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APN Legislative Round-Up - February 3, 2006

I. Congress and Hamas; II. HR 4681 - Ros-Lehtinen/Lantos; III. Other Anti-PA Measures; IV. Dear Colleagues Re: Hamas; V. Review of Existing Law regarding Palestinians; VI. APN Hill Event - the 2006 Palestinian Elections; VII. Bills and Resolutions

for the week ending February 3, 2006

I. Congress and Hamas
II. HR 4681 - Ros-Lehtinen/Lantos
III. Other Anti-PA Measures
IV. Dear Colleagues Re: Hamas
V. Review of Existing Law regarding Palestinians
VI. APN Hill Event - the 2006 Palestinian Elections
VII. Bills and Resolutions


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I. CONGRESS AND HAMAS
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In the wake of the January 25th Palestinian elections, which swept the U.S.-designated Foreign Terrorist Organization Hamas into power, a number of pieces of legislation have been introduced in Congress with respect to U.S. aid to the Palestinians, as well as with respect to other aspects of the U.S.-Palestinian relationship (and more are expected). A summary of these measures is included in this section.

It is worth noting that there is some redundancy in all of these efforts, since the U.S. law has long barred the provision of direct aid to the Palestinian Authority, except when the President determines that it is in the national security interests of the U.S. to waive this restriction (and that he is willing to invest the large amount of political capital that invoking this waiver involves). For a review of existing sanctions legislation related to the Palestinians, see section II, below.

It should be recalled that this restriction was made even more categorical in 2005, when, following the January 2005 election of President Mahmoud Abbas, Congress took the extraordinary step of telling the President that he "shall not" use his waiver authority on aid provided to the Palestinians pursuant to his personal promise to Abbas (for details see Legislative Round-Ups from April and May, 2005).


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II. HR 4681, ROS-LEHTINEN/LANTOS =================================

Introduced Feb. 1st by House International Relations Committee Middle East and Central Asia Subcommittee Chair Ros-Lehtinen (R-FL), and HIRC Ranking Minority Member Lantos (D- CA), along with 28 cosponsors, entitled "Palestinian Anti-Terrorism Act of 2006."

This far-reaching measure would restrict and condition virtually every aspect of the U.S.-Palestinian relationship. The underlying mechanism for these restrictions is a new Presidential certification, which is made the basis for virtually all elements of the U.S.-Palestinian relationship. The certification (which is specified in the section of the bill dealing with direct aid for the PA), requires not only that no part of the PA is controlled by terrorists, but also that the PA has met a list of reform requirements, has recommitted itself to all previous agreements, and has "publicly acknowledged Israel's right to exist as a Jewish state." For the purposes of the summary below, these requirements will be referred to as the "required Presidential certification."

No Direct Aid
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The bill would bar all direct aid to the PA (under any provision of law, meaning the President could not provide aid under some other emergency or contingency fund) unless the required Presidential certification had been made.

In contrast to current law, the bill does not provide the President with any authority to waive the ban, even in the case where national security interests of the U.S. are at stake.

Limitations on Aid via NGOs -
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The bill would severely restrict the ability of the U.S. to provide aid to NGOs serving the humanitarian needs of the Palestinian people, by barring all aid via NGOs unless required Presidential certification had been made.

The bill provides an exception for aid "to meet basic human health needs" - specified as food, water, medicine, sanitation, etc.

The bill would also permit other types of NGO assistance if the President certifies that this aid furthers the national security interests of the U.S. and consults with/reports to Congress about this aid. The bill also stipulates that: all NGO aid be clearly marked as coming from the United States; Congress be notified in advance of providing any aid; extensive oversight, vetting, and auditing requirements be met; and no aid be granted for programs that honor terrorists (note: these last provisions are already present, in some form, in current law).

UN Reform
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The bill includes provisions similar to those in other UN-related legislation currently pending in Congress. It would require a review of Palestinian-related programs and agencies in the United Nations for anti-Israel bias, recommendations for reforms to deal with such bias, and the withholding of funds from the UN in case the suggested reforms are not implemented.

