For the first time since the Oslo peace process started 18 years ago, Palestinian leaders are openly refusing to negotiate with the government of Israel, and U.S. President Barack Obama's administration is doing very little about it. As Mahmoud Abbas, the Palestinian Authority president, explained the policy on Dec. 9, "We will not agree to negotiate as long as settlement building continues." The Arab League is backing Abbas in this refusal, says League chief Amr Moussa, because "the direction of talks has become ineffective and it has decided against the resumption of negotiations."

But Abbas himself negotiated with seven previous Israeli prime ministers without such preconditions. For 17 years -- from the Madrid conference of October 1991 through Abbas's negotiations with then Israeli Prime Minister Ehud Olmert, which ended in 2008 -- negotiations moved forward while Jerusalem construction continued. Madrid, Oslo I, Oslo II, the Hebron Protocol, the Wye River Memorandum, Camp David, Taba, the disengagement from Gaza, and Olmert's offer to Abbas -- all these events over the course of two decades were made possible by a continuing agreement to disagree about Israeli construction of Jewish homes in Jewish neighborhoods outside the pre-1967 line in East Jerusalem. But now, peace talks cannot even begin. Why the change?...

...Members of Congress are starting to take notice of the administration's reticence to confront Palestinian intransigence. Ileana Ros-Lehtinen (R-FL), the incoming House Foreign Affairs Committee chairwoman, said on Dec. 23 of Palestinian leaders: "They know they don't have to do a darn thing; with this administration they will get a blank check, and they will always get helped out.... Try examining where they're using their money and where our U.S. dollars are going." Her Democratic counterpart, California's Howard Berman, the outgoing chairman of the committee, said a few days earlier, referring to Abbas's unilateral drive to seek early recognition of Palestinian statehood, "If they try to circumvent negotiations, they'll lose the support of a lot of people like me, and it will jeopardize their foreign aid as well."

As it happens, a statute is already in place, requiring sanctions against such violations of the solemn commitments the Palestinians made. The Middle East Peace Commitments Act of 2002 notes that "Resolution of all outstanding issues in the conflict between the two sides through negotiations" is one of the core commitments to which the Palestinian Authority has obligated itself, and it requires the president to notify Congress of such violations and impose penalties, which may include a "prohibition on United States assistance to the West Bank and Gaza." When it returns to Washington this month, the new Congress may not share Obama's reluctance to criticize Abbas. With the support of Speaker John Boehner and Majority Leader Eric Cantor, the new House in particular may be willing to do something about it.