congressionalmonitor.org

The 115th Congress, First Session: 3 January 2017 – 3 January 2018

moderator — Fri, 02 Nov 2018 14:05:29 +0000

The first session of the 115th Congress, which began on 1/3/17 and ended on 1/3/18, largely coincided with the first year of the presidency of Donald Trump, who was inaugurated on 1/20/17. The same election that elevated the flamboyant business mogul to the presidency extended the Republican Party’s control over both the House of Representatives and the Senate. Therefore, 2017 marked the first year since 2009 when the Republicans controlled Congress and the White House.

Single-party control of the legislature and executive branch had no bearing on the amount of legislative activity this session. Over the course of the year, the 100 senators and 435 representatives introduced 8,332 unique measures, only a few hundred more than were introduced during the first session of the 114th Congress (see JPS 45 [4]). The proportion of those pertaining to Israel, the Palestinians, and broader Arab-Israeli issues was also relatively stable, with 160 carrying at least one relevant provision.

Overview of the Legislation

Congress works with two main types of legislation: binding measures—bills and joint resolutions—that carry the force of law, if passed; and nonbinding measures—simple and concurrent resolutions—that merely state the views of Congress on a particular issue. Nonbinding measures are less consequential since they do not carry the force of law, but they are key indicators of congressional trends and priorities. They “recognize,” “urge,” “encourage,” “affirm,” or “support” people, policies, and events. Of the 160 relevant measures considered during this congressional session, 112 were binding and 48 were nonbinding, with 7 passing into law in each category

Although most of the 160 measures principally concerned issues relating to Palestinian affairs and the Arab-Israeli conflict, 30 were tangentially related and included relevant issues in debates surrounding the measures, amendments proposed to otherwise unrelated legislation, or provisions in vast, multifaceted bills.

Of the 30 tangential measures, 12 were authorizations and appropriations bills, which are the primary means by which Congress funds the federal government. Authorizations bills provide the legal authority for all government programs and agencies, including the terms and conditions regulating their operations. Appropriations bills allocate funding to those authorized bodies, authorizing their disbursement. Six of the authorizations and appropriations bills passed into law during the first session: 4 of them were continuing resolutions, the stop-gap funding measures Congress uses to extend deadlines and accommodate its own gridlock (*H.R. 601 of 1/23/17, *H.R. 1370 of 3/6/17, *H. J. Res. 99 of 4/26/17, and *H. J. Res. 123 of 12/4/17); 1 authorized Department of Defense programs and activities in fiscal year (FY) 2018 (*H.R. 2810 of 6/7/17); and the remaining 1 included the compromise appropriations package for FY 2017, covering military aid to Israel, economic aid for the Palestinians, and a number of other relevant provisions (*H.R. 244 of 1/4/17).

Major Trends

During the campaign leading up to the presidential election in 2016, then-candidate Trump repeatedly pledged to broker the “ultimate deal” between Israel and the Palestinians, move the U.S. embassy in Israel to Jerusalem, and generally strengthen U.S.-Israeli ties. These promises galvanized pro-Israel lawmakers and led to a spate of legislation endorsing Trump’s views and rejecting positions taken by his predecessor. However, the 160 measures under consideration still generally fell into two of the same broad thematic categories this monitor has used in recent years: (1) those directly or indirectly benefiting Israel, and (2) those serving Israel’s interests.

Benefiting Israel

Slightly fewer than a third of the measures under consideration (52) featured language designed to benefit Israel, a similar proportion to that in previous years. The 32 binding measures and 20 nonbinding measures can be further subdivided into the following categories:

Maintaining or Increasing Military Support: 18 bills introduced during the current session carried provisions authorizing or appropriating military aid to Israel. These were so-called perennial appropriations and authorizations bills, and included measures authorizing joint U.S.- Israeli research on anti-tunnel technology (H.R. 2914 of 6/15/17), additional funds for Israeli missile defense programs (H.R. 2062 of 4/6/17), and other one-off supplemental military aid. The only measures in this category that passed into law were the 6 aforementioned appropriations and authorizations bills. They authorized and appropriated spending on joint U.S.-Israeli missile defense programs, anti-tunneling work, and general military programs.
Providing Ceremonial or Nonmilitary Support: Eleven bills and 12 nonbinding resolutions were introduced with provisions indirectly benefiting Israel. Nine of these would have strengthened the U.S.-Israel relationship through joint scientific research or joint efforts on other ostensibly nonmilitary issues, 8 called for Trump to fulfill his pledge to move the U.S. embassy in Israel to Jerusalem or ordered the move, and 6 weighed in on the prospect of a two-state solution, justifying their respective policy goals in “defense” of Israel. None of these passed.
Commemorating Jewish and Israeli History: Only 1 of the 7 nonbinding measures introduced to honor aspects of Jewish and Israeli history passed. It commemorated the 50-year anniversary of Jerusalem’s so-called reunification from a messianic perspective (see *S. Res. 176 of 5/24/17).

Undermining Israel's Adversaries

Bolstered by Trump’s bellicose campaign rhetoric and his promise to strengthen the U.S.-Israel relationship, in the first session of the 115th Congress lawmakers ramped up their collective efforts to undermine Israel’s adversaries. Nearly three-quarters of all the measures considered in this monitor, or 118, carried such provisions, marking a significant increase in the relative proportion over the previous 2 sessions, at respectively 56.7% and 60% (see congressionalmonitor.org for full reports on the first and second sessions of the 114th Congress).

Iran

With the Republican majority largely in agreement on the 7/14/15 nuclear agreement with Iran, formally known as the Joint Comprehensive Plan of Action (JCPOA), and with Trump leading the campaign against the deal (see JPS 46 [4]–47 [3]), the number of Iran-centric pieces of legislation introduced this session decreased. From a total of 66 Iran-related measures introduced, this session saw 2 major ones passed into law: the Countering America’s Adversaries Through Sanctions Act (*H.R. 3364 of 7/24/17), which included the text of 2 other new sanctions bills (S. 722 of 3/23/17 and H.R. 1644 of 3/21/17), and the Iran Ballistic Missile Reporting Act of 2017 (H.R. 3078 of 6/27/17), which passed into law as a provision of the National Defense Authorization Act for FY 2018 (*H.R. 2810 of 6/7/17). Overall, the 51 bills and joint resolutions and 15 nonbinding measures largely fell into following categories:

Sanctions: The lion’s share of the measures would have either imposed new sanctions, strengthened existing sanctions, or facilitated the future application of further sanctions on Iran. Of the 29 bills and joint resolutions in this category, only the aforementioned Countering America’s Adversaries Through Sanctions Act passed into law. But both before and after that, lawmakers introduced a slew of measures directing the president to impose new restrictions on Iran’s Islamic Revolutionary Guards Corps (IRGC; e.g., S. 67 of 1/9/17), as well as purported money laundering activities by the Iranian leadership (e.g., H.R. 1638 of 3/20/17), and the Tehran government’s alleged use of commercial planes for military purposes (e.g., H.R. 566 of 1/13/17).
Human Rights and Prisoners: The 10 resolutions in this category either condemned Iranian human rights abuses, called for the release of political prisoners, specifically U.S. citizens being held in Iran, or both. Only two of these passed, both calling for the “unconditional” release of U.S. prisoners in Iran (*H. Res. 317 of 5/4/17 and *S. Res. 245 of 8/3/17). The three bills in this category were introduced in direct response to then-president Barack Obama’s $1.7 b. payment to the Iranian government in 1/2016, which coincided with Iran’s release of 4 U.S. prisoners, and prompted speculation in Congress about a secret diplomatic arrangement (see S. 386 of 2/15/17 for details). None of the measures passed
Countering Iranian Influence: While many of the measures carrying provisions targeting Iran included some mention of Iran’s deployment of “proxies” in the Syrian civil war and across the Middle East, only 5 bills were designed explicitly to counter such activities. None of them passed. Also in this category, 3 resolutions encouraged the Argentine government to continue to investigate the 1994 bombing of the Argentine-Israeli Mutual Association (AMIA) in Buenos Aires and the death of special prosecutor Alberto Nisman in 1/2015 (Nisman was found dead hours before he was set to defend his claim that then-president Cristina Fernández de Kirchner had covered up Iran’s alleged involvement in the 1994 AMIA bombing). One of these resolutions passed (*H. Res. 54 of 1/23/17).

Palestinians

There were a few signs that the bipartisan consensus on Palestinians was changing this session. Notably, Rep. Betty McCollum (D-MN) introduced the Promoting Human Rights by Ending Israeli Military Detention of Palestinian Children Act (H.R. 4391) on 11/14/17, and was able to sign on 19 cosponsors by the end of the session. The bill, which would have imposed restrictions on U.S. aid to Israel in connection with its maltreatment of Palestinian minors, marked the first truly significant piece of legislation in recent memory to uphold Palestinian human rights. Aside from McCollum’s initiative, the legislative output in the first session of the 115th Congress was indistinguishable from that in previous sessions. Of the 21 measures carrying relevant provisions, 15 were bills or joint resolutions that either maintained restrictions on U.S. economic aid to the Palestinians or imposed new, harsher restrictions (e.g., H.R. 1164 of 2/16/17). No new restrictions passed into law.

There were also four bills directly targeting Palestinian institutions, including the Palestine Liberation Organization (PLO; S. 1757 of 8/3/17 and S. 2192 of 12/5/17), Hamas (H.R. 3542 of 7/28/17), and both Hamas and Islamic Jihad in Palestine (PIJ; H.R. 2712 of 5/25/17). The remaining measure in this category condemned Palestinian leaders for allegedly inciting violence against Israelis (H. Res. 68 of 1/27/17). None of these measures passed.

The Boycott, Divestment and Sanctions Movement

Although there were fewer anti-BDS measures under discussion this session, the issue was just as prominent as in previous years in the broader debate around the U.S. relationship with Israel. Down from 9 and 14 in the first and second sessions of the 114th Congress, respectively, there were only 7 new anti-BDS measures introduced in the first session of the 115th Congress, and none of them passed into law.

The Israel Anti-Boycott Act, which would have levied new restrictions and punishments on BDS-friendly companies and their affiliates, sparked the greatest controversy (see S. 720 of 3/23/17), with Palestinian solidarity activists, the American Civil Liberties Union, and other civil rights groups leading a campaign against the bill. Their efforts resulted in convincing one senator, Kirsten Gillibrand (D-NY), to formally stop cosponsoring the bill, which abruptly suspended its otherwise expedited passage through the legislative process

United Nations

Over the years, Israel’s allies in Congress have secured numerous restrictions on the United Nations (UN) and various UN agencies and programs for their alleged bias against Israel. This year saw an expansion of those efforts, specifically in response to former president Obama’s decision not to veto UN Security Council (UNSC) Resolution 2334 censuring Israel’s settlement enterprise on 12/23/16 (see JPS 46 [3]). Ten bills and 5 resolutions carried provisions responding directly to the UN measure, and 1 of them passed (*H. Res. 11 of 1/3/17). Apart from those 15 initiatives, there were an additional 4 bills and 5 resolutions with provisions responding to other UN actions on Israel, targeting UN agencies, or otherwise adjusting the U.S. stance toward the UN.

In a related development, lawmakers introduced four bills to buttress U.S. efforts against international anti-Semitism. These measures would have elevated to the status of ambassador the special envoy to monitor and combat anti-Semitism (S. 1292 of 6/6/17 and H.R. 1911 of 4/5/17) and introduced a new reporting requirement related to anti-Semitism in Europe (H.R. 672 of 1/24/17 and S. 198 of 1/24/17).

Hizballah

Many of the measures discussed above related Israel’s security to Iran’s regional influence, and cited Hizballah as a “threat” to Israel. In addition, there were 6 measures carrying provisions explicitly targeting Hizballah. The only nonbinding measure in this category, a simple resolution urging the European Union to designate the group a terrorist organization (*H. Res. 359 of 5/25/17), passed on 10/25/17. The same day the House passed that resolution, it passed two other measures targeting Hizballah: The Sanctioning Hizballah’s Illicit Use of Civilians as Defenseless Shields Act (H.R. 3342 of 7/20/17) and the Hizballah International Financing Prevention Amendments Act of 2017 (H.R. 3329 of 7/20/17). Neither of these bills, nor any of the other Hizballah-specific legislation, passed into law.

The 114th Congress, Second Session: 4 January 2016 – 3 January 2017

moderator — Tue, 30 Oct 2018 19:41:30 +0000

The second session of the 114th Congress opened on 1/4/16 in the midst of a contentious presidential campaign season and closed a year later on 1/3/17, near the end of Pres. Barack Obama’s second term. The Republican-dominated legislative body clashed frequently with the outgoing Democratic administration in its final session, including on issues related to Palestinian affairs and the wider Arab-Israeli conflict, as it had in its first.

Over the course of the 114th Congress, the 100 senators and 435 representatives collectively introduced 12,073 independent pieces of legislation; 317 of which carried provisions relating to Palestinian affairs or the wider Arab-Israeli conflict. This year’s Monitor is only concerned with the 25 relevant measures that are under active consideration carried over from the first session, and the 139 introduced during the second.

These totals represent a significant increase in congressional attention to the Arab-Israeli conflict compared to the previous Congress, when only 211 relevant measures were introduced (see JPS 43 [3] and 44 [4]). The increase reflects persistent disagreements between the Obama administration and the Republican leadership in Congress surrounding the P5+1 nuclear negotiations with Iran, the ongoing debate in Congress over how to handle the Syrian conflict and the refugee crisis it created, and the steady growth of the Palestinian Boycott, Divestment and Sanctions (BDS) movement.

Overview of the Legislation

Congressional measures fall into 2 general categories. There are binding measures—bills and joint resolutions—that can pass into law, and there are nonbinding measures—concurrent and simple resolutions—that merely state the views of Congress on a particular issue. While they are less consequential, nonbinding measures are important indicators of congressional priorities as they typically “urge,” “recognize,” “encourage,” “affirm,” or “support” people, events, and policy positions. Of the 164 measures under consideration here, 117 were binding (10 passed into law), and 47 were simple or concurrent resolutions (10 passed).

Although most of the 164 measures principally concerned issues relating to Palestinian affairs and the Arab-Israeli conflict, 28 were tangentially related and included relevant issues in debates surrounding the measures, amendments proposed to otherwise unrelated legislation, or provisions in vast, multifaceted bills.

Of the unrelated measures, 10 were authorizations or appropriations bills, with the former providing the legal authority for all U.S. government programs and agencies (i.e., earmarking funds), and the latter allocating funding to those authorized bodies (i.e., disbursement of funds). The 3 appropriations and authorizations bills that passed into law authorized funding for joint U.S.-Israeli missile defense programs, among other things (*S. 2943 of 5/18/16), and extended appropriations from fiscal year (FY) 2016 through the first few months of FY 2017 (*H.R. 5325 of 5/25/16 and *H.R. 2028 of 4/24/16. See *H.R. 2029 of 4/24/15 at congressionalmonitor.org for a full accounting of FY 2016 appropriations).

