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APN Legislative Round-Up for the Week Ending December 11, 2009

1.  Bills and Resolutions 
2.  FY10 ForOps Passes 
3.  IranIran, and more Iran 
4.  Two House Letters on Gaza Situation 

(Note:  See APN's special 12/11/09 analysis - The Settlements Moratorium: An Early Accounting)
 
1.  BILLS AND RESOLUTIONS
 
(Middle East media) HR 2278:  Introduced 5/6/2009 by Rep. Bilirakis (R-FL) and 2 cosponsors. "To direct the President to transmit to Congress a report on anti-American incitement to violence in the Middle East, and for other purposes."  12/8/2009, the House voted to suspend the rules and passed HR 2278 by a vote of 395-3, with 9 voting present and 27 not voting.
 
(Foreign Ops Appropriations) HR 3288:  Introduced 7/22/2009 by Rep Olver (D-MA) and no cosponsors. "Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes."  This bill has now become the FY10 Consolidated Appropriations Act, which includes FY10 Foreign Ops Appropriations. On 12/8/2009, the House-Senate conference report was filed; on 12/10/2009 the conference report was agreed to in the House by a vote of 221-202, with 1 voting present and 10 not voting. See section 2 below for Middle East-related provisions in the bill.
 
2.  FY10 ForOps Passes
 
On 12/10/09 the House passed the House-Senate conference report of HR 3288, the FY10 Consolidated Appropriations Act, which included the FY09 State and Foreign Operations Appropriations bill.  The Senate is expected to pass the bill quickly.   Middle East provisions in the House version of that bill were detailed in the 6/26/09 edition of the Round-Up; Middle East provisions of the Senate version were detailed in the 7/17/09 edition. 
 
TITLE I - DEPARTMENT OF STATE AND RELATED AGENCY
 
INTERNATIONAL BROADCASTING OPERATIONS
 
Bill Text:  "not later than 45 days after enactment of this Act, the BBG shall report to the Committees on Appropriations that all BBG language services and grantees, including the broadcasters to the Middle East, Afghanistan, and Pakistan, have processes and policies, including appropriate management and editorial controls, to require that programming abide by the standards and principles set forth in the United States International Broadcasting Act of 1994 (22 V.S.C. 6202(a) and (b)) and the relevant journalistic code of ethics and not provide an open platform for terrorists or those who support terrorists..."
 
Joint Explanatory Statement (JES):  "The conference agreement includes increased funding to support transmission and Internet enhancements to reach audiences in Iran, Pakistan, and Afghanistan..."  The statement also notes that:  "The conferees concur with the program emphases placed in the House and Senate Reports on Radio Farda, including transmission and internet enhancements to reach audiences in Iran..."  The accompanying funding table lists a committee recommendation of $112,601,000 for Middle East Broadcasting Networks, $976,000 less than the President's request.
 
RELATED PROGRAMS
 
Center for Middle Eastern-western Dialogue Trust Fund
 
Bill text:  "For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, the total amount of the interest and earnings accruing to such Fund on or before September 30, 2010, to remain available until expended."
 
JES: "The conference agreement provides $875,000 the Center for Middle Eastern-Western Dialogue Trust Fund, which is the same as the House and Senate."
 
Israeli Arab Scholarship Program
 
Bill text: "For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30,2010, to remain available until expended."
 
JES:  "The conference agreement provides $375,000 for the Israeli Arab Scholarship Program, which is the same as the House and Senate."
 
TITLE II - UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
 
DEVELOPMENT ASSISTANCE
 
JES:  "The conference agreement provides $35,000,000 for assistance for Yemen."
 
TITLE III - BILATERAL ECONOMIC ASSISTANCE
 
Bill Text:
 
Egypt:  "of the funds appropriated under this heading, $250,000,000 shall be avail1able only for assistance for Egypt, which sum shall be provided on a grant basis, and of which sum cash transfer assistance shall be provided with the understanding that Egypt will undertake significant economic and democratic reforms which are additional to those which were under taken in previous fiscal years: Provided further, That of the funds appropriated under this heading for assistance for Egypt, not less than $25,000,000 shall be made available for democracy, human rights and governance programs, and not less than $35,000,000 shall be made available for education programs, of which not less than $10,000,000 is for scholarships for Egyptian students with high financial need..."
 
Lebanon:  "$12,000,000 of the funds made available for assistance for Lebanon under this heading shall be made available for educational scholarships for students in Lebanon with high financial need:.."
 
Jordan:  "of the funds appropriated under this heading, not less than $363,000,000 shall be made available only for assistance for Jordan..."
 
West Bank & Gaza:  "of the funds appropriated under this heading not more than $400,400,000 may be made available for assistance for the West Bank and Gaza, of which not to exceed $2,000,000 may be used for administrative expenses of the United States Agency for International Development (USAID), in addition to funds otherwise available for such purposes...That not more than $150,000,000 of the funds provided for the West Bank and Gaza shall be for cash transfer assistance..."
 
