Washington Report on Middle East Affairs, January/February 1998, Pages 15-18

Congress Watch

Lebanon Travel Fight Continues; Mideast Peace Facilitation Act Renewed

By Shirl McArthur

Sen. Spencer Abraham (R-MI) and Rep. Nick Rahall (D-WV), both of Lebanese descent, have begun phases two and three of the fight to gain true freedom to travel between the U.S. and Lebanon. They point out that, while Secretary of State Madeleine Albright's lifting of the travel ban was a major first step, the Department of Transportation still restricts travel agents from naming Beirut International Airport as a destination on air tickets for Americans. In addition, no international airlines are allowed landing rights in the U.S. for flights originating in Lebanon, which effectively bars Lebanon's Middle East Airlines from serving the U.S.

Rahall has met with the assistant secretary for international aviation at the Department of Transportation (DOT) and with the security chiefs at both DOT and the FAA to discuss lifting the ticketing restrictions and relaxing the landing rights restrictions.

Abraham has written to Transportation Secretary Rodney Slater urging him to lift the ticketing restriction. In his letter Abraham points out that, since Albright has lifted the travel ban, "there is no reason to not allow U.S. citizens to purchase in the United States transportation for themselves and their accompanying baggage to and from Lebanon." However, we understand from other sources that the DOT still wants to discourage Americans from traveling to Lebanon and does not want to lift the restriction unless it receives bureaucratic cover from the State Department in the form of a "waiver." The State Department's position apparently is that lifting the travel ban amounted to a waiver, and that the DOT has full authority to lift the ticketing restriction. Reportedly, this impasse has been bucked upstairs to the National Security Council for resolution.

Regarding the landing rights issue, Rahall acknowledges that "safety of air passengers and crews must always be of utmost importance" and that aircraft inbound from Lebanon must meet strict security tests to guard against terrorism. He has asked the DOT to continue working with Beirut airport officials to help them meet U.S. security standards.

For the moment, Abraham and Rahall are concentrating on the ticketing restriction. Rahall says that "lifting the ticketing restrictions should be possible, given that one of the reasons for lifting the ban on the use of U.S. passports for such travel was the vastly improved security situation at the airport and in Lebanon in general."

Two Revealing Letters

In a glaring display of ignorance, 13 Republican congressmen wrote to Secretary of State Albright on Oct. 9 to express their displeasure with her remarks during her visit to the Middle East. The AIPAC-inspired letter cited her statement that "Israel should refrain from unilateral acts, including what Palestinians perceive as the provocative expansion of settlements, land confiscation, home demolitions and confiscation of IDs." The congressmen asked whether the U.S. government doesn't believe "that Jewish Israelis have the right to live anywhere in the land of Israel," ignoring the fact that defining just what is "the land of Israel" is a key point of the dispute.

Then, with surely unintentional insight, the writers pointed out that "by supporting a limit on new housing for Jews and calling security actions, which are intended to keep terrorists from plying their deadly trade, 'unilateral actions' that are 'provocative' in nature, you have effectively labeled Israel an outlaw state." Yes.

Interestingly, the letter was published in the Washington Times on Nov. 4 as a full-page advertisement, but there was no indication of who paid for the ad. The letter was signed by Reps. Mike Forbes (NY), James Gibbons (NV), J.D. Hayworth (AZ), John Hostettler (IN), Asa Hutchinson (AR), Sue Kelly (NY), Mike Pappas (NJ), Jim Ryun (KS), Jim Saxton (NJ), Mark Souder (IN), Jim Talent (MO), J.C. Watts (OK), and Jerry Weller (IL).

In case anyone missed the point that foreign affairs is not their strongest field, three signers of the letter to Albright—Forbes, Saxton, and Watts—joined by Rep. Jon Fox (R-PA), then tried to intervene in Israel's internal affairs—but on the side of the right-wing extremists, from whom the assassin of Israeli Prime Minister Yitzhak Rabin emerged. Two leaders of Israel's stridently expansionist "This is our Land" movement had been convicted in Israel of sedition for blocking an intersection to protest the Hebron agreement. Prior to sentencing, the four U.S. congressmen wrote to Israel's attorney general to protest the conviction and urge a light sentence for the two extremists. The letter's main point apparently was that "such activity would be considered protected speech under the First Amendment to the U.S. Constitution, and would lead to, at most, relatively minor charges being brought."

Mideast Appointees Confirmed

Although Senate Foreign Relations Committee Chairman Jesse Helms (R-NC) has in the past held up as many as 43 ambassadorial nominees for reasons unrelated to their qualifications, this year his committee has been a model of efficiency and has approved, and the Senate has subsequently confirmed, all 11 of the diplomatic nominees for the Middle East.

