia House of Delegates. State lawmaker Dan Helmer is the son of an Israeli father and the descendant of Holocaust survivors… In addition to the invocations of Jewish identity in the race, pro-Israel money has poured into Filler-Corn’s campaign. Her backers cite her leadership in passing into law a popular yet contentious definition of antisemitism, a bill that Helmer opposed. In public appearances, both have been vocal in backing Israel in its war with Hamas.”]

Oklahoma

  • Jewish News Syndicate 6/11/24: RJC endorses Oklahoma Rep. Tom Cole [“‘Tom Cole played an indispensable role in passing the Israel Security Supplemental Appropriations Act—the bill to provide $14 billion in emergency aid for Israel’s self-defense war in Gaza,’ Norm Coleman and Matt Brooks, national chairman and CEO, respectively, of the RJC said in a statement on Monday. The RJC heads described Cole as a leader in “the difficult fight to compel the Biden administration to deliver the promised aid. When Biden announced his weapons embargo against Israel, Cole spoke out strongly, calling on Biden to ‘stop appeasing terrorists and stand with Israel.’”]

Pennsylvania

7. Selected Media & Press releases/Statements

[NOTE: A huge number of members of Congress posted on social media or issues press releases praising the IDF operation that rescued 4 Israeli hostages in Gaza. Very few acknowledged or expressed any concern for the fact that this mission killed nearly 300 Palestinians and injured many hundreds more – indeed, some explicitly blamed every single Palestinian in Gaza for their own deaths/injury, by blaming every single one of them for the taking/holding of the Israeli hostages. If you want to see what individual members said, check out their accounts on X, FB, etc…]

Oct 7/Israel’s War on Gaza

Targeting the ICC

  • Responsible Statecraft 6/14/24: GOP trying to drive wedge between Dems with Israel votes  – Excerpt – “Republicans in Congress are threatening to obstruct committee legislative activity if the Senate does not vote on a bill sanctioning the International Criminal Court that passed the House last week. Sen. James Risch (R-Idaho), the ranking member of the Senate Foreign Relations Committee, said on Tuesday that he would not sign off on any legislation or nominations in the committee until Democrats agreed to take up the legislation, either in the SFRC or through a floor vote. It is the latest in a series of efforts from the GOP to force Israel-related votes in an attempt to drive a wedge between Democrats.”
  • Cruz (R-TX) 6/11/24: Sen. Cruz, Colleagues, Applaud House Effort to Sanction ICC After Actions Against Israel

The Battle Around Antisemitism & Criticism of Israel/Zionism

Bibi Speech to Congress

Middle East provisions in the House version of the FY25 NDAA (base text)

HR 8070; Report

(published June 14, 2024)

This week the House took up HR 8070 (Report), the “Servicemember Quality of Life Improvement and National Defense Authorization Act (NDAA) for FY25.” After 2 days of consideration of amendments on the floor, the bill was passed 6/14/24 by a vote of mostly party-line vote of 217-199 vote (6 Democrats votes “yes”, 3 Republicans voted “no”). The base bill (as always) includes far-reaching Israel/Middle East provisions, which were added to by numerous amendments. Notably, Democrats elected to allow almost all amendments (which were brought to the floor in “en bloc” packages”) to pass by voice votes, rather than demanding roll call votes. Action now moves to the Senate – stay tuned.

From the funding tables at the end of the bill

  • Israeli Cooperative Programs: $300 million
  • Iron Dome: $110 million
  • Arrow 3 Upper Tier Systems: $50 million
  • Short Range Ballistic Missiles: $40 million

From the bill text

Section 1211: Extension And Modification Of Authority To Provide Assistance To Counter The Islamic State Of Iraq And Syria.

Section 1212: Extension Of Authority To Provide Assistance To Vetted Syrian Groups And Individuals.

Section 1213: Extension And Modification Of Annual Report On Military Power Of Iran. Includes adding new requirement to include “An assessment of the use of civilians by groups supported by Iran to shield military objectives from attack, including groups such as– (A) Hezbollah, Hamas, and the Houthis; and (B) the Special Groups in Iraq.” Also requires “An assessment of the manner and extent to which the advances or improvements in the capabilities of Iran’s conventional and unconventional forces described in this section have affected Israel’s qualitative military edge during the preceding year.”

Section 1221: Sense of Congress (re Syria) — “It is the sense of Congress that the Department of Defense has executed robust and important defense of Al Tanf Garrison before and after the October 7, 2023, attacks and has an effective strategy for defeating the Islamic State of Iraq and al-Sham (ISIS).”

Section 1222: Strategy To Protect The Al-Tanf Garrison

Section 1223: Report And Strategy On The Assad Regime’s Relationship With ISIS.

Section 1224: Strategy To Counter The Assad Regime’s Support And Cooperation With Iran-Backed Militias In Syria.

Section 1225: Report And Strategy On Russia’s Support For Foreign Terrorist Organizations In Syria.

Section 1226: Prohibition Of Recognition Of The Assad Regime.

Section 1232: Ensuring Israel’s Defense.

(a) Statement of Policy.–It is the policy of the United States to  work with Israel to ensure adequate stocks of components and munitions to defend Israel against threats from Iran and Iranian military proxies, such as Hamas, Hezbollah, and the Palestinian Islamic Jihad.

(b) Report.– 

(1) In general.–The Secretary of Defense, in consultation with the Secretary of State, shall, on a biannual basis, submit to the appropriate committees a report on the extent to which Israel is subject to aerial attacks described in paragraph (2) and that contains the matters described in paragraph (3). 

(2) Aerial attack described.–An aerial attack described in this paragraph is an aerial attack, including a rocket or missile attack, that Israel counters by deploying or utilizing– (A) not less than 50 interceptors under its Iron Dome defense system; (B) its David’s Sling defense system; or (C) its Arrow defense system. 

(3) Matters to be included.–The report required by  paragraph (1) shall include a description of the following: 

(A) An identification of– (i) any components or munitions required for the replenishment of the defense systems described in subparagraph (A), (B), or (C) of paragraph (2) deployed or utilized to counter the attack;(ii) any requests made by the Government of Israel to the Government of the United States for any such replenishment;(iii) the funding requirements for any such replenishment;(iv) the Government of the United States’ adjudication of any such requests from the Government of Israel; and(v) the time frame under which the United States can resupply the Israeli Defense Forces with such defense systems and the surge capacity after an incident.

(B) A description of any other funding requirements to support Israeli military operations in defense against Iran or any Iranian military proxies, including Hamas, Hezbollah, or the Palestinian Islamic Jihad.

(C) A description of– (i) the current levels of stocks of components and munitions that would be used for any such replenishment;(ii) the projected needs, including to address emergent requirements, with estimated costs and sources of such replenishment; and(iii) the number of deployments of the defense system described in subparagraph (A), (B), or (C) of paragraph (2) and expenditures of interceptors under the Iron Dome defense system within the reporting period…

Section 1233: Requirement To Conduct Subterranean Warfare Military Exercises.

[excerpt] “Beginning on January 1 of the year that begins after the date of the enactment of this Act, the Secretary of Defense shall require the United States Central Command or other relevant commands, units, or organizations of the United States military services, as the Secretary determines appropriate, to conduct military exercises that–(1) occur not fewer than once in a calendar year; (2) shall include invitations for the armed forces of Israel, provided that the Government of Israel consents to the participation of its forces in such exercises; (3) may include invitations for the armed forces of other allies and partners of the United States to take part in the exercises; (4) seek to enhance the interoperability and effectiveness of the United States military services, the armed forces of Israel, and the armed forces of other allies and partners of the United States in coalition operations; and (5) shall include, if available resources permit, the following activities– (A) practicing or simulating locating subterranean tunnel entrances and exits; (B) practicing infiltrating and mapping subterranean tunnels; (C) practicing maneuvering within subterranean tunnels of varying sizes; and (D) practicing neutralizing or demolishing subterranean tunnels. (b) Sunset.–The requirements in subsection (a) shall terminate on December 31 of the year described in subsection (a).”

Section 1234: United States-Israel Ptsd Collaborative Research.

[excerpt] “(1) Sense of congress.–It is the sense of Congress that the Secretary of Defense, acting through the Psychological Health and Traumatic Brain Injury Research Program, should seek to explore scientific collaboration between American academic institutions and nonprofit research entities, and Israeli institutions with expertise in researching, diagnosing, and treating post-traumatic stress disorder. (2) Grant program.–The Secretary of Defense, in coordination with the Secretary of Veterans Affairs and the Secretary of State, shall award grants to eligible entities to carry out collaborative research between the United States and Israel with respect to post-traumatic stress disorders. The Secretary of Defense shall carry out the grant program under this subsection in accordance with the agreement titled ‘Agreement Between the Government of the United States of America and the Government of Israel on the United States-Israel Binational Science Foundation’, dated September 27, 1972.”

Section 1235: United States And Israel Trauma And Amputee Rehabilitation Education And Training Program With The Medical Corps Of The Israel Defense Forces.

“…The Secretary of Defense shall establish an education and training program to be known as the `United States and Israel Trauma and Amputee Rehabilitation Education and Training Program’ with appropriate personnel of the Medical Corps of the Israel Defense Forces.”

Section 1512: Strategy To Improve The Use Of Air And Missile Defense Partner Sharing Network Capabilities With Allies And Partners In The Middle East.

Excerpt: “…Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a strategy to improve cooperation with respect to air and missile defense efforts between the Department of Defense and allies and partners of the United States located in the Middle East.”

Section 1607: Middle East Integrated Space And Satellite Security Assessment.

Excerpt: “…The Secretary of Defense, in consultation with the Secretary of State, shall conduct an assessment of space and satellite security for the purpose of identifying mechanisms, such as improved multilateral data sharing agreements, that may be implemented to better protect ally and partner countries in the area of responsibility of the United States Central Command from hostile activities conducted by adversaries against space systems of the United States or such countries.”

From the Report accompanying the bill

Support for Block 52 F-16 Fighter Aircraft to the Kingdom of Jordan: “The committee is aware of the importance of the Block 52 F-16 aircraft for the Kingdom of Jordan’s regional security and the advancement of the Middle East Air Defense regional security construct. Amid increased conflict in the Middle East, F-16 Block 52 mission capabilities are critical for the Royal Jordanian Air Force to continue flying alongside coalition forces. Therefore, the committee recognizes the importance of the Jordanian Air Force’s proposal to acquire Block 52 F-16 fighter aircraft.”

U.S.-Israel on Emerging Defense and Anti-Tunneling Technologies: “The committee recognizes the capabilities and solutions that the Irregular Warfare Technical Support Directorate (IWTSD) is providing the U.S. warfighter. IWTSD performs rapid research and development, advanced studies and technical innovation, and provision of support to U.S. military operations. IWTSD’s international program leverages the expertise and resources of partners and allies, on a bilateral basis with limited partners, to develop technologies and capabilities through innovative research and development. The committee commends the results from joint research investments from the international program. IWTSD’s international program has produced technological advances in subterranean capabilities and monitoring, counter-unmanned aerial systems, maritime security, and robotics. Many of these technologies have been applicable to the Israel and Hamas conflict. The committee encourages IWTSD to continue focus on emerging technologies, with strategic partners like Israel, to develop warfare capabilities to meet the challenges of the future, including but not limited to artificial intelligence, cybersecurity, directed energy, and automation. Therefore, the committee authorizes an additional $77.5 million for Combatting Terrorism Technology Support for U.S.-Israel research and development on emerging technologies and anti-tunneling cooperation.”

United States-Israel Anti-Tunnel Cooperation Enhancement: “The committee recognizes the critical importance of the United States and Israel jointly developing anti-tunnel technology to address the complex challenges of locating, mapping, destroying, and maneuvering through attack tunnels. By utilizing this technology since Hamas’ horrific attack on October 7, 2023, the Israeli Defense Forces have discovered over 1,500 new tunnel shafts built under community structures including hospitals, schools, and homes in Gaza including 350 to 450 miles of tunnels. The committee notes that the United States faces subterranean threats on the southern border with Mexico as well as in various operating locations around the world. The committee understands the benefit of this cooperation to enhance the Department of Defense’s ability to confront tunneling challenges posed by criminals, terrorists, and rogue states. To adequately support this effort, the committee provides an additional $30.0 million for United States-Israel Anti-Tunnel Cooperation.“

Bilateral Cooperation on Directed Energy Capabilities for Missile Defense: “The committee is aware that the State of Israel is developing a directed energy solution, known as Iron Beam, to complement the Iron Dome defense system and has requested U.S. support for future production activities. The committee continues to support incorporation of directed energy capabilities for air and missile defense, and encourages the Director of the Missile Defense Agency to explore opportunities to collaborate on the Iron Beam system with Israel, to include potential co-production.“

Iron Dome Production Capacity: “The committee notes that the Israel Security Supplemental Appropriations Act of 2024 contained a significant amount of procurement funding to support the Iron Dome system. The committee is also aware of investments being made to expand U.S. industrial base capacity to expand co-production capacity in the United States, namely at the new Camden, Arkansas, facility. The committee encourages the Department to continue investing in expanding Iron Dome production capacity, to the maximum extent practicable, and to continue to identify opportunities to increase resilience and further expand production in the future.”

Review of Small Purchases from China, Russia, Iran, and North Korea: “The committee notes that the Department, in implementing section 4872 of Title 10, United States Code (84 FR 72239), determined that the restriction on the acquisition of certain metals and magnets from China, Russia, Iran, and North Korea should not apply to acquisitions below the Simplified Acquisition Threshold, using the authority of section 1905 of Title 41. The committee is concerned that this exception may cause certain agencies of the Department of Defense, to include the Defense Logistics Agency, to source aluminum-nickel-cobalt magnets and other permanent magnets from distributors of Chinese-made materials using this exception. The committee is concerned that such acquisitions may undermine the defense industrial base. The committee therefore directs the Secretary of Defense to provide a briefing to the House Committee on Armed Services not later than December 31, 2024, on the use of this exception to purchase aluminum-nickel-cobalt magnets and other permanent magnets from otherwise noncompliant foreign sources…”

Briefing on the Iranian Security Assistance in the Western Hemisphere: “The committee is aware of the required report on ‘Iranian military assistance to Bolivia, Brazil, and Venezuela’ described in Title XVIII of the Joint Explanatory Statement accompanying the National Defense Authorization Act for Fiscal Year 2024 Conference Report. The required report has not yet been delivered to the House Committee on Armed Services. The committee expects delivery of the report as soon as practicable. The committee directs the Secretary of Defense to submit an addendum to the report on ‘Iranian military assistance to Bolivia, Brazil, and Venezuela’ regarding Iranian military assistance to Cuba and Nicaragua to the House Committee on Armed Services not later than December 1, 2024. The addendum should address all required information in the report on ‘Iranian military assistance to Bolivia, Brazil, and Venezuela’ as it relates to Cuba and Nicaragua.”

