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Legislative Roundup - May 13, 2005

I. Supplemental Update II. New Bills and Resolutions III. Senators on the Record IV. Kolbe on Palestinian Aid V. Frist on the Record VI. Reconciliation Event on the Hill

for the week ending May 13, 2005

I. Supplemental Update
II. New Bills and Resolutions
III. Senators on the Record
IV. Kolbe on Palestinian Aid
V. Frist on the Record
VI. Reconciliation Event on the Hill


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I. SUPPLEMENTAL UPDATE
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On May 10th the Senate voted 100-0 to pass HR 1268, "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief Act, 2005- -Conference Report." On May 11th President Bush signed the measure into law. (for full details of the measure please see the May 6th edition of the Round-Up).

During the Senate floor debate on the measure, Sen. Lamar Alexander (R-TN), who spoke out in strong support of President Abbas during the earlier floor debate on the issue, spoke out again to criticize the conference report's handling of the aid to the Palestinians. Sen. Dianne Feinstein (D- CA) also spoke in support of the OPIC aid for Gaza (as noted in a previous Round-Up, while the bill gives $10 million for OPIC funding, nowhere in the bill or managers' statement is any mention that this money is to be used for Gaza). Finally, Sen. Thomas Carper (D-DE) spoke in support of peace and raised the possibility of re-opening the issue of direct aid to the Palestinians in future aid bills. Excerpts from the debate are copied in section III, below.


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II. NEW RESOLUTIONS
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(Israel) H. Con. Res. 149: Introduced May 11th by Rep. Wilson (R-SC) and seven cosponsors, "Recognizing the 57th Anniversary of the independence of the State of Israel." Referred to the House International Relations Committee.

(Lebanon) H. Res. 273: Introduced May 11th by Reps. McCotter (R-MI) and five cosponsors, "Urging the withdrawal of all Syrian forces from Lebanon, support for free and fair democratic elections in Lebanon, and the development of democratic institutions and safeguards to foster sovereign democratic rule in Lebanon." Referred to the House International Relations Committee.

(Anti-Semitism) S. Res. XXX: Soon to be introduced by Sen. Rick Santorum (R-PA), "Expressing the Sense of the Senate regarding anti-Semitism at the United Nations, and for other purposes." The measure catalogues UN actions combining anti-Semitism and anti-Israel actions going back to 1975. It states that it is the Sense of the Senate that the President should direct the State Department to includes reporting on the UN and UN agencies relating to anti-Semitism in the annual human rights report and the annual report on religious freedom. It also states the President should direct the Secretary of State to use Middle East Partnership Initiative funds and US overseas broadcasting "to educate Arab and Muslim countries about anti-Semitism, religious intolerance, and incitement to violence."

(Anti-Semitism): H. Res. XXX: Rep. Mark Souder (R-IN) is circulating a Dear Colleague seeking cosponsors on a resolution "Commending the Department of Education's Office for Civil Liberties for taking steps against anti-Semitism and other religious and ethnic discrimination in America's schools and colleges." The measure asserts that "anti-Semitism...often takes the form of thinly veiled, and sometimes violence, anti-Israelism," singles out (by name) American universities that have hosted pro- Palestinian conferences and events, specifically mentioning the Palestine Solidarity Movement, and argues that this activism has included "even the incorporation of anti-Israel themes in college classrooms. Subsequent clauses seek to build the case that this sort of activism is tantamount to "harassment [of students] based on their ethnic and religious characteristics" and a violation of law. The final "resolved" clause would have Congress calling on "schools and universities throughout the United States to take every available action to combat anti- Semitism and other religious and ethnic discrimination on their campuses and property."


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III. SENATORS ON THE RECORD
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On May 10th the Senate took up HR 1268, the current supplemental aid package (discussed in section I, above). During the debate three Senators raised the issue of the aid to the Palestinians.

Sen. Lamar Alexander (R-TN)
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"...Mr. President, if I may take 2 more minutes, I would like to express my disappointment with one other provision. This conference report says we do not trust President Bush in dealing with the Palestinian Territory. Here we are, a Republican Congress, at least by a majority, with a Republican President who is leading a lot of the world to freedom, who is just returning from a triumphant visit to Georgia--a great beacon--who has taken the courageous step of trying to help solve the Middle East problems, and we are saying: Mr. President, we are going to appropriate money to help with the emerging democracy in the Palestinian Territory, but we do not trust you to spend the money.