In addition, the bill stipulates that the U.S. "shall withhold from the United States contributions to the regular assessed budget of the United Nations" amounts proportional to those spent by the UN or affiliated agencies for direct assistance to the PA, unless the required Presidential certification had been made.

"Terrorist Sanctuary"
---------------------
The bill includes a Sense of Congress that unless the required Presidential certification had been made, the areas controlled by the PA should be deemed a "terrorist sanctuary."

This label is a reference to Section 7102 of the Intelligence Reform and Terrorism Prevention Act of 2004 (PL 108-458), which stipulated new U.S. policy and amendments to current law with respect to countries deemed to be providing sanctuary to terrorists. Under this new law, the PA - if deemed a terrorist sanctuary - a would face restrictions on U.S. exports, and the Secretary of State would be required to submit to Congress a lengthy annual report about the PA and terrorism. It should be noted that this section is a Sense of Congress, rather than binding law.

Ban on Visas for the PA
------------------------
The bill would ban the issuance of visas to anyone affiliated with the PA, unless the required President certification had been made.

The bill provides the President the authority to waive this ban on a case-by- case basis if he deems it in the interests of U.S. national security (note: current law already includes a similar ban on visas to people affiliated with the PLO, and a similar waiver).

Restriction on Palestinians at the UN
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The bill would impose strict limits on the movements of Palestinian representatives (from both the PA and the PLO) to the UN, unless the required certification had been made, limiting such people to travel within a 25-mile radius of UN headquarters. (Note: This restriction is likely being invoked because, as part of U.S. obligations as the host country of the UN, Congress cannot bar the entry of UN representatives to the U.S.)

Ban on PA/PLO Representation in the U.S.
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The bill would comprehensively bar (i.e., "notwithstanding any other provision of law") both the PLO and PA from maintaining an "office, headquarters, premises, or other facilities or establishments" in the U.S., unless the required Presidential certification had been made.

Blocking Aid to the PA in IFIs
-------------------------------
The bill would require the President to direct U.S. representatives at International Financial Institutions (e.g., the World Bank, IMF) to use the voice, vote, and influence of the U.S. to block any aid to the PA unless the required Presidential certification had been made.

Barring Diplomatic Contacts
----------------------------
The bill would bar contacts between any U.S. government agencies and members or officials of Hamas, Palestinian Islamic Jihad, The PFLP, al-Aqsa Martyrs Brigade, "or any other Palestinian terrorist organization." Such contacts are generally already prohibited by U.S. law, so it is unclear why this section has been included in the bill, unless it is aimed at covert contacts (i.e., the intelligence community).


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III. OTHER ANTI-PA MEASURES =============================

S. Con. Res. 79
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Introduced February 1st by Sen. Thune (R-SD) and six co-sponsors, and passed by the Senate by unanimous consent. This very concise measure expresses the sense of Congress that no direct aid should be provided to the PA "if any representative political party holding a majority of parliamentary seats within the Palestinian Authority maintains a position calling for the destruction of Israel." It is worth noting here that under current law, no U.S. aid may be granted directly to the PA, regardless of the composition of the parliament (i.e., if S. Con. Res. 79 were actually to become binding law, it would represent a loosening of restrictions on aid to the Palestinian Authority).

S. 2237
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Introduced February 1st by Sens. Santorum (R-PA), Kyl (R-AZ), and Nelson (D-FL), entitled "The Palestinian Compliance Act of 2006." The bill would amend current law barring direct aid to the PA by removing the existing Presidential national security waiver, and replacing it with a new, significantly conditioned/eroded waiver authority. Under this new waiver, the President could waive the ban on direct aid only if he certified to Congress that the PA has met a long list of anti-terror and reform requirements.