The 18 other tangential measures dealt with a variety of issues, ranging from water policy (S. 2848 of 4/25/16 and H.R. 5055 of 4/26/16) and the Italian judiciary (S. Con. Res. 48 of 7/14/ 16) to anti-Semitism in Europe (H.R. 6208 of 9/28/16 and S. 3478 of 11/17/16). The 4 tangential bills that passed dealt broadly with trade policy (*H.R. 644 of 2/2/15), North Korea’s nuclear program (*H.R. 757 of 2/5/15), authorizations for certain State Dept. programs and embassy security (*S. 1635 of 6/18/15), and water infrastructure (*S. 612 of 2/27/15). Only 1 of the 4 nonbinding measures passed, commemorating the 195th anniversary of Greek independence (*S. Res. 394 of 3/9/16).

Major Trends

Because neither the composition of Congress nor the Republican leadership’s relationship with Obama changed significantly in 2016, congressional priorities on issues relating to Palestinian affairs and the Arab-Israeli conflict were largely the same as they were in previous sessions. Therefore, all the legislation under consideration here falls into the same 3 broad thematic categories: (1) that directly or indirectly benefiting Israel; (2) that serving Israel’s interests by undermining its adversaries; (3) that securing Israel’s position in the Middle East by reinforcing, influencing, or altering U.S. policy.

Benefiting Israel

Almost a third, or 50, of the measures included in this Monitor carried provisions benefiting Israel directly or indirectly, marking a slight increase from the 46 and 43 such measures introduced in each of the 2 preceding sessions. The 28 binding measures and 22 simple or concurrent resolutions can be further subdivided into the following categories:

Maintaining or Increasing Military Support: The 17 bills in this category grant Israel military aid or increase U.S.-Israeli military cooperation (4 passed into law). Each of the 3 abovementioned appropriations and authorizations bills that passed into law carried such provisions, delivering Israel more than $3 b. in direct military aid and extending the FY 2016 authorizations for joint U.S.-Israeli anti-tunnel and missile defense programs. Additionally, there was notable movement in Congress toward new partnerships with Israel on emerging military technologies. Two bills authorized joint programs to develop “directed energy capabilities,” or laser-based missile defense systems (H.R. 4810 of 3/17/16 and H.R. 4909 of 4/12/16), and 3 authorized joint cybersecurity programs (H.R. 4860 of 3/23/16, H.R. 5843 of 7/14/16, and *H.R. 5877 of 7/14/16).
Providing Ceremonial or Nonmilitary Support: There were 7 bills and 17 simple and concurrent resolutions in this category. Of these, 2 simple resolutions passed, calling for an increase in annual military aid to Israel (*H. Res. 729 of 5/13/16) and reaffirming the U.S.-Israeli economic relationship (*S. Res. 383 of 3/1/16). The only bill in this category that passed carried a minor provision directing the Obama administration to leverage the experience of allies like Israel on water infrastructure issues (*S. 612 of 2/27/15). Of the measures that did not pass, 10 simple resolutions called for a more forceful defense of Israel in the international diplomatic arena, including at the UN Security Council (UNSC) and International Criminal Court (ICC); 3 bills would have authorized new U.S.-Israeli scientific partnerships; 3 bills would have adjusted U.S. policy on imports from the occupied Palestinian territories (oPt) to support Israel’s settlement enterprise; and the remaining 5 resolutions affirmed Israel’s right to self-defense and its control over the Golan Heights, or called for stronger U.S.-Israeli partnerships on various nonmilitary matters.
Commemorating Jewish and Israeli History: Of the 9 measures introduced to honor or commemorate Jewish and Israeli history, 3 simple and concurrent resolutions passed. They approved the use of the Capitol for a Holocaust commemoration ceremony (*H. Con. Res. 111 of 2/2/16) and honored Holocaust survivor and noted author Elie Wiesel on the occasion of his death (*H. Res. 810 of 7/7/16 and *S. Res. 523 of 7/7/16).

Undermining Israel's Adversaries

The 114th Congress continued its efforts to undermine Israel’s adversaries during the second session, with 97 new measures and 11 carried over from the previous session. While the number of such measures decreased in comparison to the first session, the proportion increased slightly, from 57% to almost 60%. Ten of these measures passed, including 6 that were binding.

Iran

Although the P5+1 and Iran’s 7/14/15 nuclear agreement, known formally as the Joint Comprehensive Plan of Action (JCPOA), went into effect 2 weeks after this congressional session opened, the partisan divide over issues related to Iran persisted. In fact, the number of measures carrying provisions aimed at strengthening or imposing sanctions on Iran, countering various Iranian activities in the Middle East, and challenging Iran’s human rights record increased. Up from 72 last session, there were 84 measures in this category; 72 were bills or joint resolutions (5 passed into law), and 12 were simple or concurrent resolutions (3 passed).

Sanctions: The vast majority, 54, of these measures dealt with sanctions. Because sanctions on Iran’s nuclear program were suspended under the JCPOA, both Republicans and right-leaning Democrats sought new mechanisms to block Iran’s access to the U.S. dollar, stifle its ballistic missile and cybersecurity programs, designate Iran’s Islamic Revolutionary Guard Corps (IRGC) a terrorist organization, and target alleged human rights abusers. In part due to Obama’s pledge to veto any measure that could threaten the JCPOA, only 1 of these bills (*H.R. 6297 of 11/14/16) passed. It extended the Iran Sanctions Act of 1996, which imposed economic sanctions on firms doing business with Iran’s oil industry, through 12/31/26; the bill passed into law without Obama’s signature on 12/15/16.
Human Rights and Prisoners: There were 8 bills and 8 nonbinding measures carrying provisions related to Iran’s human rights record and imprisonment of U.S. citizens. These included bills designed to block Obama from paying ransoms, as Republicans alleged he did to secure the release of 4 high-profile U.S. prisoners in 1/2016 (see Update on Conflict and Diplomacy in JPS 45 [3]). The only 2 binding measures that passed were the 2 appropriations bills extending FY 2016 funding (*H.R. 5325 of 5/25/16 and *H.R. 2028 of 4/24/16). They included provisions to distribute money to the U.S. citizens taken hostage in Tehran in 1979 and programs promoting Internet freedom and access in Iran (see *H.R. 2029 of 4/24/15 on congressionalmonitor.org). Three of the 8 nonbinding measures passed. They called for the release of an individual U.S. prisoner in Iran (*H. Res. 148 of 3/10/15 and *S. Res. 99 of 3/10/15) and condemned Iran’s persecution of its Baha’i minority (*H. Res. 220 of 4/23/15).
Influencing Diplomacy: The remaining 18 measures—14 binding and 4 nonbinding—contained a wide variety of provisions meant to redirect or reinforce the new, post-JCPOA dynamic in the Middle East. The 2 appropriations bills that passed into law carried over a series of congressional JCPOA oversight procedures (*H.R. 5325 of 5/25/16 and *H.R. 2028 of 4/24/16), in addition to the other Iran-related provisions mentioned above. Only 2 other bills in this category passed. One required a new report on Iranian cybersecurity and authorized $4 m. for JCPOA oversight (*S. 2943 of 5/18/16), and the other sparked a debate in Congress about Iranian–North Korean nuclear cooperation (*H.R. 757 of 2/5/15). None of the nonbinding measures passed.

Palestinians

Congress’s relationship with the Palestinians was largely unchanged in 2016—the Republican-dominated legislature approved hundreds of millions of dollars in aid to the Palestinian Authority (PA) and humanitarian programs in the oPt, while maintaining annual restrictions and conditions on its disbursement. There were 16 measures carrying such provisions this session, down from 19 and 27 in the 2 previous sessions.

Restricting Aid: Apart from the 2 appropriations bills that extended annual restrictions on aid to the Palestinians through 4/2017 (*H.R. 5325 of 5/25/16 and *H.R. 2028 of 4/24/16), there were 8 binding measures with new restrictions on aid and Palestinian diplomatic initiatives, including 2 bills that would have imposed new conditions on the PLO operating an office in Washington (S. 2537 and H.R. 4522 of 2/10/16) and 2 that would have barred PLO officials from the U.S. (S. 3241 and H.R. 5851 of 7/14/16), none of which passed.
Criticism and Condemnation: None of the 5 nonbinding measures condemning Palestinian violence against Israelis and U.S. citizens, or the Palestinian efforts at the UNSC and ICC passed
Countering Hamas: Although there were numerous measures citing the threat posed to Israel by Hamas, only 1 measure targeted the group specifically (H. J. Res. 84 of 3/2/16). It would have authorized the use of military force against both Hamas and Hezbollah, and it did not pass.

The Boycott, Divestment, and Sanctions Movement

Although many members of Congress continued their efforts to undermine the BDS movement in 2016, there were fewer anti-BDS measures this quarter than last. Of the 11 considered, including 2 carried over from the 14 introduced during the previous session, 2 were nonbinding measures encouraging the Obama administration to intensify its defense of Israel against BDS in international forums (H. Res. 567 of 12/16/15 and S. Res. 346 of 1/20/16); neither passed. Of the 9 binding measures with anti-BDS provisions, only the so-called customs bill passed, which includes a set of anti-BDS objectives for the U.S. to pursue in trade negotiations (*H.R. 644 of 2/2/15).

Hezbollah

Up from 2 last session, there were 4 measures explicitly targeting Hezbollah (many of the measures targeting Iran or benefiting Israel noted Hezbollah as a threat, but did not carry any specific provisions meant to counter the group). Neither of the 2 binding measures in this category passed (H.R. 5197 of 5/11/16 and H. J. Res. 84 of 3/2/16), but 1 of the nonbinding measures did, urging the EU to designate Hezbollah a terrorist organization (*S. Res. 482 of 6/6/16).

Buttressing Israel via U.S. Regional Policy

The Refugee Crisis

Near the end of the previous congressional session, on 11/13/15, ISIS-affiliated gunmen and suicide bombers launched a series of coordinated strikes in Paris, killing at least 130 people. The attacks prompted U.S. politicians to act against the alleged threat posed by refugees fleeing the conflict in Syria and Iraq, as well as immigrants from elsewhere in the Middle East, including the oPt; that effort carried over into the second session. In addition to extending the funding for nonlethal aid to vetted rebel groups fighting ISIS (*H.R. 5325 of 5/25/16 and *H.R. 2028 of 4/24/ 16), Congress considered 10 bills that would have altered, suspended, or terminated U.S. intake of these refugees and immigrants. None passed, although Donald Trump’s victory in the 11/8/16 presidential election re-energized proponents of the measures, and they pledged to renew their efforts in the 115th Congress.

Egypt

As Pres. Abdel Fattah al-Sisi continued consolidating authoritarian power in Egypt, the U.S. government maintained a guarded relationship with Cairo. Of the 9 measures in this category, 5 were appropriation and authorizations bills that apportioned both military and economic aid conditioned on the Egyptian government’s adherence to its 1979 peace treaty with Israel and certain human rights–related benchmarks. Two bills would have amended the Internal Revenue Code to designate the Sinai Peninsula a “qualified hazardous duty area,” making U.S. armed forces serving there eligible for special pay (S. 3272 of 7/14/16 and H.R. 5924 of 7/21/16). The remaining 2 measures—1 bill and 1 simple resolution—dealt directly with human rights issues (H. Res. 290 of 6/2/15 and H.R. 5974 of 9/8/16).

The 114th Congress, First Session: 6 January 2015 – 18 December 2015

moderator — Tue, 30 Oct 2018 19:34:12 +0000

The first session of the 114th Congress opened on 1/6/15 and closed less than a year later on 12/18/15. Leading into the session were the 2014 midterm elections, which produced a major upheaval in the legislature’s makeup. Republicans won a majority of the available Senate seats, giving them control of the upper chamber with 54 members. They also increased their majority in the House of Representatives, winning 247 seats (up from 234 in the previous Congress).

Collectively, members of the 114th Congress introduced 7,893 measures over the course of the first session; of these, 178 carried provisions pertinent to Palestinian affairs or the wider Arab-Israeli conflict, marking a more than twofold increase over the 87 introduced in the previous session (see JPS 44 [4]). Such variation is typical of first sessions when more measures are traditionally introduced, and bills carry over to the second session in what is typically a slow process. However, this session’s total also represented a substantial increase over the 124 measures introduced during the first session of the 113th Congress, as a result of 3 additional factors: first, disagreements between the Obama administration and the Republican leadership surrounding the P5+1 nuclear negotiations with Iran; second, contentious debate in Congress over the admittance of refugees from the ongoing conflict in Syria; third, the growing strength of the Palestinian Boycott, Divestment and Sanctions (BDS) movement.

Overview of the Legislation

Congressional measures fall into 2 general categories. There are binding measures—bills and joint resolutions—that can pass into law, and there are nonbinding measures—concurrent and simple resolutions—that merely state the views of Congress on a particular issue. While they are less consequential, nonbinding measures are important indicators of congressional priorities as they typically “urge,” “recognize,” “encourage,” “affirm,” or “support” people, events, and policy positions. Of the 178 measures under discussion here, 119 were binding (8 passed into law), and 59 were simple or concurrent resolutions (11 passed).

Although most of the 178 measures principally concerned issues relating to Palestinian affairs and the Arab-Israeli conflict, 39 were tangentially related (a similar proportion to previous years) and included relevant issues in debates surrounding the measures, amendments proposed but not attached, or provisions in vast, multi-faceted bills.

Of the 39 tangential measures, 16 were authorizations or appropriations bills, with the former providing the legal authority for all U.S. government programs and agencies (i.e., earmarking funds), and the latter approving funding and transfer of monies to those authorized bodies (i.e., disbursement of funds). The 4 appropriations and authorizations bills that passed into law extended appropriations for fiscal year 2015 (*H.R. 719 of 2/4/15 and *H.R. 2250 of 5/12/15), to allow Congress time to agree on the FY 2016 budget (*H.R. 2029 of 4/24/15), and authorized national defense spending in FY 2016 (*S. 1356 of 5/14/15). Some of the measures’ key provisions dealt with military assistance to Israel and Egypt, oversight on the administration’s Iran-related policies, and economic and security aid for the Palestinians.

The other 23 tangential measures dealt with a variety of issues, ranging from restrictions on the crude oil market (H.R. 702 of 2/4/15 and S. 1372 of 5/19/15), to government funding for scientific research (H.R. 1806 of 4/15/15) and global blasphemy laws (H. Res. 290 of 6/2/15). The 3 nonbinding measures that passed urged the administration to counter anti-Semitism in Europe (*H. Res. 354 of 7/9/15 and *S. Res. 87 of 2/25/15) and set the FY 2016 budget (*S. Con. Res. 11 of 3/20/15). The 2 binding measures that passed into law were each, at separate times, vehicles for renewing the president’s “fast track” authority, specifically to expedite congressional approval of trade agreements (*H.R. 1314 of 3/4/15 and *H.R. 2146 of 4/30/15). Among numerous trade-related sections, the various versions of the “fast track” bill each carried provisions designed to counter the growing clout of the BDS movement.

Major Trends

Partisan disagreements led to greater legislative focus on the nuclear talks with Iran and the Syrian refugee crisis but, overall, the Republican-controlled 114th Congress had similar priorities as its predecessors with respect to Israel, the Palestinians, and the Arab-Israeli conflict. Therefore, the 178 measures under discussion will be broken down into the same 3 broad thematic categories that appeared in the last 2 annual Congressional Monitor reports: (1) those directly or indirectly benefiting Israel; (2) those serving Israel’s interests by undermining its adversaries; (3) those securing Israel’s position in the Middle East by reinforcing, influencing, or altering U.S. regional policy.

