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APN Legislative Round-Up - February 27, 2009

1. Bills and Resolutions; 2. Senate Letter to Clinton re: MidEast Trip; 3. FY09 ForOps in the Omnibus Approps
...for the week ending February 27, 2009
 
1.  Bills and Resolutions
2.  Senate Letter to Clinton re:  MidEast Trip
3.  FY09 ForOps in the Omnibus Approps
 
1.  BILLS AND RESOLUTIONS
 
(FY09 OMNIBUS APPROPS) HR 1105:  Introduced 2/23/09 by Rep. Obey (D-WI), "Making omnibus appropriations for the fiscal year ending September 30, 2009, and for other purposes."  Passed by the House 2/25/09.  This bill includes the FY09 Foreign Operations Appropriations legislation.  For details see section 3, below. 
 
(EGYPT) H. Res. 200:  Introduced 2/26/09 by Rep. Wolf (R-VA) and 13 cosponsors, "Calling on the Egyptian Government to respect human rights and freedoms of religion and expression in Egypt." Referred to the House Committee on Foreign Affairs.
 
(SYRIA)  HR 1206: Introduced 2/26/09 by Rep. Ros-Lehtinen (R-FL) and 43 cosponsors, "To strengthen sanctions against the Government of Syria, to enhance multilateral commitment to address the Government of Syria's threatening policies, to establish a program to support a transition to a democratically-elected government in Syria, and for other purposes."  Referred to the Committees on Foreign Affairs, Ways and Means, Financial Services, Oversight and Government Reform, and the Judiciary.
 
(IRAN) HR 1208:  Introduced 2/26/09 by Rep. Ros-Lehtinen (R-FL) and 36 cosponsors, "To strengthen existing legislation sanctioning persons aiding and facilitating nonproliferation activities by the Government of Iran, and for other purposes." Referred to the Committees on Foreign Affairs, Financial Services, Oversight and Government Reform, Ways and Means, the Judiciary, Education and Labor, and Science and Technology.
 
(MITCHELL- Update)  H. Res. 130:  This resolution, introduced 2/4/09 by Rep. Delahunt (D-MA) and strongly supported by Americans for Peace Now, has now attracted 70 cosponsors.
 
2.  Senate Letter to Clinton Re: MidEast Trip
 
On 2/26/09 Senator Diane Feinstein (D-CA) began circulating a letter to Secretary of State Clinton regarding Clinton's planned visit next week to Israel and the West Bank.  The letter (full text copied below) urges the Secretary to use this visit to "to underscore your personal commitment, and that of President Obama, to Israel's security and to achieving Israeli-Palestinian peace. Both are vital U.S. national security interests that must not be neglected. The continuing launching of rockets from Gaza into Israel, the humanitarian crisis in Gaza, and the ongoing challenge of formalizing an Israel-Hamas truce, underscore the importance of tenacious American leadership and engagement, now and in the future."
 
Americans for Peace Now strongly supported this letter and urged all senators to sign on.  The letter represents a constructive, timely message of Senate support for committed U.S. engagement and leadership to end the Israeli-Palestinian conflict, sending an important signal to the Obama Administration that the Senate is prepared to support its efforts in this arena. 
 
As of this writing the letter, which closes at noon today (Friday, meaning it will have circulated for less than 48 hours) has been signed by more than 1/4 of the Senate, including members of both parties and a number of Jewish members.  Signers as of 10am 2/27/09 are: Feinstein (D-CA), Akaka (D-HI), Begich (D-AK), Bond (R-MO), Brown (D-OH), Burr (R-NC), Cantwell (D-WA), Cardin (D-MD), Carper (D-DE), Casey (D-PA), Dorgan (D-ND), Durbin (D-IL), Feingold (D-WI), Harkin (D-IA), Klobuchar (DFL-MN), Landrieu (D-LA), Levin (D-MI), Merkley (D-OR), Murray (D-WA), Nelson (D-NE), Snowe (R-ME), Specter (R-PA), Vitter (R-LA), Voinovich (R-OH), Whitehouse (D-RI), Wyden (D-OR)
 
Letter text:
 
Dear Secretary Clinton:
 
We are writing to applaud your decision to travel to Israel and the West Bank next week. Your trip sends another important signal of the Obama Administration's seriousness about dealing with the Israeli-Palestinian conflict.
 
