Washington Report, April 2006, pages 34-35

Congress Watch

Hamas Victory Prompts Predictable Congressional Reaction

By Shirl McArthur

Not surprisingly, Hamas’ victory in the Jan. 25 Palestinian parliamentary elections galvanized congressional Israel-firsters into action. On Jan. 31 Rep. Vito Fossella (R-NY), joined by 14 co-sponsors, introduced H.R. 4668, which would allow U.S. assistance to the Palestinian Authority (PA) only if the president certifies that the PA is not controlled by a foreign terrorist organization, recognizes Israel’s right to exist, disarms all militias, renounces violence, and removes “people with ties to terrorist organizations” from its security services. There is no presidential waiver provision. In the Senate, Sen. John Thune (R-SD), joined by six co-sponsors, introduced on Feb. 1 the non-binding S.Con.Res. 79, which simply expresses the “sense of Congress” that no aid should be provided directly to the PA “if any representative political party holding a majority of parliamentary seats within the PA maintains a position calling for the destruction of Israel.” The Senate passed it by voice vote the same day. The House raised it under “suspension of the rules on Feb. 15, and passed it on a roll call vote of 418-1, with Neil Abercrombie (D-HI) voting no. Also on Feb. 1, Sen. Rick Santorum (R-PA), joined by Sens. Jon Kyl (R-AZ) and Bill Nelson (D-FL), introduced S. 2237, which would revise the present prohibition against direct aid to the PA by replacing the presidential waiver provision with a provision saying that the prohibition “shall not apply” if the president certifies that the PA has met a long list of requirements that are an expanded version of the requirements in H.R. 4668.

But these measures were not harsh enough nor counterproductive enough for the House’s foremost Israel standard-bearers, Reps. Tom Lantos (D-CA) and Ileana Ros-Lehtinen (R-FL). They, along with 28 of the usual suspects, on Feb. 1 introduced H.R. 4681, the “Palestinian Anti-Terrorism Act of 2006,” perhaps one of the more punitive measures introduced in Congress since World War II. It would prohibit assistance to the PA unless the president issues a “certification” that the PA has met an expanded version of the requirements in H.R. 4668 and has “recommitted itself and is adhering to all previous agreements and understandings with the Government of the U.S., the Government of Israel and the international community.” In the absence of the presidential certification, it also would limit assistance to non-governmental organizations (NGOs) in the West Bank and Gaza, curtail the United Nation’s humanitarian efforts on behalf of the Palestinian people, deny visas to PA officials, prohibit any official U.S. contact with “Palestinian terror organizations,” restrict the travel of PA representatives to the U.N., prohibit a PA or PLO office in the U.S., and try to prevent international financial institutions from helping the PA.

H.R. 4681 is perhaps one of the more punitive measures introduced since World War II.

The limitation on assistance to NGOs would allow exceptions for “basic human needs” such as food, water, medicine, and sanitation services. It also provides for financial oversight by the U.S. comptroller general of any assistance to NGOs.

The section attempting to curtail U.N. activities in the West Bank and Gaza would require the secretary of state to conduct an “audit” to find “duplicative entities and efforts” of five named U.N. entities plus “any other entity the secretary determines results in duplicative efforts or funding or fails to ensure balance in the approach to Israeli-Palestinian issues.” The secretary would then submit a report recommending elimination of such duplicative entities and efforts. Until the U.N. implements those recommendations, “the U.S. shall withhold from U.S. contributions to the regular assessed budget of the U.N.…amounts that are proportional to the percentage of such budget that are expended for such entities.”

The sections limiting aid to NGOs and denying visas for PA officials include presidential waiver authority on a case-by-case basis. All the others do not. The good news is that this bill is so restrictive and inflexible that it is highly unlikely to pass, at least not in its present form.

The 28 co-sponsors of H.R., 4681 in addition to Lantos and Ros-Lehtinen, are Reps. Gary Ackerman (D-NY), Melissa Bean (D-IL), Shelley Berkley (D-NV), Marsha Blackburn (R-TN), Henry Brown (R-SC), Dan Burton (R-IN), Eric Cantor (R-VA), Dennis Cardoza (D-CA), Steve Chabot (R-OH), Ben Chandler (D-KY), Joe Crowley (D-NY), JoAnn Davis (R-VA), Eliot Engel (D-NY), Katherine Harris (R-FL), Steve Israel (D-NY), Peter King (R-NY), Stephen Lynch (D-MA), Connie Mack (R-FL), Carolyn McCarthy (D-NY), Michael McCaul (R-TX), Jerrold Nadler (D-NY), Mike Pence (R-IN), Ted Poe (R-TX), Ed Royce (R-CA), Adam Schiff (D-CA), Brad Sherman (D-CA), Tom Tancredo (R-CO), and Jerry Weller (R-IL).

