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APN Legislative Roundup - July 13, 2007

I. Bills and Resolutions II. ForOps Bill -- Senate Version

APN Legislative Round-Up for the week ending July 13, 2007

I. Bills and Resolutions
II. ForOps Bill -- Senate Version


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I. BILLS AND RESOLUTIONS
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(US-ISRAEL MISSILE DEFENSE) S.1752: Introduced 7/9/07 by Sen. Vitter (R-LA) and no cosponsors, " to establish the policy of the United States with respect to deployment of missile defense systems capable of defending allies of the United States against ballistic missile attack," with the short title "Defense Against Regional Threats Act of 2007." The bill seeks to make it U.S. law that "It is the policy of the United States to provide for deployment as soon as is technologically possible of effective missile defense systems capable of defending Israel and all member nations of the North Atlantic Treaty Organization against ballistic missile attack from Iran." The bill also states that "It is the policy of the United States to seek continued negotiated burdensharing agreements with the nations specified in section 2 to share the costs of development and deployment of ballistic missile defense systems." Referred to the Committee on Foreign Relations.

(ARAB BOYCOTT) HR 556: Introduced 1/18/07 by Rep. Maloney (D-CA), "To ensure national security while promoting foreign investment and the creation and maintenance of jobs, to reform the process by which such investments are examined for any effect they may have on national security, to establish the Committee on Foreign Investment in the United States, and for other purposes." The bill includes a clause requiring the Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Commerce "to conduct a study on foreign direct investments in the United States, especially investments in critical infrastructure and industries affecting national security, by-- (A) foreign governments, entities controlled by or acting on behalf of a foreign government, or persons of foreign countries which comply with any boycott of Israel; or (B) foreign governments, entities controlled by or acting on behalf of a foreign government, or persons of foreign countries which do not ban organizations designated by the Secretary of State as foreign terrorist organizations." The bill requires that after completion of the study, the Secretary of the Treasury report to Congress the findings of the study "together with an analysis of the effects of such investment on the national security of the United States and on any efforts to address those effects." The bill was passed by the House in 2/28/07, and then passed, with an amendment, by the Senate on 6/29/07. On 7/11/07 the House suspended the rules and passed the bill again, as amended by the Senate, clearing the way for the bill to be sent to the President. voted to accede to the Senate amendment

(ISRAEL BOYCOTT) H. Res. 467: Introduced 6/6/07 by Rep. Murphy (D-PA), " Condemning the decision by the leadership of the University and College Union of the United Kingdom to support a boycott of Israeli academia." Passed by the House under suspension of the rules on 7/11/07 by a vote of 414-8, with 2 voting present.

WEINER BILLS: On July 7th, Rep. Anthony Weiner (D-NY) in all probability set a record for the largest number of Middle East-related sanctions bills introduced in a single day, introducing 7 separate initiatives, as follows:

- (ARAB BANK) HR 2985: Introduced 7/10/07 by Rep. Weiner (D-NY) and no cosponsors, "To require the Secretary of the Treasury to take certain actions with regard to the Arab Bank, and for other purposes." Referred to the Committee on Financial Services and the Committee on Foreign Affairs.

- (SAUDI ARABIA) HR 2986: Introduced 7/10/07 by Rep. Weiner (D-NY) and no cosponsors, "To prohibit assistance to Saudi Arabia." Referred to the Committee on Foreign Affairs and the Committee on Financial Services. Comment: As has been pointed out the previous editions of the Round-Up when Rep. Weiner has introduced language seeking to bar aid to Saudi Arabia, the U.S. does not in fact give any aid to Saudi Arabia. The small amount of U.S. funding associated with Saudi Arabia are for programs that relate directly to U.S. interests (e.g., a small amount to bring Saudi military officers to the U.S. to train with the U.S. military, and counter-terrorism funding).

- (SAUDI ARABIA) HR 2981: Introduced 7/10/07 by Rep. Weiner (D-NY) and no cosponsors, "To halt the issuance of visas to citizens of Saudi Arabia until the President certifies that the Kingdom of Saudi Arabia does not discriminate in the issuance of visas on the basis of religious affiliation or heritage." Referred to the House Committee on the Judiciary.