Last month, while announcing Senator Mitchell's appointment as Special Middle East Peace Envoy, President Obama stated that "It will be the policy of my administration to actively and aggressively seek a lasting peace between Israel and the Palestinians, as well as Israel and its Arab neighbors."
 
At that same ceremony, you expressed your own commitment to Israel-Palestinian peace, noting that Senator Mitchell's mission will be to "lead our efforts to reinvigorate the process for achieving peace between Israel and its neighbors... [to] help us to develop an integrated strategy that defends the security of Israel, works to bring an end to the Israeli-Palestinian conflict that will result in two states, living side by side in peace and security, and to achieve further agreements to promote peace and security between Israel and its Arab neighbors" and "to support the objectives that the President and I believe are critical and pressing in Gaza, to develop a program for humanitarian aid and eventual reconstruction, working with the Palestinian Authority and Israel on behalf of those objectives."
 
We commend both you and President Obama for these statements and we urge you to use your upcoming visit to Israel and the West Bank to underscore your personal commitment, and that of President Obama, to Israel's security and to achieving Israeli-Palestinian peace. Both are vital U.S. national security interests that must not be neglected. The continuing launching of rockets from Gaza into Israel, the humanitarian crisis in Gaza, and the ongoing challenge of formalizing an Israel-Hamas truce, underscore the importance of tenacious American leadership and engagement, now and in the future.
 
3.  FY09 Omnibus Approps Bill
 
Nearly 5 months after the beginning of the fiscal year (the government has been running on continuing resolutions since the end of September 2008), on 2/25/09 the House passed HR 1105, the FY09 Omnibus Appropriations bill, introduced 2/23/09 by House Appropriations Committee Chairman Obey (D-WI).  The bill passed by a mainly party-line vote of 245-178 (only 20 Democrats voted against, and only 16 Republicans voted in favor). 
 
HR 1105 is the culmination of months of joint behind-the-scenes work by House and Senate appropriators and staff, making the bill, in effect, an informal "conference version" - that is, both House and Senate appropriators have already negotiated and agreed to its various provisions.  A two-part "joint explanatory statement" filed with the bill constitutes informal "conference report language" laying out appropriators' intent. 
 
Given that the bill was already negotiated between the House and Senate prior to its formal introduction, it moved directly to the House floor, where it passed with little debate.  It is expected to pass in the Senate shortly.

=======================================
             
Middle East provisions in the FY09 Approps Bill (Section H of HR 1105) and the accompanying Explanatory Report
 
TITLE I - THE DEPARTMENT OF STATE AND RELATED AGENCIES
 
International Broadcasting Operations
Bill Text:  The bill provides $698,187,000 "to make and supervise grants for radio and television broadcasting to the Middle East."
 
Report:  The table included in the explanatory report notes that the FY09 request for Middle East Broadcasting Networks was $112.394 million, and that the amount provided was $109.393 million. 
 
The report notes that the bill "includes a provision, section 7041, intended to strengthen transparency, integrity and accountability concerning the content of broadcasts to the Middle East. Programs supported under this heading are intended to reach countries where fair and unbiased local media is limited and therefore broadcasting a variety of views is required. The BBG should continue to pursue free and fair broadcasting, and in particular provide many points of view to maintain balanced reporting. The Board is directed, in conjunction with the MBN, VOA, and RFE/RL, to make public English transcripts on a case by case basis if requested by the Committees on Appropriations. Sufficient funds are included to continue the transparency directives begun in fiscal year 2008 regarding Alhurra."
 
Center for Middle Eastern-Western Dialogue
Bill text:  The bill includes a perennial provision making available interest and earnings accruing to the Fund on or before the end of the fiscal year available until expended, "For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund."
 
Report:  The report notes that "The bill provides $875,000 for the Center for Middle Eastern-Western Dialogue Trust Fund, which is $7,000 above the fiscal year 2008 level and the same as the request."
 
Israeli Arab Scholarship Program
Bill text: The bill includes a perennial provision making all interest and earnings accruing to the Fund on or before the end of the fiscal year available until expended, "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)."
 