Iran Also Target of Congressional Ire

Iran has long been subject to congressional criticism, but since the election of President Mahmoud Ahmadinejad, his intemperate statements and Iran’s provocative actions regarding the development of nuclear energy have resulted in another flurry of congressional activity.

After Ahmadinejad’s statements denying the Holocaust and Israel’s right to exist, and calling on people to imagine a world without the U.S., Rep. Tom Cole (R-OK) on Dec. 14 introduced H.Res. 601 “condemning in the strongest terms [Ahmadinejad’s] hateful rhetoric directed toward Israel.” The measure has 62 co-sponsors. On Dec. 16, Santorum, who was also the author of S.333, the “Iran Freedom Support” bill (see below), joined by 22 co-sponsors, introduced S. 337, which not only condemned Ahmadinejad’s statements but also demanded an apology. It passed by voice vote the same day.

Then in January, Iran announced that it would resume uranium research activities at its Natanz enrichment facility. This prompted four Senate resolutions after Congress returned from recess. On Jan. 20, Santorum and Kyl introduced S.Res. 349 condemning Iran for violating its 2004 agreement (the “Paris Agreement”) to suspend its uranium enrichment operations, and supporting efforts to refer Iran to the U.N. Security Council (UNSC). This was followed the same day by S.Res. 351, introduced by Sen. Evan Bayh (D-IN), “responding to the threat posed by Iran’s nuclear program” and S.Con.Res. 76, introduced by Sen. Norm Coleman (R-MN) with eight co-sponsors, condemning Iran for its violations of its obligations under the Nuclear Non-Proliferation Treaty, and calling, among other things, for an emergency meeting of the International Atomic Energy Agency Board of Governors to refer Iran to the UNSC, and for “all nuclear suppliers to cease immediately cooperation with Iran” on nuclear matters.

On Jan. 27, Senate Majority Leader Bill Frist (TN) and Minority Leader Harry Reid (NV), with 30 co-sponsors, including both leaders of the Foreign Relations Committee, introduced S.Con.Res. 78, a modified and slightly toned down version of the above three resolutions. It condemns Iran “for violating its international nuclear nonproliferation obligations,” supports efforts to report Iran to the UNSC, and calls on the members of the UNSC “to act expeditiously to consider any report of Iran’s noncompliance.” It passed unanimously by voice vote the same day. Then, on Feb. 15, Ros-Lehtinen, with 26 co-sponsors, introduced H.Con.Res. 341, which is similar to Frist’s S.Con.Res. 28 with the added “resolved” clause that Iran, with its many breaches of obligations, “has forfeited the right to develop any aspect of a nuclear fuel cycle.” It passed the full House on Feb. 16 on a roll call vote of 404-4. Voting no were Abercrombie, Dennis Kucinich (D-OH), Jim McDermott (D-WA) and Ron Paul (R-TX).

“Iran Freedom Support” Bills

Meanwhile the “Iran Freedom Support” bills, H.R. 282, introduced by Ros-Lehtinen in January 2005 and its companion, S. 333, introduced by Santorum the next month, continue to gain co-sponsors. H.R. 282 has gained 11 co-sponsors in addition to those previously named, and now has 334, including Ros-Lehtinen. S. 333 has gained 12 co-sponsors, and now has 43, including Santorum. The bills say that U.S. sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran shall remain in effect until the president certifies that Iran has dismantled its weapons of mass destruction programs; amend and expand the Iran and Libya Sanctions Act of 1996 to eliminate provisions respecting Libya, expand the sanctions and reporting provisions, and eliminate the sunset provision; and authorize the president to provide assistance to support democracy in Iran. New co-sponsors of H.R. 282 are Reps. Rob Bishop (R-UT), Susan Davis (D-CA), Terry Everett (R-AL), Chaka Fattah (D-PA), Ralph Hall (R-TX), Mike McIntyre (D-NC), Lucille Roybal-Allard (D-CA), John Sweeney (R-NY), Ellen Tauscher (D-CA), Bennie Thompson (D-MS), and Frank Wolf (R-VA).