Benefiting Israel

Just under a quarter, or 43, of the 178 measures under discussion here carried provisions benefiting Israel directly or indirectly. While there were proportionally fewer than in the past, the total number of measures in this category was consistent with previous years (there were 45 and 46 in the first and second sessions of the 113th Congress, respectively). The 26 bills or joint resolutions and 17 simple or concurrent resolutions in this category can be further broken down into the following subcategories:

Maintaining or Increasing Military Support: The 16 bills in this category each carried provisions granting military aid to Israel or boosting military cooperation in some other way. Of these, only the 4 previously mentioned appropriations and authorizations bills passed into law, providing Israel with over $3 b. in military and economic aid in 2016. New this year, 7 of the bills carried provisions relating to Hamas’s use of tunnels during Israel’s assault on Gaza in the summer of 2014 (see JPS 44 [1–2]). Although various anti-tunnel measures were proposed and debated, the versions that passed into law: authorized up to $25 m. in spending on a new joint U.S.-Israeli anti-tunnel program (*S. 1356 of 5/14/15); directed the administration to hire an official “to manage the collection and analysis of intelligence regarding the tactical use of tunnels by state and nonstate actors” and submit an annual report to Congress on tunnel usage trends and the U.S.’s collaborative efforts with others (mainly Israel and Egypt) to counter tunnel operations (*H.R. 2029 of 4/24/15).
Providing Ceremonial or Nonmilitary Support: There were 9 bills and 11 simple or concurrent resolutions with provisions designed to offer Israel nonmilitary support or otherwise strengthen the U.S.-Israel alliance. Of these, 3 nonbinding measures passed: the first welcoming Israeli PM Benjamin Netanyahu to Congress in 3/2015 (*S. Res. 76 of 2/12/15; see JPS 44 [4]), the second defending Israel at the UN and calling on the administration to move the U.S. embassy in Israel to Jerusalem (*S. Con. Res. 11 of 3/20/15); and the third supporting Israel’s right to defend itself against so-called Palestinian terror attacks amid the wave of violence in the occupied Palestinian territories (oPt) that escalated in 10/2015 (*S. Res. 302 of 11/3/15; see also the Update in JPS 45 [2–3]). Other notable trends within this subcategory include measures authorizing or encouraging joint scientific research (H.R. 3717 of 10/8/15, H. Res. 551 of 12/3/15, H.R. 1806 of 4/15/15, and H.R. 2028 of 4/24/15) and those citing Israeli security concerns to justify lifting restrictions on U.S. crude oil exports (H.R. 702 of 2/4/15 and H.R. 8 of 9/16/15).
Commemorating Jewish and Israeli History: Each of the 7 nonbinding measures in this category would have honored or commemorated some aspect of Jewish or Israeli history (none passed). Of these, 3 called for Holocaust commemoration ceremonies (H. Res. 49 of 1/26/15, H. Con. Res. 9 of 1/26/15, and H. Res. 57 of 1/27/15), 3 honored former Israeli PM Yitzhak Rabin around the 20th anniversary of his death (S. Res. 299 of 10/28/15, H. Res. 502 of 10/28/15, and H. Res. 513 of 11/3/15), and 1 praised the American Jewish Comm. on its 109th anniversary (H. Res. 518 of 11/5/15).

Undermining Israel's Adversaries

Marking both a proportional and an absolute increase over previous years, more than half, or 101, of the 178 measures under discussion carried provisions that would undermine Israel’s adversaries in some way. Fifteen of these passed, 9 of which were binding.

Iran

The lion’s share of measures in this category, or 72, carried provisions relating to the international nuclear negotiations with Iran. These measures largely sought to influence or undermine the talks and the historic agreement they produced on 7/14/15 (see JPS 45 [1]), with their sponsors often citing Israeli security and Iranian human rights violations as justification. Overall, 50 were bills or joint resolutions, 5 of which passed into law, and 22 were simple or concurrent resolutions, 4 of which passed.

Influencing Diplomacy: All 72 of the measures under discussion aimed to influence the talks, the 7/14 deal, and its eventual implementation, with all but 8 of them carrying provisions directly related to the issue. Among the 64 measures, there were numerous proposals for increased congressional oversight, restrictions on the U.S. negotiating team, and limitations on the U.S. obligations under the agreement (which would have scuttled the deal ex post facto), as well as statements of both disapproval and approval for various elements of the Obama administration’s strategy. The most significant measures in this category were the Iran Nuclear Agreement Review Act, establishing a procedure for Congress to overturn the 7/14 deal (*H.R. 1191 of 3/2/15) as well as the main vehicle for such congressional disapproval (H. J. Res. 61 of 7/23/15), which failed to gather enough Democratic support in the Senate, thereby ensuring that the Obama administration could proceed with its obligations (see JPS 45 [1–2]). Furthermore, the 4 abovementioned appropriations and authorizations bills carried oversight measures from FY 2015 (*H.R. 719 of 2/4/15 and *H.R. 2250 of 5/12/15), and instituted new ones for FY 2016 (*S. 1356 of 5/14/15 and *H.R. 2029 of 4/24/15).
Human Rights and Diplomacy: 12 of these measures—5 bills and 7 simple and concurrent resolutions—carried provisions that dealt with the nuclear negotiations indirectly. Of these, 5 proposed mechanisms to redistribute fines from sanctions violations to the U.S. citizens taken hostage in Iran in 1979 (S. Con Res. 11 of 3/20/15, S. 868 of 3/26/15, S. 1635 of 6/18/15, H.R. 3338 of 7/29/15, and *H.R. 2029 of 4/24/15); 3 condemned the Iranian government’s targeting of religious minorities or called for the release of prisoners held on the basis of their religious beliefs (H. Res. 111 of 2/13/15, *S. Res. 148 of 4/23/15, and H. Res. 20 of 4/24/15); 3 called for the release of U.S. citizens being held in Iran or authorized new means for the president to pursue their release (H. Res. 148 of 3/10/15, S. Res. 99 of 3/10/15, and H.R. 3259 of 7/28/15); and 1 supported Israel’s right to defend itself against Iran (H. Res. 500 of 10/28/15).

Palestinians

The U.S. relationship with the Palestinians remained largely unchanged. The Republican-led Congress earmarked hundreds of millions of dollars in economic and security support for the Palestinian Authority (PA) and for programs serving Palestinians in the oPt while at the same time criticizing Palestinian efforts to deviate from the U.S. vision of a 2-state solution or opposing the Israeli occupation. Down from 27 last session, there were 19 measures introduced in the first session of the 114th Congress—13 bills and 6 simple or concurrent resolutions—with provisions along these lines. The measures can be further categorized as follows:

Restricting Aid: 6 of the abovementioned appropriations and authorizations bills, 3 of which passed, carried provisions approving aid for the Palestinians but also extending restrictions (*H.R. 719 of 2/4/15, *H.R. 2029 of 4/24/15, and *H.R. 2250 of 5/12/15). There were also 6 other bills proposing new restrictions: 3 would have barred aid to the PA until the Palestinians dropped their bid for membership at the International Criminal Court (ICC); (S. 34 of 1/6/15, H.R. 277 of 1/12/15, and H.R. 364 of 1/14/15); one would have barred aid to the PA until it recognized “Israel’s right to exist as a Jewish state” and met several other Israeli demands (S. 633 of 3/4/15); and 2 would have placed new restrictions on U.S. aid to UNRWA (H.R. 3667 of 10/1/15 and H.R. 3829 of 10/26/15). None of these passed.
Criticism and Condemnation: The remaining 7 measures in the Palestinian category (of which 2 passed) carried provisions opposing specific actions: 2 censured the Palestinians’ accession to the ICC (H. Res. 209 of 4/16/15 and H. Res. 270 of 5/18/15) and 5 condemned statements from Palestinian leaders deemed to be incitement, in 10/2015 (*H. Res. 293 of 6/3/15, S. 1635 of 6/18/15, H. Res. 485 of 10/21/15, *S. Res. 302 of 11/3/15, and H. Con. Res. 96 of 11/19/15).

The Boycott, Divestment, and Sanctions Movement

With BDS gaining strength across the U.S. in 2015 (see JPS 44 [3]–45 [3]), opponents of the movement consolidated their efforts in Congress, leading to a significant increase in the number of measures explicitly designed to counter BDS efforts. Up from 4 last session, 14 measures—11 bills and 3 simple resolutions—from the 114th Congress’s first session fall under this category. Although the increase was, in part, due to the fact that a key anti-BDS provision was shuffled from bill to bill during debates over Pres. Barack Obama’s overall trade agenda, BDS opponents also scored a major victory this session. They tacked a set of anti-BDS objectives for the U.S. to pursue in trade negotiations onto a larger trade bill, which eventually passed into law (*H.R. 2146 of 4/30/15). Similar provisions introduced as 2 independent measures were added to 6 other trade-related bills but neither passed into law. Of the remaining measures, 2 called on Obama or the European Union to take action against BDS (H. Res. 402 of 7/29/15 and H. Res. 567 of 12/16/15); 1 condemned academic boycotts (H. Res. 318 of 6/16/15); and 2 would have restricted the government’s ability to do business with companies that participate in boycotts targeting Israel (H.R. 2645 of 6/4/15 and H.R. 1572 of 3/24/15).

Hezbollah

While many of the measures regarding Israel or the Iran nuclear negotiations noted that Hezbollah posed a threat to Israel, only 2 bills introduced this session had the explicit goal of sanctioning the group, and only 1 passed into law. Both versions of the Hizballah International Financing Prevention Act of 2015 were designed to tighten sanctions, increase congressional oversight, and facilitate the application of 2 official key designations which would allow the U.S. to hamper the group’s international activities further (S. 1617 of 6/18/15 and *H.R. 2297 of 5/13/15).

Buttressing Israel via U.S. Regional Policy

The Refugee Crisis

In the aftermath of what were widely held to be ISIS-affiliated attacks in Paris on 11/13/15, U.S. politicians and media focused increasingly on the perceived threats posed by the Islamic State of Iraq and al-Sham (ISIS) and the refugees fleeing the ongoing conflicts in Syria and Iraq. Prior to the Paris attacks, 5 measures had been introduced offering support to persecuted religious minorities (H.R. 3942 of 11/5/15 and *S. Res. 310 of 11/9/15), commending Turkey, Jordan, and Lebanon for accepting refugees (H. Res. 509 of 11/2/15), providing funds for refugee resettlement (S. 2145 of 10/6/15), and levying oversight procedures and securityrelated limitations on the Visa Waiver Program (H.R. 158 of 1/6/15). After the attacks, 28 measures were introduced, mostly by Republicans, opposing, restricting, or otherwise blocking entry to the U.S. for refugees from Syria, Iraq, and other places in the Middle East, including Egypt and the oPt. Furthermore, in an effort to counter ISIS, funding and nonlethal aid for rebel groups in Syria was extended through FY 2016 (*H.R. 719 of 2/4/15, *H.R. 2250 of 5/12/15, and *H.R. 2029 of 4/24/15).

Egypt

As Pres. Abdel Fattah al-Sisi further consolidated the authoritarian credentials of his regime in Egypt, the U.S. government’s relationship with Cairo remained guarded. The 7 measures carrying Egypt-related provisions thus reflected Washington’s growing concern with the country’s human rights situation, but also the consensus view that Egypt’s adherence to its 1979 peace treaty with Israel was essential for regional stability. Of the 7 Egypt-relevant measures, 6 were appropriations or authorizations bills; each of the 3 that passed into law approved military and economic aid, renewed the conditionality of such aid on the human rights situation in the country (*H.R. 719 of 2/4/15, *H.R. 2250 of 5/12/15, and *H.R. 2029 of 4/24/15). The final measure, a simple resolution, called on Pres. Obama to designate Egypt as a “country of particular concern” for violations of religious freedom and urged the Egyptian government to repeal or amend its blasphemy laws (H. Res. 290 of 6/2/15). It did not pass.

The 113th Congress, Second Session: 3 January 2014 – 31 December 2014

moderator — Tue, 30 Oct 2018 17:56:11 +0000

The second session of the 113th Congress opened on 1/3/14 and closed almost a full year later, on 12/31/14. As in the first session, the Democratic Party controlled the Senate with 55 seats, including 2 Independents who caucused with them, and the Republican Party controlled the House, with 234 seats. Collectively, the House of Representatives and the Senate spent 270 days in session and considered 3,932 new measures. Eighty-seven of these were relevant to Palestinian affairs and the wider Arab-Israeli conflict, down from 124 in the first session (see Congressional Monitor in JPS 171 for more). The measures under discussion here also include 17 that were introduced during the first session but on which Congress took no action until the second session.

The number of measures dealing directly with the Palestinians rose almost threefold between the 2 sessions, from 8 to 27. This sharp increase reflected legislators’ efforts to counter moves toward Palestinian national reconciliation in the first half of 2014 and to condemn Hamas during Israel’s assault on the Gaza Strip in 7–8/2014.

Overview of the Legislation

There are 2 broad categories of congressional measures: those that, if passed, carry the force of law (bills and joint resolutions) and are therefore considered binding; and nonbinding measures that state the views of Congress (simple and concurrent resolutions). While the bills and joint resolutions are more consequential because they have the potential to become law, the nonbinding measures are important indicators of congressional preferences and policy goals as they “urge,” “affirm,” “recognize,” or “support” people, events, and positions. Of the 104 measures under discussion, 71 were bills or joint resolutions, 10 of which passed into law, and the remaining 33 were simple or concurrent resolutions, of which 16 passed.

Not all of these measures were principally concerned with Palestinian affairs or the wider Arab-Israeli conflict. In 26 such cases, the issues of relevance to this Monitor were mentioned in the debates surrounding the measures or they featured prominently in amendments that were proposed but not considered or attached.

Of the 26 tangential measures, half, or 13, were authorizations or appropriations bills. Authorizations bills set annual funding goals and provide the legal authority for all U.S. government programs and agencies, while appropriations bills approve the funding and transfer of monies to those authorized bodies. The most relevant portions of the 6 appropriations and authorizations measures that passed in 2014 authorized national defense spending for the fiscal year (FY) 2015, including U.S.-Israel joint missile defense programs (*H.R. 3979 of 1/31/14); appropriated funds for FY 2014 and FY 2015, including military and economic support for Israel and the Palestinians (*H.R. 3547 of 11/20/13, *H. J. Res. 124 of 9/9/14, and *H.R. 83 of 1/3/13); provided supplemental funding for the Iron Dome missile defense system in the midst of Operation Protective Edge in 7–8/2014 (*H. J. Res. 76 of 10/3/13); and established a new oversight procedure regarding chemical weapons in Syria (*H.R. 4681 of 5/20/14).