Joint Explanatory Statement:
 
The ESF table included in JES lays out recommended ESF allocations for the Near East as follows:
 
Egypt:  $250 million, of which the table stipulates - $25 million is for Democracy; $25 million is for Education, of which $10 million is for scholarships
Iraq: $82.5 million, of which the table stipulates - $5 million is for the Marla Ruzicka Fund; $50 million is for Civilian Assistance Program; $126 million for Democracy and Civil Society, of which $10 million is for Iraqi Women's Democracy
Jordan: $363 million
Lebanon: $109 million, of which the table stipulates - $12.2 million is for Scholarships; $500,000 is for Forestry Conservation
Morocco: $3 million
Near East Regional Democracy: $40 million
Tunisia: $2 million
West Bank & Gaza: $400.4 million
Yemen: $10 million
Middle East Partnership Initiative (MEPI): $65 million, of which the table stipulates $10 million is for scholarships
MERC: $5 million
TSTCP: $6 million (Trans-Sahara Counter-terrorism Partnership)
Reconciliation Programs: $16 millions
 
The JES also includes the following narrative on the ESF funding for the Near East:
 
Egypt:  "The conferees direct that within the amount provided for project assistance for Egypt, not less than $25,000,000 shall be made available for democracy, governance, and human rights programs and not less than $35 million shall be made available for education programs, of which $10 million is for scholarships for Egyptian students with high financial need, including at American educational institutions and other institutions that promote tolerance, gender and social equality, and critical thinking.   The requirements of section 7034(m)(4) of this Act shall apply with respect to the provision of assistance to Egyptian NGOs.  The conferees provide authority under section 7042(a)(2) of this Act to use funds under this heading to establish an endowment to further the mutual interests of the United States and Egypt.
 
Iraq:  "The conferees endorse the budget request of $10,000,000 for the Iraqi women's democracy initiative, including for efforts to build professional networks between female business, government, and civil society leaders in Iraq with counterparts in countries in the region.  The conference agreement provides that not less than $5,000,000 should be made available for the Marla Ruzicka Iraqi War Victims Fund.  The conferees direct USAID to work with the government of Iraq and Iraqi NGOs to develop a plan for ongoing Iraqi management and financial support of this program to assist innocent Iraqi victims of conflict after United States forces withdraw.  A portion of these funds maybe used for the development and preparatory steps to implement such plan.  The conference agreement continues prior year limitations on the use of funds in Iraq, including for permanent basing rights agreements between the United States and Iraq."
 
Iraq (cont):  "The conference agreement provides $50,000,000 for USAID's Ministerial Capacity Development program, and the conferees believe that the Government of Iraq should assume full responsibility for support for such training and development programs in the future. The conferees direct that up to $10,000,000 of funds made available under this heading should be made available to continue programs and activities to assist minority populations in Iraq, including religious groups in the Nineveh Plains region. The Secretary of State shall submit a report to the Committees on Appropriations not later than 90 days after enactment of this Act detailing the unique needs of minority populations in Iraq, including security requirements, organizations that have received funding from the Department of State and USAID for programs to assist such populations, and the total amount of funds provided for such purposes. The conferees request the Department of State and USAID to consult jointly with the Committees on Appropriations on the decision-making processes utilized in comparing and assessing the benefits of programs conducted in Iraq with the security costs associated with such programs."
 
Lebanon: "The conference agreement provides $12,000,000 for scholarships for students in Lebanon with high financial need, including at American educational institutions and other institutions that promote tolerance, gender and social equality, and critical thinking. The conference agreement does not include language concerning the United States Forest Service (USFS). However, the conferees direct that not less than $500,000 shall be made available to the USFS for forest and wildlife conservation programs in Lebanon, as proposed in the Senate Report."
 
Tunisia:  "The conference agreement provides $2,000,000 for assistance for Tunisia for programs and activities in southern Tunisia and to promote respect for human rights, as proposed by the Senate."
 
West Bank and Gaza:  "The conference agreement directs that up to $2,000,000 of the funds provided under this heading be used to augment funding for administrative expenses of USAID to facilitate program administration, as proposed by the House and Senate. The conference agreement further provides that not more than $150,000,000 may be used for cash transfer assistance, as requested and proposed by the House. The conferees endorse the reporting requirement related to efforts to expand educational and exchange opportunities for Palestinian students, as proposed by the House, including for students from Gaza.  The conferees direct the Secretary of State to provide a report to the Committees on Appropriations not later than 180 days after enactment of this Act on international participation, including by Arab states, in the economic development of the West Bank and support for the Palestinian Authority, similar to that proposed by the House. This report may be submitted in classified form, if necessary. The conferees note that funding directives for reconciliation programs and for other programs in the West Bank and Gaza specifically noted in the conference agreement shall not be considered as part of the funding ceiling established under this heading. The conference agreement continues prior year restrictions and limitations on assistance for the West Bank and Gaza, as contained in the Omnibus Appropriations Act, 2009 (Public Law 111-8) and the Supplemental Appropriations Act, 2009 (Public Law 111-32)."
 
Yemen. "The conference agreement provides $5,000,000 for assistance for Yemen. The conferees remain concerned with the stability of Yemen and these funds are provided to bolster assistance programs in this fragile country, including for democracy and governance, health, education, and economic development activities. The conferees expect the Department of State and USAID to consult with the Committees on Appropriations on the uses of assistance in this Act for Yemen."
 