- (PALESTINIANS) HR 2978: Introduced 7/10/07 by Rep. Weiner (D-NY) and no cosponsors, "To prohibit United States assistance for the Palestinian Authority and for programs, projects, and activities in the West Bank and Gaza, unless certain conditions are met." Referred to the House Committee on Foreign Affairs.

- (PALESTINIANS) HR 2975: Introduced 7/10/07 by Rep. Weiner (D-NY) and no cosponsors, "To make unlawful the establishment or maintenance within the United States of an office of the Palestine Liberation Organization (PLO)." Referred to the House Committee on Foreign Affairs.

- (SAUDI ARABIA) HR 2976: Introduced 7/10/07 by Rep. Weiner (D-NY) and no cosponsors, "To halt Saudi support for institutions that fund, train, incite, encourage, or in any other way aid and abet terrorism, and to secure full Saudi cooperation in the investigation of terrorist incidents, and for other purposes." Referred to the House Committee on Foreign Affairs.

- (EGYPT) HR 2977: Introduced 7/10/07 by Rep. Weiner (D-NY) and no cosponsors, "To prohibit United States military assistance for Egypt and to express the sense of Congress that the amount of military assistance that would have been provided for Egypt for a fiscal year should be provided in the form of economic support fund assistance." Referred to the House Committee on Foreign Affairs.


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II. FOROPS BILL -- SENATE VERSION
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As noted in the last edition of the Round-Up, on 6/28 the Senate Appropriations Committee marked-up and passed their version of HR 2764, the FY09 Department of State and Foreign Operations Appropriations bill. Their version of the bill and the accompanying report language was reported out of Committee until July 10. The Middle East-related provisions of the bill are:

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Center for Middle Eastern-Western Dialogue
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- A provision regarding the Center for Middle Eastern-Western Dialogue Trust fund, permitting all interest and earnings accrued to that fund in FY07 to remain available until expended; (SAME AS HOUSE)

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Israeli Arab scholarship program
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- A provision regarding the Israeli Arab scholarship program, permitting all interest and earnings accrued to the Israeli Arab Scholarship Fund in FY07 to remain available until expended; (SAME AS HOUSE)

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International Broadcasting
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Bill text: The bill earmarks funding of $662,727,000 for International Broadcasting Operations, including to make and supervise grants for radio and television broadcasting to the Middle East; (HOUSE - $671,632,000)

Report language: The report notes that the recommendation does not include $11,144,000 to continue the expansion of Alhurra broadcasting to the Middle East, and says it will consider this request as part of future legislation. The Committee goes on to note its concern "with recent reports regarding the broadcasting of interviews and speeches made by terrorist-affiliated and militant leaders on Alhurra television in the Middle East. The Committee reiterates its strong support for free and fair broadcasting to the Middle East and reminds the Broadcasting Board of Governors that this does not include broadcasts that provide a platform for groups or persons associated with foreign terrorist organizations, as defined by the Department of State. The Committee directs the BBG, in conjunction with the Middle East Broadcasting Networks, to make public English transcripts on a case by case basis if requested by the Committees on Appropriations." The Committee further stipulates that "Support for Alhurra may only be made available if the Secretary of State certifies and reports to the Committee that Alhurra does not advocate on behalf of any organization that the Secretary knows, or has reason to believe, engages in acts of terrorism."

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Jerusalem
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- Sec. 106, requiring that for the purposes of registration of birth, certification of nationality, or issuance of a passport for a US citizen born in Jerusalem, that upon request of the citizen, the birthplace shall be recorded as Israel (note: this provision has been passed into law multiple times and each time it has been set aside by the President as unconstitutional, since it encroaches on his foreign policy prerogative). (HOUSE - SAME, Sec. 107)

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Palestinian Broadcasting Corporation
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- Sec.111: Perennial bill language stipulating that no funds appropriated in this Act may be used to assist the Palestinian Broadcasting Corporation (HOUSE - SAME, Sec. 657)

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Israel
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>Economic Support Funds (ESF): There is no ESF funding for Israel in this bill, consistent with the President's request. (HOUSE - SAME)

Report language: None.