HR 4668
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Introduced January 31st by Rep. Fossella (R- NY) and 14 cosponsors, entitled "The Limitation of Assistance to the Palestinian Authority Act of 2006." This bill is essential a short version of the HR 4681. Its binding provisions are comprised of a ban on direct aid to the PA, unless a Presidential certification requirement (similar to the one in HR 4681) is met.

Weiner Bill
-----------
It has been reported that Rep. Weiner (D-NY) will introduce legislation to cut aid to the Palestinians. As of this writing no new Weiner bill has been introduced, and it is possible that these reports are referring to legislation introduced by Rep. Weiner earlier in the year - HR 1143, introduced in March 2005 - to cut all aid to the Palestinians.

It is worth noting that as a matter totally unrelated to Hamas, Rep. Weiner has introduced legislation to bar all aid (direct and via NGOs) to the Palestinians in every Congress since he was first elected:

HR 1143 - 109th Congress
HR 1823 - 108th Congress
HR 1087 - 107th Congress
HR 5522 - 106th Congress (the first Congress Weiner was part of).


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IV. DEAR COLLEAGUES RE: HAMAS =============================

Weiner (D-NY): On January 13th (during Congressional recess) Rep. Weiner circulated a Dear Colleague seeking cosigners on a letter to Secretary of State Rice. The letter urges the U.S. "to follow the lead of the European Union and pledge that it will halt all aid to the Palestinians if Hamas wins the January 25 Palestinian Authority parliamentary elections and does not denounce violence and terrorism." The letter also urges the U.S. to "stop the flow of funds through USAID's West Bank and Gaza Program."

Knollenberg (R-MI): On Feb. 2nd Rep. Knollenberg began circulating a Dear Colleague seeking co-signers on a letter to President Bush. The letter urges "an immediate end to all direct U.S. assistance to the Palestinian Authority." In addition, the letter invites President Bush to "outline additional steps your Administration will be taking to ensure absolutely no money is directed to Hamas or any other terrorist organization. The indirect assistance the United States provides through USAID helps the people in the West Bank and the Gaza Strip secure a more prosperous future. However, the recent election forces the United States to reevaluate our current policies and consider new options to prevent assistance from going to any terrorist organization."


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V. REVIEW OF EXISTING LAW REGARDING PALESTINIANS =============================

No direct aid to the PLO
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The annual Foreign Operations Appropriations bill includes a perennial provision barring any direct assistance to the PLO. There is no waiver.

No direct aid to the PA
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The annual Foreign Operations Appropriations bill includes a perennial provision barring any direct aid to the Palestinian Authority. It also provides the President a limited waiver of this ban if he determines it is in the national security interests of the U.S. to provide such aid.

No direct aid to a Palestinian State
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The annual Foreign Operations Appropriations bill includes a perennial provision barring U.S. assistance to support any future Palestinian state, unless the Secretary of State determines and certifies to the appropriate congressional committees that said state has met a long list of requirements. The provision includes a limited national security waiver for the President as well as an exemption on the ban in the case of aid to help reform the PA.

No aid to international programs that benefit the PLO
--------------------------------------------
Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227) includes a provision barring U.S. funding for programs whose purpose is to provide benefits to the Palestine Liberation Organization or entities associated with it. It does not include any waiver.

Ban on the PLO operating in the U.S.
-------------------------------------
Section 1003 of the Foreign Relations Authorization Act, fiscal years 1988 and 1989 (22 U.S.C. 5202) includes language barring the PLO from operating in the U.S.

This law makes it illegal for anyone in the U.S. "to receive anything of value except informational material from the PLO or any of its constituent groups, any successor thereto, or any agents thereof; (2) to expend funds from the PLO or any of its constituent groups, any successor thereto, or any agents thereof; or (3) notwithstanding any provision of law to the contrary, to establish or maintain an office headquarters, premises, or other facilities or establishments within the jurisdiction of the United States at the behest or direction of, or with funds provided by the Palestine Liberation Organization or any of its constituent groups, any successor to any of those, or any agents thereof."