Internet Access and Freedom:  "The conference agreement provides a total of $30,000,000 for programs and activities to expand unmonitored, uncensored access to the Internet for large numbers of users living in closed societies that have acutely hostile Internet environments, including in the People's Republic of China and Iran. Of this amount, $20,000,000 shall be made available under this heading, of which $10,000,000 shall be derived from the Near East Regional Democracy program. An additional $10,000,000 shall be made available under the Democracy Fund (DF) heading. The Department of State shall consult on the uses of these funds, which are to be awarded in full and open competition according to all applicable rules and regulations."
 
Middle East Partnership Initiative:  "The conferees direct the Secretary of State to report to the Committees on Appropriations on coordination with other agencies funding programs similar to those supported by MEPI, as proposed by the Senate."
 
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
 
JES:  The funding table included in the JES lays out conference agreement funding levels for INCLE funding in the Near East as follows:
 
Egypt: $1 million
Jordan: $1.5 million
Lebanon: $20 million
West Bank/Gaza: $100 million
 
MIGRATION AND REFUGEE ASSISTANCE
 
Bill text:  "...$25,000,000 shall be made available for refugees resettling in Israel."
 
JES:  "The conference agreement does not include language concerning refugees resettling in Israel, as proposed by the Senate. However, the conferees note that according to the Department of State, no funds in this Act are used to assist refugees who reside in any Israeli settlement or outpost in the West Bank."  The JES goes on to explain:  "The conferees recognize the work of the United Nations Relief and Works Agency (UNRWA) in assisting Palestinians and promoting tolerance in the West Bank and Gaza, including through education, sports, and other programs for Palestinian youth. The conference agreement includes language in section 7042(£)(3) applying the reporting requirements contained under this heading in the joint explanatory statement accompanying the Supplemental Appropriations Act, 2009 (Public Law 111-32) regarding UNRWA to funds made available under this heading for fiscal year 2010. The House bill included a similar requirement in section 7086."
 
Nonproliferation, Anti-Terrorism, Demining and Related Programs (NADR)
 
Bill text:  "funds appropriated under this heading may be made available for the IAEA unless the Secretary of State determines that Israel is being denied its right to participate in the activities of that Agency..."
 
PEACEKEEPING OPERATIONS
 
Bill text:  "of the funds appropriated under this heading, not less than $26,000,000 shall be made available for a United States contribution to the Multinational Force and Observers mission in the Sinai..."
 
JES:  The funding table included in the JES lays out conference agreement funding levels for PKO, including $26 million for the Multinational Force and Observers (MFO - Sinai)
 
INTERATIONAL MILITARY EDUCATION AND TRAINING (IMET)
 
JES:  "The conferees direct that of the funds appropriated under this heading, $5,000,000 shall be made available for assistance for Pakistan; $5,000,000 for assistance for Turkey; $400,000 for assistance for Vietnam; and $1,900,000 for assistance for Egypt..."
 
TITLE IV - INTERNATIONAL SECURITY ASSISTANCE
 
FOREIGN MILITARY FINANCING PROGRAM
 
Bill language on FMF:
 
Israel: "of the funds appropriated under this heading, not less than $2,220,000,000 shall be available for grants only for Israel...That the funds appropriated under this heading for assistance for Israel shall be disbursed within 30 days of the enactment of this Act...That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel under this heading shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which not less than $583,860,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development..."
 
Egypt:  "not less than $1,040,000,000 shall be made available for grants only for Egypt, including for border security programs and activities in the Sinai...That funds appropriated under this heading estimated to be outlayed for Egypt during fiscal year 2010 shall be transferred to an interest bearing account for Egypt in the Federal Reserve Bank of New York within 30 days of enactment of this Act..."
 
Jordan:  "That of the funds appropriated under this heading, $150,000,000 shall be made available for assistance for Jordan..."
 
JES language on FMF:
 
Egypt:  "The conference agreement provides not less than $1,040,000,000 for assistance for Egypt, which shall be transferred within 30 days of enactment ofthis Act to an interest bearing account in the Federal Reserve Bank in New York, as proposed by the House and Senate. The conferees note that these funds are in addition to $260,000,000 provided in the Supplemental Appropriations Act, 2009 (Public Law 111-32) for fiscal year 2010, for a combined total of $1,300,000,000, which is the same as the budget request."
 
Iraq:  "The conferees remain concerned with the political situation in Iraq and the ramifications of increased instability on the security requirements of neighboring allies. While the conference agreement does not include language proposed by the Senate providing for a reprogramming of funds under this heading to address urgent border security requirements arising from a significant increase in instability in Iraq for such countries, the conferees direct the Secretary of State to consult with the Committees on Appropriations within 90 days of enactment of this Act on plans to bolster security requirements in neighboring allied countries in the event of such a scenario."
 
Israel:  "The conference agreement provides not less than $2,220,000,000 for grants for Israel which shall be disbursed within 30 days of enactment of this Act and of which $583,860,000 is available for offshore procurement, as proposed by the House and Senate. The conferees note that these funds are in addition to $555,000,000 provided in the Supplemental Appropriations Act, 2009 (Public Law 111-32) for fiscal year 2010, for a combined total of $2,775,000,000 in fiscal year 2010, which is the same as the budget request."
 
Jordan:  "The conference agreement provides $150,000,000 for assistance for Jordan, as proposed by the House and Senate. The conferees note that these funds are in addition to the $150,000,000 provided in the Supplemental Appropriations Act, 2009 (Public Law 111-32), for a combined total of $300,000,000 in fiscal year 2010, which is the same as the budget request."
 
