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21–698PDF 2006

UNITED NATIONS REFORM ACT OF 2005;

FOREIGN RELATIONS AUTHORIZATION ACT,

FISCAL YEARS 2006 AND 2007; AND

EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES

REGARDING THE MASSACRE AT SREBRENICA IN JULY 1995

MARKUP

BEFORE THE

COMMITTEE ON 

INTERNATIONAL RELATIONS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

ON

H.R. 2745, H.R. 2601 and H. Res. 199

JUNE 8 AND 9, 2005

Serial No. 109–141

Printed for the use of the Committee on International Relations

(

Available via the World Wide Web: http://www.house.gov/international—relations 

COMMITTEE ON INTERNATIONAL RELATIONS 

HENRY J. HYDE, Illinois, Chairman 

JAMES A. LEACH, Iowa 

CHRISTOPHER H. SMITH, New Jersey, 

Vice Chairman 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

EDWARD R. ROYCE, California 

PETER T. KING, New York 

STEVE CHABOT, Ohio 

THOMAS G. TANCREDO, Colorado 

RON PAUL, Texas 

DARRELL ISSA, California 

JEFF FLAKE, Arizona 

JO ANN DAVIS, Virginia 

MARK GREEN, Wisconsin 

JERRY WELLER, Illinois 

MIKE PENCE, Indiana 

THADDEUS G. MCCOTTER, Michigan 

KATHERINE HARRIS, Florida 

JOE WILSON, South Carolina 

JOHN BOOZMAN, Arkansas 

J. GRESHAM BARRETT, South Carolina 

CONNIE MACK, Florida 

JEFF FORTENBERRY, Nebraska 

MICHAEL MCCAUL, Texas 

TED POE, Texas 

TOM LANTOS, California 

HOWARD L. BERMAN, California 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

ROBERT MENENDEZ, New Jersey 

SHERROD BROWN, Ohio 

BRAD SHERMAN, California 

ROBERT WEXLER, Florida 

ELIOT L. ENGEL, New York 

WILLIAM D. DELAHUNT, Massachusetts 

GREGORY W. MEEKS, New York 

BARBARA LEE, California 

JOSEPH CROWLEY, New York 

EARL BLUMENAUER, Oregon 

SHELLEY BERKLEY, Nevada 

GRACE F. NAPOLITANO, California 

ADAM B. SCHIFF, California 

DIANE E. WATSON, California 

ADAM SMITH, Washington 

BETTY MCCOLLUM, Minnesota 

BEN CHANDLER, Kentucky 

DENNIS A. CARDOZA, California 

THOMAS E. MOONEY, SR., Staff Director/General Counsel 

ROBERT R. KING, Democratic Staff Director 

DANIEL FREEMAN, Counsel/Parliamentarian 

KRISTEN GILLEY, Senior Professional Staff Member 

RENEE AUSTELL, Professional Staff Member 

JEAN CARROLL, Full Committee Hearing Coordinator 

(III)

C O N T E N T S 

Page

DATES 

June 8, 2006 ............................................................................................................. 1

June 9, 2006 ............................................................................................................. 743

MARKUP OF 

H.R. 2745, To reform the United Nations, and for other purposes ..................... 2

Amendment in the nature of a substitute to H.R. 2745 offered by the 

Honorable Tom Lantos, a Representative in Congress from the State 

of California ...................................................................................................... 84

Amendment to H.R. 2745 offered by the Honorable James A. Leach, a 

Representative in Congress from the State of Iowa ...................................... 190

Amendment to H.R. 2745 offered by the Honorable Ron Paul, a Representative in Congress from the State of Texas ....................................................... 194

H.R. 2601, To authorize appropriations for the Department of State for fiscal 

years 2006 and 2007, and for other purposes .................................................... 209

Amendment in the nature of a substitute to H.R. 2601 offered by the 

Honorable Christopher H. Smith, a Representative in Congress from 

the State of New Jersey and Vice Chairman, Committee on International 

Relations ............................................................................................................ 268

En bloc amendments to H.R. 2601 ..................................................................... 471

Amendment to the amendment in the nature of a substitute to H.R. 2601 

offered by the Honorable William D. Delahunt, a Representative in Congress from the Commonwealth of Massachusetts .......................................... 631

Amendment to H.R. 2601 offered by the Honorable Ted Poe, a Representative in Congress from the State of Texas ....................................................... 635

Amendment to H.R. 2601 offered by the Honorable Gary L. Ackerman, 

a Representative in Congress from the State of New York .......................... 639