The measure does not include any waiver. However, the annual Foreign Operations Appropriations bill includes a perennial provision granting the President a national security interests waiver of these restrictions.

Ban on visas for the PLO
-------------------------
United States Code (USC) Title 8, Chapter 12, Subchapter II, Part II, Sec. 1182 [a.k.a.: Section 212(a)(3)(B)(i)(V) of the Immigration and Nationality Act (INA)] explicitly designates the PLO a terrorist organization for visa issuance purposes and bars those affiliated with the PLO from entering the U.S. The section permits the Attorney General to waive the ban on a case- by-case basis.

Ban on UN recognition of the PLO
------------------------------
Section 114 of the Department of State Authorization Act, fiscal years 1984 and 1985 (22 U.S.C. 287e note) bars U.S. funding of the UN or any UN agency that gives full status to the PLO. Section 114 of the Department of State Authorization Act, fiscal years 1984 and 1985 (22 U.S.C. 287e note) bars U.S. aid to UN agencies that recognize the PLO. There is no waiver.

Ban on recognition of the PLO by other international organizations
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Section 114 of the Department of State Authorization Act, fiscal years 1984 and 1985 (22 U.S.C. 287e note) establishes restrictions on U.S. funding to international organizations dealing with the PLO. There is no waiver.

Monitoring PLO performance
--------------------------
Public Law 101-246, Title VIII, Sec. 804 (the PLO Commitments Compliance Act of 1989), and it successor piece of legislation, Public Law 107-228, Section 604 (The Middle East Peace Commitments Act), require extensive, ongoing reporting on PLO performance on a range of criteria. MEPCA requires sanctions if performance is not deemed sufficient, as well as a limited national security waiver of sanctions.

No aid to the Palestinian Broadcasting Corporation
--------------------------------------
The annual Foreign Operations Appropriations bill includes a perennial provision barring any direct assistance to the PBC.


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VI. APN HILL PANEL - THE 2006 PALESTINIAN ELECTIONS ================================

Americans for Peace Now (APN) will host a Capitol Hill forum featuring three members of the National Democratic Institute/Carter Center Observer Mission to the Palestinian elections. The forum will take place from 10:00 a.m.-11:30 a.m. on Tuesday, February 7, 2006, in Room 2200 of the Rayburn House Office Building.

The panel will feature: Dr. Ziad Asali, President and Founder of the American Task Force on Palestine; Dr. Nathan Brown, Senior Associate at the Carnegie Endowment for International Peace, on leave from his position as professor of political science and international affairs at George Washington University; and Lara Friedman: Government Relations Director of Americans for Peace Now (APN).


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IV. BILLS AND RESOLUTIONS
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(IRAN) S.Con.Res.78: Introduced January 27th by Sen. Frist (R-TN) and 31 co-sponsors, "condemning the Government of Iran for violating its international nuclear nonproliferation obligations and expressing support for efforts to report Iran to the United Nations Security Counsel." Passed January 27th by unanimous consent and referred to the House Committee on International Relations.

(IRAN) S.Con.Res.76: Introduced January 20th by Sen. Coleman (R-MN) and 8 cosponsors, "condemning the Government of Iran for its flagrant violations of its obligations under the Nuclear Non-Proliferation Treaty, and calling for certain actions in response to such violations." Referred to the Committee on Foreign Relations.

(IRAN) S.Res.349: Introduced January 20th by Sen. Santorum (R-PA) and one cosponsor, "condemning the Government of Iran for violating the terms of the 2004 Paris Agreement, and expressing support for efforts to refer Iran to the United Nations Security Council for its noncompliance with International Atomic Energy Agency obligations." Referred to the Committee on Foreign Relations.

(IRAN) S.Res.351: Introduced January 20th by Sen. Bayh (D-IN), "a resolution responding to the threat posed by Iran's nuclear program." Referred to the Committee on Foreign Relations.


For more information, contact APN Government Relations Director Lara Friedman at 202/728-1893, or at lfriedman@peacenow.org.