The remaining 13 tangential measures were bills focused on a diverse array of issues: veterans’ benefits (S. 1982 of 2/3/14), religious freedom (S. 653 of 3/22/13), the Muslim Brotherhood (H.R. 5149 of 7/24/14), Russia’s foreign policy (H.R. 4278 of 3/21/14 and S. 2352 of 5/15/14), labor and employment (S. 2223 of 4/8/14 and S. 2569 of 7/8/14), energy savings (S. 2262 of 4/28/14), and gun ownership (S. 2363 of 6/20/14). There were also 4 tangential simple resolutions and each of them passed. Their pertinent provisions recognized Greece’s good relations with both Israel and Muslim nations (*S. Res. 377 of 3/10/14); cited the Holocaust Memorial Museum as a model for expanded efforts to prevent genocide and other atrocities (*S. Res. 413 of 4/7/14); condemned anti-Semitism in the Middle East (*H. Res. 707 of 7/31/14); and noted Iran, Syria, and Egypt as being among the most dangerous countries for journalists in 2013 (*S. Res. 447 of 5/15/14).

Major Trends

During its second session, the 113th Congress maintained its priorities regarding Palestinian affairs and the Arab-Israeli conflict; therefore, the 104 relevant measures it considered fall into the same 3 broad thematic categories as in previous sessions: (1) those directly or indirectly benefiting Israel; (2) those serving Israel’s interests by undermining its adversaries; (3) those buttressing Israel’s position in the Middle East by way of influencing U.S. regional policy, particularly in Egypt and Syria.

Benefitting Israel

Almost half, or 46, of the 104 measures considered here included provisions benefiting Israel directly or indirectly, representing a greater proportion of the total than in the previous session. The 27 binding measures and 11 simple or concurrent resolutions can be further broken down into 4 subcategories to reflect legislative priorities.

Maintaining or Increasing Military Support: Each of the 12 measures in this subcategory carried provisions authorizing or appropriating transfers of military aid to Israel, including 9 larger bills with numerous unrelated provisions and 3 that were introduced in direct response to the Israeli government’s request for supplementary support for the Iron Dome missile defense system. A total of 5 passed into law, including the supplemental Iron Dome appropriation (*H.R. 83 of 1/3/13, *H.R. 3547 of 11/20/13, *H.R. 3979 of 1/31/14, *H. J. Res. 124 of 9/9/14, and *H. J. Res. 76 of 10/3/13).
Strengthening the U.S.-Israeli Alliance: All 7 measures in this subcategory were bills or joint resolutions to reinforce the U.S.-Israeli alliance. Four of them would have increased research cooperation (H.R. 3683 of 12/10/13, H.R. 4472 of 4/10/14, and H.R. 5666 of 9/18/14) or relaxed trade restrictions (H.R. 3961 of 1/29/14). The remaining 3 were different versions of a bill called U.S.-Israel Strategic Partnership Act, each of which comprised various alliance-strengthening measures. The act eventually passed into law as *S. 2673 of 7/28/14. No other measures in this category passed.
Providing Ceremonial or Nonmilitary Support: There were 8 binding measures and 11 simple or concurrent resolutions considered that would have provided Israel ceremonial or other nonmilitary support; a total of 6 passed. In this subcategory, the measures can be further broken down as follows: 2 measures awarding Israeli politician Shimon Peres the Congressional Gold Medal (S. 1456 of 8/1/13 and *H.R. 2939 of 8/1/13); 5 measures relating to the 6/12/14 kidnapping of the 3 Israeli settler teenagers in the West Bank on 6/12/14 (H. Res. 642 of 6/25/14, H. Res. 665 of 7/10/14, S. 2577 of 7/9/14, S. 2579 of 7/9/14, and H.R. 5041 of 7/9/14); 2 measures to recognize Jerusalem as Israel’s capital (*S. Res. 504 of 7/16/14 and H.R. 3629 of 12/2/13); 1 bill would have funded new efforts to promote “dialogue” and “peaceful coexistence” between Israelis and Palestinians (H.R. 5795 of 12/4/14); and finally, 1 bill buttressing Israel’s position with regard to the UN Human Rights Council (UNHRC, H.R. 5649 of 9/18/14). There were also 8 simple or concurrent resolutions introduced during Israel’s assault on the Gaza Strip in 7–8/2014 recognizing Israel’s right to self-defense.
Commemorating Jewish and Israeli History: Of the 8 measures commemorating Jewish or Israeli history, 6 passed. The 2 bills in this subcategory would have denied Social Security benefits to individuals complicit in Nazi crimes (S. 2944 of 11/19/14 and *H.R. 5739 of 11/19/14). The remaining 6 nonbinding measures urged the Obama administration to keep the Iraqi Jewish Archive housed in the U.S. (*S. Res. 333 of 1/16/14 and H. Res. 505 of 3/6/14); commended the Holocaust Memorial Museum (*S. Res. 413 of 4/7/14); recognized May as Jewish American Heritage Month (*S. Res. 458 of 5/22/14); and approved the use of government facilities for Holocaust commemoration ceremonies (*S. Con. Res. 36 of 5/22/14 and *H. Con. Res. 90 of 3/6/14).

Undermining Israel's Adversaries

More than half, or 55, of the 104 measures under discussion carried provisions that would, in some way, undermine Israel’s adversaries. Chief among these was Iran, which was the subject of provisions in 31 measures, followed by the Palestinians with 27. Additionally, there were 4 measures designed specifically to counter the Boycott, Divestment and Sanctions (BDS) movement, with this new legislative priority illustrating the movement’s growing impact in the U.S. Overall, 9 measures from this category passed.

Iran

Generally speaking, most of the 31 measures targeting Iran—21 bills and 10 simple and concurrent resolutions—sought to influence or undermine the international negotiations with Iran over its nuclear program. In almost all cases, Israel’s security was offered as justification. During the second session of the 113th Congress, U.S. legislators sought to manipulate sanctions relief to Iran, a high-stakes issue in the talks underway since 1/2014 with the P5+1 (the 5 permanent members of the UN Security Council plus Germany). Congress also kept up its condemnations of Iran’s human rights and diplomatic record.

Influencing Diplomacy: The 21 measures—18 bills and 3 simple and concurrent resolutions—in this subcategory were efforts to assert congressional authority over the talks by: altering the sanctions regime credited with bringing Iran to the negotiations table; expressing congressional preferences on the U.S. negotiating positions; establishing procedures to give Congress a direct oversight role; combinations of the above. Neither of the 2 measures that garnered the most momentum passed (S. 1881 of 12/19/13 and S. 2650 of 7/23/14), in part due to President Obama’s repeated promise to veto any such legislation. These measures did, however, recapitulate the legislature’s basic position in its ongoing struggle with the White House, which carried over from the first session of 113th Congress (See Quarterly Update in JPS 171–75 for more). In total, 2 of the bills in this subcategory passed; they established requirements for the administration to report to Congress on Iran’s nuclear program, expressed the sense of Congress on relevant U.S. policies, and authorized certain Defense Dept. procedures in order to prepare for a possible military conflict with Iran (*H.R. 83 of 1/3/13 and *H.R. 3979 of 1/31/14).
Human Rights and Diplomacy: The 10 measures—4 bills and 6 simple resolutions—focused on Iran’s human rights record and its conduct in foreign affairs. With respect to human rights, 2 bills called for appropriating funds to State Dept. programs promoting human rights and democracy (S. 2585 of 7/10/14 and S. 2499 of 6/19/14); 2 resolutions broadly condemned the Iranian government (H. Res. 109 of 3/12/13 and *H. Res. 754 of 11/14/14); 2 called for the release of a high-profile U.S. political prisoner (H. Res. 435 of 12/10/13 and *S. Res. 312 of 12/9/13); and 1 resolution recognized Iran as a dangerous country for journalists (*S. Res. 447 of 5/15/14). In terms of diplomacy, 1 resolution described Iran as a cause of regional instability (*H. Res. 657 of 7/8/14) and 2 bills introduced in response to the nomination of Iran’s new ambassador to the UN set forth new rules regulating U.S. visas to UN reps. (*S. 2195 of 4/1/14 and H.R. 4357 of 4/1/14). In total, 4 of the simple resolutions and 1 of the bills passed.

Palestinians

The U.S. has a contradictory relationship with the Palestinians, providing hundreds of millions of dollars in annual economic and security support to the Palestinian Authority (PA) and programs benefiting Palestinian civil society while opposing any Palestinian efforts to deviate from the U.S. vision for a 2-state solution. During the period under review, 27 measures were considered with provisions along these lines—17 bills or joint resolutions and 10 simple or concurrent resolutions.

Restricting Aid: Over half, or 17, of the total included provisions that called for, created, or maintained restrictions on aid either in response to Palestinian political developments or to reflect long-standing congressional priorities. Palestinian national reconciliation, in particular, was the focus of provisions in 10 of these measures, with many legislators opposing the Obama administration’s decision to maintain aid to the PA despite its formation of a unity government with Hamas. The remaining 7 measures mandated restrictions to curtail what was described as Palestinian incitement and the PA’s policy of paying salaries to Palestinians held in Israeli prisons. These measures passed alongside the annual restrictions and aid provisions in the omnibus appropriations bill for 2015 (*H. R. 83 of 1/3/13). Of the remaining 2 measures that passed, one extended FY 2014’s restrictions on aid for an additional 3 months (*H. J. Res. 124 of 9/9/14) and the other had a relevant amendment proposed to it, which was not attached (S.A. 4018 on *H.R. 3979 of 1/31/14).
Condemning Hamas: From a total of 8 simple or concurrent resolutions recognizing Israel’s right to self-defense during its assault on the Gaza Strip that also condemned Hamas’s rocket attacks and/or its alleged use of civilians as human shields, 3 passed. But a bill on the Muslim Brotherhood reaffirming Hamas’s designation as a foreign terrorist organization (H.R. 5194 of 7/24/14) did not.

There was 1 other bill relevant to the Palestinians introduced during this session. Falling outside any of the above subcategories, it would have radically altered the U.S. stance on the 2-state solution. The bill, which did not pass, called for a “plan for peace” comprising, inter alia, Israel’s annexation of the West Bank and Gaza (H.R. 5734 of 11/18/14).

The Boycott, Divestment, and Sanctions Movement

As noted above, BDS drew Congress’s increasing attention this session, particularly after the American Studies Association voted in favor of boycott in 12/2013 (see JPS 171). There were 4 measures introduced with the explicit goal of countering the movement’s growing influence by: denying participating higher education institutions federal funding (H.R. 4009 of 2/6/14); blocking U.S. funds to international organizations that boycott Israeli settlements (H.R. 4519 of 4/19/14 and H.R. 4581 of 5/6/14); and, in effect, barring government contractors from joining the movement (H.R. 5727 of 11/18/14). None of the measures passed. (See Special Document File in JPS 171 for more on the legislative backlash against the BDS movement.)

Buttressing Israel via U.S. Regional Policy

Syria

With the Islamic State of Iraq and al-Sham (ISIS) emerging as a principal actor in the Syrian conflict, and the Obama administration’s decision to step up U.S. involvement in the crisis, Congress maintained its own efforts to manage the U.S. response in Syria. Nevertheless, the 24 measures in this category—17 bills or joint resolutions and 7 simple or concurrent resolutions— represented a drop from the previous year’s 33.

By far the most significant debate of the session was over the nature of U.S. military involvement; 10 measures dealt with this question, including 3 that authorized military support for “vetted” Syrian rebel groups (*H. J. Res. 124 of 9/9/14, *H.R. 3979 of 1/31/14, and *H.R. 83 of 1/3/13). Of the total: 2 resolutions, neither of which passed, called for a Syrian war crimes tribunal; 7 measures shaped the U.S. humanitarian response but only 1 passed (*S. Res. 384 of 3/13/14); 5 bills carried provisions to curb Russian influence in the conflict, with 3 passing (*H.R. 83 of 1/3/13, *H.R. 3547 of 11/20/13, and *H.R. 3979 of 1/31/14); 2 bills would have established congressional oversight procedures, with only 1 passing (*H.R. 4681 of 5/20/14); 1 resolution passed condemning “mass atrocities” in Syria and elsewhere (*S. Res. 413 of 4/7/14); and 1 resolution passed recognizing Syria as among the most dangerous countries for journalists in 2013 (*S. Res. 447 of 5/15/14).

Egypt

Following the military overthrow of Pres. Mohamed Morsi in 7/2013 and Field Marshal Abdel Fattah al-Sisi’s accession to the presidency in June 2014, the U.S. government’s relationship with Egypt was temporarily guarded. While U.S. military support and cooperation with Egypt continued to be seen as essential to regional stability and a guarantor of Egypt’s adherence to its 1979 peace treaty with Israel, the U.S. expressed growing concern with the country’s human rights situation and its record on democracy. Of the 8 measures in this category, 3 bills passed from a total of 5 that authorized military and economic support according to specific disbursal mechanisms linked to human rights and democracy-related benchmarks (*H. J. Res. 124 of 9/9/14, *H.R. 3547 of 11/20/13, and *H.R. 83 of 1/3/13). The remaining 2 bills, which did not pass, called for suspending all aid to Egypt (S. 2477 of 6/17/14) and for the U.S. not to recognize the 6/2013 convictions described as “politically motivated” of 43 nongovernmental organization (NGO) workers by the Cairo Criminal Court, (S. 2649 of 7/23/14). The final measure, a simple resolution that passed, recognized Egypt as a dangerous country for journalists in 2013 (*S. Res. 447 of 5/15/14).

The 113th Congress, First Session: 3 January 2013 – 3 January 2014

moderator — Tue, 30 Oct 2018 17:45:01 +0000

The first session of the 113th Congress opened on 1/3/13 and closed exactly 1 year later. In that time, the 535 legislators met for a total of 316 days (156 for the Senate, 160 for the House of Representatives) and considered over 6,700 measures.

The makeup of the 113th Congress was determined by national elections held in the autumn of 2012, in which the 2 main parties maintained their respective majorities, the Democrats in the Senate and the Republicans in the House. The Democrats gained 2 more Senate seats for a total of 55 (including 2 independent senators who caucus with the Democrats) and the Republicans had 234 members in the House despite losing 8 seats.

A total of 124 measures pertinent to Palestine, Israel, or the wider Arab-Israeli conflict were introduced in the opening session of the 113th Congress, a significant increase over the 79 highlighted in the last Congressional Monitor (see JPS 168). Some of these measures carried provisions that were directly relevant, and others either centered on related subjects or initiated debates whose contents were germane.

Three main factors account for the increase, one structural and two circumstantial. As a general rule, a larger number of measures are introduced during an opening session of Congress because of the protracted gestation period necessary for each measure to pass through the requisite chambers and committees, and also because such measures may carry over to the second session (while the converse is not true, i.e., measures in the second session may not be carried over to the opening session of the subsequent Congress). In addition, the escalation of the conflict in Syria and the renewed crisis in Egypt following the military overthrow of Pres. Mohamed Morsi in 7/2013 combined to focus the attention of legislators more intently on the Arab-Israeli arena.

Overview of Legislation

Congressional measures fall into 2 broad categories: bills and joint resolutions that carry the force of law if passed and non-binding measures that, if passed, merely state the views of Congress on a particular issue (simple and concurrent resolutions). Since bills and joint resolutions can become law, they are more consequential, and fewer of them pass. Simple and concurrent resolutions, which cannot become law, typically “recognize,” “urge,” “encourage,” or “support,” and they serve as important indicators of the mood of Congress. Of the 124 relevant measures under discussion, 85 were bills or joint resolutions, of which 5 passed into law, and the remaining 39 were simple or concurrent resolutions (non-binding), only 10 of which passed. Of a total of 15 measures which passed this session, there were 3 large appropriations or authorizations bills, 5 resolutions on Iran, 3 resolutions commemorating Jewish or Israeli history, and 4 largely unrelated bills and resolutions that only covered relevant issues tangentially.