Vetting:  "The conferees endorse the reporting requirement on embassy personnel conducting human rights vetting, as proposed in the Senate Report."
 
The funding table included in the JES lays out conference agreement funding levels for FMF funding in the Near East as follows:
 
Bahrain: $19 million
Egypt: $1.040 billion
Israel: $2.22 billion
Jordan: $150 million
Lebanon $100 million
Tunisia  $18 million
Yemen  $12.5 million
 
TITLE VII - General Provisions
 
- Sec. 7007: Prohibition against Direct Funding for Certain Countries
Perennial bill language banning aid to Cuba, North Korea, Iran, and Syria, extending to loans, credits, insurance, and guarantees of the Export-Import Bank or its agents.
 
- Sec. 7013:  Prohibition on Taxation of United States Assistance
Perennial bill language barring 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 the 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.
 
- Sec. 7015: Reprogramming Notification Requirements
Bill language stating that "None of the funds appropriated under titles III through VI of this Act shall be obligated or expended for assistance for Serbia, Sudan, Zimbabwe, Pakistan, Dominican Republic, .Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Colombia, Mexico, Kazakhstan, Somalia, Sri Lanka, or Cambodia and countries listed in section 7045(c)(2) and (f)(2) of this Act except as provided through the regular notification procedures of the Committees on Appropriations."
 
- Sec. 7034 special authorities (Bill text) 
Bill language clarifying appropriators' intent in a number of areas, including:
    (i) Middle East Foundation:  "Funds appropriated by this Act and prior Acts for a Middle East Foundation shall be subject to the regular notification procedures of the Committees on Appropriations."
   (m) Democracy Promotion: "(1) Funds made available by this Act that are made available for the promotion of democracy may be made available notwithstanding any other provision of law, and with regard to the National Endowment for Democracy, any regulation. (2) For the purposes of funds appropriated by this Act, the term "promotion of democracy" means programs that support good governance, human rights, independent media, and the rule of law, and otherwise strengthen the capacity of democratic political parties, governments, nongovernmental organizations and institutions, and citizens to support the development of democratic states, institutions, and practices that are responsive and accountable to citizens. (3) Any contract, grant, or cooperative agreement (or any amendment to any contract, grant or cooperative agreement) in excess of $1,000,000 of funds under the heading "Democracy Fund", and in excess of $2,500,000 under other headings in this Act for the promotion of democracy, with the exception of programs and activities of the National Endowment for Democracy, shall be subject to the regular notification procedures of the Committees on Appropriations. (4) With respect to the provision of assistance for democracy, human rights and governance activities in this Act, the organizations implementing such assistance and the specific nature of that assistance shall not be subject to the prior approval by the government of any foreign country [aimed mainly at Egypt]. (5) Of the funds appropriated under title III of this Act that are made available for the promotion of democracy, not less than $30,000,000 shall be made available to expand access to information and communications through the Internet, and shall be used for programs that provide unmonitored and uncensored access to the Internet for large numbers of users living in closed societies that have acutely hostile Internet environments."
  (o) Partner Vetting:  "None of the funds appropriated by this Act or any prior Act may be used by the Secretary of State or the Administrator of the United States Agency for International Development (USAID) to implement a Partner Vetting System (PVS): Provided, That notwithstanding the previous sentence, funds appropriated by this Act may be used to implement a PVS pilot program, including necessary rulemaking: Provided further, That any such PVS pilot program shall apply equally to the programs and activities of the Department of State and USAID: Provided further, That the Secretary of State and the USAID Administrator shall jointly consult with the Committees on Appropriations not later than 90 days after enactment of this Act and prior to the implementation of such a PVS pilot program, and such funds shall be subject to the regular notification procedures of the Committees on Appropriations.. [Possible linkage to West Bank/Gaza program, given intense focus on vetting with respect to that aid]
 
- Sec. 7035: Arab Boycott
Perennial bill language expressing the Sense of the Congress opposing the Arab League Boycott of Israel, and articulating what Arab League states and the U.S. should be doing to end the boycott.
 
- Sec. 7036: Palestinian Statehood
Perennial bill 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. 7037: Restrictions Concerning the Palestinian Authority
Perennial bill language stipulating that no funds appropriated in this Act may be used to create any new U.S. government office in Jerusalem to conduct business with the Palestinian Authority or any successor Palestinian governing entity.
 
- Sec. 7038: Prohibition on Assistance to the Palestinian Broadcasting Corporation
Perennial bill language stipulating that no funds appropriated in this Act may be used to assist the Palestinian Broadcasting Corporation [Like many other Palestinian-related provisions, this section has its genesis in Congressional unhappiness with PBC programming from the early days of the Oslo process].
 
- Sec. 7039: Assistance for the West Bank and Gaza
This is the perennial bill language setting out the far-reaching conditions and restrictions on, and vetting, reporting and audit requirements for, the West Bank and Gaza program.
 
- Sec. 7040: Limitation on Assistance to the Palestinian Authority.
This perennial bill language stipulates that no funds appropriated in this Act may be obligated or expending with respect to providing funds to the Palestinian Authority.  The President is granted the authority to waive this restriction for reasons of national security, in which case he and the Secretary of State must provide extensive reporting to Congress.  In addition, the section now includes language laying out requirements for assistance for a Palestinian power-sharing arrangement that includes Hamas, consistent with language passed as part of the FY09 Supplemental. 
 