Captagon Financing: “The committee is concerned with the utilization of the global trade in Captagon by the government of Syria and Iranian-supported terrorist groups to obtain financial resources to support the acquisition of destabilizing types and amounts of conventional weapons and other armaments. The committee directs the Secretary of Defense to submit a  report to the House Committee on Armed Services not later than December 1, 2024, on the Department’s efforts to work with other Federal departments and agencies to counter the Captagon trade in the Middle East, including: (1) a description of interagency or international efforts to counter the Captagon trade in the Middle East that include the Department of Defense and which include money laundering and financial networks associated with the Captagon trade in the Middle East; (2) how the Department of Defense collaborates with other U.S. departments and agencies and international law enforcement organizations to counter the money laundering operations employed by traffickers; and (3) any other matter the Secretary deems relevant.“

Hardening U.S. Bases and Naval Assets in the Middle East: “The Committee views United States military bases in the Middle East as vital for maintaining stability, conducting counterterrorism operations, and supporting partners in the region. These bases continue to face security challenges, including attacks by Iranian-sponsored militias and terrorist organizations and other hostile actors. Therefore, the committee directs the Secretary of Defense to provide a briefing to the House Committee on Armed Services not later than December 1, 2024 on efforts to strengthen the force protection of U.S. bases and naval assets in the Middle East, the briefing should include efforts made to provide physical reinforcements, provide advanced surveillance technologies, strengthening access control points, and reinforcing critical infrastructure and facilities against potential attacks.“

Importance of Continued Defense Cooperation with the Hashemite Kingdom of Jordan: “The Committee recognizes that the Hashemite Kingdom of Jordan has been a long-standing ally of the United States. Jordan has been a long-standing critical partner of the United States providing stability within the Middle East and deterring adversaries within the region. The Committee commends Jordan for defense of its air space on the night of April 13, 2024. The Committee also recognizes the need for additional counter unmanned aerial systems within the CENTCOM region due to the growing threat from Iran and its regional proxies. Therefore, the Committee directs the Secretary of Defense, in consultation with the Commander of U.S. Central Command and the Director of the Defense Security Cooperation Agency, to brief the House Armed Services Committee on any current and future plans to utilize existing authorities, including Section 333 under Title 10, to increase air defense for counter unmanned aerial systems in Jordan to protect United States and partner interests. This briefing shall occur no later than December 1, 2024.”

Iran-Backed Proxies in Iraqi Security Sector: “The committee remains concerned that elements of Iraqi state security under the umbrella of the Iraqi Popular Mobilization Forces, incorporates some Iran-backed Foreign Terrorist Organizations like Kataib Hezbollah and Asa’ib Ahl alHaq, among other Iran-backed proxies. Therefore, the committee directs the Secretary of Defense, in coordination with the Secretary of State, to submit a report to the House Committee on Armed Services and the House Committee on Foreign Affairs not later than March 1, 2025, describing the extent of Iran’s influence on Iraq’s security forces, including elements of the Iraqi Popular Mobilization Forces, and the United States Government’s engagement with the Government of Iraq to bolster the sovereignty of Iraq while limiting malign outside influence.”

Iranian Hardening of Nuclear Facilities: “The committee directs the Secretary of Defense to provide a briefing to the House Committee on Armed Services by October 1, 2024, on Iran’s progress with respect to its nuclear program. The brief should include the following information:    (1) The status of Iranian efforts to harden their nuclear facilities, particularly the new facilities in Natanz;  (2) Kinetic and non-kinetic actions that could be taken against these sites by the United States, and our allies and partners in the region if deemed necessary; and (3) The status of any potential nuclear cooperation between Iran and Russia.”

Left-of-Launch Missile Defeat Capabilities: “The committee notes the Department’s ongoing investment in a spectrum of missile defense and defeat capabilities, including the development and integration of pre-launch, or left-of-launch, operations. The committee believes these activities play an important role as part of a comprehensive approach to addressing evolving missile threats and may have particular relevance to operations in the area of responsibility for U.S. Central Command. Accordingly, the committee directs the Secretary of Defense to provide a briefing to the House Committee on Armed Services, no later than January 1, 2025, that assess the development of pre-launch missile defeat capabilities, including cyber or electronic warfare tools, related to missile threats posed by Iran and Iranian-linked groups.“

Report on Air and Missile Defense Munitions Expended: “The committee is aware that since October 7, 2023, United States forces in the Middle East have been employing air and missile defense capabilities to engage attacks from regional proxy groups supported by Iran, to defend U.S. forces in the region and ensure freedom of navigation. The committee is concerned about the potential impact these efforts may have to global inventory of these high-demand munitions. Therefore, the committee directs the Secretary of Defense, to submit to the House Committee on Armed Services a briefing not later than December 2, 2024, on the following: (1) the total number of air and missile defense munitions by type expended by each military service in the United States Central Command area of responsibility from October 7, 2023, to September 30, 2024; (2) the individual unit cost by type of air and missile defense munition and total cost for each type of munition expended by service during this timeframe; and (3) the assessed effectiveness of each type of munition employed against each threat system to include the number of munitions that did not successfully engage their intended target during this timeframe.”

Report on Iranian Aligned Popular Mobilization Forces: “The committee directs the Secretary of Defense, to provide a briefing to the House Committee on Armed Services not later than December 1, 2024, on the following: (1) determination if U.S assistance has been provided to or to the benefit of Iranian aligned Popular Mobilization Forces for training and professional military education, including through assistance provided to the Iraqi Ministry of Defense; and (2) whether such assistance has gone to the benefit of any person who is a member of a foreign terrorist organization designated by the U.S. Department of State, or any specially designated national designated by the U.S. Department of Treasury.“

Russian, Chinese, North Korean, and Iranian Defense Cooperation: “The committee notes the challenges to U.S. interests and security posed by cooperation between Russia, China, Iran and North Korea. The committee directs the Secretary of Defense, in coordination with the Director of the Defense Intelligence Agency, to provide a briefing to the House Committee on Armed Services not later than December 1, 2024, on the state of defense cooperation between Russia, China, Iran and North Korea…”

Active protection for the Abrams Main Battle Tank: “The Committee is concerned about the vulnerability of US Army ground combat vehicles to rocket-propelled grenades (RPGs), anti-tank guided missiles (ATGMs), and other threats. Fighting in Ukraine and Gaza have further shown the proliferation of RPGs, ATGMs, and other threats to ground vehicles. Over the past few years, the Committee supported the fielding of active protection on four brigades of the US Army Abrams Main Battle Tanks and continued efforts in testing and fielding the system selected for the Bradley Infantry Fighting Vehicle and Stryker. The Committee, however, is concerned that the Army has yet to develop a plan to field APS to additional BCTs of Abrams Main Battle Tank. Therefore, the Committee encourages the Army to develop a plan to procure additional APS kits for additional Abrams Main Battle Tanks and to develop a training plan for the APS system it has fielded. The Committee further directs the Secretary of the Army to provide a briefing to the House Committee on Armed Services by February 1, 2025, on their plan, including a schedule, to field APS to the rest of its Abrams fleet.”

Amendments (tracker)

 

Number Lead sponsor Topic Summary En Bloc
 Result
0761 Schneider (D-IL) Israel (REVISED) Instructs the Secretary of Defense to provide a briefing to HFAC/HASC/HPSCI about US efforts to support Israel’s efforts to rescue the hostages in Gaza. Revision removes sense of Congress and authorizations, and adds findings and a briefing requirement. EB 1 Passed by VV
0589 Fry (R-SC) Israel Declares that Israel is the United States’ greatest ally in the Middle East and demands the release of all hostages held by Hamas EB 1 Passed by VV
1155 Buchanan (R-FL) Israel (LATE) Sense of Congress supporting the mission of the Department of Defense in helping Israel fend of attacks from Hamas by supporting the Iron Dome system EB 1 Passed by VV
0964 Gosar (R-AZ) Jordan (REVISED) Requires the expeditious disclosure of all records relating to the January 28, 2024 attack on Tower 22 in Jordan. EB 1 Passed by VV
0356 Mace (R-SC) F*ck Gaza (REVISED) Prohibits funds authorized or otherwise made available for the Department of Defense in FY25 from being used to build, maintain, or repair a pier off the coast of Gaza, or to transport aid to such a pier. EB 1 Passed by VV
1257 Davidson (R-OH) F*ck Gaza (LATE) (REVISED) Prohibits funding for the acquisition, construction, installation, maintenance, or restoration of a temporary or permanent pier, port, or similar structure off the coast of Gaza, including for the deployment of any equipment or members of the Armed Forces to Gaza relating to such structure. EB 1 Passed by VV
0072 Pfluger (R-TX) Iran (REVISED) Requires the administration to provide information on how proceeds from illicit Iranian oil exports are funding the IRGC and Iranian-backed terrorist proxies. EB 1 Passed by VV
0240 Panetta (D-CA) Middle East (REVISED) Creates a foreign military officer subject matter expert exchange program with key Middle East partners in areas such as artificial intelligence, military doctrine and spending, cyber resiliency, counterterrorism, and more. EB 1 Passed by VV
0282 Gottheimer (D-NJ) Israel (REVISED) Expresses support for joint U.S.-Israel cooperation in the space arena between NASA and the Israel Space Agency, including joint U.S. Air Force and the Israeli Air Force’s newly created Space Force in areas of research, development, test, and evaluation. EB 1 Passed by VV
0287 Gottheimer (D-NJ) Iran (REVISED) Requires the Secretary of Defense to include in their annual report on Military and Security Developments Involving the People’s Republic of China information on the PRC’s burgeoning relationship with the Islamic Republic of Iran. EB 1 Passed by VV
0907 Mast (R-FL) F*ck Gaza (REVISED) Prohibits U.S. funds from building or rebuilding in the Gaza Strip. Debated Passed by voice vote
0920 Ogles (R-TN) Israel (REVISED) Expresses the sense of Congress that the Department of Defense and its agencies should not participate in the Eurosatory defense exhibition if Israeli firms are not allowed to participate or if restrictions or the threat of restriction of any party’s participation in the event is used as a means of deterring Israel from defending itself. Debated Passed by voice vote
1214 Mast (R-FL) on behalf of Arrington (R-TX) F*ck Gaza & F*ck Palestinians (LATE) Prohibits DOD funds from being used for the operation of aircraft to transport Palestinian refugees to the U.S. Debate Passed by vote of 204-199
0758 Boebert (R-CO) Boycott boycotters of Israel or settlements Prohibits DoD from contracting with entities that are engaged in a boycott of the state of Israel. EB2 Passed by VV
0078 Curtis (R-UT) Boycott boycotters of Israel or settlements (REVISED) Prohibits the Secretary of Defense from knowingly permitting the sale, at a commissary store or military exchange, of any good, ware, article, or merchandise from any company that has engaged in or engages in a boycott of the State of Israel. EB2 Passed by VV
0436 Biggs (R-AZ) Israel Expresses a sense of Congress about the importance of the U.S.-Israel relationship and the need to continue offering security assistance and related support. EB2 Passed by VV
0311 Bilirakis (R-FL) Eastern Med (REVISED) Requires a report on multilateral exercises in the Eastern Mediterranean. EB2 Passed by VV
0314 Gottheimer (D-FL) Israel / Egypt (REVISED) Authorizes a Report Authored by the Secretary of Defense to study steps Israel, the US, and Egypt can take to enhance international security measures on the Gaza-Egypt border to ensure Hamas and other actors cannot use tunnels or methods via the Mediterranean Sea to smuggle weapons and illicit goods. Additionally, report will outline/ map existing tunnel networks. EB2 Passed by VV
0338 Roy (R-TX) Iran States that none of the funds authorized to the Department of Defense or otherwise made available by this Act may be made available directly or indirectly to the Government of Iran. EB2 Passed by VV
0486 Curtis (R-UT) Iran (REVISED) Modifies and updates a report regarding Iranian involvement in the narcotics trade. EB2 Passed by VV
0694 Moskowitz (D-FL) F*ck Gaza (REVISED) Requires an assessment of the accuracy of Gaza Ministry of Health Casualty Reporting. EB3 Passed by VV
0769 Schneider (D-IL) Iran (REVISED) Requires a DOD briefing on Iranian support for nonstate actors in North Africa. Revision changes ‘stop Iran’ to ‘deter Iran’. EB3 Passed by VV
0778 Schneider (D-IL) Hamas (REVISED) Instructs Secretary of Defense and Director of DIA to advocate on the Foreign Threat Intelligence Committee for $25,000,000 incentives for information regarding top Hamas terrorists. Amendment unchanged– description revised. EB3 Passed by VV
0794 Schneider (D-IL) Morocco (REVISED) Recognizes the African Lion exercise hosted by Morocco and requires a report to Congress. Revision adds HFAC/SFRC as report recipients. EB3 Passed by VV
0888 Wilson (R-SC) Iran (REVISED) Prohibits DOD from providing funds to Badr Organization EB4 Passed by VV
0894 Jackson (R-TX) Israel (REVISED) Authorizes cooperation between the United States and Israel on emerging technology capabilities. EB4 Passed by VV
0908 Wilson (R-SC) Israel (REVISED) Requires a report regarding the assessment of Israel integration into the National Technology Industrial Base. EB4 Passed by VV
0992 Ivey (D-MD) Iran (REVISED) Directs the GAO to study, and issue a report on, the potential threats to US interests posed by Iran, China, Russia, and other adversarial States through the antagonistic use of extraterrestrial satellites for combat, incapacitation of other satellites, cybersecurity intrusions, debilitation of critical infrastructure, and other aggressive purposes. EB4 Passed by VV
1038 Nunn (R-IA) Israel Directs the Secretary of Defense to establish a strategic partnership between the Defense Innovation Unit (DIU) and the Israeli Ministry of Defense. EB4 Passed by VV
1057 Banks (R-IN Iran (REVISED) Requires a report on Iran’s installation of advanced centrifuges since 2021 and on Iran’s plans to install centrifuges at new facilities. EB4 Passed by VV
1276 Edwards (R-NC) Other (LATE) Revokes the security clearances to retired or active members of the Armed Forces or Department of Defense personnel that express support for a terrorist organization or engaged in a demonstration supporting a terrorist organization. EB5 Passed by VV
0285 Gottheimer (D-NJ) Iran (REVISED) Requires the Secretary of Defense to report on the status of U.S.-Israel cooperation on efforts to counter threats by Iran in the form of unmanned aerial systems (UAS), including loitering munitions, otherwise known as “suicide” and “kamikaze” drones. EB5 Passed by VV

 

FY25 SFOPS – House

(published June 14, 2024)

State-of-play: On 6/12/24, the House Appropriations Committee marked up and passed (by a vote of 31-26) the base text of the FY25 State and Foreign Operations Appropriations bill and its accompanying report. Also see: summary (Republicans); summary (Democrats); Fact Sheet (Democrats). That hearing (video here) featured – predictably – lots of grandstanding in support of Israel and point-scoring against Palestinians, including amendments reflecting both (for a summary of Democratic amendments rejected by Republicans, and Republican amendments adopted, see the Committee’s 6/12/24 press release, Committee Approves FY25 State, Foreign Operations, and Related Programs Appropriations Act. Next up: debate/amendments on the House floor (stay tuned).