>Foreign Military Financing (FMF): $2.4 billion, as requested by the President, to be disbursed within 30 days of the enactment of this Act. The bill stipulates that to the extent that the Government of Israel requests and as agreed by Israel and the U.S., these funds shall be made available for advanced weapons systems, of which not less than $631.2 million shall be made available for procurement of articles and services in Israel [note: unless otherwise stipulated, FMF must be spent in the U.S.] [HOUSE - SAME]

Report language: None.

>Migration and Refugee Assistance (MRA): $40 million, for the resettlement of refugees in Israel (out of a total of $889 million provided for refugees worldwide - the House number was $830 million). As with the House version, for the first year in memory, this section omits the perennial stipulation that funds appropriates for a headquarters contribution by the U.S. to the International Committee of the Red Cross may be made available only if the Secretary of State determines (and reports to Congress) that Israel's Magen David Adom Society is not being denied participation in the activities of International Red Cross and Red Crescent Movement - reflecting, it seems, that Congress has recognized the progress that has been made on this issue.

Report Language: None (in the past Senate report language has noted the dwindling number of refugees from the FSU and Ethiopia and discussed the gradual reduction of this funding).

>Nonproliferation, anti-terrorism, demining and related programs: This perennial provision includes the stipulation that funds appropriated under this heading may be made available for the International Atomic Energy Agency only if the Secretary of State (and reports to Congress) that Israel is not being denied its right to participate in the activities of that Agency. [The House version states that the Secretary must also certify that Israel is not being otherwise discriminated against in the activities of the IAEA.]

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West Bank and Gaza
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>Economic Support Funds (ESF): The bill earmarks $75 million for the West Bank and Gaza program [as compared to the House appropriation of $63.5 million, as requested by the President].

Report Language: The report notes the Committee's continued support fpr the First Regional Cooperative Program for Health to be conducted by the Hebrew University's Kuvin Center and Al Quds University.

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Egypt
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>Economic Support Funds (ESF): The bill does NOT include a hard earmark for economic aid to Egypt, although the tables included in the accompanying report recommend $415 million, as requested by the President [the House version includes a hard earmark for the same amount]. The bill states that funds for Egypt " shall be provided with the understanding that Egypt will undertake significant economic and democratic reforms which are additional to those which were undertaken in previous fiscal years, including the benchmarks accompanying the 'Financial Sector Reform Memorandum of Understanding' dated March 20, 2005." The bill earmarks $15 million of the funds for democracy, human rights and governance programs [the House earmarks $50 million for this], and $50 million for education programs, of which $10 million are earmarked for "scholarships for Egyptian students with high financial need to attend United States accredited institutions of higher education in Egypt." The bill states that "with respect to the provision of assistance for Egypt for democracy, human rights and governance activities, the organizations implementing such assistance and the specific nature of that assistance shall not be subject to the prior approval by the Government of Egypt."

Report language: None.

>Foreign Military Financing (FMF): The bill earmarks $1.3 billion, as requested by the President, and notes that these funds should be made available for counterterrorism and border security programs in the Sinai. The bill also includes the perennial provision under which estimated current year outlays for Egypt shall be placed in an interest-bearing account within 30 days of the enactment of this Act. [Same as House]. The Senate does NOT include the new section added to the House version (Sec. 699) "fencing off" part of Egypt's FMF until it meets a number of conditions.

Report language: None.

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Jordan
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>Economic Support Funds (ESF): The bill earmarks $363,547,000 in ESF for Jordan [the House earmarked $263,547,000, as requested by the President].

Report language: The report notes that the appropriation is $100,000 more than the President's request, and requests that the additional funds be used "to address social and economic development needs, including for Iraqis seeking refuge in Jordan."

>Foreign Military Financing (FMF): The bill earmarks $300 million [the House earmarked, $200 million, as requested by the President].

Report language: The report notes that the appropriation is $100,000 more than the President's request, and requests that the additional funds be used "for border security and counterterrorism projects."

