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APN Legislative Round-Up - September 12, 2008

I. Bills and Resolutions; II. Update on H. Con. Res. 362/S. Res. 580; III. Iran and the Defense Authorization Bill (S. 3001)

...for the week ending September 12, 2008

I.      Bills and Resolutions
II.    Update on H. Con. Res. 362/S. Res. 580
III.   Iran and the Defense Authorization Bill (S. 3001)

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I.  BILLS AND RESOLUTIONS
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(TERRORIST BROADCASTING) H. Res. 1069:  Introduced 4/1/08 by Rep. Crowley (D-NY) and having 44 cosponsors at the time it was brought to a vote, " Condemning the broadcasting of incitement to violence against Americans and the United States in media based in the Middle East, calling for the designation of al-Aqsa TV as a Specially Designated Global Terrorist entity, and for other purposes."  Brought to a vote under suspension of the rules and passed by a vote of 409-1.  It is worth noting that the resolution, as introduced and as available publicly up until the vote, focused exclusively on Hamas and offensive broadcasts by the group's al Aqsa TV station.  However, the resolution was amended quietly before coming to the floor.  The version passed by the House condemns a number of other SDGT's for their broadcasts and calls out Saudi Arabia, Egypt, and France for failing to stop broadcasting via satellite stations by these groups.  The resolution also urges the President to consider designating as a specially-designated global terrorist entities satellite providers that "knowingly and willingly contract with entities designated as SDGTs to broadcast their channels", or to consider implementing other punitive measures against them.  In an apparent jab at Egypt, it also calls on the President to "take into consideration state sponsorship of anti-American incitement to violence when determining the level of assistance to, and frequency and nature of relations with, regional States."

(LEBANON)  H. Res. 1421:  Introduced 9/9/08 by Rep. Jones (R-NC), "Solemnly commemorating the 25th anniversary of the tragic October 1983 terrorist bombing of the United States Marine Corps Barracks in Beirut, Lebanon and remembering those who lost their lives and those who were injured."   Referred to the House Committee on Armed Services.

(TERRORIST FINANCE)  HR 4081:  Introduced by Rep. Weiner (D-NY) 11/5/07, "To prevent tobacco smuggling, to ensure the collection of all tobacco taxes, and for other purposes."  The "findings" section of the bill notes that "Hezbollah, Hamas, al Qaeda, and other terrorist organizations have profited from trafficking in illegal cigarettes or counterfeit cigarette tax stamps" and "terrorist involvement in illicit cigarette trafficking will continue to grow because of the large profits such organizations can earn."  Passed 9/10/08 under suspension of the rules by a vote of 379-12.

(IRAN)  H. Res. 1008:  Introduced 2/28/08 by Rep. Kirk (R-IL), "Condemning the persecution of Baha'is in Iran."  Passed under suspension of the rules 8/1/08 by a vote of 408-3.

(US POLICY) H. Res. 1410: Introduced 8/1/08 by Rep. Moore (D-WI) and 6 cosponsors, "Supporting efforts to advance United States international diplomacy and engagement in order to restore United States credibility abroad."  The resolution's "whereas" clauses includes the following:  "Whereas, it should be noted that Israel has entered into talks with Syria, mediated by Turkey, to discuss the Golan Heights; struck a deal with Hezbollah to exchange the remains of soldiers and prisoners, with Germany acting as a mediator; and media reports continue to indicate that Israel may be working to reach a cease fire with Hamas, through mediators, in Gaza."  Referred to the House Committee on Foreign Affairs.

(IRAN)  S. 3445:  Introduced 8/1/08 by Sen. Dodd (D-CT) and no cosponsors, "An original bill to impose sanctions with respect to Iran, to provide for the divestment of assets in Iran by State and local governments and other entities, to identify locations of concern with respect to transshipment, reexportation, or diversion of certain sensitive items to Iran, and for other purposes."  For details of this bill, please see the 7/18/08 edition of the Round-Up.  Placed on the Senate Legislative Calendar under General Orders.

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II.  UPDATE -- H. CON. RES. 362 AND S. RES. 580
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H. Con. Res. 362:  As Congress returned to Washington this week, efforts to press forward with H. Con. Res. 362 re-started.  Early Monday morning Reps. Ackerman (D-NY) and Pence (R-IN) re-circulated their Dear Colleague urging members to support the resolution and reiterating their position that the resolution does not call for, and should not be construed as calling for, a blockade.  The resolution still has not appeared on the calendar of the House Foreign Affairs Committee (to which it was referred when it was introduced), nor has it appeared on the suspension calendar.  Nonetheless, informed observers remain concerned that the resolution could still move, probably amended to address the blockade question, before Congress breaks at the beginning of October.  Even with such an amendment, serious opposition to the resolution will remain (including from APN), due to the resolution's perpetuation and escalation of the existing sanctions/sticks-only approach to Iran.  As of this writing, the resolution has 271 cosponsors, 11 of whom signed on this week.  Five members who had previously signed on as cosponsors have withdrawn their cosponsorship, including Rep. John Lewis (D-GA), who withdrew his cosponsorship this week. 