Important Background/Context to Understand this bill: As was the case last year, it is clear that Republicans did not draft this bill with any expectation that it would attract bipartisan support in the House, or that Senate Democrats would permit it to pass into law in its current form.  Rather, this bill is about Republicans scoring populist, political points in the countdown to the November 2024 elections. That said, the fact that this won’t pass into law does not mean people should dismiss or ignore what it contains. Rather, this bill should be understood as a roadmap of what Republicans WILL pass into law if and when they have the power to do so.

The Middle East in the House FY25 SFOPS bill: Like the FY2024 bill, but even more so, the FY25 SFOPS bill in an expression of both unwavering, almost cult-like support for Israel and, relatedly, pathological antipathy toward any program, agency, body, government, funding, or office that Israel objects to or that in any way is viewed as critical of Israel or supportive of the Palestinians (and as noted vis-a-vis the FY24 bill, in adopting this approach, Republicans are standing on the shoulders of Democrats who have for years used this exact same framing in their own pro-Israel grandstanding). This approach, if it were to pass into law, would represent the most openly anti-Palestinian, anti-UN, anti-diplomacy, pro-Israeli impunity U.S. foreign policy in history. Full details are below.

————————————————————–

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 $798,196,000, “as authorized, to carry out international communication activities, and to make and supervise grants for radio, Internet, and television broadcasting to the Middle East”.

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, 2025, 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, 2025, to remain available until expended.” 

TITLE III — BILATERAL ECONOMIC ASSISTANCE

Development Assistance (DA): In the Report accompanying the bill, the table laying out Development Assistance (DA) allocations includes $10 million for Morocco.

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

  • Middle East Partnership Initiative (MEPI): $30 million
  • Middle East Regional Cooperation (MERC): $10 million
  • Morocco: $10 million
  • Near East Regional Democracy: $58 million, of which $5 million is for NED
  • Nita M. Lowey Middle East Partnership for Peace Act: $50 million
  • USAID-Israel Development Cooperation: $4 million

The Report accompanying the bill adds:

  • Middle East Regional Cooperation (MERC): ”The Committee directs $10,000,000 be made available for the MERC program to facilitate scientific research collaboration in the Middle East, including between Arabs and Israelis.”
  • USAID-Israel international development cooperation: “The Committee directs $4,000,000 to support cooperative projects to address sustainability challenges relating to water resources, agriculture, and energy storage consistent with section 1278 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).”

Migration & Refugee Assistance (MRA): The bill stipulates that, “not less than $6,500,000 shall be made available for refugees resettling in Israel.” NOTE: The current earmark for MRA for Israel dates back to the 1990s and the influx of Jews to Israel from the former Soviet Union. As those refugee numbers decreased, the earmark has diminished, leveling off at $5 million a year since 2019 [which given the numbers of actual refugees Israel is absorbing these days is actually a huge amount per capita]. But with this bill, the House GOP has apparently decided to reverse that trend, increasing the earmark by (at least) a whopping 13% (under this provision $6.5 million would be the floor, not the ceiling, for funding available to Israel in the category). For more on the history of MRA for Israel, see this report from the Congressional Research Service. The report accompanying the bill states simply that “The Committee provides not less than $6,500,000 for refugees from the former Soviet Union, Eastern Europe, and other refugees resettling in Israel” – without explaining why the increase.

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 $30 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 report accompanying the bill lays out FMF for the Middle East as follows:

  • Bahrain – $4 million
  • Egypt – $1.375 billion
  • Israel – $3.3 billion
  • Jordan – $475 million
  • Morocco – $10 milion

TITLE VII – GENERAL PROVISIONS

Section 7004: Diplomatic Facilities — Part (e) of this section stipulates that, “None of the funds appropriated or otherwise 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 — This is a perennial provision 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 — This is a perennial 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 — This is a perennial 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 back 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): Iran, Iraq, Lebanon, Libya, Syria, Tunisia, Yemen. 

Section 7021: Prohibition on assistance to governments supporting international terrorism — Perennial 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 terrorists, or is controlled by a terrorist organization. The section includes national security waivers for both restrictions. 

Section 7030: Economic Resilience Initiative — 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 7033: International Religious Freedom — 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 (i)(5)  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, 2030 [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.
  • NEW Part (b)(5) is entitled, “War Reserve Stockpile Authority.” It stipulates that “For fiscal year 2025, section 514(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)) shall not apply to defense articles to be set aside, earmarked, reserved, or intended for use as reserve stocks in stockpiles in the State of Israel.” What this means, in effect, is that for FY25, Israel can legally obtain unlimited amounts of defense articles from US war reserve stockpiles.
  • Part (c)(2) lays out limitations related to landmines and cluster munitions.
  • Part (c)(3) is entitled “Crowd Control.” This perennial provision 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.”
  • NEW Part (c)(5) is entitled, “Delivery of Withheld Items.” It stipulates that, “Any defense article and defense service withheld from delivery to Israel by the Department of State as of the date of enactment of this Act, including those contracted through Direct Commercial Sales for the Ministry of Public Security, shall be delivered to Israel not later than 15 days after the date of the enactment of this Act: Provided, That 50 percent of the funds appropriated or otherwise made available by this Act under the heading ‘Diplomatic Programs’ and made available for the Office of the Secretary shall be withheld from obligation until the Secretary of State certifies and reports to the Committees on Appropriations that the defense articles and services described in this paragraph have been delivered to Israel.” What this means, in effect, is that House Republicans are seeking to condition key funding for the Department of State/US national security on delivery of military assistance to Israel, irrespective of any US legal requirements that might impede that delivery (in what backers of this provision no doubt see as an awesome example of owning “anti-Israeli libs” who have been calling for conditions on US aid to Israel As in, “you wanted conditions, we’ll give you conditions!”
  • NEW Part (c)(6) is entitled, “Obligation Requirement.” It stipulates that, “The Secretary of State shall obligate any remaining unobligated balances of funds appropriated or otherwise made available before the date of enactment of this Act for assistance for Israel not later than 30 days after the date of enactment of this Act.” What this means, in effect, is that House Republicans are seeking to compel the Executive to drop even the pretense that aid to Israel is subject to any of  requirements that exist under law and are supposed to apply to all aid recipients.
  • CONSPICUOUSLY MISSING: Not included in this section is a provision in current law, Part (d), entitled “Leahy Law,” which states: “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 — Perennial 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 — Perennial provision (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 – this sub-section 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 – this sub-section 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 – This subsection 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): AUDIT – this sub-section 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.”
  • Part (e): AUDIT – this subsection 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 2025 under the heading ‘Economic Support Fund’”
  • Part (f): NOTIFICATION – this subsection 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 

>Prohibiting aid to the PA: Part (a) bars any funds from this act being used to provide funding to the Palestinian Authority.

>Waiver of Prohibition on Aid to the PA (but not really): 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.” [Note: Don’t let Part (b) fool you. Part (e), below, turns what otherwise looks like a clean national security waiver into an exercise in which the Executive’s ability to support/defend/promote US national security is made conditional on factors that are outside US control; as in, if the Secretary of State cannot make the certification required under part (e) of this section, the president cannot exercise the “waiver” provided under part (b) of this section, US national security be damned].

>Limitations on that supposed waiver: 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 conjunction 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 conjunction 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.”

>Barring Aid to the PLO, Hamas, or any power-sharing govt: Part (f), is a long subsection 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 for  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.” NOTE: The formulation in this legislation, which dates back to the Obama era, was explicitly 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.

===============================================

Section 7041: Middle East and North Africa

>Normalization, the Abraham Accords, & Boycotts/BDS

From the report accompanying the bill:

  • Abraham Accords: “The Committee notes the increased understanding, cooperation, and interfaith dialogue brought about by peace and normalization agreements between Israel and Arab states, including the Abraham Accords, and encourages continued progress to expand these agreements, the Negev Forum, and other multilateral efforts. The Committee further notes the need for dedicated resources to support these efforts to expand the foundation and build upon previous progress. The Committee directs the Secretary of State to ensure resources are available to leverage, strengthen, and expand existing peace and normalization agreements and establish new ones. The Secretary shall consult with the appropriate congressional committees on the availability of flexible resources and intended uses of such funds.”
  • Arab League boycott of Israel: “It is the sense of the Committee that: (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, remain an impediment to trade and investment in the Middle East and should be terminated immediately, as should the Central Office for the Boycott of Israel; (2) several Arab states and Israel have made important progress toward peace through treaties, including the Abraham Accords, and normalization agreements, which open a path toward a more stable and prosperous Middle East; (3) all Arab League states should join Egypt, Jordan, the United Arab Emirates, Bahrain, Morocco, and Sudan in establishing and normalizing relations with Israel, in addition to promoting peace negotiations, economic cooperation, and security cooperation between Israelis and Palestinians; (4) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel; and (5) the President should support broadening and deepening participation in the Abraham Accords, and other normalization agreements, and report annually to the appropriate congressional committees on the United States strategy, including steps being taken by the United States to encourage additional Arab League and other Muslim-majority states to normalize relations with Israel, and the prospect of advancing peace between Israelis and Palestinians.”
  • NEW & IMPORTANT Boycott, divestment, and sanctions (BDS) annual report: “The Committee remains concerned about international efforts to stigmatize and isolate Israel through the BDS movement. The Committee directs, as part of the report required in the previous paragraph, that the President add information about the BDS campaign, which shall cover companies, international organizations,countries, and other organizations, including state investment vehicles, that are involved in promoting the movement and specific steps the Department of State has taken or expects to take to discourage or end politically-motivated efforts to boycott, divest from or sanction Israel and Israeli entities. Such reporting requirement shall not be considered met by the requirements of section 909 of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–125).”
  • *****NEW & EXTREMELY IMPORTANT**** BDS vetting: “The Secretary of State shall expand vetting policies and practices to ensure that United States assistance is not provided to or through any individual, private entity, government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, the BDS movement. The Committee directs the Secretary and Administrator of USAID to strengthen policies and procedures to ensure organizations supported through funding are not participants in the BDS movement.” NOTE: This is an effort by some in Congress (not for the first time) to compel USAID partners and grantees to agree, as a condition for working with or receiving funding from the US, they do not and will not boycott Israel or engage in any form of differentiation between Israel and settlements. And if past is precedent (the past being the experience of lawfare actors seeking to weaponize USAID contracts), the requirement will be read as broadly as possible, in effect making it impossible for the US to work with key international organizations and partners (including European governments and their agencies), most of which, consistent with international law, differentiate between Israel and settlements.

In a different part of the Report, the Committee also stipulates:

  • *****NEW & EXTREMELY IMPORTANT**** BDS vetting: “Not later than 90 days after the date of enactment of this Act, the Secretary of State shall update the report required under this heading in House Report 118–146 on steps taken to expand vetting policies and procedures to ensure that organizations receiving United States assistance do not directly or indirectly participate in or promote the BDS movement.” NOTE: See comment above.
  • Israel Normalization Act implementation: “The Committee directs the Secretary of State to provide annual updates to the appropriate congressional committees on work conducted under the purview of the Israel Relations Normalization Act and on the United States strategy to strengthen, expand, and promote normalization agreements with Israel, consistent with sections 105 and 106 of division Z of Public Law 117–103. The Committee further directs the Secretary to submit an update to the report required under this heading in House Report 118–146, not later than 90 days after the date of enactment of this Act, that evaluates efforts by countries to advance efforts to combat hate and promote tolerance, including to discourage violence and intolerance through educational materials.”

Hostages in Gaza — From the report accompanying the bill, “Efforts to release hostages.—The Committee is outraged by the lack of progress to free American, Israeli, and other nationals held captive in Gaza by Hamas since October 7, 2023. The Committee notes that the freedom of those held captive is a top United States national security objective and urges partners and allies in the region to prioritize meeting this objective and achieving the release of the hostages.”

>7041(a): Egypt

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

  • ESF: Not less than $125 million is for ESF.  The section stipulates that these funds “shall include support for higher education programs 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, democracy programs, and for development programs in the Sinai.”
  • FMF: Not less than $1.3 billion “shall 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.” The bill also provides not less than $75 million in additional FMF “for assistance to Egypt.”

The Report accompanying the bill notes with respect to Egypt:

  • The Committee notes that the United States and Egypt share a mutual interest in Middle East peace and stability, economic opportunity, and regional security. Since the Camp David Accords, United States assistance to Egypt has played an important role in the country’s economic and military development. The Committee recognizes the enduring Egypt-Israel peace agreement as well as Egypt’s ongoing efforts to combat terrorism and counter Iran’s malign influence in the region. Supporting a stable, democratic, and prosperous Egypt continues to be a core objective of United States foreign policy.
  • The Committee recommendation includes not less than $1,425,000,000 for assistance for Egypt. Pursuant to subsection (a)(2), an additional $75,000,000 under Foreign Military Financing Program is included to make up for the fiscal year 2021 Foreign Military Financing Program funds that expired before being made available for the intended purpose pursuant to section 7041(a) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116-260). In addition to amounts provided in subsection (a), the Committee directs that $2,000,000 be made available from Non-proliferation, Anti-terrorism, Demining and Related Programs and $2,000,000 be made available from International Military Education and Training, which is the same as the request.
  • Pursuant to subsection (a)(3), the Committee directs that $40,000,000 of the funds appropriated under Economic Support Fund and made available for assistance for Egypt be allocated for higher education programs in Egypt, including $17,500,000 for scholarships. Not later than 90 days after the date of enactment of this Act, the Administrator of USAID shall brief the Committees on Appropriations on implementation of funds made available for scholarships in Egypt.

In a separate section, the Report also notes:

  • Religious freedom: “Not later than 90 days after the date of enactment of this Act, the Secretary of State shall update the report required under this heading in House Report 117–84 concerning the treatment of Christian communities in Egypt.”

>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:

  • 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).
  • 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 states: “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); (B) made available to any foreign entity or person that is subject to United Nations or United States bilateral sanctions with respect to the Government of Iran; or (C) 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).” [NOTE: (B) in the above requirement is new this year]

The Report accompanying the bill notes, with respect to Iran:

  • “The Committee continues to support the Iranian people’s desire for democracy and fundamental freedoms, including the right to elect the country’s leadership through free and fair elections. The proven ability of Iranian women to bravely lead the demands for rights and change is recognized and commended by this Committee and met with a commitment to continue support from the American people.”
  • “The Committee recognizes the Government of Albania’s role in upholding the fundamental rights of Ashraf–3 residents, including the right to life, liberty, security, protection of property, and freedom of expression and assembly.”