Of the five nominees we mentioned in our last issue, Martin Indyk (as assistant secretary for Near Eastern affairs) and Wyche Fowler (ambassador to Saudi Arabia) were confirmed in early October. Temporary holds were placed on the other three, for reasons we have been unable to determine. However, all three—Barbara Bodine (to Yemen), Robin Raphel (to Tunisia), and Johnny Young (to Bahrain)—were confirmed Nov. 5. In addition, Mark Parris was confirmed as ambassador to Turkey on Sept. 23.

In late October, Helms's committee held hearings on the five remaining nominees: Edward Gabriel, to Morocco; Cameron Hume, to Algeria; Daniel Kurtzer, to Egypt; James Larocco, to Kuwait; and Edward Walker, Jr., to Israel. Gabriel's nomination had been held up because of a fictitious (and anonymous) allegation that he was somehow involved in the Roger Tamraz scandal. In an implicit refutation of this charge, Gabriel, who is Lebanese-American and a founding member of the American Task Force for Lebanon, was introduced by Senators Wendell Ford (D-KY) and Pete Dominici (R-NM), both of whom stressed his integrity.

The rest of the hearing was uneventful. Hume has been associated with the Middle East for 30 years, beginning as a Peace Corps volunteer. Larocco is a career foreign service officer and has served in U.S. embassies in Jeddah, Cairo, Tel Aviv, and Kuwait. Kurtzer is also a career foreign service officer, although he took two years off in the late 1970s to serve as dean of Yeshiva College, the undergraduate men's college of Yeshiva University in New York. He has served in U.S. embassies in both Egypt and Israel. Walker, a career foreign service officer since 1974, has served in the Middle East in Israel, Syria, Lebanon, Tunisia, Egypt, and Saudi Arabia. Since 1994 he has been U.S. ambassador to Egypt. At the confirmation hearing he said he supports Secretary Albright's efforts to restart the peace process. He said the Gaza port and airport and free passage for Palestinians to and from Gaza are all important, as is a "time out" on new Israeli construction in the occupied territories. All five nominees were confirmed by the full Senate Nov. 4.

Hilliard Visits Libya

Rep. Earl Hilliard (D-AL) stirred up congressional criticism by visiting Libya in August and meeting with Libyan cabinet ministers and members of parliament. As soon as Hilliard's visit became public, Reps. Spencer Bachus (R-AL) and Robert Barr Jr. (R-GA) filed complaints with the House Ethics Committee, saying that Hilliard had violated U.S. economic sanctions against Libya, imposed in 1986, which prohibit people from using U.S. passports to visit Libya and from engaging in any financial or business transactions while there. Hilliard said he engaged in no such transactions and in late September the Treasury Department agreed, saying that Hilliard's trip violated no U.S. laws or travel restrictions. In early November, the Ethics Committee agreed, saying that it found no basis to support the allegations against Hilliard.

Hilliard said he did not understand what all the fuss was about and that "it was a frivolous complaint anyway." When we asked his office for more details about the visit, we were told that it had nothing to do with the Middle East. Hilliard's spokesman said that, although the Washington Report might look at Libya as being in the Middle East, Hilliard, who is vice chairman of the Congressional Black Caucus, looks at it as being a part of Africa, and the visit was in that context.

Mideast Peace Facilitation Act Renewed—More or Less

One of Congress' last-minute accomplishments before recessing was, in effect, to salvage the "Middle East Peace Facilitation Act" (MEPFA). This legislation allows U.S. aid to go to the Palestinian Authority and allows American official contacts with the PLO and the PA, if the president certifies to Congress that they are complying with their Oslo commitments. The foreign aid appropriations conference report, which passed both houses of Congress on the last day of the session (see box) contains two clauses—Sections 539 and 566—that together allow the PLO to operate in the U.S. and allow aid to the Palestinian Authority if the president certifies to Congress that such aid "is important to the national security interests of the United States." The waiver would be good for six months, renewable for an additional six months. The State Department is working on developing the presidential certification.

Israel's supporters in Congress, led by House Appropriations Committee member Michael Forbes (R-NY), had worked diligently to prevent MEPFA's renewal. Forbes initiated a "Dear Colleague" letter, co-signed by seven other representatives, to all congressmen saying that "the administration is moving aggressively to have MEPFA renewed in the final weeks of this congressional session" and urging their colleagues to "stand united in opposition to the renewal of MEPFA at this time." The co-signers of the Forbes letter were Reps. Dan Burton (R-IN), Ben Gilman (R-NY), John Hostettler (R-IN), Sue Kelly (R-NY), Jim Saxton (R-NJ), J.C. Watts (R-OK), and Jerry Weller (R-IL). Then, on Oct. 7 Forbes declared victory, telling an Israeli journalist that the State Department "unfortunately, in an almost desperate attempt to get peace at any price, has tried to get an extension for MEPFA." However, Forbes said, "together with Senator [Ernest] Hollings of South Carolina, we were able to get Secretary Albright to retreat."