"That is what this provision does. The Senate did not vote that way. The Senate voted another way. The Senate voted to give the President the right to waive the authority, giving the President the right to decide, in effect, who got the money. The reason I think the provision makes so little sense is because we are going to turn around and say in a few weeks, as the Israelis pull out of the Gaza Strip, Who is responsible for security there? We are going to expect the Palestinian Authority to be responsible for security there. Who is responsible for feeding some of the poorest people in the world? We are going to expect the Palestinian Authority to be responsible for that.

"If we are going to hold the Palestinian Authority responsible, the President might want to give them the money. Arafat is dead. There is a new finance minister there who has impressed all of us on a bipartisan basis. He was born in Palestine, lived here, and got his degree at the University of Texas. He is doing things in a way that is open. He has earned the confidence of people all over the Middle East. He is taking control of the money. And if he stopped doing that, the President could stop giving him the money. But why in the world would the Congress show such a lack of respect to the President of the United States, in the middle of a peace process, by saying: 'No, Mr. President, we do not trust you to make a decision about what to do with the money that we appropriate for the Palestinian Authority or to help the Palestinian Territory emerge as a democracy'?

"So I am very disappointed by that as well. And there is other money that has been authorized this year that does give the President that authority. I hope in future conferences and in future debates and discussions we recognize that Arafat is dead, there is hopefully a democracy emerging, and there is a finance minister there who is making public accounting of all the money. He is direct depositing money for the troops. He is publicly advertising it through bids. He has impressed his neighbors, and he has impressed all of us who have visited with him on a bipartisan basis. I hope we keep that in mind as we consider this issue."


Sen. Feinstein (D-CA)
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"...I want to briefly highlight one last issue that is important to me, and I believe to the prospects for peace in the Middle East. This conference report includes a provision that I offered to provide legal authority for a Federal agency, the Overseas Private Investment Corporation, OPIC, to receive $10 million to help bolster economic and infrastructure development in the Gaza Strip. OPIC is combining forces with private organizations to build a $250 million loan fund that would be aimed at microfinance, small business, corporate and mortgage lending to deserving businesses, firms and entities in the Gaza Strip and West Bank.

"A meeting is being held this coming week in London among the various loan fund participants to continue sorting out appropriate financial and legal mechanisms for distributing these funds. As the group moves forward, this $10 million subsidy will play a crucial role in extending OPIC political risk guarantees for loans to deserving Palestinian business recipients and I was pleased to assist in this process. On a larger scale, as we begin the process of Gaza disengagement, we need to help provide the Palestinians with real economic hope--not continued frustration about the lack of jobs and exports.

"The lack of agreed mechanisms to coordinate disengagement, developing an agreed concept on how Palestinian security forces will take over areas evacuated by Israeli defense forces, and permitting greater freedom of movement, between Gaza and the West Bank, to assist with rehabilitation efforts are just a few areas of concern. I hope the $150 million provided by this conference report will contribute to framing key security and economic arrangements that allow Gaza disengagement to occur peacefully and not violently."


Sen. Thomas Carper (D-DE)
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"...The last thing I want to mention deals with Israel and the peace process there. I returned from that part of the world about 5 weeks ago, convinced there is an opening, a possibility, however difficult to achieve, that Israelis and Palestinians may find common ground; that the Palestinians finally have a chance to end up with a homeland of their own and to live side by side in a separate state, in a geographical area with the Israelis, who would have peaceful and secure borders and reasonable economic and diplomatic relations with their Arab neighbors.

"I came back and called Secretary Rice and said, we ought to be putting as much energy and time and attention into trying to forge a final compromise, a final peaceful resolution, in Israel. To the extent we can do that between the Palestinians and the Israelis, we would probably do more to reduce the ability of terrorists to raise money, to reduce the ability of terrorists to recruit new terrorists, to reduce their ability to convince people in some kind of unholy jihad to go out and blow themselves up and kill a lot of innocent people.

"If the United States can somehow emerge from a peace process in the Middle East and Israel and be seen as the honest broker in helping the Israelis and the Palestinians get to a fair and peaceful permanent resolution, we would do more to set back the terrorists and end the war on terrorism, to make us safer in this country, to make people safer in Israel, in Palestinian-controlled areas, to make people safer in Iraq and Afghanistan as well.