Elsewhere in the Report, the Committee stipulates:

  • Iranian Revolutionary Guard Corps: “The Committee notes that while the United States has sanctioned the Iranian Revolutionary Guard Corps (IRGC) as a foreign terrorist organization, many treaty allies in Europe and Asia have not done so. Not later than 90 days after the date of enactment of this Act, the Secretary of State, in conjunction with the Secretary of the Treasury, shall submit to the appropriate congressional committees a public report detailing the extent to which allied nations’ decision not to sanction the IRGC undermines the effectiveness of United States sanctions. Such report shall also include suggested methods by which the United States could convince treaty allied nations to do so through economic incentives or other means. Such report shall be submitted in unclassified form but may include a classified annex.”
  • Iranian internet: “The Committee directs the Secretary of State, not later than 90 days after the date of enactment of this Act, to report to the appropriate congressional committees on the progress of programs promoting internet access and internet freedom in Iran, as part of the comprehensive strategy required by section 414 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158)”

>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 Report accompanying the bill states:

  • “Within the amount provided for assistance for Iraq under Economic Support Fund, the Committee directs $15,000,000 be made available to support American-style higher education institutions in Iraq, including in the KRI, on an open and competitive basis. Such funds may include support for non-degree and certificate granting programs at such institutions that equip graduates of universities, institutes, and secondary schools with the knowledge and skills required to obtain gainful employment in the private sector. The Secretary of State and Administrator of USAID, as appropriate, shall include funds to be allocated for this purpose in the spend plan submitted pursuant to section 7062(b) of this Act.”

In a separate section, the Report also stipulates:

  • Iranian militia owned companies: “The Committee is aware that the designated foreign terrorist organization Kataib Hezbollah, an Iranian backed militia, owns an Iraqi company known as the Muhandis company. This company has become enmeshed in Iraq’s economy and may be receiving funds from United States regional partner governments. Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report that examines the potential of this company, and any similar companies owned or controlled by Iranian-backed terrorist organizations operating in Iraq or the wider region, to avoid United States sanctions. Such report shall be submitted in unclassified form but may include a classified annex.”

>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 $450,300,000 for procurement in Israel.

The Report accompanying the bill notes:

  • …The Committee reaffirms its support of the 2016 United States-Israel Memorandum of Understanding, which demonstrates the United States’ unshakable commitment to the security of Israel and to ensuring that Israel’s qualitative military edge and defense capabilities are maintained. The Committee strongly believes in the right and ability of Israel to defend itself against the wide range of threats it faces and believes that a close United States-Israel security partnership benefits the interests of both countries. The Committee further believes that by contributing to a safe and secure Israel, United States assistance positively contributes to any progress towards peace achieved through direct negotiations between Israel and the Palestinians.”
  • “The Committee notes that emergency supplemental funds for Israel were requested by the President and provided by Congress, including humanitarian assistance for Israel. The Committee expects funds be made available to address humanitarian needs in Israel, such as safe medical transport, in light of continued attacks on the civilian population by Hamas and Hezbollah.”

>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’.” It also stipulates that not less than $400 million of additional ESF “shall be made available for assistance for Jordan, which shall be made available for budget support”, and not less than $50 million of additional FMF “shall be made available for assistance for Jordan”.

The Report accompanying the bill states:

  • “The Committee notes the importance of the United States relationship with the Kingdom of Jordan and the strong leadership that Jordan continues to play in advancing peace and stability in the region. The Secretary of State and Administrator of USAID shall continue to support economic reforms, including budget support, to help ensure Jordan’s long-term stability and help mitigate the impact of hosting large numbers of refugees.”
  • “Subsection (e)(1) directs not less than $1,650,000,000 for assistance for Jordan. Of the total amount provided, the Committee directs that not less than $2,500,000 be made available from International Narcotics Control and Law Enforcement, $10,400,000 be made available from Nonproliferation, Anti-terrorism, Demining and Related Programs, and $3,800,000 be made available from International Military Education and Training, which is the same as the request.”
  • “Subsection (e)(2) provides an additional $450,000,000 from funds appropriated by this Act for assistance for Jordan to address urgent needs resulting from the malign activities of Iran and its proxies.”

>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: the bill 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.”

The Report accompanying the bill states:

  • “Subsection (f) is modified from the prior year by deleting language making Economic Support Fund assistance for Lebanon available notwithstanding any other provision of law. The bill continues the requirement that certain conditions be met prior to the obligation of Foreign Military Financing Program for Lebanon. The Committee intends that assistance provided to the Lebanese Armed Forces (LAF) not be used against Israel and such assistance will not affect Israel’s qualitative military edge in the region.”
  • “…The Committee directs that support be continued at not less than the prior year under Economic Support Fund for the Lebanon scholarship program and under Development Assistance for the undergraduate and graduate scholarship program for refugees in Lebanon. The Administrator of USAID is directed to consult with the Committees on Appropriations on an ongoing basis regarding how the programs will be administered consistent with the prior year and by not-for-profit educational institutions in Lebanon that meet the standards required for American accreditation and other matters related to implementation.”
  • “The Committee notes the important and enduring partnerships with institutions of higher education in Lebanon and directs the Secretary of State and Administrator of USAID to consult with the Committees on Appropriations on funding for such institutions, including funding made available pursuant to section 7060(a)(2).”
  • “The Committee supports continued funding for the Middle East Partnership Initiative scholarship program at not less than the prior year. Scholarships should be made available for institutions that meet standards comparable to those required for American accreditation and should be awarded in a manner consistent with prior fiscal years, including on an open and competitive basis.”

In a different part of the Report, the Committee stipulates:

  • LAF performance: “Not later than 45 days after the date of enactment of this Act, the Committee directs the Secretary of State to submit to the appropriate congressional committees an updated report, in classified form if necessary, on the performance of the LAF, including an assessment of its operational capabilities and how the training, curriculum, and equipment provided by the United States contributes to those capabilities.”
  • Hezbollah influence: “The Committee continues to be concerned about Hezbollah’s growing influence within the Government of Lebanon. The Committee directs the Secretary of State to submit a report to the Committees on Appropriations, not later than 45 days after the date of enactment of this Act, on: (1) the extent of Hezbollah’s influence within such government, including within the LAF; (2) the steps being taken to prevent the use of Lebanon as a safe haven for terrorist groups; (3) the implementation of United Nations Security Council Resolution (UNSCR) 1701; (4) the prevention of Hezbollah’s building of cross-border tunnels into Israel and weapons factories inside Lebanon; (5) the risks associated with the reported development of precision-guided missiles by Hezbollah and (6) the extent of Hezbollah’s influence on the judicial and financial sectors of Lebanon.”
  • United Nations Interim Force in Lebanon (UNIFIL): “The Committee remains concerned about UNIFIL’s ability to fulfill its mandate in southern Lebanon to assist the LAF in establishing an area free of any armed personnel, assets, and weapons other than those of the government and of UNIFIL as well as accessing suspected tunnel sites and other areas of concern along the Blue Line. Not later than 90 days after the date of enactment of this Act, the Committee directs the Secretary of State to submit a report to the appropriate congressional committees assessing UNIFIL’s efforts to detect tunnels built by Hezbollah in southern Lebanon and the steps the Secretary and United States Ambassador to the United Nations are taking to urge the United Nations Security Council to sanction Hezbollah for violations of UNSCR 1701. The report should also include an assessment of whether UNIFIL is complying with its new requirement to increase its visible presence in southern Lebanon and oversee the LAF’s accelerated deployment in southern Lebanon.”

>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 Report accompanying the bill states: “Within the amount provided for Morocco, the Committee recommendation includes not less than $10,000,000 under Economic Support Fund, not less than $10,000,000 under Development Assistance, and $10,000,000 under Foreign Military Financing Program”

>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) may 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 that in the FY24 law, part (C) says “should not” rather than “may not”].

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-à-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).]

The Report accompanying the bill states:

  • …The Committee remains concerned about the lengthy displacement of Syrians, as well as the needs of host communities in Turkey, Lebanon, Jordan, and Iraq, among other countries that are continuing to experience compounding shocks, particularly to support recovery in the wake of natural disasters, such as the 2023 earthquakes in Turkey and Syria. The Committee urges the Department of State to continue to: (1) assist host countries to expand their national systems and local government capacities to accommodate refugee needs; (2) increase host country capacity to deliver basic services to their own citizens; (3) employ policies and programs to close gaps in distribution of need-based aid; and (4) support refugee returns if they are safe, dignified, and voluntary.
  • The Committee encourages the Secretary of State and Administrator of USAID, in compliance with the limitations on assistance of paragraph (2), to utilize humanitarian and stabilization funds for local Syrian and diaspora organizations, as well as international NGOs, to help implement lifesaving interventions in Syria, including support for emergency medical and rescue response and chemical weapons investigations, and further engage in diplomatic efforts to encourage increased donations for such assistance from United States allies and partners.
  • The Committee urges the Administration, within the requirements of this Act, to work to ensure continued delivery of humanitarian aid into and within Syria.

>Section 7041: Tunisia

There is no Tunisia-related funding or provisions in the bill text. However, the Report accompanying the bill notes: “The Committee is alarmed by the deterioration of rights and freedoms in Tunisia since the shutdown of the parliament in July 2021. Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report outlining the United States strategy for supporting democracy in Tunisia”

>Section 7041(j): West Bank and Gaza

The bill includes no earmark (hard or soft) for assistance for either the West Bank or the Gaza Strip. Instead, this section lays out (and expands) limitations, restrictions, etc, on aid to the West Bank and Gaza.

Barring Aid to the PA: Part 1(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.” 

  • As in previous years, no waiver is provided in the case of a Palestinian-initiated or Palestinian-backed effort ICC investigation [as is the case 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).
  • NEW & IMPORTANT — The current bill text eliminates what had up until now been a perennial part of this section: language enabling the the Secretary of State 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.” Meaning if the Palestinians join any additional UN agencies, the US cannot provide them any aid, irrespective of any US interests etc.

Preventing the PLO Office from Re-Opening in the U.S.: Part 1(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.”

  • NEW & IMPORTANT: This bill layers on another condition for allowing the Palestinians to re-open representation in the U.S.—requiring the President to certify that the Palestinians have not “initiated any further action, whether directly or indirectly, based on an Advisory Opinion of the International Court of Justice that undermines direct negotiations to resolve the Israeli-Palestinian conflict, including matters related to final status and Israel’s longstanding security rights and responsibilities.” [as in, they are adding in a condition that has already been violated]
  • IMPORTANT: In past years, the bill has permitted the President to waive ban on the Palestinians re-opening some kind of representative office in the US, based on 2 conditions: 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.” In this new bill text, the requirements for using the waiver have escalated, demanding that the Palestinians, “have entered into direct and meaningful negotiations with Israel” — a requirement that the Palestinians literally do not have the power to meet unilaterally [as in, it takes two to tango…]. Also— and points for honesty here— the new bill eliminates what was already merely a token reference to concerns about US national security.
  • NEW & EXTREMELY IMPORTANT: DEFUNDING US DIPLOMATS WHO DEAL WITH PALESTINIANS — Part (1)(c) of this section states simply: “None of the funds appropriated or otherwise made available by this Act may be made available for the Office of Palestinian Affairs, Department of State.” NOTE: The Office of Palestinian Affairs is the part of the US Embassy in Jerusalem responsible for dealing with Palestinian-related issues and engaging Palestinians – so in effect this is an effort to end US diplomatic outreach to and engagement with Palestinians.

Application of Taylor Force Act: Part 2 of this section states: “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).”

Relatedly, the Report accompanying the bill includes (in different sections of the report):

  • Compliance with the Taylor Force Act— “The Committee underscores the importance of full compliance with the restrictions of the Taylor Force Act (title X of division S of Public Law 115–141) and continued efforts to fully implement the law, including increasing diplomatic efforts to end the Palestinian Authority’s practice of paying salaries to terrorists serving in Israeli prisons and paying for acts of terrorism. As described in section 7040 of this Act, and in compliance with the Taylor Force Act, no funding made available by this Act shall be provided to the Palestinian Authority.”
  • Prisoner payments— “Not later than 90 days after the date of enactment of this Act, the Secretary of State is directed to submit a report to the appropriate congressional committees on the status of negotiating an end to the Palestinian Authority’s practice of paying salaries to terrorists and families of terrorists serving in prison and other forms of such support.”

Security report: Part 3 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..”

  • 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.”

Incitement report: Part 4 of this section states: “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 bill of course nowhere acknowledges, let alone calls for action to address, the non-stop genocidal, racist, violent, dehumanizing, hateful rhetoric and incitement that is being produced every by Israeli politicians, media figures, active-duty soldiers, and hasbara heroes  – and disseminated by them, giddily, on media and social media pretty much every day since October 7th).

NEW & EXTREMELY IMPORTANT: Directive: Part 5 of this section states: “Beginning in fiscal year 2025,the Secretary of State shall bifurcate the budget operating unit of ‘West Bank and Gaza’ into separate units.” NOTE: Under the Oslo Accords (which the US ostensibly still supports), the West Bank and Gaza Strip are to be treated as a single territorial unit. Efforts to bifurcate them into separate units align closely with longstanding efforts of Greater Israel advocates.

The Report accompanying the bill states:

  • “Monitoring, notification, and vetting.—The Committee directs the Secretary of State and Administrator of USAID to promptly inform the appropriate congressional committees of any alleged incident involving any United States assistance used in such a way that adversely affects or jeopardizes such assistance. This includes any incidents where United States assistance has directly or indirectly been provided to an individual or organization with ties to terrorism or incitement of violence.”
  • “The Committee notes allegations of assistance provided to individuals or entities engaging in political activities and directs the Secretary of State and Administrator of USAID to expand vetting policies and practices to include an assessment of political neutrality and a review of statements by individuals or organizations that constitute engagement in political advocacy, incitement, or support for terrorism that would cause operational and reputational risks for the United States Government.”
  • “Nita M. Lowey Middle East Partnership for Peace Act.—The Committee supports efforts that foster reconciliation and engagement and therefore recommends not less than the prior fiscal year level under Economic Support Fund for the Nita M. Lowey Middle East Partnership for Peace Act (title VIII of division K of Public Law 116–260).”

>Western Sahara

There bill text doesn’t mention Western Sahara, but the Report accompanying the bill notes (in separate sections of the Report):

  • Middle East Partnership Initiative availability and consultation requirement.— “The Committee recommends funds under title III of this Act, which shall be made available for assistance for the Western Sahara. Not later than 90 days after the date of enactment of this Act, and prior to the obligation of such funds, the Secretary of State, in consultation with the Administrator of USAID, shall consult with the Committees on Appropriations on the proposed uses of such funds.”.”
  • United Nations political process on Western Sahara.— “The Secretary of State shall continue to support a United Nations-led political process that achieves a just, lasting, and mutually acceptable political solution in accordance with relevant United Nations Security Council resolutions.”

>Section 7041(k): Yemen

Bill text states (new): “None of the funds appropriated by this Act may be used to revoke the designation of Ansarallah as a Specially Designated Global Terrorist group.”

The Report accompanying the bill states:

  • The Committee recommendation includes funds appropriated under title III and Nonproliferation, Anti-terrorism, Demining and Related Programs for support of health, humanitarian, and stabilization efforts in Yemen, including demining operations and support for Yemeni local and community-based organizations.
  • The Committee remains concerned by the absence of accountability for civilian harm, crimes against humanity, and other violations of international law, including obstruction of humanitarian assistance, by Houthi rebels and other malign actors in Yemen. The Committee urges the Secretary of State to lead efforts to restore an independent, international, and adequately resourced human rights monitoring and reporting mechanism in Yemen as soon as possible. The Committee directs the Secretary to prioritize and ensure the meaningful inclusion and participation of Yemeni women and civil society organizations in the peace process and to emphasize the rights and needs of children in any lasting peace agreement.”