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Lebanon
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>Economic Support Funds (ESF): The bill earmarks $45 million [the same as the House, and $3 million above the President's request], of which the bill stipulates that not less than $10 million should be made available for scholarships and direct support for American educational institutions in Lebanon and not less than $500,000 to the U.S. Forest Service for forest management and wildlife conservation programs in Lebanon [the House includes an identical earmark for American schools, but none for the Forest Service].

Report Language: The report points out the new funding for the Forest Service.

>Foreign Military Financing (FMF): No FMF is earmarked for Lebanon in the bill text.

Report Language: The funding tables included in the report recommend $9.6 million in FMF for Lebanon, consistent with the President's request [the House recommended $7 million].

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Iran
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>There is no funding for Iran earmarked in the bill.

Report language: The funding tables in the report include $25 million in ESF for Iran programs [the same amount as the House, and $50 million less than the President's request]. The report explains that "The Committee supports the goals of promoting democracy in Iran, but received a total of only one page of justification material for the request of $75,000,000 for this program. The Committee is particularly concerned that grantees suspected of receiving U.S. assistance have been harassed and arrested by the Government of Iran for their pro-democracy activities. The Committee provides $25,000,000 for democracy programs in Iran, and recommends the administration seek future funding for these activities under a different appropriations function. The Committee also provides $22,287,000 for broadcasting, including Radio Farda, to Iran by VOA and RFE/RL in title I of the act."

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Middle East Partnership Initiative
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Bill language: The bill states that of the ESF made available for MEPI, not less than $5 million shall be made available to rescue Iraqi scholars.

Report language: The Committee recommends $55 million in ESF for MEPI, $20 million less than the President's request [identical to the House]. Of this funding, the Committee earmarks $9 million for scholarships to educate students from predominately Muslim countries at American educational institutions [the House recommends up to $6 million for this purpose].

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Middle East Regional Cooperation (MERC)
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Report language: The report recommends $5 million in ESF for continued support for the Middle East Regional Cooperation Program [$1.2 million more than the President's request].

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Israeli-Palestinian Fund
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Report language: The report recommends $8 million in ESF for the "Israeli-Palestinian Peace, Reconciliation, and Democracy Fund. The report notes that the Committee "intends these funds be used to support people-to-people reconciliation programs, and that grants be made on a transparent, competitive basis."

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Reconciliation Programs
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Report language: The report recommends $20 million for "reconciliation programs and activities that bring together individuals of different ethnic, religions, and political backgrounds in countries affected by civil conflict and war." The Committee notes specifically its support for the following programs:

The Arava Institute for Environmental Studies Interns for Peace Facing History and Ourselves Jerusalem YMCA Seeds of Peace

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Peacekeeping Operations (PKO)
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Bill language: The bill provides $273,200,000 for peacekeeping operations, and of this amount earmarks not less than $25 million for the U.S. contribution to the Multinational Force Observers (MFO) in the Sinai [the House includes an earmark of $22 million for the MFO in the report language].

Report language: The report states that "The Committee recommends $25,000,000 for a United States contribution to the Multinational Force and Observer mission in the Sinai, an increase of $4,000,000 above the budget request. The Committee notes the security challenges associated with this mission as the situation in Gaza continues to deteriorate, and expects additional funds to meet pressing security needs. To the maximum extent practicable, the Committee recommends that additional funds for security requirements to be matched by sources other than the United States."

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General Provisions
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- Sec. 606: Perennial prohibition on Taxation of United States Assistance. While this provision appears generic (applying to all countries/entities receiving US aid) the only country/entity explicitly identified is the West Bank and Gaza. This reflects the genesis of this now perennial provision - the allegation in a previous year that the Palestinian Authority (PA) was taxing U.S. assistance provided to NGOs, thereby indirectly benefiting from US assistance designed specifically to bypass the PA. Singling out the West Bank and Gaza is somewhat strange in this bill, given that the bill explicitly bans any funding under this Act from going to the West Bank and Gaza program. [Same as House]

- Sec. 607: Perennial bill language banning aid to Cuba, Libya, North Korea, Iran, and Syria, extending to loans, credits, insurance, and guarantees of the Export-Import Bank or its agents. Notably, while the House version includes special exemptions for Libya (exempting it from the bar on OPIC and Ex-Im loans, or from funding provided under the International Military and Training (IMET) section of the bill), the Senate does not include this language.