"...There are some who will quarrel with whether the money should have gone directly to the Palestinian Authority or whether it is more appropriate to go through other organizations that we call NGOs. I am not going to get into that argument. I say to my friend from Mississippi, we may have a chance later on--maybe in the Foreign Affairs appropriations bill or the foreign operations bill--to come back and revisit this issue and decide whether, given the reforms that are being made in the Palestinian Authority through reduced corruption, to tamp down on terrorism within organizations such as Hamas, we may have the opportunity to come back and decide whether to allocate some additional money later this year to strengthen the position of President Abbas and to reward positive behavior on his behalf and that of other Palestinians."


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IV. KOLBE ON PAL AID
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On May 11th House ForOps chairman Jim Kolbe (R-AZ) entered a statement into the record entitled "Correcting Mischaracterizations in Press Regarding Assistance for Palestinians." The statement, which emphasizes Congressional support for President Abbas, is inconsistent with the actions Congress took in this matter.

For instance, in his first point, Chairman Kolbe argues that the President never asked for direct aid to the PA. However, it is well-known (at least on the Hill) that the Administration requested that the $200 million for the Palestinians be provided "notwithstanding any other provision of law" - i.e., with none of the existing conditions and restrictions on aid to the Palestinians to apply. While it is true that the Administration provided a memo sketching out ideas of how the aid was to be used, the clear intent was that the Administration retrain maximum flexibility in the matter.

As Acting Assistant Secretary of State Satterfield told the House International Relations Committee on March 9th: "...I would draw the example of Iraqi assistance, where we had needed to move on the ground very rapidly to shift priorities to change somewhat dramatically the direction of assistance. We've done this in coordination with the Hill. With the Palestinian account, developments on the ground may well require a reconsideration of how best to administer those funds, how best to provide them, and for what projects to provide them. We would want to be able to have the flexibility to do so, including out of the supplemental request, should the president so desire, in consultation with the Hill."

Moreover, in his second point Chairman Kolbe argues that Congress has not sent the Palestinians a message of "no confidence" in the PA, but that the final bill makes clear that "these funds are provided with the same terms and conditions that have applied to Palestinian assistance in years past," including the national security waiver that would allow the President to provide aid directly to the PA.

This argument glosses over a couple of key facts. First, while the bill does state that the same terms and conditions apply as in the past, this is IN ADDITION to new terms and conditions that were never applied in the past, including an additional audit (paid for out of the aid itself), a wide- ranging report on the Palestinian Authority, earmarks for every dollar of the aid, and extremely strong language making it clear that the intent of Congress is that the Presidential national security waiver NOT be used.

Second, regarding this waiver, Chairman Kolbe notes that under these terms and conditions the President "may provide direct payments to the Palestinian Authority." This is technically true, but Congress has made its intent in this matter that the waiver shall NOT be used clear. The House bill language explicitly barred the President from using the waiver (a position personally defended in the House mark-up by Chairman Kolbe) and repeated this ban in the report language. The Senate echoed this sentiment in its own report language. And the Conference report reiterated the sentiment in the managers' statement that accompanied the bill (for text of the measure see the May 6th edition of the Round-Up).


Chairman Kolbe's statement
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Correcting Mischaracterizations in Press Regarding Assistance for Palestinians -- Extensions of Remarks - May 11, 2005

"Mr. Speaker, I rise to correct mischaracterizations in the press regarding assistance for the Palestinians included in the fiscal year 2005 Emergency Supplemental that passed Congress on May 10. As my colleagues are aware, the conference agreement includes $200 million in assistance for the Palestinian people. Contrary to statements of others, this is the amount requested by the President.

"- Several recent articles and editorials have inaccurately portrayed the way in which Congress provided this funding. The inaccuracies contained in these articles do not reflect the intent of the Administration or Congress and threaten to undermine the good work of the United States in supporting a lasting peace in the Middle East. These inaccuracies must be corrected.