===============================================

Section 7046: Europe and Eurasia

Part (c) of this section of the bill states (perennial language): “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.”

The Report accompanying the bill also notes:

  • The Committee remains concerned about the harassment of dissidents in Turkey and abroad. The Committee urges the Secretary of State to assess the threats posed to dissidents and ensure available and relevant information, as appropriate, is shared with these individuals in a timely fashion”

Section 7048: United Nations

NEW & EXTREMELY IMPORTANT: Withholding of 15% of US funding to the UN & UN Agencies— Part (a) of this section requires the withholding from obligation of 15% of the US contribution to  to the United Nations, “including the Department of Peacekeeping Operations), international organizations, or any United Nations agency,” until the Secretary of State determines and reports to the appropriate congressional committees that the organization, department, or agency is meeting a laundry list of requirements, including “taking credible steps to combat anti-Israel bias.”

NEW & EXTREMELY IMPORTANT: Legislating the IHRA Definition of Antisemitism—The Report accompanying the bill notes: “Accountability report.—In carrying out the requirement of subsection (a), the Secretary of State shall also consider and report on efforts to combat antisemitism, as defined by the International Holocaust Remembrance Alliance, as appropriate.”

Restrictions on UN Delegations and Organizations: 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.”

  • NEW & IMPORTANT: Past versions of this section include Part 3, which gives the Secretary of State the authority to waive these 2 prohibitions if he/she determines and reports to Congress that doing so is important for the national interest of the United States. The current bill eliminates that waiver.

UN Human Rights Council: Part (c) is entitled “United Nations Human Rights Council.

>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 9/30/25) “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.”

The Report accompanying the bill adds: “The Committee notes the continued lack of progress at UNHRC towards meaningful reforms to restore its credibility as a human rights body. UNHRC continues to elevate, legitimize, and shield the worst human rights offenders while simultaneously increasing an unjustified fixation on Israel. Therefore, the Committee continues the strengthened conditions in subsection (c), which prohibits funds for UNHRC until certain actions are taken, including specific steps to remove Israel as a permanent agenda item, to ensure integrity of the election of members to the Council. The report required in subsection (c)(1) shall include specific progress made to ensure integrity in the election of members to UNHRC. The Committee does not support the use of blank slate tactics to gain membership to such Council, as was done by the United States in October 2021, and notes that despotic countries with poor human rights records also use this tactic to gain membership, undermining the legitimacy of the election process and the Council.”

>Part (c)(2) bars funding for the UN International Commission on Inquiry (COI) — “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, notwithstanding any other provision of law. ”

>NEW & EXTREMELY IMPORTANT: Destroying UNRWA—Part (d) legislates the defunding (and requires work to start the process of replacing) UNRWA

  • NO FUNDING FOR UNRWA — Part (d)(1) bars the use of funds “(A) for a contribution, grant, or other payment to the United Nations Relief and Works Agency (UNRWA), notwithstanding any other provision of law; or (B) to solicit or otherwise encourage funds for UNRWA from other donors and sources, notwithstanding any other provision of law.”
  • KILL/REPLACE UNRWA — Part (d)(2) states: “Not later than 45 days after the date of enactment of this Act, the Secretary of State shall submit a transition plan to the appropriate congressional committees for providing assistance in the Middle East without direct or indirect funding to, or support from, UNRWA.”
  • The Report accompanying the bills piles on exuberantly against UNRWA: “...The Committee notes that UNRWA has been compromised by staff who have promoted incitement to violence, antisemitism, and the destruction of the State of Israel. The Committee is concerned by UNRWA’s relationship with Hamas and other terrorist organizations, including credible allegations that several UNRWA staff participated in the October 7, 2023 massacre that killed over 1,200 people, including American citizens, and was the worst attack on the Jewish people since the Holocaust. Further, the Committee is concerned by the use of UNRWA facilities to shield Hamas infrastructure, such as the Hamas data center under UNRWA’s Gaza headquarters. The Committee notes allegations that significant numbers of UNRWA staff celebrated the October 7 massacre on social media and that hundreds of UNRWA staff, including school principals and senior UNRWA management, are also members of terrorist organizations that violently oppress the Palestinian people, including by using them as human shields. The Committee recognizes that the Palestinian people deserve better than to be subjected to UNRWA’s failure to promote peaceful coexistence with the State of Israel.”

>NEW & EXTREMELY IMPORTANT: De-funding the International Court of Justice (ICJ)—Part (n) states: “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 International Court of Justice, notwithstanding any other provision of law.”

>NEW & EXTREMELY IMPORTANT: De-funding the International Criminal Court (ICC)— Part (m) states: “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 International Criminal Court, notwithstanding any other provision of law.”

  • Regarding the ICJ and ICC, the Report accompanying the bill notes: “The Committee strongly condemns and unequivocally rejects one-sided, politicized, anti-Israel activity at the International Criminal Court (ICC) and International Court of Justice (ICJ) and prohibits funds provided in this and prior acts for such courts. The Committee directs the Secretary of State to prioritize diplomatic efforts to prevent any further efforts to weaponize the ICC and ICJ against Israel.”

The Report includes extensive additional UN-related language (in various sections), including:

  • ***NEW & IMPORTANT*** De-funding [and for all intents and purposes pulling the US out of] the UN and certain UN agencies: “The Committee recommendation does not include funding for assessed contributions for certain United Nations agencies and other international organizations, including the United Nations regular budget. The Committee also prohibits funds to the World Health Organization (WHO) and the United Nations Relief and Works Agency (UNRWA). The Committee remains concerned with the continued lack of progress toward meaningful reforms at the United Nations that, at a minimum, should include increased fiscal transparency, meaningful consequences for sexual misconduct by United Nations officials and peacekeepers, protections for whistleblowers, combating antisemitism, and holding member states accountable for undermining international security and investigations into the origins of COVID–19. The Committee strongly condemns the United Nations General Assembly for undermining peace and security between the Israeli and Palestinian people by passing the ‘Status of Palestine in the United Nations’ resolution that provided the ‘State of Palestine’ almost all the rights and privileges as Member States. The Committee notes that the United Nations is not capable of living up to its charter that includes the purpose ‘to maintain international peace and security’. The Committee has concluded that further assessed contributions to the United Nations are not justified and increased scrutiny and oversight must predicate any consideration of a voluntary contribution to the United Nations or any United Nations agency...”
  • [in a section targeting the World Health Organization]: “The WHO has failed to effectively advocate for Taiwan’s inclusion and further demonstrated broken priorities in the most recent World Health Assembly by electing North Korea to the Executive Board and adopting a biased, anti-Israel resolution, which was the only country-specific resolution adopted during the session.”
  • United Nations anti-Israel agenda: “The Committee urges the Secretary of State to declare it is the policy of the United States to pursue the principled position to veto one-sided, anti-Israel resolutions at the United Nations Security Council”
  • NEW & IMPORTANT – United Nations voting practices: “In considering bilateral assistance for a foreign government, the Secretary of State shall review, among other factors, the voting practices of such government at the United Nations in relation to United States strategic interests.” [as a reminder, this is basically the policy then-US Ambassador to the UN Nikki Haley articulated in 2018]
  • Annual report on anti-Israel bias: “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 describing instances of anti-Israel bias at the United Nations, including an identification of the agencies and entities where such bias has been demonstrated in the past, including those that appear under this heading in title I of House Report 116–444.”

Section 7069: Gaza Oversight & Other Matters

In the context of the ongoing Israel-made humanitarian catastrophe in the Gaza Strip, and the urgent need for assistance to Gaza, Congress decided in the FY24 SFOPS that rather than (a) earmarking significant funding for Gaza, (b) including a clear directive for the State Department to provide funding for Gaza; and (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), it would instead pile a new set of arduous oversight requirements specific to Gaza, to be layered 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)– conditions that seem almost designed for the purpose of making it virtually impossible for the US to provide meaningful humanitarian aid to people who are living in a war zone for more than 8 months, with famine conditions, spreading disease, and totally destroyed medical and humanitarian infrastructure.

That is this section, with additional anti-Palestinian cruelly layered on in this new FY25 bill.

Specifically:

FAR-REACHING OVERSIGHT ON ASSISTANCE IN GAZA: 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.”

REPORT TO CONGRESS ON OVERSIGHT OF ASSISTANCE TO GAZA: 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.”

REQUIREMENT TO INFORM CONGRESS OF MIS-USE OF GAZA 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.”

THIRD-PARTY MONITORING OF GAZA ASSISTANCE: 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.”

QUARTERLY REPORT TO CONGRESS ON GAZA ASSISTANCE: Part (e) requires that, after the initial obligation of funds for Gaza, the Secretary of State and the USAID Administrator 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.”

INTELL REPORT TO CONGRESS ON MIS-USE OF GAZA 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“.

CONSULTATION WITH CONGRESS ON GAZA ASSISTANCE: Part (g) requires that not later than 30 days after this Act becomes law, 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.”

NEW & IMPORTANT—IG INVESTIGATIONS OF USG PARTNERS IN GAZA ASSISTANCE: Part (h) requires that the Inspectors General of the Department of State and USAID conduct investigations of their agencies implementing partners with respect to assistance in the West Bank and Gaza, or “entities that provide logistical support to implementing partners” [I’m pretty sure this is code for UNRWA] in order to determine if “allegations or reports that such entities have employed staff or contractors that are members of, or affiliated with, a United States designated terrorist organization or have participated in any terrorist act, including before, on, or after October 7, 2023, are credible, and, as appropriate, refer their investigative findings for potential criminal, civil, or administrative enforcement remedies.” [in effect a provision accusing US partner organizations of being in league with Hamas]

NEW & IMPORTANT [and underscoring that the racist, dehumanizing cruelty really is the point]—NO GAZA REFUGEES IN US: NEW Part (i) states: “None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings ‘Migration and Refugee Assistance’ and ‘United States Emergency Refugee and Migration Fund’ may be used to support the admission and resettlement into the United States of a foreign national from Gaza.”

Added by amendment in Full Committee mark-up

  • NEW Targeting US Universities: During the Full Committee mark-up, a provision was added via en bloc amendment by Diaz-Balart (R-FL) barring any funding in the bill being made available to any U.S. university “that has failed to take administrative action against any student, staff member, or student group that commits acts of antisemitism while utilizing the facilities, grounds, or resources of said institution.”
  • NEW Targeting the Maldives: During the Full Committee mark-up, a provision was added via an amendment offered by Clyde (R-GA), barring funding to the Republic of the Maldives “until the Secretary of State determines that the Republic has revoked its ban on Israeli passport holders.”

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

New from FMEP:

  • Newly-released resource: The Gaza Catastrophe: 2024 Congressional Briefing Series, presented by FMEP & MEI, sessions co-moderated by FMEP’s Lara Friedman & MEI’s Khaled Elgindy (recorded over 4 weeks during April 2024). The congressional briefing series is an educational program conducted annually by the Middle East Institute’s Palestinian Affairs Program and the Foundation for Middle East Peace (FMEP) to brief members of Congress and their staff on the most pressing issues facing Israel and Palestine today.

Also see: Israel and Hamas Conflict In Brief: Overview, U.S. Policy, and Options for Congress (Updated June 3, 2024) — Congressional Research Service

1. Bills & Resolutions

Targeting the ICC

(SANCTION ICC IF IT DARES TO HOLD ISRAEL ACCOUNTABLE TO SAME LAWS/STANDARDS AS THE REST OF THE WORLD) HR 8282 [bill text]/ S. 4484 [bill text]: Introduced in the House 5/7/24 by Roy (R-TX) and 20 cosponsors (all Republicans), and in the Senate 6/5/24 by Cotton (R-AR) and 9 cosponsors (all Republicans), “To impose sanctions with respect to the International Criminal Court engaged in any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies,” aka the “Illegitimate Court Counteraction Act.” HR 8282 was brought to the House floor 6/4/24 without any committee hearings (other than in Rules, for details see Section 3, below), and passed by a roll call vote of 247-155 — with ALL Republicans voting “Yes”, except for 2 voting “present” (Davidson, R-OH and Massie, R-KY),  joined by list-of-shame consisting of 42 Democrats). More details:

Targeting the Palestinians

Targeting Support for Palestinians

  • (PUNISH MALDIVES!) HR XXXX: On 6/6/24, Axios reported: “U.S. lawmakers are crafting legislation aimed at stopping the Maldives from banning Israeli passport holders from entering the country, Axios has learned. Why it matters: The tiny, Muslim-majority archipelago and luxury tourist destination this week became the first country since the Oct. 7 attack to announce plans to institute such a passport ban in response to the war in Gaza. Driving the news: Rep. Josh Gottheimer (D-N.J.) is developing legislation that would condition U.S. aid to the Maldives on allowing Israeli passport holders into the country, a source familiar with the matter told Axios. Gottheimer, one of Israel’s most steadfast defenders in Congress, is working with colleagues in both parties on the bill, which will be called the Protecting Allied Travel Here (PATH) Act, the source said.“

Never Enough US-Israel Cooperation & Support for Normalization!

Targeting Iran

FY 25 State & Foreign Operations Approps

(FY25 SFOPS) HR XXXX: On 6/3/24 the House Appropriations Committee released the Chairman’s Mark of the FY25 State and Foreign Operations Appropriations bill (aka, the base text) – press release; bill text. That text was marked up in the House Appropriations Committee’s Subcommittee on State and Foreign Operations on 6/4/24 (see details in Section 3, below). The release of this text engendered a fierce battle of statements pitting committee Republicans against committee Democrats, including over Israel/Middle East-related elements of the bill. Notably, this bill includes not just the pro-Israel, anti-Palestinian text that are perennially part of this legislation, but adds in additional (and explicitly cruel) anti-Palestinian and pro-Israel measures that, in the context of Israel’s war on Gaza, are morally obscene. The bill will be marked up in the full Appropriations Committee on 6/12/24.