The JES explains:  "The conference agreement includes a new subsection (f), which is substantively identical to the provision carried in the Supplemental Appropriations Act, 2009 (Public Law 111-32). The new subsection continues to prohibit assistance to Hamas or any entity effectively controlled by Hamas, and further prohibits assistance to any power-sharing government of which Hamas is a member unless such government, including all its ministers or such equivalent, has met certain conditions."
 
- Sec. 7041: Saudi Arabia
This section bars assistance to Saudi Arabia unless the Secretary of State determines that such aid is in the national interest of the United States (the House version of this section provided a much more limited waiver, linked not to US interests but to whether the President could certify that "Saudi Arabia is fully cooperation with efforts to combat international terrorism and such assistance will facilitate these efforts." 
 
The JES explains:  "The conference agreement includes a new provision prohibiting assistance for Saudi Arabia, similar to that proposed by the House. The conference agreement includes a waiver. The Senate did not include similar language."
 
- Sec. 7042: Near East
This is a new section, similar to language in the Senate version of the bill, laying out overall funding for Near East countries.  Notably, the section includes funding for a new US-Egypt endowment.
 
(a) Egypt:  (l) Of the funds appropriated by titles III and IV of this Act, not less than $1,295,200,000 shall be made available for assistance for Egypt. (2) Of the funds appropriated by this Act under the heading "Economic Support Fund" for assistance for Egypt, up to $50,000,000 may be made available for an endowment to further the shared interests of the United States and Egypt, consistent with the purposes and requirements for which such funds are requested in the fiscal year 2010 congressional budget justification materials and appropriated under such heading: Provided, That the Secretary of State shall consult with the Committees on Appropriations on the establishment of such an endowment, and any funds to be used for such an endowment shall be subject to the regular notification procedures of the Committees on Appropriations."
 
(b) Iraq:  "(1) Of the funds appropriated by titles III and IV of this Act, up to $466,800,000 may be made available for assistance for Iraq.(2) The terms and conditions of section 1106(a) and (b) of Public Law 111-32 shall apply to assistance for Iraq in fiscal year 2010. (3) None of the funds made available in this Act may be used by the Government of the United States to enter into a permanent basing rights agreement between the United States and Iraq."
 
(c) Jordan:  "Of the funds appropriated by titles III and IV of this Act, not less than $542,950,000 shall be made available for assistance for Jordan."
 
(d) Lebanon:  "(1) Of the funds appropriated by titles III and IV of this Act, not less than $238,300,000 shall be made available for assistance for Lebanon. (2) Funds appropriated under the heading "Foreign Military Financing Program" in this Act for assistance for Lebanon shall be made available only to professionalize the Lebanese Armed Forces  and to strengthen border security and combat terrorism, including training and equipping the Lebanese Armed Forces to secure Lebanon's borders, interdicting arms shipments, preventing the use of Lebanon as a safe haven for terrorist groups and implementing United Nations Security Council Resolution 1701: Provided, That funds may not be made available for obligation until the Secretary of State provides the Committees on Appropriations a detailed spending plan."
 
(e) Middle East Peace:  "(e) Funds appropriated by this Act should be made available in a manner to further peace in the Middle East between Israelis and Palestinians."
 
(f) West Bank and Gaza: "(1) Of the funds appropriated by titles III and IV of this Act, $502,900,000 shall be made available for assistance for the West Bank and Gaza.  (2) The reporting requirements contained in section 1404 of Public Law 110-242 shall apply to funds made available by this Act, including a description of modifications, if any, to the security strategy of the Palestinian Authority.  (3) The reporting requirements regarding the United Nations Relief and Works Agency contained in the joint explanatory statement accompanying the Supplemental Appropriations Act, 2009 (Public Law 111-32, House Report 111-151) under the heading "Migration and Refugee Assistance" in title XI shall apply to funds made available by this Act under such heading."
 
The JES explains:  "The conference agreement includes a new provision similar to that proposed by the Senate, which provides overall assistance levels in the Act for the countries of Egypt, Iraq, Jordan, and Lebanon. The conferees note that these levels do not include funds that may be derived through regional funding within the individual appropriations accounts. The provision also includes a funding level for the West Bank and Gaza.
 
"The provision includes language, similar to that proposed by the Senate, regarding the establishment of an endowment to further the shared interests of the United States and Egypt, consistent with the purposes for which such funds are requested in the fiscal year 2010 CBJ materials and appropriated under such heading. The House did not include a similar provision. The conferees recognize that discussions and negotiations on such an endowment will take time, and direct the Secretary of State to consult with the Committees on these efforts. Consultation should include explanation of the specific definition of shared interests, and how such interests would be furthered through an endowment. The conferees note that such funds are subject to the regular notification procedures of the Committees on Appropriations.
 
"The provision includes language continuing the transparency and accountability reporting requirements contained in the statement of managers accompanying the Supplemental Appropriations Act, 2009 (Public Law 111-32, House Report 111-151) under the MRA heading. The House had included the reporting requirement as a separate general provision. The Senate bill did not include a similar requirement."
 