Apparently, the State Department did send the Congress in early October a draft MEPFA renewal bill which one congressional staff member described as being a thoughtful, constructive, but also complicated, effort to meet congressional concerns. Reportedly, many members of the House and the Senate appropriations committees were inclined to go along with the administration, but both chairmen of the foreign affairs committees, Gilman in the House and Jesse Helms (R-NC) in the Senate, adamantly refused. In fact, Gilman insisted on taking the administration's draft into his committee, where it may not ever again see the light of day.

However, the more responsible members of the appropriations committees were not prepared to sacrifice the peace process, and developed the provisions described above. We were told by one congressional source that House Appropriations Ranking Minority member David Obey (D-WI) led this effort. Another source close to Obey said that Obey couldn't take full credit because it was a bicameral and bipartisan effort. This source cited, in addition to Obey, House Appropriations Chairman Bob Livingston (R-LA), House Foreign Operations Subcommittee Chairman Sonny Callahan (R-AL), and Senate Foreign Operations Subcommittee Chairman Mitch McConnell (R-KY).

Unfortunately, getting the legislation is only the necessary first step. When Clinton sends Congress the required presidential certification, it will prompt negative posturing from Forbes, Gilman, Helms and others seeking support and campaign donations from hard-line Jewish opponents of the Middle East peace process. However, the new provisions do not require congressional approval, only that the president notify both houses of Congress in writing. In the meantime, the PLO office in Washington remains in place, maintaining a low profile while awaiting formal notification that it can resume normal operations.

Other Legislation

Other than the foreign affairs appropriations bills (including the MEPFA renewal) and the Iran legislation Congress did little on issues affecting the Middle East since our previous issue. None of the anti-Palestinian resolutions described in our last two issues has passed both houses of Congress. Similarly, Rep. Frank Wolf's "Freedom From Religious Persecution" bill still is tied up in several committees, although it would not be surprising to see that bill break loose early in the next session.

The non-happening receiving the most coverage in the mainstream press was Congress' failure to pass the Foreign Affairs Reform and Restructuring Act (FARRA), which includes reorganization of the foreign affairs agencies, repayment of a major part of U.S. arrears to the U.N., and funding for the IMF's currency stabilization fund. For at least two months, the measure, which is part of the Commerce-Justice-State Departments authorization bill, has been hung up over the abortion issue.

House conservatives, led by Rep. Chris Smith (R-NJ), insisted on including in the bill language prohibiting U.S. funding for family planning organizations that perform abortions or promote liberalized abortion laws overseas, even if those activities are not carried out with U.S. funds. The White House was equally adamant that it would veto such language. In the end, political posturing dominated, and neither side was willing to compromise sufficiently.

However, Helms, who is the major proponent of the reform plan, is not prepared to give up. FARRA will almost certainly resurface in some form after Congress reconvenes in January. The big question is whether it will remain attached to the Commerce-Justice-State authorization bill, or be separated from it. It is likely that both Helms and the White House would like to see it separated, because that would increase its chances of passage. However, others, led by Smith and colleagues with interests in other parts of the authorization bill, do not want to see FARRA separated, because they fear that would lessen the chances of the authorization bill ever passing (now that the appropriations bill has already passed), which could mean that their pet causes die with it. As of early December, the betting among Hill staffers was that Smith will carry the day, and Helms's FARRA bill will not be separated and signed.

This question is of more than a passing interest to the Middle East, since the foreign affairs authorizations bills as they passed the House and the Senate contain a number of peace-wrecking provisions, as we described in our October/November issue. Three of those were provisions that (1) declare that Jerusalem should be the undivided capital of Israel; (2) ask the president to apply the same sanctions to Syria as are applied to Iran; and (3) prohibit any financial transactions with state sponsors of terrorism (aimed at Sudan and Syria). However, we understand informally that the conference committee has eliminated all of the provisions described in our October/November issue except for the ones providing for radio broadcasts to Iran in the Farsi language, and a statement of U.N. policy on Israel and the Palestinians. Of course, any of the objectionable provisions could be reinserted right up to the last minute.

One implication of the deletion of the provision prohibiting financial transactions with state sponsors of terrorism is that it could resurrect the separate bill, with the same title, sponsored by Rep. Bill McCollum (R-FL) (H.R. 748, discussed in our last issue), which has already passed the House. However, on Nov. 4 Clinton issued an executive order blocking Sudanese assets in the U.S. and prohibiting certain transactions with Sudan, including financial transactions (although with a liberal waiver provision, which the McCollum bill does not include). This was clearly intended to blunt H.R. 748, since it would now be aimed only at Syria. The feeling on Capital Hill is that the McCollum bill will not pass the Senate unless Syria does something to raise the senators' ire.