During this opening session, the 113th Congress considered 26 measures which were largely but not completely unrelated to Israel, Palestine, or the wider region; of these, 20 were bills or joint resolutions and the remaining 6 were simple or concurrent resolutions. Of the total 26, half, or 13, were annual authorizations or appropriations bills. Authorizations bills provide the legal authority for government agencies, programs, and depts., and they set funding policies, while appropriations bills approve the funding and transfer of monies to the relevant bodies. It is with such annual measures that Congress manages U.S. government expenditure, restricting or facilitating administration policies. Military assistance to Israel and Egypt, economic and security aid to Palestine, as well as U.S. contributions to relevant international organizations in the region were among the salient issues addressed in these measures.

Of the 13 authorizations and appropriations bills, 3 passed into law: the Consolidated and Further Continuing Appropriations Act of 2013 (*H.R. 933 of 3/6/13), extending the entire federal budget from the 2012 fiscal year (FY 2012) through the end of FY 2013; the Continuing Appropriations Act of 2014 (*H.R. 2775 of 7/22/13), ending the 10/2013 government shutdown and appropriating funds for the first three and a half months of FY 2014; and the National Defense Authorization Act (*H.R. 3304 of 10/22/13) authorizing Defense Dept. spending in FY 2014, including joint missile defense programs with Israel, crisis response activities relating to Syria, and congressional oversight measures on Iran.

Apart from appropriations and authorizations bills outlined above, the remaining 13 of the largely unrelated measures focused on a wide variety of issues, ranging from restrictions on executive authority (H.R. 3065 of 9/9/13 and H.J. Res. 60 of 9/11/13) and U.S.-Argentina relations (H. Res. 291 of 7/9/13) to the energy sector (H.R. 2231 of 6/6/13), International Press Freedom Day (*S. Res. 143 of 5/16/13), and Greek independence (*S. Res. 84 of 3/20/13). Here, provisions relevant to Israel, the Palestinians, or the Arab-Israeli conflict played a small part. In some cases, Israel, Palestine, and the Arab-Israeli conflict were not even an implicit subject of the measure under consideration but they were brought up during the debate. In others, they were the subject of amendments to these measures which were proposed but not attached. Congress passed 5 of these 13 measures: 2 bills, 2 simple resolutions, and 1 concurrent resolution.

Major Trends

Overall, the priorities of the 113th Congress with respect to Israel, the Palestinians, and the Arab-Israeli conflict were similar to those of its predecessors. Therefore, the present discussion of the 124 relevant measures will be broken down into the 3 broad thematic categories established in the previous monitor: (1) those directly or indirectly benefitting Israel; (2) those serving Israel’s interests by undermining its adversaries in the region; (3) those managing U.S. responses to the recent turmoil in Egypt and Syria.

Benefitting Israel

Just over a third, or 45, of the 124 measures under discussion included provisions benefitting Israel, either directly or indirectly (a proportion consistent with that of recent years), of which 35 were bills and 10 simple or concurrent resolutions. The 45 measures can be further broken down into 4 subcategories reflecting specific legislative priorities.

Awarding Military Support: The 14 bills in this category contained provisions that would either transfer military aid to Israel or boost bilateral military cooperation in some way. Included here are 10 appropriations and authorizations bills, among them the 3 that passed into law. Of the remaining 4 bills in this category, 3 would increase support for the Iron Dome missile defense system (H.R. 1130 of 3/13/13, H.R. 2717 of 7/17/13, and H.R. 2701 of 7/16/13), and 1 would expand U.S. capacity for preserving Israel’s “qualitative military edge” (H.R. 1992 of 5/15/13).

Strengthening the U.S.-Israeli Alliance: The 13 bills and 3 concurrent resolutions in this category contained provisions that would strengthen the alliance between the U.S. and Israel and/or boost bilateral cooperation. Of these, 6 measures pertained to the relocation of the U.S. embassy in Israel to Jerusalem (e.g. H.R. 104 of 1/3/13). Another 4 bills in this category carried provisions designed to facilitate Israel’s entry into the U.S. visa waiver program (e.g. H.R. 938 of 3/4/13), under which member states’ citizens enjoy an easing of U.S. travel restrictions. The remaining measures in this category would bolster Israel’s position in international forums (S. 1313 of 7/17/13, S. Con. Res. 7 of 3/13/13, and H. Con. Res. 23 of 3/13/13) and expand energy-related scientific cooperation to include natural gas programs (S. 1491 of 9/10/13, H.R. 3677 of 12/9/13, and H.R. 3683 of 12/9/13). None of the measures in this category passed.

Commemorating Israeli and Jewish History: There were 6 bills in this category, along with 3 simple resolutions and 1 concurrent resolution. Two of the bills would provide direct assistance to Holocaust survivors in the U.S. (S. 999 of 5/21/13 and H.R. 2064 of 5/21/13), 2 others would create a new legal avenue for some Holocaust survivors to seek damages (S. 1393 of 7/30/13 and H.R. 1505 of 4/11/13), and the remaining 2 would expand Holocaust-related education programs (S. 925 of 5/9/13 and H.R. 1477 of 4/11/13). The object of the 3 simple resolutions was the recognition of an American-Jewish organization (*S. Res. 299 of 11/19/13) and of heroic actions during the Holocaust (*S. Res. 227 of 9/17/13 and *S. Res. 290 of 11/11/13). The concurrent resolution would have marked the anniversary of Israel’s independence (H. Con. Res. 30 of 4/10/13). All 3 simple resolutions in this category passed, but none of the other measures did.

Displaying Ceremonial Support: Each of the 3 simple and concurrent resolutions and the 2 bills in this category would have offered some type of ceremonial support or recognition for Israeli citizens or policies. Only 1 simple resolution here passed, commending Greece’s relations with Israel and Muslim countries on the anniversary of Greece’s independence (*S. Res. 84 of 3/20/13). The other measures in this category would award Israeli president Shimon Peres a Congressional Gold Medal (H.R. 2939 of 8/1/13 and S. 1456 of 8/1/13) and urge continued support for Israel against its adversaries (H. Res. 98 of 3/5/13 and S. Con. Res. 27 of 11/21/13).

Undermining Israel's Adversaries

Almost one third, or 38, of the 124 measures under discussion included provisions reflecting this legislative priority, of which 19 were bills and 19 simple and concurrent resolutions. They centered on Iran, with a substantial focus on the sanctions program, and on the Palestinians, with whom the U.S. has a historically complex relationship.

During this legislative session, Congress considered 30 measures related to Iran—15 bills and 15 simple and concurrent resolutions. As in previous years, Congressional efforts to pressure Iran were frequently justified on the basis of Israeli security concerns. Iran garnered intense congressional attention during the session as new facets of the U.S.-Iran relationship emerged in the wake of Iranian president Hassan Ruhani’s election in June 2013 and the ensuing high-level negotiations over Iran’s nuclear program. In light of those developments, legislative measures on Iran in the first session of the 113th Congress can be divided into 2 main subcategories.

Managing Sanctions: Although Congress passed no new measures strengthening sanctions against Iran, the subject was one of perpetual interest to many legislators, with some 15 measures either referring to or focusing on sanctions—11 bills and 4 simple and concurrent resolutions. Measures of note in this category included the Nuclear Iran Prevention Act (H.R. 850 of 2/27/13) and the Nuclear Weapon Free Iran Act (S. 1881 of 12/19/13), which served as the main vehicles of Congressional support for new sanctions in their respective chambers.

Influencing Diplomacy: Both in the lead-up to the election of President Ruhani on 6/4/13 and throughout the ensuing period of multilateral negotiations, Congress sought to influence and shape the U.S.-Iran relationship in a variety of ways. Among them were the 15 measures in this category—4 bills and 11 simple resolutions—urging the Obama administration to take specific actions on the nuclear negotiations (e.g. S. Res. 252 of 9/24/13), calling for political changes in Iran (e.g. *S. Res. 154 of 5/23/13), requesting the release of certain political prisoners in Iran (e.g. S. Res. 312 of 12/9/13), increasing congressional oversight of the Defense Dept. (*H.R. 3304 of 10/22/13), and putting forward parameters for the nuclear negotiations that would effectively restrict the process (e.g. H.R. 3292 of 10/15/13). None of the bills and 4 resolutions passed.

The remaining 8 measures in this rubric focused or carried provisions on Palestinian affairs. Of the 4 resolutions, 3 reiterated Congress’s support for a two-state solution (e.g. H. Res. 238 of 5/23/13) and 1 called on Palestinian Authority (PA) Pres. Mahmud Abbas to “clarify a presidential succession plan” (H. Res. 177 of 4/23/13). Of the 4 bills, 3 were large appropriations and authorizations bills of which security assistance to the PA and economic support for Palestinian society formed only a small part (e.g. *H.R. 933 of 3/6/13). The last bill, titled “The Palestinian Accountability Act,” would institute a series of conditions and restrictions on further assistance to Palestinians (H.R. 1337 of 3/21/13). One of the bills, and none of the resolutions, passed.

Regional Reaction - Syria

The growing conflict in Syria, especially the Syrian government’s alleged use of chemical weapons on 8/21/13, led to a sharp spike in congressional measures aimed at Syria in comparison with previous years. Each of the 33 measures here—26 bills and joint resolutions and 7 simple and concurrent resolutions—sought to define the nature of the U.S. response to the conflict. Because the administration’s policy on Syria was evolving throughout the year, many of the 26 bills in this category were comprehensive measures addressing multiple ongoing policy questions. These included: whether or not to provide assistance to Syrian rebel groups (e.g. S. 856 of 5/6/13 and H.R. 5303 of 6/25/13); how much humanitarian assistance to offer neighboring countries (e.g. *H.R. 3304 of 10/22/13); whether the U.S. should facilitate regime change in Syria (e.g. S. 617 of 3/19/13); and, the question that garnered the most media attention, whether or not to authorize military force in response to Syria’s alleged use of chemical weapons (e.g. S. J. Res. 21 of 9/6/13). Of the 7 resolutions, 3 called for the International Criminal Court (ICC) to put human rights abusers in Syria on trial (e.g. S. Res. 219 of 9/9/13), 2 urged a peaceful resolution to the conflict (e.g. H. Res. 223 of 5/17/13), 1 commented on the president’s right to initiate military action (H. Con. Res.40 of 6/20/13), and 1 decried the lack of press freedom in Syria (*S. Res. 143 of 5/16/13). In this category, 1 of the simple resolutions and 3 of the bills passed.

Regional Reaction - Egypt

As with Syria, the turbulent political situation in Egypt, particularly the military overthrow of Pres. Mohamed Morsi in 7/2013, accounted for the increase in the number of congressional measures considered in this session. The 19 measures in this category—18 bills and 1 simple resolution—sought to clarify or influence the evolving U.S. relationship with a changing Egypt. In almost every case, the measures call for the protection of Israel’s interests with provisions to ensure Egypt’s continued adherence to the two countries’ 1979 peace treaty. Of the 19 measures, 5 bills and 1 resolution would either prohibit unconditionally any U.S. assistance to Egypt or urge the prohibition of such assistance in whole or in part (e.g. H.R. 276 of 1/15/13), 11 bills would condition or obstruct aid to Egypt (e.g. H.R. 416 of 1/25/13), and 2 bills were simply vehicles for Egypt-related amendments that were proposed, but not attached (e.g. S. 1243 of 6/27/13). Ultimately, only 2 bills passed, with minimal content on Egypt.

The 112th Congress, Second Session: 3 January 2012 – 3 January 2013

moderator — Tue, 30 Oct 2018 17:35:55 +0000

The 112th Congress was in session from 1/2011 to 1/2013. The first session (convened on 1/5/11 and adjourned on 1/3/12) was covered in JPS 164. The second session, covered below, opened on 1/3/12 and adjourned on 1/3/13, bringing the 112th Congress to a close.

During the second session of the 112th Congress, 79 measures relevant to Israel, the Palestinians, and the Arab-Israeli conflict were acted on, a similar total to recent sessions. Of these, 71 were newly introduced and 8 were carried over from the first session in 2011.

Congressional measures fall into 2 broad categories: those that have the force of law if passed (bills and joint resolutions), and those that, if passed, are nonbinding, merely stating the views of Congress on a given issue (simple and concurrent resolutions). Bills and joint resolutions tend to be more consequential, and a smaller percentage of them pass. Simple and concurrent resolutions typically ‘‘urge,’’ ‘‘recognize,’’ ‘‘support,’’ or ‘‘encourage’’ persons and events, and while they cannot become law, they are important indicators of the mood of Congress.

Of the 79 relevant measures, 48 were bills or joint resolutions, 8 of which passed into law (up from 3 in the first session). The remaining 31 measures were simple or concurrent resolutions, 11 of which passed (up from 8 in the first session).

It is worth noting that not all of the measures listed below focus primarily on the issues of concern to this monitor. Of the 79 measures considered, 19 address multiple or broader issues, with Israel, the Palestinians, Iran, and the wider region representing only a portion (and sometimes only a fraction) of the measure in question. All 19 of these bills or joint resolutions, which, having the force of law if passed, tend to be (as noted above) more consequential.

Eight of the 19 addressing multiple or broader issues are appropriations and authorizations bills, annual acts of Congress that provide legal authority and funding for U.S. programs and agencies. This session, relevant funding was provided by appropriations bills involving such issues as national defense, energy and water development, State Department and foreign operations, and disaster relief. A number of these have great import for the region, but by their very nature they cover many regions of the world, of which the Middle East is only one. Of the 8 appropriations and authorizations bills relating to our subject matter that were introduced in 2012, 2 passed. First, the National Defense Authorization Act (*H.R. 4310 of 3/29/12) provided the authority to transfer support funds to Israeli missile defense programs and expanded sanctions on Iran. Second, the Continuing Appropriations Resolution (*H. J. Res. 117 of 9/10/12) allowed for the extension of the FY 2012 budget, averting a government shutdown and approving funding for Israel, the Palestinian Authority (PA), other countries in the Middle East, and federal agencies servicing the region.

Besides the appropriations and authorizations bills, the other 11 bills in this category focus on specific sectors (e.g., cybersecurity, Western Hemisphere security, homeland security, older Americans, the Food and Drug Administration, and agricultural reform and jobs). In these bills, the topic or topics of relevance to the monitor, which are not necessarily directly related to the subject of the bill in question, may be dealt with in a single paragraph or amendment.

Overview of Legislative Trends

Measures acted upon during the second session of the 112th Congress relating to Israel, the Israeli-Palestinian conflict, and the wider region can be divided into 3 broad categories: those that benefit Israel directly or indirectly, those that serve Israel’s interests by undermining its adversaries, and those responding to the recent turmoil in the Middle East. Much of this legislation is aimed, in one way or another, at strengthening the U.S.-Israeli alliance.