Full details of the bill will be included in a future edition of the Round-Up (when it is passed out of the Appropriations Committee). New pro-Israeli impunity/anti-Palestinian highlights in the base bill (these are in addition to the regular $3.3 billion in FMF for Israel, and the many, many perennial anti-Palestinian measures) include:

  • a provision INCREASING funding for “refugee resettlement” in Israel (a residual, token appropriation left over from the 90s when Israel was dealing with a mass influx of Jews from the former Soviet Union) from $5 million (where it has held steady for years) to $6.5 million — representing a 13% increase in funding in this category, notwithstanding the Republicans imposing a 12% budget cut across the board. (p. 34)
  • A provision removing legal limits on the amounts of weapons available to Israel out of US war stockpiles (p. 152)
  • a provision giving the Executive 15 days to release any US military supplies currently withheld from Israel or face a punitive 50% cut in funding to the office of the Secretary of State, and giving the Executive 30 days to obligate any remaining unobligated funding for Israel (pp 156-157);
  • a new/additional condition on the re-opening of any Palestinian diplomatic mission in the US, requiring the the Palestinians are not directly or indirectly seeking or supporting efforts to seek any kind of recourse against Israel at the International Court of Justice (pp 183-184)
  • a provision cutting off all funding to the State Department’s Office of Palestinian Affairs (p. 185)
  • a provision dividing the West Bank and the Gaza Strip (which under the Oslo Accords must be treated as a single geographic unit) into 2 separate geographic units for US budget purposes (p. 186)
  • a provision permanently banning US funding to UNRWA, banning US funding to encourage others to fund UNRWA, and requiring a plan to replace UNRWA (pp 240-242)
  • A provision barring funding to the International Court of Justice (p. 246)
  • A provision barring funding to the International Criminal Court (p. 246-247)
  • a provision prohibiting any funding to be used for the admittance or resettlement of Palestinians from Gaza in the United States. (p. 292)

Also see:

FY25 Defense Appropriations

  • HR XXXX: On 6/5/24, the House Appropriations Committee’s Defense Subcommittee met to consider – and voted to advance – the FY25 Defense Appropriations bill [Chairman’s Mark; GOP summary]. Full details of the bill will be included in a future edition of the Round-Up (when it is passed out of the Appropriations Committee). For now, note: House subcommittee pushes for funding boosts for U.S.-Israeli cooperative programs (Jewish Insider 6/5/24) – excerpt: “The House Appropriations Committee’s Defense Subcommittee proposed funding increases for cooperative U.S.-Israel anti-tunneling and anti-drone and missile programs in its 2025 funding bill released on Tuesday. The defense bill also seeks to force frozen Israeli weapons transfers to proceed. Committee Republicans are pushing for $80 million for U.S.-Israel counter-tunneling programs, nearly doubling the 2024 allocation, and $55 million for counter-drone and missile programs, including directed energy and laser projects. That would likely include Israel’s Iron Beam system. The Defense Subcommittee voted to advance the bill to the full Appropriations Committee on Wednesday. The counter-tunneling program was funded at $47.5 million for the 2024 fiscal year, while the counter-drone program received $40 million. The administration did not make specific line-item requests for either program in its budget proposal.”

Other stuff

  • (PROTECT CREDIT RATINGS OF HOSTAGES) S. 4455 [bill text]: Introduced 6/4/24 by Coons (D-DE) and Tillis (R-NC), “A bill to amend the Fair Credit Reporting Act to prohibit consumer reporting agencies from furnishing consumer reports containing adverse items of information about a consumer that resulted from that consumer being unlawfully or wrongfully detained abroad or held hostage abroad,” aka the “‘Fair Credit for American Hostages Act.” Referred to the Committee on Banking, Housing, and Urban Affairs. Also see: press release – Senators Coons, Tillis introduce bill to protect credit scores of American hostages and wrongful detainees

2. Letters

Witch-Hunt Targeting Academia

Targeting the ICC & Rule of Law

We <HEART> Bibi!

  • (do-over!) 6/6/24: McConnell, Johnson Announce Israeli Prime Minister Benjamin Netanyahu Joint Address to Congress. Note that the press release is issued solely in the names of McConnell (R-KY) and Johnson (R-LA), but includes a link to the text of 5/31/24 letter, also signed by Schumer (D-NY) and Jeffries (D-NY). Schumer released his own statement 6/6/24, including: “I have clear and profound disagreements with the Prime Minister, which I have voiced both privately and publicly and will continue to do so. But because America’s relationship with Israel is ironclad and transcends one person or prime minister I joined the request for him to speak.”
  • 5/31/24: Congressional Leaders Invite Israeli PM Netanyahu to Address Joint Meeting of Congress [letter text]. Excerpt: “To build on our enduring relationship and to highlight America’s solidarity with Israel, we invite you to share the Israeli government’s vision for defending democracy, combatting terror, and establishing a just and lasting peace in the region.“

Concern about Israel’s Actions in the West Bank

Targeting Iran (and Russia-Iran)

3. Hearings & Markups

NOTE – not a hearing but… MONDAY: Rep. AOC To Host Livestream on “Antisemitism and the Fight for Democracy”, ft. Rep. Ocasio-Cortez (D-NY), Stacy Burdett, Jewish Community Advocate Against Antisemitism and Bigotry; and Amy Spitalnick, CEO of the Jewish Council for Public Affairs.

6/3/23: The House Rules Committee held a business meeting to consider a Rule to bring HR 8282 to the House floor for a vote. As a reminder, HR 8282, “To impose sanctions with respect to the International Criminal Court engaged in any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies,” was introduced 5/7/24 by Roy (R-TX) and has 63 Republican cosponsors; there were no hearings on this bill in the committee of jurisdiction. Also see:

  • The bill/Rule was passed by the Rules Committee 6/3/24 by a party-line vote.
  • Rules Committee hearing video (starting at 1:52:53 in the video). Once again, this is highly recommended viewing, with the Rules Committee representing the ONLY venue on the Hill where there is any substantive discussion of what is happening in Gaza — with Republicans faithfully reciting talking points that are indistinguishable from the government of Israel, AIPAC, etc, and with Democrats speaking with various degrees of frankness/accuracy with respect to what Israel is doing in Gaza and what is at stake with respect to US policies/actions.
  • Crow (D-CA) testified against HR 8282 in the Rules Committee – see: Congressman Crow Opposes House Republicans’ Dangerous Bill to Sanction the ICC (incl statement in Rules Committee – video)
  • list of amendments submitted in Rules Committee.
  • See Section 1 (ab0ve) for details on passage of the bill by the House on 6/4/24.

[RESCHEDULED] 6/4/24: The House Foreign Affairs Committee’s Subcommittee on Oversight and Accountability held a hearing entitled, “Money is Policy: Assessing Shortcomings in the State Department’s Foreign Assistance Grants Process.” Witnesses (a partly new slate for the rescheduled hearing) were: Robert Destro, former Assistant Secretary of State for Democracy, Human Rights, and Labor (a Trump political appointee) (statement); James Richardson, State Department Director of the Office of Foreign Assistance (statement); and Tom Malinowski, Former Assistant Secretary of State in the Bureau of Democracy, Human Rights, and Labor (statement). Also see: hearing video.

6/4/24: The House Appropriations Committee’s Subcommittee on State, Foreign Operations, and Related Programs Bill held a mark-up of the FY25 SFOPS Appropriations Bill (bill text). Also see:

Week of 6/10/24: The House Rules Committee will meet to approve a Rule according to which the FY25 NDAA – HR 8070 – will be brought to the floor, including the long list of amendments that will be voted on as part of the annual amendments-palooza that accompanies this bill (including a disproportionate number related to Israel/Palestine/Middle East grandstanding & point-scoring). Also see: list of amendments offered as of 6/7/24 (1219 so far).

6/12/24: The House Appropriations Committee will hold a mark-up of the FY25 State and Foreign Operations Appropriations Bill.

6/12/24: The House Committee on Education and the Workforce’s Subcommittee on Workforce Protections appears to be planning to hold a hearing related to alleged antisemitism and antisemitic threats. The hearing does not appear on the Committee website at this time, but all three documents submitted in relation to the hearing relate to antisemitism and alleged antisemitic threats (in Texas, Alabama, and Florida) – mostly actual antisemitism (i.e., hatred/threats targeting Jews because they are Jewish), but the Texas document (and ADL report) includes the conflation of Israel-related protest with antisemitism.

6/13/24: The House Committee on Ways and Means will hold a hearing entitled, Hearing on the Crisis on Campus: Antisemitism, Radical Faculty, and the Failure of University Leadership. No details have yet been published regarding who will be put on the stand as witnesses for the prosecution and defendants to be abused.

4. Israel/Palestine in 2024 Politics/Elex

General analysis/News

New York

New Jersey

Wisconsin

  • Jewish Insider 6/5/24: In social media war against AIPAC, Rep. Mark Pocan advances antisemitic tropes [“Pocan’s jabs have frequently echoed or embraced a slew of antisemitic canards, including dual loyalty, control of government and even blood libel, experts say” — those experts being prominent individuals and representatives of legacy Jewish groups who engage in/endorse/promote the conflation of criticism of Israel with antisemitism]

North Dakota

Arizona

Missouri

  • STL Light 6/5/24: Clergy state support for Wesley Bell [“…His words have not only been comforting but were also a stark departure from the ongoing caustic, offensive, and — yes, in our view — antisemitic rhetoric from the current representative in Washington, D.C. Congresswoman Cori Bush, with her long track record of anti-Israel votes, has continually fanned the flames with the most outrageous smears of Israel, accusing the Jewish state of ‘ethnic cleansing’ and ‘genocide’ as it has fought to defeat the terrorists.“]

Nevada

5. Selected Media & Press releases/Statements

Israel Govt Influence Campaign Targets US Lawmakers [nothing to see here….]

Concern for Palestinians

Bibi Address to Congress

Free speech/Academia/Right to Protest

  • House Committee on Education & the Workforce 6/6/24: ICYMI: Foxx Gives Update on Committee’s Antisemitism Investigation [at AEI]
  • House Committee on Education & the Workforce 6/6/24: @EdWorkforceCmte to Depose ALAA President Ohta [“For months, President Ohta and the ALAA have attempted to evade accountability and use obstructionist tactics to thwart the Committee’s ongoing investigation into potential violations of ALAA member rights. This petulant behavior and deliberate obstruction are unacceptable.  As the Committee has uncovered, too many union members are unaware of the rights afforded to them under the law. Unions deliberately fail to inform their members of their rights in a callous attempt to exert power and control. The Committee seeks to understand whether ALAA infringed on several statutory rights of its members through actions related to the adoption of the ‘Resolution Calling for a Ceasefire in Gaza, an End to the Israeli Occupation of Palestine, and Support for Workers’ Political Speech.’ Today’s deposition is another step in the Committee’s efforts to combat antisemitism and examine whether current law needs to be updated so that individual union members are protected against a tyranny of the majority.”]
  • Jewish Insider 6/4/24: Rep. Virginia Foxx holds low expectations that colleges will change course following antisemitism hearings 
  • Tlaib (D-MI) 5/31/24: Tlaib Statement on Targeting of WSU Students

Biden’s ceasefire plan

Lobbying Congress

  • Jewish Insider 6/7/24: AJC CEO Ted Deutch emphasizes need for ‘clear and consistent message’ from Washington in support of Israel [“Deutch said that rebuilding support for Israel on Capitol Hill begins with an emphasis on the Oct. 7 attack, ‘pushing back in the strongest way against those who have tried to rewrite the history of Oct. 7’ and have supported terrorist groups through rhetoric and protests. He said that advocates for Israel must also highlight the threat that Iran poses to Israel, the U.S. and the rest of the world. Deutch emphasized in an interview with Jewish Insider that his former colleagues in Congress need to make sure that they’re ‘focused on what’s actually happening, and that we’re not distracted by misinformation and false narratives’ and false equivalences between Hamas and Israel. ‘There needs to be moral clarity here, and pushing back against the lies of those who are calling for the destruction of Israel is of paramount importance as we defend Israel and, in turn, defend western civilization,’ Deutch said. He demurred when asked if he counts any lawmakers among those he said have supported terrorist groups, but said that every member of Congress ‘should be able to stand up and condemn the terrorists’ who killed Americans and are backed by an Iranian regime dedicated to destroying America. ‘That’s what we should expect of all our elected officials.’ The AJC meeting is set to include a lobbying component on the Hill, during which Deutch said activists will push for antisemitism legislation as well as communicate to lawmakers Israel’s right to defend itself against Hamas, the threat from Iran and the possibilities for regional normalization…“]
  • Times of Israel 6/6/24: A report from the Jerusalem Post conference [“As a former head of Hillel, Fingerhut was keenly aware of the extreme Jew-hatred on campus. We must use a multipronged approach to address it, he said, highlighting the need to include the International Holocaust Remembrance Alliance’s definition of antisemitism as a tool to combat Jew-hatred. Legislation accepting IHRA’s definition passed in the House of Representatives, and we have to advocate for its passage in the Senate, he said. He explained that JFNA and other groups pushed successfully to pass legislation forcing the sale of TikTok to an American company from Chinese Communist control within 12 months, because the social media platform spews anti-Zionist and anti-West propaganda. Fingerhut also announced plans for another massive demonstration in support of Israel in mid-November in Washington.” Reminder: it was not long ago that the ADL & others insisted it was antisemitic to connect anti-TikTok legislation in Congress with pro-Israel lobbying… Seems Fingerhut didn’t get the memo.]
  • Jewish News Syndicate 6/5/24: Yesha Council head lobbies against Palestinian state in DC – Lawmakers on Capitol Hill express support for the stance. [“…Ganz met with lawmakers on Capitol Hill on Tuesday in an effort counter the push by the White House to establish a Palestinian state in the wake of the Hamas-led massacre of Oct. 7. ‘There is no room for a two-state solution. [President Joe] Biden cannot appoint conditions for Israel, whether with regard to the Palestinian state or to stopping the war with Hamas. We in the United States stand by your side unconditionally,’ Sen. Mike Lee (R-Utah) told Ganz. Ganz also met with other senior senators and representatives during his trip, including House Speaker Mike Johnson (R-La.) and Sen. Ted Cruz (R-Texas).“]

Other

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

New from FMEP:

1. Bills & Resolutions

None [Congress not in session this week]

 

2. Letters

[SANCTION THE ICC!!!!] 5/31/24: Nineteen House Dems [out of 213] call for U.S. sanctions on the International Criminal Court (Jewish Insider 5/31/24) [letter text]

[INTERROGATING UNIVERSITY PRESIDENTS] 5/29/24: Yale and Michigan Presidents Set to Participate in Transcribed Interviews [“invitation” letter to Yale president; letter to Michigan president] — “this letter provides notice of a transcribed interview with you to be held [date/time/room] in Washington, D.C. Questioning will be conducted by counsel(s) and/or Committee staff designated by the Chair and Ranking Member, respectively. The Majority and the Minority will question you in alternating, hour-long rounds, beginning with Majority staff, until neither side has remaining questions.” Also see: Antisemitism at Yale, Univ. of Michigan to face congressional scrutiny [“The presidents were initially slated to appear for a hearing earlier this month”] (Fox News 5/29/24)

 [DOCUMENTS FISHING EXPEDITION TARGETING AMP & SJP] 5/29/24: Comer Continues to Investigate Groups Funding and Organizing Illegal Encampments and Pro-Hamas Activities in the United States [letter text]. Also see: House committee asks SJP for its funding documents [“The committee is ‘particularly concerned’ that groups promoting Hamas and supporting illegal activities on campuses may be funded by ‘foreign or domestic sources.’”] (Jewish News Syndicate 5/30/24)

[NEED SENIOR US OFFICIAL TO OVERSEE FIGHT AGAINST “ANTISEMITISM” IN HIGHER ED] 5/29/24: Rosen, Lankford Request Department of Education Designate Senior Official to Oversee Efforts to Address Antisemitism on College Campuses [letter text]. Also see: Rosen, Lankford press education secretary to designate official to oversee antisemitism investigations (Jewish Insider 5/29/24)

 

3. Hearings & Markups

6/3/23: The House Rules Committee will hold a business meeting to consider a Rule to bring to the House floor for a vote. HR 8282, “To impose sanctions with respect to the International Criminal Court engaged in any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies,” was introduced 5/7/24 by Roy (R-TX) and has 63 Republican cosponsors; there have been no hearings on the bill.