Report:  The report noted that "The bill provides $375,000 for the Israeli Arab Scholarship Program, which is $3,000 above the fiscal year 2008 level and the same as the request."
 
Other Title I Report Language
 
Saudi Arabia -- The explanatory report directs the Secretary of State "to monitor the implementation of the Government of Saudi Arabia's policies relating to religious practice and tolerance, announced in July 2006, and make these issues a regular part of the United States-Saudi Arabia Strategic Dialogue" and to report to Congress "not later than 120 days after enactment of this Act on the progress and issues raised through this dialogue."
 
Educational and Cultural Exchange Programs:
- .the Department of State is expected to continue funding for.increased exchanges with Africa and countries with significant Muslim populations.
- Youth Exchange and Study Program:  The bill provides $23 million "to support the goals of this program and encourages its growth in countries with significant Muslim populations, where the perception of the United States faces the greatest challenges.
- One-time International Exchange Grant Program:  The bill provides $6 million "for one-time competitive grants for international exchanges. Exchange programs eligible for consideration for this competitive program shall include:  KIDmocracy, for student exchange with Egypt on democracy and governance."
 
National Endowment for Democracy: ".The amount provided is $15,000,000 above the comparable fiscal year 2008 level and $35,000,000 above the request. The additional $15,000,000 in the bill is provided for a small grants program, democracy promotion, human rights and rule of law activities including in China, Burma, Cuba, Russia, Pakistan, Afghanistan, Malaysia, Somalia, Sudan, and Iran, as well as for the Reagan-Fascell Democracy Fellows Program, the Center for International Media Assistance and the World Movement for Democracy."
 
Commission on International Religious Freedom:  "The bill provides $4,000,000 for salaries and expenses of the Commission on International Religious Freedom, which is $727,000 above the fiscal year 2008 level and the same as the request.  The bill includes $250,000, as requested, for the establishment and operation by the Commission of a Joseph R. Crapa Fellows Program.   Within the increase provided, the Commission is encouraged to focus on religious freedom and other human rights concerns in China and the study of global anti-Semitism and publish independent reports on its findings."
 
Jerusalem:  The explanatory statement notes that Sec. 107 from the previous ForOps bill has not been carried through in this bill.  Sec. 107 required that for the purposes of registration of birth, certification of nationality, or issuance of a passport for a US citizen born in Jerusalem, that upon request of the citizen, the birthplace shall be recorded as Israel Comment:  This provision was passed into law multiple times under President Bush and each time it was "set aside" by the President as unconstitutional, since it encroaches on his foreign policy prerogative.
 
TITLE II - US AGENCY FOR INTERNATIONAL DEVELOPMENT
 
There is no Middle East-related bill text in this section. 
 
The explanatory report states that "USAID should continue efforts to improve its vetting system to ensure that funds are not diverted to international terrorist organizations; however, vetting procedures must not dissuade legitimate implementing partners from participating in USAID programs. USAID shall provide the Committees on Appropriations with regular updates on progress made in developing such a system and is directed to provide a report on the efficacy of the partner vetting pilot program in the West Bank and Gaza not later than 180 days after enactment of this Act."
 
TITLE III - BILATERAL ECONOMIC ASSISTANCE
 
Economic Support Funds (ESF)
 
ISRAEL
There is no ESF funding for Israel in this bill.
 
EGYPT
Bill text:  The bill earmarks $200 million in ESF for Egypt, to 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 undertaken in previous fiscal years." Up to $20 million is earmarked for democracy, human rights and governance programs.  The bill earmarks not less than $35 million for education programs, of which not less than $10,000,000 is for scholarships for Egyptian students with high financial need.
 
Report Text:  "Within the amount provided for project assistance, up to $20,000,000 shall be made available for democracy, governance, and human rights programs and not less than $35,000,000 shall be for education programs, of which $10,000,000 is for scholarships for Egyptian students with high financial need. The requirements of section 7034(k) shall apply with respect to the provision of assistance to nongovernmental organizations."
 