"- First, the President did not request the $200 million as a direct payment to the Palestinian Authority. As Administration officials have repeatedly stated publicly and in communications with Congress, this funding was requested predominantly for projects that benefit the Palestinian people. For instance, Secretary Rice on February 16 testified before the Foreign Operations Appropriations Subcommittee and on February 17 before the House International Relations Committee that most of these funds would be used for projects, not direct payments to the Palestinian Authority. In fact, the supplemental conference agreement includes a chart highlighting how assistance should be provided on a project-by-project basis. This chart directly tracks the justification material provided by the Administration to support its supplemental request and establishes a mechanism for proper Congressional oversight and intent.

"- Second, it is simply incorrect to call an additional $200 million of U.S. taxpayer assistance a ``no-confidence vote'' for Mr. Abbas. There is widespread Congressional support and confidence in Mr. Abbas which is reflected by the $200 million provided in the supplemental and the $75 million provided in the fiscal year 2005 appropriations bill. This constitutes a nearly three-fold increase in U.S. assistance to the Palestinian people in just six months. As the final bill makes clear, these funds are provided with the same terms and conditions that have applied to Palestinian assistance in years past. Under these terms, the President may provide direct payments to the Palestinian Authority only if he certifies to Congress that such assistance is important to our country's national security interests.

"- Finally, the final bill requires that $50 million of the assistance should be provided to Israel to improve the movement of people and goods to benefit the Palestinian people. A stable Palestinian state must be built on economic development, and economic development must be built upon a smooth flow of goods and people to and from the Palestinian territories and Israel. The Congress also made it clear that infrastructure will have to be developed in both the Palestinian and Israeli territories.

"- Mr. Speaker, it concerns me that editorial boards of certain newspapers would make such strong statements about out lack of support for the Palestinian people based on inaccurate information. These issues are too delicate and too important to be damaged by careless journalism."


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V. FRIST ON THE RECORD
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On May 10th Senate Majority leader Bill Frist (R-TN) spoke on the record regarding his recent trip to Israel. On May 11th he spoke on the record regarding his recent visit to the West Bank. On May 12th he spoke about his trip to Egypt. Excerpts from all these statements are copied below (for the full text of the first two, go to Israel Visit and West Bank Visit)

"...A lot of attention was placed on the withdrawal out of the Gaza Strip wherever we moved throughout the Middle East. I believe the Prime Minister's Gaza disengagement plan is a bold step. It is a historic step.

"The success of his plan, however, will ultimately depend on the Palestinians' ability to stop terrorist acts, to strengthen democratic institutions, to provide security and to deliver tangible benefits to the Palestinian people.

"...The withdrawal plan is understandably controversial and difficult for many families living in the Gaza Strip. I also believe withdrawal is a crucial step toward securing a lasting peace in that part of the world.

"...Right now, there is an opening for huge progress. Both sides have the opportunity to build the trust that will be necessary for negotiations on what we all know will be the most controversial issues. Both sides have to fulfill their obligations. To begin, Palestinians must dismantle the terrorist groups and stop all terrorist attacks against Israel. For the Israelis, it is critical to halt settlement activity and expansion. Much more will need to be done as we move along the roadmap.

"...Ultimately, it is up to the Israelis and the Palestinians to meet face to face and make the difficult decisions that will lead to peace. My meetings with Israel's leaders reinforce my belief they are willing to take the difficult steps. I will continue to do what I can to support them in their efforts."

May 11th (West Bank):

"...Following my meetings in Jerusalem, we made our way to Ramallah in the West Bank to meet with the leadership of the Palestinian Authority. As we drove toward the city, we could see from our windows that everyday life for Palestinians in the West Bank is, indeed, a struggle. We had to pass through multiple checkpoints, predominantly through the security barrier, the so-called fence, much of which is newly constructed. As I learned on my visit to the Middle East, the fence has been, in truth, very successful in preventing terrorist attacks, although it was quite remarkable that you had to stop and be checked out before passing this fence, which sometimes you had to cross multiple times.

"We could also see the toll the Intifada has taken on the lives of the Palestinian people. Streets were pockmarked, buildings were run down, and a pall hung over the landscape itself. It is clear the Palestinians need one thing; that is, hope-- hope for the future, hope for a better life, hope for a more secure life.

"...This view was reinforced during my meeting with Palestinian Finance Minister Salam Fayyad. I learned from him that the unemployment rate in the West Bank is officially 27 percent, but it far exceeds that number. The people are suffering. That is why I strongly support President Bush's efforts to increase assistance to the Palestinian people.