S. Res. 580:  Getting far less attention from the activist community is S. Res. 580, probably because it omits some of the most controversial House language.  Nonetheless, as noted in previous issues of the Round-Up, S. Res. 580 contains language that could be viewed as supportive of a blockade.  As noted in the last issue of the Round-Up, just before the August recess the lead sponsor of S. Res. 580 was working to amend this language in order permit it to move easily to a vote.  As with H. Con. Res. 362, even with such an amendment, serious opposition to the resolution will remain (including from APN), due to the resolution's perpetuation and escalation of the existing sanctions/sticks-only approach to Iran.  As of this writing, S. Res. 580 has 50 cosponsors, including one who signed on this week. 

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III. IRAN AND THE DEFENSE AUTHORIZATION BILL (S. 3001)
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As expected, the Department of Defense Authorization Bill (S. 3001), one of the few must-pass (or probably-must-pass) pieces of legislation that will be dealt with by Congress before the Presidential election, has become the focus of a number of Iran-related initiatives.  This, despite the fact that the White House has issued a Statement of Policy (SAP) for the bill, in which the Administration makes clear its opposition to Congress attaching Iran sanctions to the measure (in essence, a veto warning).  It should be noted that a total of 234 amendments to S. 3001 have been filed, and it is unlikely that most will be considered.

Relevant excerpts from the SAP are:
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"Iran: The Administration also strongly opposes any amendments that would restrict the ability of the United States to deal effectively with the threats to regional security posed by the conduct of Iran."

"Iran - Other Possible Amendments: The Administration strongly opposes proposed Iran sanctions legislation recently reported out of both the Senate Finance and Banking Committees. Most objectionable are certain provisions in the bill reported out of the former committee that would ban completely, until conditions are fulfilled, nuclear cooperation under proposed agreements for cooperation. The Administration has firmly and consistently maintained that conforming nuclear cooperation agreements should be dealt with only in accordance with existing provisions of section 123 of the Atomic Energy Act. The bills would also serve, if enacted, to divide the multilateral coalition that has come together to oppose Iran's nuclear programs, by requiring the Administration to submit 'blacklists' of foreign companies investing in Iran's energy sector and determine whether each reported investment qualifies a sanctionable offense under the Iran Sanctions Act. The Administration continues to stress with our international partners that 'business as usual' with Iran is ill-advised. As a result of our pressure and that of our international partners, several foreign firms have announced they will not be making further investments in Iran's energy sector."  (source: http://www.whitehouse.gov/omb/legislative/sap/110-2/saps3001-s.pdf)

Amendments offered to S. 3001:

SA 5485:  Offered by Senators Dodd (D-CT) and Shelby (R-AL), this amendment seeks to insert into the bill a section entitled "Comprehensive Iran Sanctions, Accountability, and Divestment," text which is basically the same as S. 3445, the bill of the same name introduced by Sen. Dodd on 8/1/08, following a markup in the Senate Banking Committee on 7/17/08 (for details, see the 7/18/08 edition of the Round-Up). 

SA 5488:  Offered by Sen. Brownback (R-KS), this amendment would require a "biennial report on military power in Iran."  The reported would be required to address "(1) The goals of Iranian grand strategy, security strategy, and military strategy.  (2) The size, location, and capabilities of all land, sea, air, and irregular forces of Iran, and any other force controlled by the Iran Government or receiving funds or training from the Iran Government.  (3) Developments in and the capabilities of the ballistic missile and any nuclear, chemical, and biological weapons programs of Iran. (4) The degree to which Iran depends on unconventional, irregular, or asymmetric capabilities to achieve its strategic goals.   (5) The irregular warfare capabilities of Iran, including the exploitation of asymmetric strategies and related weapons and technology, the use of covert forces, the use of proxy forces, support for terrorist organizations, and strategic communications efforts.  (6) Efforts by Iran to develop, acquire, or gain access to information, communication, nuclear, and other technologies that would enhance its military capabilities.  (7) The nature and significance of any arms, munitions, military equipment, or military or dual-use technology acquired by Iran from outside Iran, including from a foreign government or terrorist organization, or provided by Iran to any foreign government or terrorist organization.   (8) The nature and significance of any bilateral or multilateral security or defense-related cooperation agreements, whether formal or informal, between Iran and any foreign government or terrorist organization.   (9) Expenditures by Iran on each of the following:   (A) The security forces of Iran, whether regular and irregular.  (B) The programs of Iran relating to weapons of mass destruction.   (C) Support provided to terrorist groups, insurgent groups, irregular proxy forces, and other non-state actors, and related activities.   (D) Assistance to other countries."