JORDAN
The bill earmarks $263.547 million in ESF for Jordan
 
WEST BANK/GAZA
Bill text:  The bill states that not more than $75 million may be made available for assistance to the West Bank and Gaza.   The bill stipulates that of this amount, not more than $2 million "may be used for administrative expenses of the United States Agency for International Development (USAID), in addition to funds otherwise available for such purposes, to carry out programs in the West Bank and Gaza."
 
Report Text:  "The Department of State and USAID should continue to support reform efforts of the Palestinian Authority.  Up to $2,000,000 of the funds provided under this heading may be used to augment administrative expenses of USAID to facilitate program administration and not less than $3,000,000 should be designated for local nongovernmental organizations operating in the West Bank to strengthen civil society and improve social services for the Palestinian people.  USAID should consider the work of the First Regional Cooperative Program for Health to be conducted by the Hebrew University's Kuvin Center, Al Quds University, and St. John Eye Hospital Jerusalem."
 
LEBANON
Bill text:  The bill earmarks $67.5 million in ESF for Lebanon, of which not less than $10 million "shall be made available for educational scholarships for students in Lebanon with high financial need."
 
Report text:  ".not less than $10,000,000 is for scholarships for students in Lebanon with high financial need, including at American educational institutions. These funds are to be awarded through an open and competitive process. Of the total for Lebanon, $500,000 is provided for the United States Forest Service's forest management and wildlife conservation programs in Lebanon."
 
Democracy Funds
The bill provides $116 million for the Democracy Fund.  Of this, the bill stipulates that "not less than $6,500,000 shall be made available for the promotion of democracy in countries located outside the Middle East region with a significant Muslim population, and where such programs and activities would be important to respond to, deter, or prevent extremism."
 
Nonproliferation, Anti-Terrorism, Demining & Related Programs
The bill includes a perennial provision includes the stipulation that funds appropriated under this heading may be made available for the International Atomic Energy Agency only if the Secretary of State (and reports to Congress) that Israel is not being denied its right to participate in the activities of that Agency.
 
Migration and Refugee Assistance (MRA)
Bill text:  The bill stipulates that not less than $30 million in MRA funds shall be available for the resettlement of refugees in Israel (the amount was $40 million in FY08).
 
Report text:  The report text includes the following regarding MRA--
 
 - Iraqi refugees:  "The Department of State and USAID should aggressively support refugee relief and resettlement programs for displaced Iraqis inside and outside of Iraq, including those displaced in Syria, and for religious minorities."
- Migration to Israel: "The bill provides not less than $30,000,000 for assistance for refugees resettling in Israel."
- United Nations Relief and Works Agency (UNRWA):  "The Department of State is directed to work closely with UNRWA and host governments to develop a strategy for identifying individuals known to have engaged in terrorist activities."
 
Other Title III report Language
 
The explanatory report includes a table allocating ESF to the Middle East as follows:  
 
Egypt: $200 million (same as request)
Jordan:  $263.547 million (same as request)
Lebanon:  $67.5 million (same as request) 
Libya:  $2.5 million (request was for $0)
MEPI: $50 million (request was for $87 million)
Middle East Regional Cooperation : $5 million (request was for $3 million)
Near East Regional Democracy:  $25 million (program did not exist at time of request)
Syria:  $2.5 million (request was for $0)
Tunisia: $1.5 million (request was for $0)
West Bank/Gaza: $75 million (same as request)
Yemen: $21 million
 
The report goes on to explain the funding as follows:
 
Middle East Partnership Initiative (MEPI):  "The bill provides $50,000,000 to continue regional programs traditionally managed by MEPI, of which $8,000,000 should be used to continue a scholarship program to educate students from countries with significant Muslim populations, including at American educational institutions in those countries. These funds are to be awarded through an open and competitive process. The Department is directed to report to the Committees on Appropriations on coordination with other offices responsible for funding similar programs. USAID should consider the work of Street Law."
 
Middle East Regional Cooperation Program:  "The bill provides $5,000,000 for the Middle East Regional Cooperation Program to promote technical cooperation between Arab and Israeli scientists, students, and communities on topics relevant to development in the Middle East."
 
Middle East regional programs:  "USAID should consider technical assistance to increase the capacity of nongovernmental organizations to meet the humanitarian and psycho-social needs of the affected population in Sderot and Western Negev, including through programs to train emergency response teams."
 