An overview of the measures that passed this session is as follows: Of the 8 bills that were passed by both chambers of Congress and signed into law, 3 principally benefited Israel, 2 undermined Israel’s adversaries, 1 memorialized the Holocaust, and 2 were large appropriations or authorizations bills that covered many topics. Of the 11 simple or concurrent resolutions that passed, 3 undermined Iran individually, 1 targeted Iran and Syria together, 2 targeted Hizballah, 2 supported Israel’s Operation Pillar of Defense in Gaza in 11/2012, 2 commemorated Israeli history, and 1 saluted Greece for its history of good relations with Israel and Muslim countries.

Benefiting Israel

As in past years, this was the largest category of measures presented in the monitor. Just over half the 79 total measures, or 39, benefited Israel either directly or indirectly. Of these 39, 24 were bills or joint resolutions and 15 were simple or concurrent resolutions. Overall, the 39 measures seen as strengthening or benefiting Israel can be divided into 3 main groups, as follows:

Quantifiable Benefits. Twenty bills and joint resolutions—carrying the force of law if passed—are in this group, 4 of which passed. These bills strengthened the U.S.-Israel relationship by transferring direct military aid, increasing Israeli citizens’ special privileges, and extending financial and diplomatic benefits. Specific examples of measures in this category would have increased levels of aid for the Iron Dome missile defense system (H.R. 4229 of 3/21/12, *H.R. 4310 of 3/29/12), extended U.S. loan guarantees to Israel (H.R. 4197 of 3/16/12, *H.R. 4133 of 3/5/12), or allowed Israeli citizens special rights to investigate copyrighted devices (S. 2292 of 4/17/12). Also included in this subcategory is direct aid to Israel, addressed in the annual bills that appropriate military support funds and authorize the expansion of U.S.-Israel cooperative programs.
Commemorating Israeli and Jewish History. Fourteen bills and nonbinding resolutions were in this group. Four of these were bills, of which 1 passed, and 10 were simple or concurrent resolutions, of which 2 passed. These measures recognized the heroic actions of individuals or countries during the Holocaust, commemorated tragic events in Israeli history, and increased support for programs serving Holocaust survivors. One successful example called on the International Olympic Cmte. to hold a moment of silence for the anniversary of the athletes killed at the 1972 Munich Olympics (*S. Res. 504 of 6/25/12). Another indicative resolution would have permitted use of the Capitol rotunda in a Holocaust memorial service (H. Con. Res. 108 of 3/19/12).
Supporting/Approving Israeli Actions. All 5 measures of this group were simple or concurrent resolutions. The 2 successful resolutions in this group passed in 11/2012 after the escalation of violence between the Israeli military and militants in Gaza. The violence prompted swift response from Congress, where both the House and Senate unanimously passed resolutions condemning Hamas’s aggression and supporting Israel’s right to conduct Operation Pillar of Defense (*S. Res. 599 of 11/15/12, *H. Res. 813 of 11/16/12).

Undermining Israel’s Adversaries

Thirty-one of the total 79 measures considered here contain provisions on this theme. Eighteen of the 31 were bills or joint resolutions, 3 of which passed, and 13 were simple or concurrent resolutions, 6 of which passed. Most prevalent among these are measures targeting Iran, followed by Syria and Iranian ‘‘proxies’’ such as Hizballah. The Palestinians are also in this category, but their situation is more complex, involving a consistent supply of U.S. aid and numerous behavioral conditions on the use of that aid.

Iran is second only to Israel in the number of measures specifically devoted to it, with increased pressure on Iran often framed in terms of Israel’s selfdefense. Iran figured explicitly in 20 of the 31 measures on this theme, and was the principal focus of 16 (including 1 that focused both on Iran and Syria). Eleven of the measures focused on Iran were bills and joint resolutions that would have become law if passed. Two of these did pass into law: the Iran Threat Reduction and Syria Human Rights Act (*H.R. 1905 of 5/13/2011) and the Countering Iran in the Western Hemisphere Act of 2012 (*H.R. 3783 of 1/18/2012), which also cited Hizballah. Three of the 9 resolutions mentioning Iran passed. Almost all measures specifically targeting Iran involved expanding sanctions and/or preventing Iran from acquiring a nuclear capability.

In the perceptions and actions of Congress, Syria has long been treated similarly to Iran as an enemy of Israel. Although the ongoing civil war in Syria has introduced a new dimension, this treatment continues in 4 of the 8 measures dealing with Syria (the remaining 4 will be dealt with in the next section). Three of these measures involved the imposition of sanctions—2 bills and 1 simple resolution. Of these only the above-mentioned *H.R. 1905 and the resolution supporting it (*H. Res 750 of 8/1/12) passed.

Hizballah was mentioned in 9 measures—4 in connection with Iran, 2 in connection with Syria, 1 in connection with both Iran and Syria, and 2 alone. The 2 measures targeting Hizballah alone were simple resolutions that called on the EU to designate Hizballah a terrorist organization (*H. Res. 834 of 12/17/12, *S. Res. 613 of 12/11/12).

Five measures—4 bills and 1 nonbinding resolution—dealt with the Palestinians. Two of these focused exclusively on them: a simple resolution stating that the PLO should not be allowed to have an office in Washington (H. Res. 524 of 1/24/12), and the Palestine Peace Promotion and Anti-Incitement Act (H.R. 5303 of 4/27/12), which would have created an independent treasury fund for Palestinians through which all aid would flow until incitement ends. The other 3 bills in the group were large appropriations bills with provisions involving aid to the Palestinians. Like the abovementioned ‘‘anti-incitement’’ bill, they sought to condition U.S. aid on Palestinian performance with regard to the peace process. The only 1 of the 5 measures to pass was the Continuing Appropriations Resolution (*H.J. Res. 117 of 9/10/12).

Regional Reactions

Throughout 2012, Congress struggled to formulate a comprehensive U.S. response to the ongoing regional turmoil. Some lawmakers saw it as a potential threat to Israel’s security; others saw it as an opportunity to express American values. Specifically, events in Egypt, Syria, and Turkey attracted substantial attention from Congress. Sixteen of the 79 measures considered by this monitor carried provisions on this theme. Of these, 12 were bills and joint resolutions, 1 of which passed, and 4 were simple or concurrent resolutions, none of which passed.

In reaction to the popular uprisings, 8 bills and 1 resolution were introduced to deal with Egypt, 1 of which passed. These measures would have either cut off all U.S. military aid (S. 3576 of 9/19/12, H.R. 6646 of 12/11/12), conditioned aid on the 1979 Egypt-Israel peace treaty (S. 3670 of 12/12/12, H.R. 6657 of 12/13/12), or maintained levels of aid from previous years (*H. J. Res. 117 of 9/10/12, S. 3241 of 5/24/12).

The ongoing violence plaguing Syria in 2012 was another source of congressional uncertainty. Though there were 8 total measures dealing with Syria, only 4 were principally responses to the ongoing civil war. These 4 measures would have facilitated congressional oversight on any future U.S. intervention (S. 2224 of 3/22/12, H. Res. 770 of 8/2/12), imposed sanctions on human rights abusers (S. 2034 of 1/24/12), and imposed sanctions on Syria’s petroleum and finance sectors (S. 2152 of 3/2/12).

Since the 2010 attack on the Mavi Marmara aid flotilla, relations between Israel and Turkey have been rocky. In 2012, there were 3 measures introduced that constituted American attempts to manage that antagonism and to ensure Israeli dominance in the region. These 3 measures—1 bill, 1 simple resolution, and 1 concurrent resolution—would have either permitted the sale of defense materials to Turkey (H.R. 6649 of 12/11/12) or supported Cyprus’s efforts to defend itself from Turkish influence (H. Res. 676 of 6/5/12, S. Con. Res. 47 of 6/6/12). None of the 3 measures passed.

The 112th Congress, First Session: 5 January 2011 – 3 January 2012

moderator — Tue, 30 Oct 2018 17:26:06 +0000

The 112th Congress opened with a fierce budget debate left unresolved at the end of the 111th Congress in 12/10. Republicans took control of the House and made significant gains in the Senate in the 2010 midterm elections, with strong support from Tea Party groups. The central issue for Republicans was reducing federal spending. The debate was so divisive that a bill to set spending for FY2011, which had begun 10/1/10, was not passed until 4/15/11, barely averting a government shutdown.

Before the 112th Congress opened, House Budget Cmte. Chmn. Paul Ryan (R-WI) said he wanted to return to 2008 spending levels by cutting $100 b. from the 2011 budget. A similar plan was presented by the Republican Study Cmte. (RSC), the conservative caucus of 165 House Republicans. Republicans generally exempted defense and security spending from their budget proposals, but foreign assistance was often a target, with the RSC calling for eliminating the U.S. Agency for International Development (USAID), which provides a large portion of aid to the West Bank and Gaza.

It was in this climate that Israel was slated to receive a substantial increase in military assistance under the terms of a 2007 U.S.-Israeli Memorandum of Understanding (MOU), and Pres. Barack Obama requested increases in U.S. support for Israeli missile-defense programs and in security assistance to the PA Security Forces (PASF).

While a cut in U.S. aid to Israel was improbable, it was a possibility. Before becoming chair of the House Foreign Affairs Cmte., Rep. Ileana Ros-Lehtinen (R-FL), a fervent supporter of Israel backed by the American Israel Public Affairs Committee (AIPAC) and pro-Israel political action committees (PACs), suggested she would support reducing aid to Israel if the Republican leadership deemed it necessary. Newly elected Sen. Rand Paul (R-KY), a Tea Party favorite, suggested that all foreign aid, including Israel’s, be cut, a suggestion immediately repudiated by Democrats and Republicans alike, as well as by AIPAC, J Street, and Christians United for Israel (CUFI).

To shield assistance to Israel from budget cuts, incoming House Majority Leader Eric Cantor (R-VA) proposed removing it from the foreign-operations budget and making it a separate line item in the defense budget. Democrats and pro-Israel groups resisted the proposal, arguing a robust foreign-assistance budget aided Israel’s security and fearing a standalone line item would be more vulnerable to future cuts.

AIPAC privately expressed to Republican leaders its concerns about Cantor’s proposal. The group also mildly resisted the effort in a public statement citing the importance of U.S. assistance to Israel and of the aid being part of a strong overall foreign-assistance budget, and noting Cantor’s past support of foreign aid.

The uncertainty of the budget debate prompted pro-Israel groups to push Congress to maintain aid levels. Members of the pro-Israel PAC NORPAC met 450 members of Congress (4/6/11) to lobby for continued aid to Israel. Additionally, at the conclusion of J Street’s 2/26–3/1/11 conference, activists met over 200 members of Congress to urge continued aid to Israel and the PA. Specifically, J Street asked them to sign a letter to Pres. Barack Obama to resist efforts to reduce foreign aid and separate Israel from the foreign-affairs budget, and to support his request for increased funding for Israel and the PA. The letter gained 116 Democratic signatures and was sent 3/15/11. Separately, the U.S. Global Leadership Coalition, an umbrella organization founded by and including AIPAC, warned that proposed budget cuts would hurt U.S. commitments to “key allies in the Middle East.”

A major sign that assistance to Israel was safe came when 67 freshman Republican House members, most Tea Party affiliates and all advocates of drastic budget cuts, signed a 2/11/11 letter to the House Republican leadership supporting fully funding aid for Israel. The letter asserted that U.S. security “is directly tied to the strength and security of the State of Israel.” A similar letter was sent to Sen. Minority Leader Mitch McConnell (R-KY) by 11 Senate Republican freshmen on 4/1/11. Republican support for Israel’s aid was subsequently borne out as new budget proposals were made.

The first Republican attempt to reduce federal spending was made with H.R. 1, to set FY2011 spending. Four amendments to reduce spending beyond the Republican leadership’s targets were introduced, but each exempted military assistance to Israel along with defense and security spending (H.A. 104, 111, 167, and 172 to H.R. 1 of 2/11/11). This pattern continued when, citing the U.S. government’s $1.5 t. deficit, Rep. Andy Harris (R-MD) submitted two amendments to the energy and water development appropriations bill (H.A. 600 and 675 to H.R. 2354 of 6/24/11), which removed $6 m. from the $8 m. budget for the Dept. of Energy’s international renewable energy programs, but earmarked the remaining $2 m. for energy programs carried out with Israel. Further attempts to cut contributions to the UN and broader foreign-assistance programs were made in the House Foreign Affairs Cmte. amendments to the Foreign Relations Authorization Act (H.R. 2583 of 7/19/11), but the bill also authorized increased military assistance for Israel.

Funding Cuts Targeting Palestine, the UN, and Regional Actors

While Republicans proposed broad cuts to foreign aid out of budget concerns, Republicans and Democrats alike proposed specific aid cuts in reaction to regional events. Nineteen bills to withhold U.S. economic and/or military assistance to the PA, the UN, Lebanon, and/or Egypt were introduced, most permitting the president to waive restrictions in the interest of U.S. national security.

Recognition of Palestine at the UN

Congress convened as PA efforts to gain recognition of a Palestinian state were underway. Brazil, Argentina, Ecuador, Chile, and Bolivia recognized Palestinian statehood before the planned push for UN General Assembly recognition in the 9/2011 session. Before the UN session, two bills were introduced to prohibit funding to the PA if it sought UN recognition or unilaterally declared independence (H.R. 1592 of 4/15/11 and H.R. 2583 of 7/19/11). The House and Senate both overwhelmingly passed nonbinding resolutions (H. Res. 268 of 5/13/11 and S. Res. 185 of 5/16/11) calling on Pres. Obama to veto any UN Security Council resolution on Palestinian statehood and warning that continued PA pursuit of recognition jeopardized future assistance to it. Both resolutions were AIPAC lobbying priorities. Reps. Kay Granger (R-TX) and Nita Lowey (D-NY), the chair and ranking member of the House Appropriations Cmte. State and Foreign Operations Subcmte., wrote PA pres. Mahmud Abbas (7/7/11) warning that their “ability to support current and future aid would be severely threatened” if the PA sought UN recognition or formed a unity government with Hamas.

The UN itself was targeted for funding cuts if it recognized Palestinian statehood or upgraded the PLO mission’s status. Despite an existing law barring funding to any UN body granting the PLO mission the same status as a member state, 7 bills were introduced that threatened such a cutoff. The UN Educational, Scientific, and Cultural Organization (UNESCO) voted to admit the PLO delegation 10/31/11; the same day the State Dept. froze its $60 m. UNESCO contribution. Anticipating the vote, Rep. Lowey wrote UNESCO dir.-gen. Irina Bokova (10/5/11) warning of a funding cutoff and urging cancellation of the vote on Palestinian membership.

Fatah/Hamas Unity Government

The 5/4/11 Fatah-Hamas agreement to form a national-unity government became a major concern in Congress. Despite the proposed government’s narrow focus, 6 bills sought to cut assistance to the PA if it included Hamas. Two bills carried over restrictions in place since 2009 on funding for a unity government, namely that the government forswear violence, recognize Israel, and abide by past peace agreements (H.R. 1 of 2/11/11 and H.R. 1473 of 4/11/11). Two others expanded the restriction to include any power-sharing government resulting from an agreement with Hamas, regardless of whether it included Hamas members, and over which Hamas “exercises undue influence” (H.R. 2055 of 5/31/11 and H.R. 3671 of 12/14/11). Two additional bills sought to broaden the restrictions, one restricting aid until Hamas recognized Israel as a Jewish state and stopped terrorism and incitement (H.R. 2457 of 7/7/11), the other blocking aid to any government that included Hamas members, regardless of any Hamas softening of its stance toward Israel (H.R. 2583 of 7/17/11).