SA 5359: Offered by Sen. Brownback (R-KS), SA 5358 would amend language in the bill related to the authorization of funds for the Airborne Laser System program.  The original bill states that funds may not be obligated or expended for the program until the Secretary of Defense certifies to Congress that the system "has demonstrated, through successful testing and operational and cost analysis, a high probability of being operationally effective, suitable, survivable, and affordable."  The amendment would change this to a certification that the system "has demonstrated, through successful testing and operational and cost analysis, a high probability of being operationally effective, suitable, survivable, and affordable relative to the ballistic missile threat posed by North Korea, Iran, and other countries with active ballistic missile development and fielding programs."

SA 5360:  Offered by Sen. Brownback (R-KS), this amendment is similar to SA 5488 (described above), requiring an annual (rather than biannual, as stipulated in SA 5488) report on military power of Iran.  The report would be required to address: "(1) The goals of the grand strategy, security strategy, and military strategy of Iran during the 20-year period beginning on the date of such report, and the relationship between such strategies and the current security situation in the Middle East and Central and South Asia. (2) The size, location, and capabilities of the land, sea, air, and irregular forces of Iran, including the Artesh, the Iranian Revolutionary Guard Corps (IRGC), the Qods Force of the Iranian Revolutionary Guard Corps, Lebanese Hezbollah, and any other force controlled by the Iran or receiving funds or training from the Iran.  (3) Developments in and the capabilities of the ballistic missile, nuclear, and chemical and biological weapons programs of Iran.  (4) The degree to which Iran depends on unconventional, irregular, or asymmetric capabilities to achieve its strategic goals.  (5) The irregular warfare capabilities of Iran, including the exploitation of asymmetric strategies and related weapons and technology, the use of covert forces, the use of proxy forces, support for terrorist organizations, and strategic communications efforts.  (6) Efforts by Iran to develop, acquire, or gain access to information, communication, nuclear, and other advanced technologies that would enhance its military capabilities.   (7) The nature and significance of any arms, munitions, military equipment, or military or dual-use technology acquired by Iran from outside Iran, including from a foreign government or terrorist organization, or provided by Iran to any foreign government or terrorist organization.  (8) The nature and significance of any bilateral or multilateral security or defense-related cooperation agreements, whether formal or informal, between Iran and any foreign government or terrorist organization.   (9) Expenditures by Iran on each of the following:  (A) The security forces of Iran, whether regular and irregular, including the Artesh, the Iranian Revolutionary Guard Corps, and the Qods Force of the Iranian Revolutionary Guard Corps.  (B) The programs of Iran relating to weapons of mass destruction. (C) Support provided to terrorist groups, insurgent groups, irregular proxy forces, and related activities.   (D) Bilateral military aid."

SA 5362:  Offered by Sen. Coleman (R-MN), this amendment would bar the U.S. from entering into an agreement for nuclear cooperation with Russia, bar the export and transfer/re-transfer of nuclear material, facilities, or components to Russia, until the President certifies that  "Russia has suspended all nuclear assistance to Iran and all transfers of advanced conventional weapons and missiles to Iran, including the SA-20 system" or  " Iran has completely, verifiably, and irreversibly dismantled all nuclear enrichment-related and reprocessing-related programs" and "all Russian forces have been withdrawn from the undisputed territory of the sovereign state of Georgia and Russia has complied with its obligations under the cease-fire agreement signed on August 15, 2008."

SA 5425:  Offered by Sen Kyl (R-AZ), to amend a review of the ballistic missile defense policy and strategy of the United States mandated in the bill to include a review of, among other things, "The ballistic missile threat posed by North Korea, Iran, and other countries with active ballistic missile development and fielding programs, including the following:  (A) The existing inventories of short-range, medium-range, long-range, and intercontinental-range ballistic missiles of each such country, and the ranges of such missiles based on possible launch points. (B) The ballistic missile programs currently under development by each such country, including, for each such program, an assessment of-- (i) the ranges of the ballistic missiles under such program;  (ii) the fuel propulsion systems for such missiles;  (iii) the booster and warhead characteristics of such missiles; and  (iv) the capacity of such missiles to employ countermeasures, decoys, or multiple re-entry vehicles.  (C) The ballistic missile tests and exercises of each such country since 2005.  (D) The proliferation of ballistic missile hardware, technology and expertise of each such country.   (E) The ballistic missile launch facilities of each such country, whether existing or under construction."


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