"...We discussed Israel's withdrawal from the Gaza Strip. I believe that is a courageous decision on the part of the Israelis. President Abbas expressed his concern over unilateral Israeli measures, stressing that progress toward peace should be made through dialog, bringing people together through negotiation and through coordination. To that end, President Abbas expressed his commitment to dismantling the terrorist organizations and preventing terrorist attacks against Israel. This came up again and again. He conveyed to me his firm belief that nonviolence is the path to a Palestinian State.

"In our discussions it was evident that President Abbas is a serious leader, an elected leader, but also a leader who is in a very difficult situation. His election victory gave him a strong mandate to depart from his predecessor's legacy, Arafat's legacy, of violence and terrorism. But he must also compete for that popular support with violent factions such as Hamas that continue to reject peace with Israel, and at the same time they garner support among the people by providing social services to the people.

"...My experience in the West Bank in my meetings with the various leaders of the Palestinian Authority bolstered my belief that President Abbas is a genuine partner for peace in the Middle East. I also witnessed firsthand how the conflict has deeply affected the daily lives and routines of many Palestinians. I take this opportunity to urge my colleagues to support President Abbas in his efforts to improve the lives of the Palestinian people and make their governing institutions more accountable and responsible to all. I am hopeful his nonviolent approach to relations with Israel will eventually lead to a viable, independent Palestinian State that is able to live side by side with Israel in peace and security for both."

May 12th (Egypt):

"...President Mubarak expressed his strong belief in American leadership in the issues surrounding the Israeli-Palestinian peace efforts. We both agreed America is uniquely positioned to help both the Israelis and the Palestinians bridge their differences. We also agreed Egypt is critical to advancing this peace. As the regional Arab power broker and the first Arab country to make peace with Israel, this will be particularly true in the period following Israel's disengagement from Gaza.

"There is great concern among Israelis that once they withdraw, Gaza will be used as a platform to launch attacks into Israel. President Mubarak stressed to me his commitment to keep this from happening. He stressed it is in Egypt's own interest to prevent Gaza from descending into chaos and lawlessness. That is why his country is prepared to field a border security force of 750 guards to stop weapons smuggling into Gaza and to prevent other criminal acts.

"We also discussed the upcoming Egyptian Presidential elections. President Mubarak has asked his legislature for a change in the Constitution to allow multiple candidates to run for the Presidency. This is an important step toward full democracy. I applaud his efforts. I am disappointed, however, by reports that the Constitutional amendment just approved by Egypt's upper house requires Presidential candidates to meet certain conditions to win a place on the ballot. It is widely believed these regulations will prevent any serious contenders from running for President...

"...All in all, I came away from my stop in Egypt convinced that this historic country has the potential to set a positive example for the rest of the Middle East, and it is doing so. Egypt has been a trusted partner in the Middle East peace process and an important ally in the war on terrorism. The United States must continue to promote democracy and freedom around the world. As Egypt embraces these reforms, I am confident our two countries can form a stronger and more dependable relationship. I am confident that together we can achieve peace, security, and prosperity for the people of the Middle East."


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VI.RECONCILATION EVENT ON THE HILL
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Hope from Loss: Two Women Work for Reconciliation between Israelis and Palestinians May 17th, 5-6pm 1539 Longworth House Office Building (open to the public)

On May 17th Reps. Farr (D-CA), Knollenberg (R-MI), and Capps (D-CA) are cosponsoring with the Fellowship of Reconciliation and the Resource Center for Non-Violence a public dialogue "on grassroots Middle East reconciliation efforts." As noted in the Dear Colleague announcing the briefing, "At a time when extremist opinions of the conflict in Israel/Palestine are often heard, two women - one Israeli and one Palestinian - are working together to make their moderate voices heard. Both have lost family members to the conflict, yet both are determined to serve as living examples of reconciliation and share their hope for a peaceful future."

The event will feature Robi Damelin - an Israeli woman from Tel Aviv whose youngest son, David, 28, was killed by a Palestinian sniper three years ago in the West Bank, and Nadwa Saranda, a Palestinian woman from East Jerusalem whose sister Naila, was stabbed to death by a Jewish settler on the streets of East Jerusalem.


For more information contact APN Government Relations Director Lara Friedman at 202/728-1893, or at LFapn@earthlink.net.