Democracy:  "The bill provides the following amounts for democracy and governance programs, in addition to funds otherwise made available for such purposes: $2,500,000 for Libya.$2,500,000 for Syria; and $25,000,000 for Near East Regional Democracy (NERD). The Department of State shall consult with the Committees on Appropriations on the uses of NERD funds, which shall be awarded on a competitive basis."
 
Russia:  ".The bill continues language in section 7073 restricting assistance for the government of Russia due to its support for the Iranian nuclear program."
 
Religious/ethnic discrimination:  "USAID should support programs that address anti-Semitism and religious persecution in the Russian Federation, Ukraine, and Belarus. The Coordinator of United States Assistance to Europe and Eurasia is directed to provide a report to the Committees on Appropriations not later than 120 days after enactment of this Act on assistance provided by the United States to address these concerns and should consider the work of the Union of Councils for Jews in the Former Soviet Union."
 
TITLE IV - INTERNATIONAL SECURITY ASSISTANCE
 
Foreign Military Financing (FMF)
 
ISRAEL
Bill text:  The bill earmarks not less than $2.38 billion in FMF for Israel, to be disbursed within 30 days of the enactment of this Act.  The bill stipulates that to the extent that the Government of Israel requests and as agreed by Israel and the U.S., these funds shall be made available for advanced weapons systems, of which not less than $670.65 million shall be made available for procurement of articles and services in Israel [note: unless otherwise stipulated, FMF must be spent in the U.S.]
 
Report text:  "The bill provides not less than $2,380,000,000 in grants for Israel which shall be made available within 30 days of enactment of this Act. In addition, the Supplemental Appropriations Act, 2008 (Public Law 110-252) included $170,000,000 for military assistance for Israel for a combined total of $2,550,000,000 in fiscal year 2009, as requested and pursuant to a Memorandum of Understanding between the United States and Israel signed on August 16, 2007. Of the amounts provided, $670,650,000 is for offshore procurement of military equipment.
 
EGYPT
Bill text:  The bill earmarks not less than $1.3 billion in FMF for Egypt.  The bill also includes the perennial provision under which estimated current year outlays for Egypt shall be placed in an interest-bearing account within 30 days of the enactment of this Act.  The bill notes that these funds are for grants for Egypt, "including for border security programs and activities in the Sinai" (this last part appears to be new language).
 
Note:  Absent from this bill is controversial language from the previous appropriations bill (Sec. 690 in the previous ForOps bill) blocking the availability of part of Egypt's FMF assistance until the Secretary of State certified that Egypt has taken concrete and measurable steps to "adopt and implement judicial reforms that protect the independence of the judiciary," and "review criminal procedures and train police leadership in modern policing to curb police abuses," and "detect and destroy the smuggling network and tunnels that lead from Egypt to Gaza." 
 
JORDAN
The bill earmarks $235 million in FMF for Jordan
 
Peacekeeping Operations (PKO)
Bill text:  There are no Middle East-related PKO earmarks in the bill text.
 
Report:  The report notes that: "The bill provides $25,000,000 for a United States contribution to the MFO mission in the Sinai. Additional funds for security requirements should be matched by sources other than the United States."
 
Other Title IV Report Language
 
The explanatory report allocates FMF to the Middle East as follows: 
 
Egypt : $1.3 billion (same as request)
Israel:  $2.380 billion (request was $2.550 billion, the difference having been made up in the FY08 Supplemental)
Jordan: $235 million (same as request)
Lebanon: $58.2 million (request was for $62.2 billion)
Tunisia:  $12 million (request was $2.262 million)
 
Morocco:  "The Secretary of State is directed to report in writing not later than 90 days after enactment of this Act, on steps taken by the Government of Morocco to protect human rights, and whether it is allowing all persons to: (1) freely advocate their views regarding the status and future of the Western Sahara through the exercise of their rights to peaceful expression and association; and (2) document violations of human rights in the territory without harassment."
 
Tunisia:  "The bill provides $12,000,000 for assistance for Tunisia to transform its military, update equipment, and increase counterterrorism and international peacekeeping capabilities. Restrictions on political freedoms, the use of torture, imprisonment of political dissidents, and persecution of journalists and human rights defenders are of concern and progress on these issues is necessary for the partnership between the United States and Tunisia to further strengthen."
 