Sec.  7043: Iran Sanctions
Bill text:  "(a) USE OF FUNDS.-It is the policy of the United States to seek to prevent Iran from achieving the capability to produce or otherwise manufacture nuclear weapons, including by supporting international diplomatic efforts to halt Iran's uranium enrichment program, and the President should fully implement and enforce the Iran Sanctions Act of 1996, as amended (Public Law 104-172) as a means of encouraging foreign governments to require state-owned and private entities to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran. (b) LIMITATION.- (1) None of the funds made available in title VI of this Act under the heading "Program Account" or "Subsidy Appropriation" may be used by the Export-Import Bank of the United States to authorize any new guarantee, insurance, or extension of credit for any project controlled by an energy producer or refiner that continues to: (A) provide Iran with significant refined petroleum resources; (B) materially contribute to Iran's capability to import refined petroleum resources; or (C) allow Iran to maintain or expand, in any material respect, its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair.  (2) If the Secretary of State determines and reports to the Committees on Appropriations that a country is closely cooperating with efforts of the United States related to Iran, such as through the imposition of sanctions, the Secretary may exempt private entities from such country from the limitation under paragraph (1). (3) The President may waive the limitation under paragraph (1) if the President determines and reports to the Committees on Appropriations that to do so is important to the national security interest of the United States. (c) REPORTS.- (1) The Secretary of State shall submit to the Committees on Appropriations, not later than 90 days after the date of enactment of this Act and the end of each 90-day period thereafter until September 30,2010, a report on the status of the bilateral and multilateral efforts aimed at curtailing the pursuit by Iran of nuclear weapons technology. (2) The Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the Committees on Appropriations, not later than 180 days after the date of enactment of this Act, a report on the status of bilateral United States and multilateral sanctions against Iran and actions taken by the United States and the international community to enforce sanctions against Iran: Provided, That such report may be submitted in classified form if necessary and shall include the following: (A) a list of all current United States bilateral and multilateral sanctions against Iran; (B) a list of all United States and foreign entities that the Secretary of Stale has reason to believe may be in violation of existing United States bilateral and multilateral sanctions; (C) a detailed description of United States efforts to enforce sanctions, including a list of all investigations initiated in the 12 months preceding the date of enactment of this Act that have resulted in a determination that a sanctions violation has occurred, and actions taken by the United States Government pursuant to the determination; (D) any case in which sanctions were waived or otherwise not imposed against an entity which was determined to have engaged in activities for which sanctions should be imposed and the reason why action was not taken to sanction the entity; and (E) a description of United States diplomatic efforts to expand bilateral and multilateral sanctions against Iran and strengthen international efforts to enforce existing sanctions."
 
The JES explains:  "The conference agreement includes a provision similar to that proposed by the House which modifies the reporting requirement in the Omnibus Appropriations Act, 2009 (Public Law 111-8) by adding a statement of policy in subsection (a) and including a limitation in subsection (b). The conferees intend "significant" or "material" to mean aggregate transactions undertaken in a 12-month period valued in excess of $20,000,000. The conferees direct the Departments of State and Treasury to be responsible for determining what entities meet such standard. The conference agreement does not restrict the Export-Import Bank from modifying existing transactions. However, the conferees direct the Export-Import Bank to consult with the Committees on Appropriations prior to the modification or extension of financing to any existing project that would otherwise be prohibited by this section."
 
- Sec. 7052:  United Nations Human Rights Council
This section bars the use of any funds appropriated by this Act for the United States contribution to the UN Human Rights Council unless the Secretary of State certifies that such support to the Council is in the U.S. national interest, or if the U.S. is a member of the Council.  While the section does not mention Israel, Congressional outrage over the UN Human Rights Council has focused on the Council's treatment of Israel
 
The JES explains:  "The conference agreement includes a provision requiring a report on resolutions adopted by the UN Human Rights Council, similar to that proposed by the House. The Senate did not include a similar provision."
 
- Sec. 7056: Landmines and Cluster munitions
A provision in the bill stating that:  "(a) LANDMINES.-Notwithstanding any other provision of law, demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the President may prescribe. (b) CLUSTER MUNITIONS.-No military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless (1) the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments; and (2) the agreement applicable to the assistance, transfer, or sale of such 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."
 
The JES explains:  "The conference agreement includes language aligning the provision with United States Government policy guidance, as proposed by the Senate."
 
- Sec. 7065: reconciliation programs
Bill text stating that "Of the funds appropriated by title III of this Act under the headings "Economic Support Fund" and "Development Assistance", $26,000,000 shall be made available to support people to people reconciliation programs which bring together individuals of different ethnic, religious and political backgrounds from areas of civil strife and war, of which $10,000,000 shall be made available for such programs in the Middle East: Provided, That the Administrator of the United States Agency for International Development shall consult with the Committees on Appropriations, prior to the initial obligation of funds, on the most effective uses of such funds." 
 
The JES explains:  "The conference agreement modifies the prior year funding levels and makes a technical change. Funds provided for these programs shall be awarded in an open and competitive process in accordance with all applicable rules and regulations."
 
- Sec. 7073: independent states of the Former Soviet Union
This provision 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..."
 
- Sec. 7083: commercial leasing of defense articles
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.
 
3.  IRAN, IRAN, and MORE IRAN
 
As noted in last week's edition of the Round-Up, it appears that the House intends to take up the HR 2194 - the Iran Refined Petroleum Sanctions Act (IRPSA) - next week.  As noted last week, APN strongly opposes this legislation. 
 