[RESCHEDULED] 6/4/24: The House Foreign Affairs Committee’s Subcommittee on Oversight and Accountability was scheduled to hold a hearing entitled, “Money is Policy: Assessing Shortcomings in the State Department’s Foreign Assistance Grants Process.” Witnesses (a partly new slate for the rescheduled hearing): Robert Destro, former Assistant Secretary of State for Democracy, Human Rights, and Labor (a Trump political appointee); James Richardson, State Department Director of the Office of Foreign Assistance; and Tom Malinowski, Former Assistant Secretary of State in the Bureau of Democracy, Human Rights, and Labor.

6/12/24: The House Committee on Education and the Workforce’s Subcommittee on Workforce Protections appears to be planning to hold a hearing related to alleged antisemitism and antisemitic threats. The hearing does not appear on the Committee website at this time, but all three documents submitted in relation to the hearing relate to antisemitism and alleged antisemitic threats (in Texas, Alabama, and Florida) – mostly actual antisemitism (i.e., hatred/threats targeting Jews because they are Jewish), but the Texas document (and ADL report) includes the conflation of Israel-related protest with antisemitism.

 

4. Israel/Palestine in 2024 Politics/Elex

General Analysis and Commentary

Scoring Points & Bashing Members On Israel

Bibi Address to Congress?

New York
Missouri

Michigan

Kentucky

North Dakota

Virginia

Texas

 

5. Selected Media & Press releases/Statements

Israel & the ICC & the ICJ

Student protests/Targeting Academia

Other Stuff

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

New from FMEP:

1. Bills & Resolutions

Nobody Puts US Military Aid to Israel in a Corner (I mean, temporarily on hold)!

  • (PREVENT EXEC FROM PAUSING ISRAEL MILITARY EXPORTS) S. 4408: Introduced 5/23/24 by Cruz (R-TX) and 3 cosponsors, (all Republicans), “A bill to ensure the timely approval of requests to export defense articles and provide defense services to the State of Israel and the fulfillment of each such agreement.Referred to the Committee on Foreign Relations.

Targeting Palestine Rights/Lives Protests & Protesters

  • (LABELING PROTESTS “ANTISEMITIC”) H. Res. 1239: Introduced 5/17/24 by Donalds (R-FL) and 2 cosponsors (both Republicans), “Strongly condemning the rise of antisemitism on campuses of institutions of higher education across the United States.“ Referred to the House Committee on Education and the Workforce.
  • (NO STUDENT LOAN FORGIVENESS FOR PROTESTERS) HR 8468 [bill text]: Introduced 5/21/24 by Yakym (R-IN) and no cosponsors, “To amend the Higher Education Act of 1965 to terminate the eligibility of certain individuals for student loan forgiveness, and for other purposes” aka, the “No Debt Forgiveness for SPOILED Students Act.” Referred to the House Committee on Education and the Workforce. Also see: Yakym Introduces “No Debt Forgiveness for SPOILED Students Act” [“The ‘No Debt Forgiveness for SPOILED Students Act’ would: Make any individual student or faculty member who is expelled or fired from a college or university for having committed a hate crime or found responsible for disorderedly conduct, trespassing, or creating a public disturbance ineligible for any federal student loan relief.“]
  • (NO STUDENT LOAN FORGIVENESS FOR PROTESTERS) HR 8549: Introduced 5/23/24 by Ogles (R-TN) and Bilirakis (R-FL), “To prohibit any person convicted of an unlawful activity on or after October 7, 2023, on a college campus from being eligible for public service loan forgiveness.“ Referred to the House Committee on Education and the Workforce

Targeting the International Criminal Court (& the Palestinians)

  • (DENOUNCING THE ICC) H. Res. 1253: Introduced 5/23/24 by Biggs (R-AZ), “Reaffirming that the United States is not a party to the Rome Statute and does not recognize the jurisdiction of the International Criminal Court.” Referred to the House Committee on Foreign Affairs

Reminder — There are 2 pieces of anti-ICC legislation that have already been introduced in this Congress. They are:

  • (SANCTION ICC IF SEEKS TO HOLD ISRAEL ACCOUNTABLE TO SAME LAWS/STANDARDS AS THE REST OF THE WORLD) HR 8282: Introduced 5/7/24 by Roy (R-TX) and as of 5/23/24 having 63 cosponsors (all Republicans), “To impose sanctions with respect to the International Criminal Court engaged in any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies,” aka the “Illegitimate Court Counteraction Act.”
  • (TARGETING THE ICC, AGAIN) S. 224: Introduced 2/1/23 by Cotton (R-AR) and currently having 3 cosponsors (all Republicans), “A bill to impose sanctions with respect to associates of the International Criminal Court engaged in investigations of personnel of the United States and its allies.”

Targeting the Gaza “Pier” Project

  • (TO END USE OF US MILITARY FOR GAZA PIER PROJECT) S. J. Res. 89: Introduced 5/23/24 by Cruz (R-TX) and 4 cosponsors (all Republicans), “A joint resolution to direct the termination of the use of United States Armed Forces for the construction, maintenance, and operation of the Joint Logistics Over-the-Shore pier on the coast of the Gaza Strip that has not been authorized by Congress.” Referred to the Committee on Foreign Relations.

Random Pro-Israel Weirdness

F**k Raisi!

  • (HOW DARE STATE DEPT SAY SOMETHING CAREFULLY DIPLOMATIC RE IRAN!!) H. Res. 1246: Introduced 5/21/24 by Huizega (R-MI) and 9 cosponsors (all Republicans), “Condemning the Department of State’s statement expressing condolences for the death of Iranian President Ebrahim Raisi, Foreign Minister Amir-Abdollahian, and other members of their delegation.” Referred to the House Committee on Foreign Affairs. Also see: Huizenga Resolution Condemns Biden Administration Condolences for “Butcher of Tehran”

Other

 

2. Letters

  • (TARGETING US CIVIL SOCIETY & FUNDERS) 5/22/24: House Republican (Mast, R-FL) Probes State Department Communication With ‘Radical Pro-Hamas Groups’ (Free Beacon 5/23/24) [letter text] – NOTE: Mast is demanding that the State Deptartment turn over all records of communications with “radical pro-Hamas groups linked to the funding of the anti-semitic protests that have exploded across college campuses in the recent months.” The groups he is referring to as “radical pro-Hamas groups” linked to funding of “anti-semitic protests” are…the same groups as are on the Comer/Foxx letter to Yellen from last week — Students for Justice in Palestine, Jewish Voice for Peace, Within Our Lifetime, American Muslims for Palestine, IfNotNow, Open Society Foundations, Rockefeller Brothers Fund, Tides Foundation, Bill & Melinda Gates Foundation, Solidaire Action, Libra Foundation, Westchester Peace Action Committee Foundation, Muslim Community Network, Council on American-Islamic Relations, Center for Popular Democracy, Peace Action New York State, People’s Forum, Samidoun, Adalah Justice Project, and Palestine Legal.

 

3. Hearings & Markups

A. SecState Blinken’s Week of Hearings: This week SecState Blinken spent a lot of time testify on the Hill, in hearings that (predictably) included a lot of focus on Israel – including Republicans’ rage at the Biden Administration’s temporary and totally performative pause is providing one kind of bomb to Israel, the recent move by the ICC, and more.

B. 2025 NDAA in the House

5/22/24: The House Armed Services Committee held its FY25 NDAA Full Committee Markup. The Chairman’s Mark (i.e., the base text being marked up) is here. You can watch the markup here: part 1 (7 hours); part 2 (4.5 hours). Also see: Rogers (R-AL) Applauds Committee Passage of FY25 NDAA. Also see: House committee approves 2025 defense bill, with new cooperative Israel, Middle East programs – New proposals would expand anti-tunnelling, space defense and AI-based missile defense cooperative efforts, among other programs (Jewish Insider 4/23/24)

C. Other Hearings This Week

5/22/24: The House Foreign Affairs Committee held a markup of a number of measures include 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.” See: mark-up video. Also see: Chairman McCaul Speaks on H.R. 8437 “Maintaining Our Ironclad Commitment to Israel’s Security Act”;  Democrats divided on opposition to Biden arms hold [“Thirteen Democrats ultimately voted against a bill that Republicans had hoped might muster stronger bipartisan support, with nine Democrats supporting the legislation”] (Jewish Insider 5/23/24)

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); Frederick Lawrence, The Phi Beta Kappa Society (statement); and Jonathan Holloway, President, Rutgers University (statement). Also see:

5/23/24: The House Appropriations Committee’s Subcommittee on Middle East, North Africa, and Central Asia held a hearing entitled, Fiscal Year 2025 Budget Request for Near Eastern Affairs. Witnesses were Assistant Secretary of State for Near Eastern Affairs Barbara A. Leaf (statement); and Deputy Assistant USAID Administrator for the Middle East Bureau Jeanne Pryor (statement). Also see: hearing video. Note: this hearing went pretty much exactly as one would have expected.

D. Postponed Hearings

[POSTPONED] 5/22/24: The House Foreign Affairs Committee’s Subcommittee on Oversight and Accountability was scheduled to 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).

[POSTPONED] 5/23/24: The House Appropriations Committee’s was scheduled to hold a hearing entitled, Budget Hearing – Fiscal Year 2025 Request for the United Nations. The sole scheduled witness was U.S. Ambassador to the UN Linda Thomas-Greenfield.

 

4. Israel/Palestine in 2024 Politics/Elex

General Analysis and Commentary

Bibi Visit to DC

Oregon
New York
Texas

Pennsylvania

Minnesota

Stefanik (R-NY) Campaigns for GOP/MAGA in Israel

Press releases

Media

 

5. Selected Media & Press releases/Statements

ICC Application for Arrest Warrants for Hamas & Israeli Leadership

Note: It seems like almost every member of Congress weighed in this week – via press release, social media post, floor statement, media comments – on the ICC decision to seek arrest warrants against Israeli leadership. Not gonna even try to collect them here – for what a specific member said, google or check the member’s website or social media accounts. Included below are just a small number of that seemed particularly notable.

Members on the ICC

  • Sanders (I-VT) 5/22/24: PREPARED REMARKS: Sanders on ICC Seeking Arrest Warrants for Hamas and Israeli Leaders Amidst the Ongoing Humanitarian Disaster in Gaza [“…As I think we all agree, I certainly do, Israel had the right to defend itself against the Hamas terrorist attack of October 7th. But it did not – and this is where we get into the issue of war crimes – yes, you have the right to defend yourselves. Yes, Israel has the right to go after Hamas, very few people doubt that. But Netanyahu and his government do not have the right to wage an all-out war against the children, against the women, against the innocent people of Gaza. And for that, there must be consequences. What the ICC has done is important for the global community, in the sense that we cannot allow the human race to descend to barbarity. Somebody has got to say: look, war is terrible, and it’s a little bit embarrassing as a human being that we’ve been at war for thousands of years and have not seemed to make much progress at eliminating war. But if there is war, let us learn from what happened in the past and do our best to protect the women, the children, the innocent people. So, Israel had a right to defend itself against a terrible enemy in Hamas, but it does not have the right to wage an all-out war against the people of Gaza. Now, what the ICC is doing is important for the world. It’s [a message] to leaders all over the world – dictators, people in democratic countries – that if you go to war you cannot wage all-out war against civilians. That’s what the ICC is doing, that’s important. But it is also important, Mr. President, for those of us in the United States. Our nation claims to be the leader of the free world, and at our best we try to mobilize countries to uphold international war and prevent crimes against humanity. That is what we try to do and have done. But Mr. President, how can or how will the United States be able to criticize any country in the world, whether it is Russia, China, Saudi Arabia, or anyone else – any other country in the world – if we actually believe what Netanyahu is saying? If we turn our backs and ignore the crimes against humanity that are being committed in Gaza right now, what credibility will we ever have in criticizing the actions of any country, no matter how terrible those actions may be? Because people will say, oh, really? You’re attacking China, Turkey, anybody else, really? You’re really deeply concerned? But apparently for Netanyahu, it’s allowed. We don’t believe you. And I don’t want to see this great country of ours be in that position. I want to see this country respected all over the world as a country that does believe in human rights, that does believe in international law. The ICC as I see it is trying to uphold international law and minimum standards of decency. Our government should do no less.“
  • Cardin (D-MD) 5/21/24: Chair Cardin, Bipartisan Group of Senators Condemn ICC Action Against Israel [“…We will continue to work in a bipartisan manner to strenuously object to the ICC’s actions against our ally, Israel, and take appropriate steps to help Israel and protect American personnel from future ICC action.“]
  • House Speaker Johnson (R-LA) 5/20/24: X-post – “The ICC has no authority over Israel or the United States, and today’s baseless and illegitimate decision should face global condemnation. International bureaucrats cannot be allowed to use lawfare to usurp the authority of democratic nations that maintain the rule of law. Israel is fighting a just war for survival, and the ICC is attempting to equate Israeli officials to the evil terrorists who perpetrated the October 7th massacre. It’s clear the ICC’s decision has been advanced due to the Biden Administration’s pressure campaign against Israel and its outlandish State Department investigations. In the absence of leadership from the White House, Congress is reviewing all options, including sanctions, to punish the ICC and ensure its leadership faces consequences if they proceed. If the ICC is allowed to threaten Israeli leaders, ours could be next.“
  • McConnell (R-KY) 5/20/24: “Since the immediate aftermath of October 7th, Israel, her allies, and Jewish people around the world have faced pernicious efforts to equate a sovereign nation’s self-defense with barbaric acts of terrorism. We’ve seen it in the specious media tropes about ‘cycles of violence’, in university statements bemoaning Israel’s self-defense actions, and in our own elected leaders’ attempts to browbeat Israel’s coalition government for seeking to restore its people’s security. But today, the most noxious attempt at moral equivalence comes from unelected international bureaucrats brandishing a contrived and perverted authority. In the same breath, the self-aggrandizing prosecutor of the International Criminal Court applied for arrest warrants for both Hamas’ chief terrorist and Israel’s duly elected Prime Minister. It’s a damning development, but not for the supposed subjects of the application. The ICC has succeeded only in discrediting itself even further as a rogue kangaroo court utterly untethered to morality or justice. For those of us who have long rejected this international farce of a court and its efforts to gobble up jurisdiction, this fact was hardly news. I’ve refused to acknowledge any ICC authority to conduct politicized investigations of American servicemembers, as it has tried illegitimately to do for years. And weeks ago, several of our colleagues and I warned the institution specifically against lighting any last shred of its credibility on fire in an attempt to equate Hamas’ calculated cruelty with Israel’s right to self-defense. Putting its arrogance on full display, the judicial junta in The Hague responded by claiming that holding it accountable for this power grab would violate international law. Unfortunately, there are still plenty here in the Senate and in the Administration who need reality to be spelled out more clearly. This isn’t about Prime Minister Netanyahu. It isn’t about so-called international law. In fact, the leader of Israel’s opposition condemned the ICC’s decision as ‘a complete moral failure. But too many Senate Democrats require frequent reminders of how Israel’s national unity government works, and what the Israeli people expect of it. Even as glaring evidence exposed the moral rot and terrorist complicity of another international organization, UNRWA, the Biden Administration was reluctant to ignore its loud base of campus radicals and end U.S. funding. Well, today’s news lays down another gauntlet. It’s time for the President and other Western leaders to finally pick it up… Support Israel’s right to defend itself against terrorist savages like Sinwar… Reject the fiction that unaccountable bureaucrats in The Hague have any power over a sovereign nation that isn’t a signatory to its authority… Commit to imposing significant costs on the Court and its agents if it pursues shameful and baseless charges against Israel… [emphasis added] And choose once and for all between actual justice and the rule of the loud campus mob.”
  • Rubio (R-FL) & Rosen (D-NV) 5/20/24: “Earlier this month, U.S. Senators Marco Rubio (R-FL) and Jacky Rosen (D-NV) led a bipartisan letter to President Joe Biden urging him to strongly oppose the International Criminal Court’s (ICC) efforts to politically target Israel and respond swiftly and strongly should the ICC move forward with arrest warrants. Following reports that the ICC has sought arrest warrants against Israeli leaders, Rubio and Rosen issued a joint statement: ‘We are outraged by this shameful political move by the ICC, which seeks to undermine Israel as it defends itself after Hamas’s brutal October 7th terrorist attack. We’re deeply concerned about the impacts this decision will have on current hostage negotiations and the dangerous precedent this sets given that the ICC has no jurisdiction over Israel. As we emphasized in our letter to President Biden, ‘the President is granted broad authorities to respond to these types of actions by the ICC.’ We now join together to call on him to take swift and forceful action in response to this attack on our democratic ally.'”
  • Sanders (I-VT) 5/20/24: “In the last several years, the International Criminal Court (ICC) has issued arrest warrants for political leaders who violate international law and engage in war crimes and crimes against humanity. That includes Russian President Vladimir Putin, whose illegal invasion of Ukraine initiated the most destructive war in Europe since World War II; Yahya Sinwar, the Hamas leader who started the horrific war in Gaza by launching a terrorist attack against Israel, which killed 1,200 innocent men, women, and children; and Israeli Prime Minister Benjamin Netanyahu, who, in response, has waged an unprecedented war of destruction against the entire Palestinian people, which has killed or injured over 5 percent of the population. The ICC prosecutor is right to take these actions. These arrest warrants may or may not be carried out, but it is imperative that the global community uphold international law. Without these standards of decency and morality, this planet may rapidly descend into anarchy, never-ending wars, and barbarism.“
  • Omar (D-MN) 5/20/24: “Since Nuremberg, the United States has been a global leader in the pursuit of international justice. It is one of the foundational philosophies underpinning the post-war rules-based international order. The International Criminal Court must be allowed to conduct its work independently and without interference. The application for arrest warrants is merely the beginning of a judicial process. The ICC has been a functioning court – it has seen convictions, acquittals, and dismissals, as we would expect from an impartial and non-political judicial body. The allegations from the Prosecutor’s office are significant, and it has long been my belief that the absence of credible processes for justice are a key reason the conflict between Israel and Palestinians continues to escalate. We must remember the ethos of Benjamin Ferencz, the Nuremberg prosecutor and vocal champion of the ICC, who was awarded the Congressional Gold Medal in 2022: law, not war. I express my admiration and respect for the victims, survivors, and witnesses of the atrocities in Israel on October 7th and the victims, survivors, and witnesses of the war crimes that have and are taking place in Gaza who gave their testimony to the Prosecutor’s office. I am praying, for all of their sake, that true justice and not just violent revenge will be done. Although we have never joined the International Criminal Court, we have frequently supported its work under Administrations from both parties. Both the Bush Administration, in the case of Darfur, and the Obama Administration, in the case of Libya, understood the importance of the ICC’s work, even in cases where the country in question was not a State Party. Finally, it is crucial here that we recall that the ICC operates under the principle of complementarity, meaning that it does not have jurisdiction when States demonstrate both the ability and the willingness to conduct their own independent and impartial investigations. A credible domestic process that can hold perpetrators to account remains preferable to international tribunals. I strongly encourage Israeli and Palestinian authorities to consider that path.”