TITLE VI -   EXPORT AND INVESTMENT ASSISTANCE
 
Title VI of the bill includes no Middle East-related provisions.  However, the report includes the following:
 
"Credit Export Facility for the Palestinian Authority.--The Export-Import Bank is directed to explore the potential for establishing a credit export facility for the Palestinian Authority by consulting with the Palestinian Authority, the Government of Israel, and others. Such a facility would ultimately be subject to a peace agreement and would have the goal of providing a funding facility for the private sector in the Palestinian Territory to purchase goods and services from the United States. The Export-Import Bank should report to the Committees on Appropriations on this proposal not later than 180 days after enactment of this Act."
 
TITLE VII -   GENERAL PROVISIONS
 
- Sec. 7007:  Prohibition Against Direct Funding for Certain Countries
Perennial bill language banning aid to Cuba, Libya, North Korea, Iran, and Syria, extending to loans, credits, insurance, and guarantees of the Export-Import Bank or its agents.
 
- Sec. 7013: Prohibition on Taxation of United States Assistance
This is a perennial provision 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 (f): Reprogramming Notification Requirements. 
This section states that no funds may be obligated or expended for assistance to Serbia, Sudan, Zimbabwe, Pakistan, the Dominican Republic, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Mexico, or Cambodia except as provided through regular notification procedures of the Committee on Appropriations. 
 
- Sec. 7021: Prohibition on Assistance to Foreign Governments that Expert Lethal Military Equipment to Countries Supporting International Terrorism Perennial bill language banning assistance to governments that export lethal military equipment to countries supporting international terrorism; includes a Presidential national security waiver.
 
- Sec. 7022: Prohibition on Bilateral Assistance to Terrorist Countries
Perennial bill language prohibiting aid to any country which the President determines grants sanctuary to any individual or group that has committed an act of international terrorism, or any country that the President determines otherwise supports international terrorism. The language includes a national security waiver for the President.
 
- Sec. 7034(n): Middle East Foundation
States that "funds appropriated in this Act and prior Acts for a Middle East Foundation shall be subject to the regular notification procedures of the Committee on Appropriations.
 
- Sec. 7034(k): Nongovernmental Organizations
This provision stipulates that with respect to the provision of assistance for democracy, human rights and governance activities, the organizations implementing such assistance and the specific nature of that assistance shall not be subject to the prior approval by the government of any foreign country.  [Note: this provision is aimed mainly at Egypt].
 
- Sec. 7035: Arab League Boycott of Israel
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. [Same as House and Senate versions]
 
- 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. [Note: This section is a relic of history, reflecting a time when Congress was extremely focused on the threat of Yasser Arafat unilaterally declaring a Palestinian State.  This threat has not been on the agenda for some years, yet this very extensive section of law is passed every year].
 
- 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 provision setting out the extensive conditions and restrictions on, and vetting, reporting and audit requirements for, the West Bank and Gaza program.    The provision has been modified from prior years by requiring that funds are subject to the regular notification procedures.
 
- Sec. 7040: Limitation on Assistance to the Palestinian Authority.
This is perennial bill language stipulating 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.  If the waiver is used, the President is required to submit a report detailing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed. The report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure. The Secretary of State must  also certify and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll.  In addition, the provision stipulates that funds may not be used for "salaries of personnel of the Palestinian Authority located in Gaza" or for "assistance to Hamas or any entity effectively controlled by Hamas or any power-sharing government of which Hamas is a member unless the President certifies in writing and reports to the Committees on Appropriations that Hamas has accepted and is complying with the principles contained in section 620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as amended."  Finally, the section stipulates that funds may not be used for assistance to the PLO.  (as the Explanatory Report notes, this provision now includes a previously freestanding provision barring aid to the PLO, as well as certification requirements for the use of a Presidential waiver regarding compliance with sections of the Palestinian Anti-Terrorism Act).
 