New co-sponsors of S. 333 are Sens. Barbara Boxer (D-CA), Thad Cochran (R-MS), Kent Conrad (D-ND), Larry Craig (R-ID), Byron Dorgan (D-ND), Richard Durbin (D-IL), Dianne Feinstein (D-CA), Bill Nelson (D-FL), Jeff Sessions (R-AL), Olympia Snowe (R-ME), John Sununu (R-NH), and Craig Thomas (R-WY).

On the other hand, two relatively moderate measures have also made modest progress. H.Con.Res. 177, introduced by Rep. Mark Kirk (R-IL) in June, would express “the sense of Congress that the crisis regarding the Iranian nuclear program should be primarily resolved through diplomatic means.” It has gained seven co-sponsors since those mentioned in the December issue of this magazine, and now has 19, including Kirk. New co-sponsors are Reps. Robert Brady (D-PA), G.K. Butterfield (D-NC), Phil English (R-PA), John McHugh (R-NY), Jim Saxton (R-NJ), Joe Schwarz (R-MI), and Robert Wexler (D-FL).

On Nov. 7 Rep. Robert Andrews (D-NJ) introduced H.R. 4242, which would “require the secretary of state to seek the establishment of a conference where Iranian nationals who oppose the policies of the Government of Iran can discuss the future of the Government of Iran.” It has four co-sponsors, Reps. Kirk, Thaddeus McCotter (R-MI), Saxton, and Tom Tancredo (R-CO).

“Islamist Terrorist” Activities in Western Hemisphere Targeted

Always on the lookout for the dastardly activities of “Islamic terrorist organizations” (i.e., Hezbollah, Hamas and Palestinian Islamic Jihad, with only a passing reference to al-Qaeda), Ros-Lehtinen and Lantos, joined by Burton and Chabot, on Feb. 8 introduced H.Con.Res. 338 “expressing the sense of Congress regarding the activities of Islamist terrorist organizations in the Western Hemisphere.” The resolution cites “the potential threat that sympathizers and financiers of Islamist terrorist organizations that operate in the Western Hemisphere pose to the U.S., our allies and interests,” and urges members of the Organization of American States to designate Hezbollah, Hamas, Palestinian Islamic Jihad, al-Qaeda…and other such groups as terrorist organizations.

Resolutions Promoting Israel Pass

As reported in the December 2005 issue of the Washington Report, Ros-Lehtinen managed to get H.Res. 38—introduced by her in January 2005 and supporting Israel’s accession to the Organization for Economic Cooperation and Development—reported favorably by the full International Relations Committee on Sept. 15. On Nov. 8 she raised it in the full House under “suspension of the rules,” and it was passed by a vote of 391-0. When passed it had 42 co-sponsors, including Ros-Lehtinen.

Another “let’s stick up for poor little Israel” resolution was H.Res. 438, introduced in September by Rep. Steven Rothman (D-NJ). It gives as its title, “Urging member states of the U.N. to stop supporting resolutions that unfairly castigate Israel and to promote within the U.N. General Assembly more balanced and constructive approaches to resolving conflict in the Middle East.” Its 15 “whereas” clauses relating to the U.N. and Israel include the statement that “the U.N. was founded to prevent another Holocaust from ever happening again.” It was raised under “suspension of the rules” on Dec. 6 and passed by a vote of 400-1. When passed it had 65 co-sponsors, including Rothman.

Lebanon, Syria Liberation Bill

After languishing for most of last year, H.R. 1141, the “Lebanon and Syria Liberation Act,” introduced with great fanfare in March by Ros-Lehtinen and Engel and described in previous issues of the Washington Report, has gained 27 co-sponsors since those named in the November issue, bringing the total to 41. The bill would codify existing sanctions against Syria, impose U.S. sanctions on other countries or companies that provide “destabilizing” weapons to Syria, require a State Department report to Congress on Syrian activities, and provide for American aid to pro-democracy and human rights groups in Syria and Lebanon.

Shirl McArthur, a retired U.S. foreign service officer, is a consultant in the Washington, DC area.

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