On 12/8/09, APN sent a message to all House offices explaining its position and urging Members to oppose the bill in its current form.  APN also circulated an easy-to-read table laying out the bill text and the problems with it, alongside suggested changes.  APN also published analysis of the issue.
 
Subsequent to the announcement of planned House action on IRPSA, the Senate got into the game.  Reportedly Senator Kyl (R-AZ) got things going by seeking to move the S. 2799, the Comprehensive Iran Sanctions, Accountability and Divestment Act of 2009, by unanimous consent.  In response, APN sent a message to all Senate offices urging members to oppose passage of the bill (which differs significantly from the House version) in its current form, and providing another easy-to-read table laying out the bill text and the problems with it, alongside suggested changes.   APN also published analysis of the issue (analysis that has been widely cited and linked to in articles reporting on this issue).
 
As of this writing, it is not clear whether the Administration has weighed in seriously with the Senate regarding S. 2799; regardless, the fact is that the Senate has not taken action yet on S. 2799. 
 
As of this writing, it is still expected that the House will take up and pass HR 2194 next week.
 
4.  TWO HOUSE LETTERS ON THE GAZA SITUATION
 
Two very constructive, pro-peace letters are circulating in the House, both of which are strongly supported by Americans for Peace Now.  The first is being circulated by Reps. Jim Moran (D-VA) and Bob Inglis (R-SC), and calls for supporting higher education opportunities for Gazan students in the West Bank - an argument whose timeliness is underscored by the recent Israeli High Court decision regarding the case of Berlanty Azzam - a Gazan student who was expelled recently from the West Bank and will not be allowed to return for even the two months necessary to complete her BA. 
 
The second is being circulated by Reps. Jim McDermott (D-WA) and Ellison (D-MN), looking at the humanitarian situation in the Gaza Strip one year after the start of the Gaza War and calling for urgent efforts to express the dire needs there.
 
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Dear Colleague:
 
Ensuring that students from Gaza have access to higher education promotes U.S. foreign policy interests by investing in the future of the region - those bright, talented young people seeking to better themselves and their society. While the Gaza Strip has limited educational facilities, West Bank universities provide a broader range of degree programs including those in humanitarian fields such as occupational and speech therapy.
 
Unfortunately, Israel's near-total ban on travel from Gaza to the West Bank, even for educational purposes, has meant Gazan students have limited higher education opportunities. We believe that education is vital to prosperity, stability and peace in the region and elsewhere. We ask that you join this bi-partisan letter to Secretary of State Hillary Clinton, urging her to advocate that the Israeli government end the ban on student travel from Gaza to the West Bank, and in its place establish an effective mechanism to evaluate and approve requests from Gaza residents to study in the West Bank in a timely manner.
 
To sign onto this letter, please contact Shai Tamari (Rep. Jim Moran's office) at 6-9572, shai.tamari@mail.house.gov or David Weil (Rep. Bob Inglis' office) at 5-6030, david.weil@mail.house.gov.
 
Sincerely,
 
James P. Moran
Member of Congress
 
Bob Inglis
Member of Congress
 
 
Dear Secretary Clinton:
 
We write to express our concern with Israel's ban on travel between the West Bank and Gaza as it relates to Gazan students who wish to study in the West Bank.
 
Like you, we believe that education is a key to prosperity, stability and peace.  We applaud your efforts to support educational opportunities for Palestinian youth, including your initiative to increase U.S. funding for Palestinian universities and educational programs in Gaza and the West Bank.
 
Unfortunately, Israel's near-total ban on travel from Gaza to the West Bank, even for educational purposes, has meant Gazan students have no access to the many degree programs that are not available in the Gaza Strip, including in humanitarian fields such as occupational and speech therapy.  This leaves only the difficult and expensive option of traveling abroad for study - a path available only to a privileged few. For cultural reasons, it is also not a realistic alternative for most of Gaza's female students, for whom study in the West Bank is the only viable option outside Gaza.
 
As you know, since 2000, Israel has banned Palestinian students from Gaza from studying at West Bank universities.  It has done so despite the recommendation of the Bertini Report, incorporated into the "Road Map," that "Israel should ensure that all children, students and teachers have full access to schools and universities throughout the West Bank and Gaza". In 2007, Israel's High Court of Justice ruled that students from Gaza should be allowed to study in the West Bank because it was "likely to have positive humane implications."  Despite the Court's recommendation that a mechanism be devised to screen individual applicants as exceptions to the overall policy banning study in the West Bank, in practice, no mechanism has been formulated, and to the best of our knowledge, since this judgment in 2007, Israel has not issued a single entry permit to a Gazan student for the purpose of traveling to study in the West Bank - despite numerous applications.
 
Toward the end of the 1990s, approximately 1,000 students from Gaza were studying in West Bank institutions. In contrast, very few are studying in the West Bank today. Those that are risk being forcibly removed at any time.  The recent case of Berlanty Azzam, a young female student Israeli authorities forcibly deported to Gaza two months before she was due to complete her degree at Bethlehem University, is a stark reminder of the risks these students take in order to pursue an education.
 