- Sec. 7041: Broadcasting Transparency
This provision stipulates that of the funds appropriated for "International Broadcasting Operations" for Middle East Broadcasting Networks, 10 percent of the funds shall not be available for obligation until the Broadcasting Board of Governors reports to the Committee on Appropriations on "(1) The results of the independent outside evaluation of Alhurra programming to examine its journalistic integrity and adherence to standards and principles of the United States International Broadcasting Act; and (2) Whether the directives in the explanatory statement accompanying the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110-161) regarding Alhurra have been implemented and are operational."  The provision also stipulates that "The Office of the Inspector General of the Department of State and the Broadcasting Board of Governors shall monitor adherence to the standards of the Journalistic Code of Ethics of the Middle East Broadcasting Networks, as updated in May 2007." [This is a modified version of the previous year's requirement.  The provision reflects Congressional suspicions that US-funded Arabic-language broadcasting may be promoting anti-U.S. or anti-Israel positions.]
 
- Sec. 7043: Report on Iran Sanctions
This is a brand-new provision requiring the Secretary of State to report, within 180 days of the enactment of this Act and in classified or unclassified form, as necessary, "on the status of multilateral and bilateral United States sanctions against Iran and actions taken by the United States and the international community to enforce sanctions against Iran." The report shall included:  " (1) A list of all current United States bilateral and multilateral sanctions against Iran; (2) A list of all United States and foreign registered entities which the Secretary of State has reason to believe may be in violation of existing United States bilateral and multilateral sanctions; (3) A detailed description of United States efforts to enforce sanctions, including a list of all investigations initiated in the 12 months preceeding the enactment of this Act that have resulted in a determination that a sanctions violation has occurred and United States government actions taken pursuant to the determination; (4) In the instances when sanctions were waived or otherwise not imposed against entities that were determined to have violated United States bilateral or multilateral sanctions, the reason in each instance of why action was not taken to sanction the entity; and (5) A description of United States diplomatic efforts to expand bilateral and multilateral sanctions against Iran and strengthen international efforts to enforce existing sanctions." 
 
- Sec.  7044: Lebanon
This brand-new section stipulates that FMF for Lebanon shall be 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."  It states that no FMF shall be available until the Secretary of State provides a "detailed spending plan, which shall include a strategy for professionalizing the Lebanese Armed Forces, strengthening border security and combating terrorism in Lebanon."
 
- 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.
 
- Sec. 7056: Landmines and Cluster munitions
This section combines states that notwithstanding any other provision of law, demining equipment available to USAID 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.  It also stipulates that "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 "the submunitions of the cluster munitions have a 99 percent or higher functioning rate" and "the agreement applicable to the assistance, transfer, or sale of the cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present."
 
- Sec. 7065: Reconciliation Programs
Provision stating that not less than $25 million shall be made available "for reconciliation programs which bring together and facilitate interaction between individuals of different ethnic, religious and political backgrounds from areas of civil conflict and war."  Of this amount, the section states that "$9,000,000 shall be made available for such programs in the Middle East." The section stipulates 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."
 
- Sec. 7067: Requests for Documents
This provision bars aid to NGOs that fail "to provide upon timely request any document, file, or record necessary to the auditing requirements of the United States Agency for International Development." While this is a generic requirement, applying to all NGOs receiving US funds, the issue of audits of NGOs working with USAID has been especially focused on the West Bank and Gaza.
 
- Sec. 7073: Independent States of the Former Soviet Union. 
This provision (present in past ForOps legislation) directs that a portion of U.S. assistance for the Government of the Russian Federation be withheld until the President certifies that, among other things, Russian government has "terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or equipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capability..."
 
- Sec. 7085: Commercial Leasing of Defense Articles
This perennial provision permits financing to be provided to Israel, Egypt and NATO and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale.
 
REMOVED:  Sec. 697: Saudi Arabia
The explanatory report notes that this section has not been carried through from the previous ForOps bill into HR 1105.  This section, which has been a perennial element of recent ForOps bills, bars U.S. assistance to Saudi Arabia.  The section includes a waiver, allowing the President to waive the ban if he certifies to the Committees on Appropriations that Saudi Arabia "is cooperating with efforts to combat international terrorism and that the proposed assistance will help facilitate that effort."  As noted in past APN analyses, the U.S. does not provide "assistance" to Saudi Arabia, but does fund some military training - IMET - and some anti-terrorism programs.
 

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