Media etc on the ICC

Other Issues – members

Other Issues – media

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)

  • Michael Frazier/Lexington Herald-Leader 8/14/25: In KY, nation, the answer to unpopular speech is more speech, not censorship [“Across the spectrum — from Albert Mohler, president of The Southern Baptist Theological Seminary, to the ACLU, the Foundation for Individual Rights and Expression, and Alliance Defending Freedom — legal experts agree: the IHRA definition is unconstitutionally vague, too broad, and risks limiting protected speech on campuses subject to Title VI.” &  “The command of the First Amendment and the Constitution is clear: No hate speech laws based upon one religion or petition against grievances for supporting a foreign country. The remedy for bad ideas is better ideas, not the IHRA definition and censorship.“]
  • Jack Hunter/Responsible Statecraft 8/13/25: Criticizing Israel? This definition of antisemitism will take care of that. Speech codes are popping up all over the US, chilling the right to question what another government is doing thousands of miles away
  • Jason Willick/Washington Post 5/2/25: The Antisemitism Awareness Act shows the mire of identity politics [“…The AAA would broaden the definition of antisemitism, essentially by defining anti-Zionism as antisemitic for the purposes of civil rights law. The legislation incorporates examples of antisemitism, including “applying a double standard” to Israel. Applying a double standard to Israel or any other country is protected by the First Amendment, of course. But in civil rights law, the line between politically charged speech and harassment of an identity group is blurry. Persistent anti-Israel advocacy on college campuses could be classified as discrimination against Jewish students. So, if the AAA passed, colleges would have a greater incentive to tamp down anti-Israel activities to avoid civil rights investigations.“]
  • Professor Ken Stern (Director, Bard Center for Hate, & lead drafter of the IHRA definition of antisemitism) 3/27/25: Written testimony submitted to the Senate HELP Committee as a witness at the hearing entitled, “Antisemitic Disruptions on Campus: Ensuring Safe Learning Environments for All Students” [“…Once the door is opened to using a tool like IHRA via law to suppress speech, partisans stretch and bend and use it in any way they can to achieve their political goals, knowing even if they don’t win a particular case, the threat is enough to chill speech through law. Germany is an object lesson. Yes, Germany has different free speech standards than the United States. But as some proponents advocate here, the definition has been used to cancel programs and threaten funding, shaking the arts world in much the same way it has been shaken here, but instead of Pro-Palestinian advocates insisting on a political line, it is the state insisting on a pro-Israel line. This mirror image suppression is further evidence that what we’re talking about with IHRA is quashing and chilling political speech through law. Do we really want to go down the road where Congress essentially says you have to have a particular view about Zionism? One of the lessons I learned from decades working on issues of hatred is that it’s a useful exercise to change a scenario and see if the same rules apply. Imagine we created a definition of racism, primarily for use in taking the temperature of racism over time and place. One could argue that opposition to affirmative action, or opposition to Black Lives Matter, or opposition to the removal of Confederate statues might be a good data point to consider. But would you consider codifying those examples into law as defining characteristics of racism, endorsed by the US government, knowing that people would take that tool and hunt speech to declare it racist, even though these are political examples about which reasonable people, despite deep feelings, may disagree? If you wouldn’t do this about race, you shouldn’t do it about antisemitism.”]
  • Rep. Jerrold Nadler (D-NY), cited in The Guardian, “In his Guardian interview, Nadler said that the definition was being used to clamp down on legitimate criticism of Israeli government actions. ‘The problem with the IHRA definition is that it leads to the conflation of anti-Israel expressions with antisemitism. You can be anti-Israel, and not antisemitic.’ Nadler has been on his own journey on this issue. In 2018, he was a sponsor of the Antisemitism Awareness Act, which requires the IHRA definition to be used in all federal investigations into claims of antisemitism on campus. In recent years, however, Nadler has become a firm opponent of the legislation, on grounds that it would effectively ban anti-Israel sentiment on US campuses. Asked why he had a change of mind, he said: ‘I was wrong in 2018 – it was a mistake.’ A significant number of congressional Democrats continue to back the legislation, however. Last year 133 Democrats voted for the Antisemitism Awareness Act, along with 187 Republicans. It has not yet passed into law. Nadler had a message for those of his colleagues who continue to back the bill. He said their actions were ‘dangerous to the first amendment’.”
  • New York Magazine/Sam Adler-Bell 4/5/25: Liberal Jews say antisemitism is being misused. The truth is more complicated. [“…The reality is that expanding the definition of antisemitism to encompass criticism of Israel — and criminalize anti-Zionist protest — has been an express project of mainstream Jewish organizations for decades. (‘Anti-Zionism is antisemitism’ has been Greenblatt’s mantra.) The current crackdown represents the spoils of their success. Both the Biden and Trump administrations embraced the International Holocaust Remembrance Alliance’s definition of antisemitism, which includes ‘Drawing comparisons of contemporary Israeli policy to that of the Nazis’ and ‘claiming that the existence of a State of Israel is a racist endeavor.’ That one can love the Jewish people, as I do, and question the virtue of a Jewish ethnostate, as I also do, is not contemplated by the IHRA. In America, by definition, I am an antisemite.“]
  • Professor Ken Stern (Director, Bard Center for Hate, & lead drafter of the IHRA definition of antisemitism) 9/17/24: Written Testimony Submitted to the Senate Judiciary Committee as a witness at the hearing entitled, A Threat to Justice Everywhere: Stemming the Tide of Hate Crimes in America [“...when I speak to people in the art world in Germany, including Jews, they see suppression –McCarthyism – coming in the other direction. And this is what worries me about the push to enshrine IHRA in law, either as the centerpiece of legislation, such as AAA, or as a component of other legislation, like the Combating Antisemitism Act. Once the door is opened to using a tool like IHRA via law to suppress speech, partisans stretch and bend and use it in any way they can to achieve their political goals, knowing even if they don’t win a particular case, the threat is enough to chill speech through law. Germany is an object lesson. Yes, Germany has different free speech standards than the United States. But as some proponents advocate here, the definition has been used to cancel programs and threaten funding, shaking the arts world in much the same way it has been shaken here, but instead of Pro-Palestinian advocates insisting on a political line, it is the state insisting on a pro-Israel line. This mirror image suppression is further evidence that what we’re talking about with IHRA is quashing and chilling political speech through law. It reminds me of laws about expressions relating to the Armenian genocide. If you’re in Turkey, you are in trouble if you say there was a genocide, and in Armenia you’re in trouble if you question it.“]
  • Times of Israel (blog/Nelson Perez) 6/16/24: The Antisemitism Awareness Act and how conspiracy theorists will exploit it. [“…Simply put, any top-down policy will only reinforce the antisemitic trope that the Zionist Occupied Government is trying to suppress our speech and if I were a conspiracy theory influencer, you can bet that I’ would be hoping that the bill becomes law…”
  • Daily Kos/Professor Alan Singer 6/5/24: Mislabeling Antisemitism [“Critics of Israel and Zionism who could be labeled antisemites under the proposed law include prominent Jews like philosopher Hannah Arendt; Rabbi Elmer Berger, former head of the American Council for Judaism; pioneering psychoanalyst Sigmund Freud; and Nobel prize winning physicist Albert Einstein.“]
  • The Hill/Emily Kao (Alliance Defending Freedom) 5/18/24: Congress can help colleges counter antisemitism through free speech [“The bill puts a thumb on the scale against certain statements by incorporating a definition of antisemitism that expressly includes the content and viewpoint of speech. This opens the door to government censorship and punishment of speech. It’s easy to envision how the government could wield this power against other viewpoints, including pro-Israel and philosemitic views.”]
  • The Progressive/Stephen Zunes 5/18/24: The Chilling Effect of Equating Criticism of Israel to Antisemitism [“…the bill would require the Department of Education to consider the failure of a college or university to suppress protected speech as actionable harassment under Title VI. If this measure becomes law, pro-Israel Jewish students could claim that being exposed to anti-Israel speech or activism creates a ‘hostile environment’ for them as Jews. Their institution would then be responsible for suppressing said speech in order to avoid being sued by the federal government for allowing activities supposedly motivated by antisemitism.“]
  • 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)

  • Joseph Steinfield/Concord Monitor 8/16/24: Opinion: The Antisemitism Awareness Act is a bad idea [“We don’t need elected officials, even those motivated by the laudable purpose of antisemitism ‘awareness,’ telling colleges and universities what speech is or is not allowed. My opposition to this proposed ‘awareness’ law is not based just on my devotion to freedom of speech, without which a democracy cannot exist. If Congress can subject federal support of higher education to laws regulating campus speech deemed to be antisemitic, what comes next? Perhaps a ‘Christian Awareness Law’ based on the premise that America is a ‘Christian’ nation?”]
  • 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.“
  • Steve Sheffey/Medium 11/3/23: Oppose the Antisemitism Unawareness Act [“The reintroduced Antisemitism Awareness Act, which would be more accurately titled the Antisemitism Unawareness Act, is a step backward in the fight against antisemitism. Unfortunately, the House passed the latest incarnation of the Antisemitism Awareness Act, H.R. 6090, on May 1, 2024. It is now up to the Senate to ensure that S.3141 does not become law.“]

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

  • The Daily Herald/Dr. James Hanak, American Family Ministries 6/27/24: Bill defining antisemitism is overreach [“…This definition of “antisemitism” is a broad overreach for many on the political right who traditionally support Israel. Those who follow Christ should not be punished when they, as a part of their gospel narrative, point out that Jews played a major part in the conviction and crucifixion of their Lord Jesus Christ…“]
  • Times Free Press/Bo Wagner 5/18/24: Pastor Bo: What Congress is missing about antisemitism and free speech [“As a devout Christian, complete Bible believer and rock-solid conservative, it is rare that I ever find myself on the same side of an issue as the ACLU. And yet, their news release of May 2, 2024, which says, ‘The American Civil Liberties Union strongly condemns the House of Representatives for passing HR 6090, the Antisemitism Awareness Act, which threatens to censor political speech critical of Israel on college campuses under the guise of addressing antisemitism,’ puts me on the same side as the ACLU on this one.“]
  • OnePeterFive/Carina Benton 5/17/24: The House-Endorsed Definition of Antisemitism Provokes a Rift with Christianity [“The bill falls short on three fronts. Firstly, outsourcing definitions to third party NGOs for the purposes of investigating civil rights violations is an abrogation of the legislative responsibility vested in the U.S. Congress. Secondly, all but one of the examples of antisemitism provided by the IHRA amount to thought crime or speech-I-don’t-like, thereby imposing Soviet-style speech control.Yet by far the most problematic aspect of the bill is that it embraces the IHRA’s statement about ‘classic antisemitism,’ which lumps ‘symbols and images’ about ‘claims of Jews killing Jesus’ with ‘blood libel.’ There is no distinction between the historical claims of the New Testament with any other claim about Jews and the death of Christ.”]
  • 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…“