Ensuring that students from Gaza have access to a higher education in the West Bank promotes U.S. foreign policy interests by investing in the future of the region - those bright, talented young people seeking to better themselves and their society.
 
We urge you to raise this issue with the Israeli government, making clear that the U.S. considers access to higher education, including in the West Bank, a crucial opportunity for Palestinians in Gaza. We urge you to press the Israeli government to end the ban on student travel from Gaza to the West Bank, and in its place establish an effective mechanism to evaluate and approve requests from Gaza residents to study in the West Bank in a timely manner.
 
Sincerely,
 
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Dear Colleagues,
 
As we approach the one year anniversary of military operations in Gaza, we ask that you join us in sending the following letter to President Obama. It asks him to work for improved conditions for the residents of the Gaza Strip, who have suffered from severe restrictions on the movement of goods and people into and out of Gaza.
 
The United States Congress must affirm that the legitimate security needs of Israel and the legitimate needs of Palestinian civilians can both be met. As it stands now, restrictions on basic building supplies, foodstuffs, and medicine have left parents unable to keep their children warm and well fed. This does not contribute to the peace process or any security need, although it may have the effect of consolidating support for those who would respond with terrorist violence.
 
It is both unwise and inhumane to allow this situation to continue as it has. Please join us in asking President Obama to work for tangible improvements to the humanitarian concerns in the Gaza strip. To add your name, contact Jessica Rodgers (McDermott) at 5-3106 or Jessica.Rodgers@mail.house.gov, or Zahir Janmohamed (Ellison) at Zahir.Janmohamed@mail.house.gov.
 
Sincerely,
 
Jim McDermott
Member of Congress
 
Keith Ellison
Member of Congress
 
Organizations supporting this letter include:  J Street, Americans for Peace Now (APN), The American Task Force on Palestine (ATFP), American Association for Palestinian Equal Rights (AAPER), The American Near East Refugee Association (ANERA), The Holy Land Christian Ecumenical Foundation (HCEF), The Methodist Church, The Friends Committee on National Legislation (FCNL), Rabbis for Human Rights, InterAction, The Getman Group, and MercyCorps
 
Letter text follows
 
President Barack Obama
The White House
1600 Pennsylvania Avenue
Washington, DC 20500
 
Dear President Obama,
 
Thank you for your ongoing work to resolve the Israeli-Palestinian conflict and for your commitment of $300 million in U.S. aid to rebuild the Gaza Strip. We write to you with great concern about the ongoing crisis in Gaza.
 
The people of Gaza have suffered enormously since the blockade imposed by Israel and Egypt following Hamas's coup, and particularly following Operation Cast Lead. We also sympathize deeply with the people of southern Israel who have suffered from abhorrent rocket and mortar attacks. We recognize that the Israeli government has imposed restrictions on Gaza out of a legitimate and keenly felt fear of continued terrorist action by Hamas and other militant groups. This concern must be addressed without resulting in the de facto collective punishment of the Palestinian residents of the Gaza Strip. Truly, fulfilling the needs of civilians in Israel and Gaza are mutually reinforcing goals.
 
The unabated suffering of Gazan civilians highlights the urgency of reaching a resolution to the Israeli-Palestinian conflict, and we ask you to press for immediate relief for the citizens of Gaza as an urgent component of your broader Middle East peace efforts. The current blockade has severely impeded the ability of aid agencies to do their work to relieve suffering, and we ask that you advocate for immediate improvements for Gaza in the following areas:
 
- Movement of people, especially students, the ill, aid workers, journalists, and those with family concerns, into and out of Gaza;
- Access to clean water, including water infrastructure materials,
- Access to plentiful and varied food and agricultural materials;
- Access to medicine and health care products and suppliers;
- Access to sanitation supplies, including sanitation infrastructure materials;
- Access to construction materials for repairs and rebuilding;
- Access to fuel;
- Access to spare parts;
- Prompt passage into and out of Gaza for commercial and agricultural goods; and
- Publication and review of the list of items prohibited to the people of Gaza.
 
Winter has arrived and the needs of the people grow ever more pressing. For example, the ban on building materials is preventing the reconstruction of thousands of innocent families' damaged homes. There is also a concern that unrepaired sewage treatment plants will overflow and damage surrounding property and water resources.
 
Despite ad hoc easing of the blockade, there has been no significant improvement in the quantity and scope of goods allowed into Gaza. Both the number of trucks entering Gaza per month and the number of days the crossings have been open have declined since March. This crisis has devastated livelihoods, entrenched a poverty rate of over 70%, increased dependence on erratic international aid, allowed the deterioration of public infrastructure, and led to the marked decline of the accessibility of essential services.
 
The humanitarian and political consequences of a continued near-blockade would be disastrous. Easing the blockade on Gaza will not only improve the conditions on the ground for Gaza's civilian population, but will also undermine the tunnel economy which has strengthened Hamas. Under current conditions, our aid remains little more than an unrealized pledge. Most importantly, lifting these restrictions will give civilians in Gaza a tangible sense that diplomacy can be an effective tool for bettering their conditions.
 
Your Administration's overarching Middle East peace efforts will benefit Israel, the Palestinians, and the entire region. The people of Gaza, along with all the peoples of the region, must see that the United States is dedicated to addressing the legitimate security needs of the State of Israel and to ensuring that the legitimate needs of the Palestinian population are met.
 
Sincerely,