Three resolutions urged Obama to suspend aid to any unity government until Hamas accepted the Quartet principles (H. Res. 244 of 5/3/11, H. Res. 268 of 5/13/11, and S. Res. 185 of 5/16/11). The 7/7/11 Granger/Lowey letter to Abbas threatened an aid cutoff if a unity government were formed. Two groups of senators wrote Pres. Obama urging him to stop funding for the PA until Hamas met the Quartet conditions. The Democratic letter, written by Sens. Robert Menendez (D-NJ) and Bob Casey (D-PA) and signed by 25 other senators, was delivered 5/6/11 the Republican letter followed on 6/22/11 written by Sens. Jerry Moran (R-KS) and John Boozman (R-AR) and signed by 14 additional senators. The Zionist Organization of America (ZOA) organized both letters and lobbied for a halt to assistance to the PA.

UN Funding and the Goldstone Report

Besides threatening the UN over PA statehood, Congress, motivated by Judge Richard Goldstone’s 4/1/11 Washington Post op-ed recanting his opinion that Israel had intentionally targeted civilians, also threatened the UN with funding cuts unless it annulled the Goldstone Report on the 2008–9 war in Gaza. Two bills were introduced soon after to withhold all funding to the UN until it annulled the report (H.R. 1501 of 4/12/11 and S. 923 of 5/9/11). Later two other bills were introduced to withhold from the U.S. contribution to the UN an amount equal to its share of the Goldstone mission’s expenses (H.R. 2829 of 8/30/11 and S. 1848 of 11/10/11). Two other resolutions urged the UN Human Rights Council to rescind the report (S. Res. 138 of 4/8/11) and recognized Goldstone’s admission that the report’s conclusions were deeply flawed (H. Res. 232 of 4/15/11).

UNRWA Funding

Republican lawmakers sought to cut U.S. contributions to the UN Relief and Works Agency (UNRWA), reflecting the long-standing GOP perception that the agency perpetuates the Palestinian refugee issue and supports terrorism. Three bills were introduced to withhold U.S. funding until UNRWA met a litany of conditions (H.R. 2457 of 7/7/11) and to extensively audit it to ensure it is not supporting terrorism (H.R. 2829 of 8/30/11 and S. 1848 of 11/10/11).

Assistance to Egypt

Following the January overthrow of Egyptian pres. Husni Mubarak, Congress became concerned with Egyptian-Israeli relations. The Senate passed (2/3/11) by unanimous consent a resolution supporting democracy and a peaceful transition of power, but as fears increased over the ruling Supreme Council of the Armed Forces’ attitude toward Israel and increasing Muslim Brotherhood influence, 6 bills were introduced conditioning U.S. assistance on Egyptian compliance with the 1979 peace treaty with Israel.

Assistance to Lebanon

Events in Lebanon also prompted proposed restrictions to its economic and military assistance program. An 8/3/10 border clash that killed an Israeli soldier and two Lebanese soldiers had led Rep. Howard Berman (D-CA) to place a temporary hold on further military assistance in 2010. Congress was concerned that the Lebanese Armed Forces (LAF) was negligent in disarming Hizballah and that U.S. assistance could wind up aiding the group, concerns that deepened when PM Sa‘d Hariri’s government collapsed on 1/12/11 and Hizballahsupported Najib Mikati formed a new government. Eight bills were introduced restricting funding to Lebanon. FY2011 military assistance was prohibited unless the secy. of state certified it as in the national security interest (see H.R. 1473 of 4/11/11, which on 4/15/2011 became Public Law 112-10). The strictest measures were the Hezbollah Antiterrorism Act (H.R. 2215 of 6/16/11), a similar amendment to a defense funding bill (H.A. 14 to H.R. 2219 of 6/16/11), and the Foreign Relations Authorization Act (H.R. 2583 of 7/19/11).

Final Action by Congress

These efforts to cut off or restrict U.S. assistance to the Palestinians, the UN, Lebanon, and Egypt culminated in the Consolidated Appropriations Act, 2012 (H.R. 2055 of 5/31/11). The bill funded all these programs, but allowed the administration to spend the money only if Congress’s conditions were met. On the UN recognition bid, legislators did not cut off PA funding, but prohibited economic assistance if a second attempt were made. Assistance to the PASF was not affected, and the prohibition on economic assistance could be waived in the U.S. national interest. New restrictions were added cutting off funding to any PA government arising from an agreement with Hamas or over which Hamas “exercises undue influence,” again subject to a presidential waiver. Economic and security assistance to Egypt is prohibited unless Egypt abides by the 1979 treaty with Israel. Military assistance to Lebanon is also prohibited if the LAF is controlled by a “foreign terrorist organization.” No further restrictions on funding for the UN were added beyond those already in place.

Other Major Priorities

Israel

Nine bills sought military or economic aid for Israel, including each of the 3 bills that became law. Of the three laws, two provided grants for Israel for purchases of military equipment from the United States, resettlement of Jewish migrants to Israel, and U.S.-Israeli energy cooperation, as well as providing annual funding for Israeli missiledefense systems (H.R. 1473 of 4/11/11 and H.R. 2055 of 5/31/11). The third authorized Defense Dept. research and development programs and also sanctioned Iran’s financial sector (H.R. 1540 of 4/14/11). Six other bills would provide other benefits to Israel. One would allow Israel to retain its major settlement blocs, ease arms sales to Israel, and recognize Jerusalem as Israel’s capital (H.R. 2583 of 7/19/11); another would make Israelis eligible for a special investor visa (S. 921 of 5/9/11); and a third would allow the president to carry out combat operations to defend Israel without congressional authorization (H.R. 1609 of 4/15/11).

Iran

Iran’s ongoing nuclear program continued to be a major concern. With no progress made in multilateral negotiations with Iran, the administration focused on imposing unilateral economic sanctions on Iran’s petroleum and banking sectors. Having sanctioned Iran’s petroleum sector in 2010, Congress focused on Iran’s financial sector, seeking to penalize foreign banks doing business with it and tightening sanctions on petroleum.

Eight bills targeted Iran’s financial sector, particularly the Central Bank of Iran. AIPAC lobbied extensively for three of these bills, H.R. 1905 of 5/13/11, S. 1867 of 11/15/11, and H.R. 1540 of 5/14/11, the National Defense Authorization Act, 2012, which passed into law. Five further bills targeted Iran’s weapons of mass destruction (WMD) programs (H.R. 1655 of 4/15/11, H.R. 2105 of 6/3/11, and S. 1619 of 9/22/11) and services to Iranian shipping and offshore oil platforms (S. 1496 of 8/2/11 and H.R. 2998 of 9/21/11). In addition, five nonbinding resolutions condemned Iran’s human-rights violations (H. Res. 94 of 2/15/11, and H. Res. 134 and S. Res. 80, both of 3/1/11), with one bill supporting Israel’s right to attack Iran (H. Res. 271 of 5/23/11) and another urging the designation of Venezuela as a state sponsor of terrorism because of its relationship with Iran (H. Res. 247 of 5/4/11).

The Arab Spring

Apart from Egypt, the “Arab Spring” uprisings had limited impact in Congress. Two AIPAC-backed resolutions expressing congressional support for human rights in Syria cited Syria’s support for Hizballah (S. Res. 180 of 5/11/11 and H. Res. 296 of 6/3/11). Two bills to impose sanctions against Syria and aid opposition groups likewise cited Syrian support for Hizballah and Hamas as well as the 5/15 demonstration on the Golan Heights (H.R. 2106 of 6/3/11 and S. 1472 of 8/2/11). Another resolution opposing deploying U.S. ground troops in Libya directed the president to report on the Libyan Transitional National Council’s relationship with Hizballah (H. Res. 292 of 6/3/11).

Overview of Legislative Action

Overall, 94 measures relating to Palestine, Israel, and the Arab-Israeli conflict were introduced this session. Sixty-five of these were bills and joint resolutions that if passed would carry the force of law. Three eventually became law:

The Defense Dept. and Full-Year Continuing Appropriations Act, 2011 (H.R. 1473 of 4/11/11) and the Consolidated Appropriations Act, 2012 (H.R. 2055 of 5/31/11) provided military and some economic assistance to Israel, as well as economic and security assistance to the Palestinians, Lebanon, and Egypt for 2011 and 2012 respectively. The National Defense Authorization Act for Fiscal Year 2012 (H.R. 1540 of 4/14/11) authorized Defense Dept. research and development for Israeli missile-defense systems and contained new sanctions on Iran’s financial sector sought by AIPAC and the wider pro-Israel community.

In addition, 29 simple and concurrent resolutions were introduced, 8 of which passed. Expressing the “sense of Congress,” these do not have the force of law but can carry significant political weight.

The 111th Congress, First Session: 6 January 2009 – 24 December 2009

moderator — Tue, 30 Oct 2018 17:15:06 +0000

The first session of the 111th Congress convened on 6 January 2009 and adjourned on 24 December of the same year. A total of 108 bills and resolutions relating to Palestine, Israel, or the wider Arab-Israeli conflict were introduced this session, representing roughly 1% of bills and resolutions introduced this term. Twenty-four of the 108 were passed.

Democrats enjoyed wide majorities in both chambers this session following victories in the fall 2008 elections, which also saw the election of Democrat Barack Obama as president. In 2009, Democrats held 59 seats in the Senate (supplemented by two Independent senators, who caucus with them) to the Republicans’ 39, and 257 seats in the House to the Republicans’ 178. In this session, a number of measures were introduced by conservative Republicans aimed at restricting U.S. relief efforts (such as aid for Gaza in the wake of Operation Cast Lead) and at pressuring the Obama administration to take a harder line toward Iran and other U.S. opponents in the region (see especially H.R. 3832 of 10/15/09, the Peace Through Strength Act). Many of these efforts dovetailed with aggressive Republican opposition to domestic Democratic legislative initiatives. Some, such as an amendment to prohibit reconstruction assistance to Gaza until assurances could be secured that it would not be diverted to Hamas (S. Amendment 631 to H.R. 1105 of 2/23/09), drew support from some otherwise moderate Democrats. Other initiatives demonstrate the degree to which Democrats and Republicans remained in alignment with respect to Israel-Palestine.

Bills and Joint Resolutions

Sixty-three of the 108 measures introduced this session were bills or joint resolutions that have the force of law if passed. Six of these, each involving funding for Israel, were passed by both the House and Senate and signed into law by President Obama. The National Defense Authorization Act (H.R. 2647 of 6/2/09) granted legal authority for the Defense Department to conduct joint research and development with Israel for Israeli missile defense systems, while the Department of Defense Appropriations Act (H.R. 3326 of 7/24/09) provided funding for these programs (see “Notes on Legislative Procedure” below for more on the distinction between authorization and appropriation bills). The annual funding bill for U.S. agricultural agencies and programs (H.R. 2997 of 6/23/09) contained an earmark providing funding to the Ohio-Israel Initiative, a project promoting technical and economic cooperation between farmers and agriculture firms in Ohio and the Negev. The remaining three bills provided funding for the State Department and U.S. foreign assistance programs for fiscal year 2009 (H.R. 1105 of 2/23/09 and H.R. 2346 of 5/12/09) and fiscal year 2010 (H.R. 3288 of 7/22/09). All three of these bills provided grants for Israel to purchase military equipment from the United States (and, significantly, from Israeli defense contractors; see these bills for explanation) at levels agreed to in the August 2007 Memorandum of Understanding between the two governments.

The foreign aid bills also provided assistance to the Palestinian Authority (PA) and financed other aid programs in the West Bank and Gaza. The Supplemental Appropriations Act (H.R. 2346 of 5/12/09) provided a large aid package pledged by the Obama administration in the wake of Operation Cast Lead. Funding measures for West Bank and Gaza programs, especially for the United Nations Relief and Works Agency (UNRWA) and programs in Gaza, were passed despite repeated attempts by the Republican right to cut the funding entirely or greatly restrict it for fear that it would aid Hamas or other terrorist groups (see amendments SA 631 and SA 657 to H.R. 1105 of 2/23/09 below, as well as H.R. 557 of 1/15/09, H.R. 1062 of 2/13/09, H.R. 2475 of 5/19/09, and amendments 44, 60, and 83 to H.R. 3081 of 6/26/09 online at CongressionalMonitor.org).

Congressional Priorities: Iran, Terrorism, and the Holocaust

Of all the bills and joint resolutions relevant to Israel-Palestine introduced this session, 25 (40%) sought to provide military, financial, or diplomatic aid for Israel or to otherwise confer privileges on the Israeli government, Israeli citizens, or Israeli exports. In addition to the six bills passed into law, other bills sought to set U.S. policy to pursue a nuclear power cooperation agreement with Israel (H.R. 2475 of 5/19/09); amend U.S. arms export control laws to allow expedited arms sales to Israel (H.R. 2410 of 5/12/09 and H.R. 2475 of 5/19/09); provide diplomatic support for Israel at the United Nations, specifically in the Human Rights Council (H.R. 2376 of 5/12/09) and with regard to the Durban Review Conference (H.R. 1920 of 4/2/09 and H.R. 3231 of 7/16/09); provide privileged immigration status for Israeli citizens seeking to conduct business in the United States (H.R. 4406 of 12/6/09); allow Israeli prescription medications to be imported to the United States (S. 80 of 1/6/09); exempt Israeli citizens from the prohibition on the U.S. government employing foreign nationals (H.R. 3170 of 7/10/09); and eliminate the duty on a type of Israeli tobacco (S. 2042 of 10/29/09).

Another major priority this session was Iran, with a number of bills introduced to impose sanctions aimed at stopping its nuclear program. Two of these bills, the Senate and House versions of the Iran Refined Petroleum Sanctions Act (S. 908 of 4/28/09 and H.R. 2194 of 4/30/09), which would require the president to impose sanctions designed to cripple the Iranian economy, were the primary focus of American Israel Public Affairs Committee (AIPAC) lobbying efforts this session. These two bills had (and still have) overwhelming support in both chambers; their passage was delayed only to allow the Obama administration time to address Iran’s nuclear program diplomatically. Other bills sought to declare U.S. policy to be in support of Israel’s right to defend itself from Iran, where self-defense is interpreted to include a preemptive strike on Iran’s nuclear facilities (H.R. 2475 of 5/19/09 and H.R. 3832 of 10/15/09); or invoked the Iranian threat to Israel to authorize the Defense Department to develop ballistic missile defense systems for Israel (H.R. 2410 of 5/14/09, H.R. 2475 of 5/19/09, and H.R. 2647 of 6/2/09).