- Sec. 610: Commercial Leasing of Defense Articles. This perennial provision permits financing to be provided to Israel, Egypt and NATO and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale.

- Sec. 617: Independent States of the Former Soviet Union. This provision (present in past ForOps legislation) directs that a portion of U.S. assistance for the Government of the Russian Federation be withheld until the President certifies that, among other things, Russian government has "terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or equipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capability..." [Same as House].

- Sec. 620: Special Notification Requirements. This section states that no funds may be obligated or expended for assistance to Serbia, Sudan, Zimbabwe, Pakistan, Cuba, the Dominican Republic, Iran, Hait, Mexico, or Cambodia except as provided through regular notification procedures of the Committee on Appropriations. [The House version does not include Iran on the list of countries.]

- Sec. 626: Perennial bill language prohibiting aid to any country which the President determines grants sanctuary to any individual or group that has committed an act of international terrorism, or any country that the President determines otherwise supports international terrorism. The language includes a national security waiver for the President. [Same as House]

- Sec. 634(j): Earmarks funds made available for the Middle East Partnership Initiative (MEPI) to establish and operate a Middle East Foundation. [Same as House]

- Sec. 635: Perennial bill language expressing a perennial Sense of the Congress opposing the Arab League Boycott of Israel. [Same as House]

- Sec. 641: This provision bars aid to NGOs that fail "to provide upon timely request any document, file, or record necessary to the auditing requirements of the United States Agency for International Development." While this is a generic requirement, applying to all NGOs receiving US funds, the issue of audits of NGOs working with USAID has been especially focused on the West Bank and Gaza. [Slightly different wording but basically the same as the House].

- Sec. 641: Perennial bill language banning assistance to governments that export lethal military equipment to countries supporting international terrorism; includes a Presidential national security waiver. [same as House]

- Sec. 644: Perennial bill language stipulating that no funds appropriated in this Act may be obligated for assistance for the PLO unless the President has waived applicable legislation. [Same as House]

- Sec. 647: Perennial bill language stipulating that no funds appropriated in this Act may be used to create any U.S. government office in Jerusalem to conduct business with the Palestinian Authority or any successor Palestinian governing entity. Notably, the Senate version drops longstanding language objecting to the U.S. meeting with Palestinians in Jerusalem (the ban, it should be noted, was non-binding, stating that this "should" be the policy, rather than "shall"). That language was included in the House version.

- Sec. 650: Limitation on Assistance to the Palestinian Authority. This is perennial bill language stipulating that no funds appropriated in this Act may be used to provide funds to the Palestinian Authority. The President is granted the authority to waive this restriction for reasons of national security. In both the House and Senate version of the bill, if the waiver is used the President must submit a report to Congress; however, while the House version includes a detailed list of issues the report must address (unrelated to the exercise of the waiver), the Senate version requires that the report detail "the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure the funds are properly disbursed."

- Sec. 655: Perennial bill language (first inserted in the FY03 ForOps language) stipulating that no funds appropriated in this Act may be used to support a Palestinian state unless the Secretary of State certifies the state has met a list of requirements related to fighting terror, democratic reform, and commitment to peace. As in the previous year, the President is granted the authority to waive these requirements for reasons of national security.

- Sec. 658: Perennial provision setting out extensive conditions and restrictions on, and vetting, reporting and audit requirements for, the West Bank and Gaza program. It should be noted that in the House version of the bill, additional restrictions, reporting, and auditing requirements were added (detailed in the 6/22/07 edition of the Round-Up). These additional requirements are not included in the Senate version.

- Sec. 665: Provision stating that not less than $20 million in ESF shall be made available to support reconciliation programs and activities which bring together individuals of different ethnic, religious, and political backgrounds from areas of civil conflict and war [the House provided $15 million for this].

- Sec. 695: A new section added by the Senate, stating that " During the current fiscal year, no military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions technology shall be sold or transferred, unless --- (1) the submunitions of the cluster munitions have a 99 percent or higher functioning rate, and (2) the agreement applicable to the assistance, transfer, or sale of the cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians."


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