Twenty-two bills (35% of relevant bills) dealing with terrorism were introduced, the most important of which being the three appropriations bills passed into law providing aid to the West Bank, Gaza, and Lebanon (H.R. 1105 of 2/23/09, H.R. 2346 of 5/12/09, and H.R. 3288 of 7/22/09). These bills provided money to train Palestinian security forces and to train and equip Lebanese security forces to conduct counter-terror operations. These bills also contained numerous provisions placing conditions on the aid to ensure that it does not go to terrorist groups. Other bills sought to impose sanctions on North Korea (S. 837 of 4/20/09, H.R. 1980 of 4/21/09, and S. 1416 of 7/8/09), Saudi Arabia (H.R. 1288 of 3/3/09), and the Iranian Revolutionary Guard Corps (H.R. 2375 of 5/12/09), and to continue sanctions against Syria (H.R. 1206 of 2/26/09), until these countries ceased support for Hamas, Hizballah, and others; withhold funding for UNRWA until the secretary of state certifies that UNRWA does not employ or aid terrorists (H.R. 557 of 1/15/09); and prohibit funding for the UN Human Rights Council since it has failed to condemn nations that sponsor terrorism (H.R. 2376 of 5/12/09).

Thirteen bills (20% of relevant bills) dealt with the Holocaust, including three to allow U.S. courts to hear cases brought by Holocaust survivors or their heirs seeking restitution from railroads that transported people to concentration camps (S. 28 of 1/7/09 and H.R. 4237 of 12/8/09) or to recover unpaid Holocaust-era insurance policies (Title XV of H.R. 2475 of 5/19/09). Others sought to establish a commission to review the U.S. government’s decision to deny asylum to Jewish and other refugees fleeing Europe during the Holocaust (H.R. 1425 and S. 564 both of 3/10/09); encourage foreign governments to try or extradite Nazi war criminals (H.R. 1439 of 3/11/09 and S. 1704 of 9/24/09); or provide funding for Holocaust education programs (H.R. 2089 and S. 892 both of 4/23/09) or for the Museum of the History of Polish Jews (H.R. 1590 of 3/18/09). Another cited Iranian pres. Mahmoud Ahmadinejad’s denials of the Holocaust as reason to impose crippling economic sanctions on Iran and ensure that the United States possesses the military means to prevent it from developing nuclear weapons (H.R. 3832 of 10/15/09).

Simple and Concurrent Resolutions

In addition to the measures that have the force of law if passed, 45 simple and concurrent resolutions were introduced this session. Simple resolutions (designated H./S. Res.) are debated and passed in only one chamber, while concurrent resolutions (designated H./S. Con. Res.) are debated and passed by both chambers. Neither type of resolution is presented to the president for signature or veto, and thus neither can become law. Pertinent here are resolutions used to express the views, opinions, and (on occasion) the demands of Congress. (Resolutions are also used to set parliamentary rules and procedures for each chamber.) A resolution passed in one or both chambers not only represents the opinion of one chamber or the legislative branch as a whole, but in most cases the opinion of one or both political parties and their leadership. While not legally binding, then, resolutions can carry significant political weight.

When the 111th Congress convened, Operation Cast Lead was still underway, and four resolutions were introduced in the first four days of the session declaring “strong support for Israel,” recognizing its right to defend itself from Hamas’s “unceasing aggression,” and condemning Hamas’s rocket attacks. The two most important of these measures, H. Res. 34 and S. Res. 10 (both of 1/8/09), were introduced by the top Democratic leaders in the House and Senate and passed overwhelmingly within one day. One additional resolution called for an immediate ceasefire and for Israel and Hamas to allow unrestricted humanitarian assistance to Gazans (H. Res. 66 of 1/15/09). Later in the session another resolution was passed deeming the Goldstone report irredeemably biased and calling on the Obama administration to oppose it in all international fora.

The most common theme of resolutions this session, however, was Iran, with twelve introduced (27% of all relevant resolutions). Among these, four resolutions addressed the lack of religious freedom in Iran, with three condemning its persecution of its Baha’i minority as agents of Israel (H. Res. 175 of 2/13/09, S. Res. 71 of 3/9/09, and H. Res. 840 of 10/15/09) and two citing Ahmadinejad’s denial of the Holocaust and statements against Israel as having created a climate of fear among Iranian Jews (H. Res. 33 of 1/8/09 and H. Res. 840 mentioned above). Two resolutions cited Iran’s possession of ballistic missiles capable of striking Israel as justification for calls for President Obama to deploy ballistic missile defenses in Europe (H. Res. 319 of 4/2/09 and H. Res. 581 of 6/25/09), and one expressed support for Israel’s right to defend itself from an imminent threat posed by Iran (H. Res. 557 of 6/18/09).

Eleven resolutions (24% of relevant resolutions) dealt with the Holocaust, with three urging European countries to compensate Holocaust victims for lost property (H. Con. Res. 89 of 3/30/09, S. Res. 153 of 5/19/09, and S. Con. Res. 23 of 5/19/09) and others commemorating specific events or individuals, and permitting the use of the Capitol rotunda to hold a Holocaust remembrance ceremony. Ten resolutions addressed the topic of terrorism, of which three passed. Four resolutions, mentioned above, addressed terrorism leading up to and during Operation Cast Lead. Further resolutions expressed support for Israel’s right to defend itself from imminent threats from terrorist organizations and states that harbor them (H. Res. 557 mentioned above), called on the president to designate Venezuela as a state sponsor of terrorism for its support of Iran and Hizballah (H. Res. 872 of 10/27/09), and called on the secretary of state to take measures to certify that UNRWA is not using American funds to support terrorism (H. Con. Res. 29 of 1/28/09).

The 110th Congress, Second Session: 3 January 2008 – 3 January 2009

moderator — Tue, 30 Oct 2018 17:07:48 +0000

The 110th Congress was in session from January 2007 to January 2009. The first session (4 January–31 December 2007) was covered in JPS 147 (pp. 173–88); the second session, covered in this issue, convened on 3 January 2008 and adjourned on 3 January 2009.

Despite the Democratic party’s dominance of both houses since the November 2006 elections, legislative trends on the Palestine issue remained unchanged. Vigorous support for Israel both militarily and rhetorically continued to be the main focus of legislation concerning Palestine and Israel. Other actors in the region were frequently addressed in the context of terrorism or of being a threat to Israel, indicative of the lens through which Congress views events in the region.

A total of 60 measures dealing with Palestine and/or Israel were introduced during the second session, as compared to 85 in the first. Proportional to the total number of measures introduced in both sessions, the percentage of relevant measures was almost identical (0.9% of the total in the first session and 1% in the second). Of the measures introduced this session, 20 (33%) passed, which is also comparable to the proportion of relevant measures passed in the first session (32%). In addition, 8 bills and resolutions acted on this session were introduced during the first session and carried over to the second after having been amended, passed, or otherwise moved further along in the legislative process.

Congressional measures fall into two broad categories: those that have the force of law if passed (bills and joint resolutions), and those that, if passed, merely state Congress’s views on a given issue (simple or concurrent resolutions). This being the case, bills and joint resolutions tend to be more substantive and consequential, often mandating that the U.S. government take certain actions (such as providing military aid to Israel) or prohibiting it from taking other actions (such as providing any money to the Palestinian Authority that could conceivably be used by the Hamas-led government in Gaza). Resolutions, by contrast, are nonbinding. Typically, resolutions “commemorate,” “celebrate,” “recognize,” “support,” or “condemn” persons or events, or “encourage,” “urge,” or “demand” others to take certain actions.

Of the 68 measures acted upon this session (60 introduced plus 8 carried over from the first session), 27 (including 6 carried over) were bills or joint resolutions that become law if passed. Of these 27, a full third (9, including 2 carried over from 2007) related to security assistance to Israel, making this the most common theme. Bills relating to the Holocaust constituted a close second, with a total of 7 (3 of which were introduced in the first session and carried over), including 3 to allow U.S. courts to hear cases brought by Holocaust survivors or their heirs seeking restitution from railroads that transported people to concentration camps (H.R. 3713 of 3/10/07 and S. 3462 of 10/9/08) or to recover unpaid Holocaust-era insurance policies (H.R. 1746 of 28/3/07); a fourth (S. 2007 of 12/5/08) sought to expedite the prosecution and extradition of surviving Nazi war criminals.

Six bills specifically concerned terrorism and counterterrorism. These included a bill to prevent cigarette trafficking so as not to benefit Hamas, Hizballah, and al-Qa‘ida (H.R. 4081 of 5/11/07); a bill to rescind all U.S. assistance to Emory University’s Carter Center following the former president’s meeting with Hamas leader Khalid Mishal (H.R. 5816 of 16/4/08); and various bills targeting Iran and Syria. Most notable of these last is the Syria Accountability and Liberation Act (S. 2917 of 24/4/08 and its House companion measure, H.R. 2332 of 15/5/08), which for the first time contains clauses aimed at regime change. Several other bills alluded to the threats posed to Israel by Syrian and Iranian missile and nuclear programs (H.R. 5658 of 31/3/08 and H.R. 6178 of 4/6/08), and Iran’s influence in the West Bank, Gaza, and Lebanon (S. 3288 of 18/7/08).

Five of the 27 bills and joint resolutions with potential force of law were passed this session (compared to 3 out of 34 acted upon in the first session). All 5 involved appropriations or funding for Israel. Two of these are annual defense spending authorization acts (H.R. 4986 of 16/1/08 and S. 3001 of 12/5/08) that authorize U.S. funding for Israeli missile defense systems. The other 3 all relate to the Memorandum of Understanding (MoU) agreed to by the United States and Israel on 16 August 2007, which details annual increases in U.S. military aid to Israel over the next 10 years: H.R. 7177 of 27/9/08 codifies into law the first yearly increase in U.S. Foreign Military Financing (FMF) assistance for Israel mandated by the MoU by authorizing the appropriation of these funds, and the remaining 2 contain measures appropriating funds to meet the yearly assistance level established by the MoU for FY2009 (H.R. 2638 of 8/6/07 and H.R. 2642 of 11/6/07). (In the first session of the 110th congress, 2 of the 3 bills that became law were funding bills, while the third was the Energy Independence and Security Act that incorporated the United States-Israel Energy Cooperation Act, which had been the top legislative priority of the American Jewish Committee for 2007.)

In addition to initiatives having the force of law, 41 simple or concurrent resolutions were acted on this session (39 introduced in the second session and 2 introduced in the first and carried over). Fourteen of these (over a third—34%—of the total acted upon) mention terrorism, especially to condemn specific acts. Five of the 7 resolutions mentioning Palestinians do so in the context of terrorism (e.g., condemning Palestinian rocket attacks, condemning Hamas, and urging PA Pres. Mahmud Abbas to abrogate articles of the “Fatah Constitution” that allegedly call for terrorism against Israel). Nine of the measures acted upon (21% of the total) invoke the Holocaust, especially to commemorate events, pay tribute to those who helped save Jews during the Holocaust, allow the use of the Capitol Rotunda for a Holocaust remembrance ceremony, and (more substantively) support the restitution of properties confiscated by the Nazis during World War II. A number of measures involved “incitement,” rhetoric, and the dissemination of anti-Semitic language. Indeed, a new emphasis on Arab media emerged this session, with three resolutions addressing the topic. Two resolutions targeted Hamas’s al-Aqsa TV and Hizballah’s al-Manar TV for their incitement to violence against Americans and urged the president to designate these stations “specially designated global terrorist” entities (H. Res. 1069 on 4/1/08 and H. Res. 1308 on 26/6/08), while a third condemned Arab governments for their censorship of the press in the Middle East and for publication of anti-Semitic speech (H. Res. 1127 on 22/4/08). Ten measures dealt with Iran, Syria, and/or Hizballah, especially as a threat to Israel and/or Lebanon, or as justification for increased U.S. counterterrorism efforts. Two resolutions in particular called for further sanctions against Iran (H. Con. Res. 362 of 22/5/08 and S. Res. 580 of 2/6/08). These 2 resolutions, and sanctions on Iran in general, were among the top legislative priorities of the American Israel Public Affairs Committee (AIPAC) for 2008. Only 4 measures dealt with the peace process: 2 recognizing the founding of Seeds of Peace; 1 recognizing NGOs that work for a just peace, and (most importantly) a resolution calling for Jewish refugee claims to be addressed alongside Palestinian claims in any peace negotiations. Finally, although the U.S. Constitution states that U.S. foreign policy is the sole responsibility of the president, a number of nonbinding measures urged foreign policy actions. These included urging the secretary of state to certify that the United Nations Relief and Works Agency (UNRWA) does not provide funding or support to terrorists, urging the “expedient relocation” of the U.S. embassy in Israel to Jerusalem, and imposing further sanctions on Iran (as mentioned above). Of the 41 simple or concurrent resolutions acted upon in the second session, 19 passed.

The 110th Congress, First Session: 4 January 2007 – 31 December 2007

moderator — Tue, 30 Oct 2018 17:04:22 +0000

The first session of the 110th Congress convened on 4 January 2007 with the swearing in of Democratic majorities (elected November 2006) in both houses, and ended on 31 December 2007. Democratic control of Congress did not alter longstanding legislative trends concerning the Arab-Israeli conflict.

Eighty-five measures pertaining to Palestine or Israel were introduced this session, 28 of which passed (32%, compared to 19% for all measures introduced this session). Of these 85 measures, 34 were bills or joint resolutions, which have the potential to become law. The remaining 51, simple or concurrent resolutions, cannot become law in their current form and are basically statements of opinion, some of which aim at influencing foreign policy, the formation of which is granted by the Constitution solely to the president.

Only three bills that contained sections relevant to Palestine or Israel became law during this session: the annual appropriations bills for the Depts. of Defense and State (H. R. 3222 on 7/30/07 and H. R. 2764 on 6/18/07, respectively), and the Energy Independence and Security Act (H. R. 6, 1/12/07). However, 12 other measures introduced this session (and recorded in this Congressional Monitor) had all or some of their provisions added by amendment to these three bills. The most important of these measures was the U.S.-Israel Energy Cooperation Act, the top legislative priority of the American Jewish Committee for 2007, which was introduced three times as a standalone bill (S. 838 on 3/12/07; H. R. 1838 on 3/29/07; and H. R. 2229 on 5/9/07) but failed to pass each time. Its main provisions, however, were eventually incorporated into the Energy Independence and Security Act.

Of the 34 measures that can have the force of law, 6 (18%) relate to the Holocaust, including 2 that lay the ground for reparations claims against insurance companies for unpaid claims and against railway companies that transported persons to Nazi concentration camps (France’s national railroad company is mentioned by name). Indeed, the session saw a spate of reparations bills (18% of the total). Aside from the 2 Holocaust-related claims bills, 4 additional bills involve reparations for U.S. victims of state-sponsored terrorism, one of which specifically targets the Amman-based, Palestinian-owned Arab Bank, one of the largest financial institutions in the Middle East.

While concurrent and simple resolutions cannot become law, they are important indicators of the mood of Congress and the issues it considers important. Of the 51 such measures, the largest number—13 (almost 21%)—relate to the Holocaust, paying tribute to those who helped save Jews, grieving for loss of life under the Third Reich, and so on. A close second (11 measures, or 20%) are resolutions condemning or calling for action against Iran, Hizballah, and Syria for directly or implicitly threatening Israel or making anti-Israeli pronouncements. Six measures (>10%) celebrate or congratulate Israel for various achievements. Others specifically advance Israeli goals by calling for an upgrade to Israel’s relationship with NATO, urging U.S. representatives at all international forums to insist on Jewish refugee claims alongside Palestinian claims, calling on the U.S. to press for Israel’s membership in the Organization of Economic Cooperation and Development, moving the U.S. embassy to Jerusalem, and so on.