Amendment to the amendment in the nature of a substitute to H.R. 2601 

offered by the Honorable Barbara Lee, a Representative in Congress 

from the State of California ............................................................................. 653

Amendment to H.R. 2601 offered by the Honorable Barbara Lee ................... 661

Amendment to H.R. 2601 offered by the Honorable Darrell Issa, a Representative in Congress from the State of California .................................... 665

En block amendments to H.R. 2601 ................................................................... 677

Amendment to the amendment in the nature of a substitute to H.R. 2601 

offered by the Honorable William D. Delahunt ............................................. 681

Amendment to H.R. 2601 offered by the Honorable James A. Leach ............. 684

Amendment to H.R. 2601 offered by the Honorable Earl Blumenauer, a 

Representative in Congress from the State of Oregon .................................. 706

Amendment to H.R. 2601 offered by the Honorable Dan Burton, a Representative in Congress from the State of Indiana ........................................ 722

Amendment to H.R. 2601 offered by the Honorable Joseph Crowley, a 

Representative in Congress from the State of New York ............................. 731

Amendment to H.R. 2601 offered by the Honorable Dana Rohrabacher, 

a Representative in Congress from the State of California .......................... 735

En bloc amendments to H.R. 2601 offered by the Honorable Darrell Issa ..... 737

Amendment to H.R. 2601 offered by the Honorable Christopher H. Smith ... 741

Amendment to H.R. 2601 offered by the Honorable Barbara Lee ................... 744

Amendment to H.R. 2601 offered by the Honorable Joseph Crowley .............. 747

Amendment to H.R. 2601 offered by the Honorable Barbara Lee ................... 750

H. Res. 199, Expressing the sense of the House of Representatives regarding 

the massacre at Srebrenica in July 1995 ........................................................... 768

Page

IV

Amendment to H. Res. 199 offered by the Honorable Christopher H. Smith . 775

APPENDIX 

Material Submitted for the Record ........................................................................ 777

(1)

UNITED NATIONS REFORM ACT OF 2005; FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2006 AND 2007; 

AND EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES REGARDING THE MASSACRE AT 

SREBRENICA IN JULY 1995

WEDNESDAY, JUNE 8, 2005

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON INTERNATIONAL RELATIONS, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:35, a.m., in room 

2172, Rayburn House Office Building, Hon. Henry J. Hyde (Chairman of the Committee) presiding. 

Chairman HYDE. The Committee will come to order. Pursuant to 

notice, I call up the bill, H.R. 2745, the United Nations Reform Act 

of 2005, for purposes of markup and move its favorable recommendation to the House. Without objection, the bill will be considered as read and open for amendment at any point. The Chair 

recognizes himself for 5 minutes to explain the bill. 

[H.R. 2745 follows:]

2


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H.L.C.

Sec. 101. United States financial contributions to the United Nations.

Sec. 102. Weighted voting.

Sec. 103. Budget certification requirements.

Sec. 104. Accountability.

Sec. 105. Terrorism and the United Nations.

Sec. 106. United Nations treaty bodies.

Sec. 107. Equality at the United Nations.

Sec. 108. Report on United Nations reform.

Sec. 109. Report on United Nations personnel.

TITLE II—HUMAN RIGHTS AND THE ECONOMIC AND SOCIAL

COUNCIL (ECOSOC)

Sec. 201. Human rights.

Sec. 202. Economic and Social Council (ECOSOC).

TITLE III—INTERNATIONAL ATOMIC ENERGY AGENCY

Sec. 301. International Atomic Energy Agency.

Sec. 302. Sense of Congress regarding the Nuclear Security Action Plan of the

IAEA.

TITLE IV—PEACEKEEPING

Sec. 401. Sense of Congress regarding reform of United Nations peacekeeping

operations.

Sec. 402. Statement of policy relating to reform of United Nations peacekeeping operations.

Sec. 403. Certification.

TITLE V—DEPARTMENT OF STATE AND GOVERNMENT

ACCOUNTABILITY OFFICE

Sec. 501. Positions for United States citizens at international organizations.

Sec. 502. Budget justification for regular assessed budget of the United Nations.

Sec. 503. Review and report.

Sec. 504. Government Accountability Office.

TITLE VI—CERTIFICATIONS AND WITHHOLDING OF

CONTRIBUTIONS

Sec. 601. Certifications and withholding of contributions.

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on International ReVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00009 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 lations of the House of Representatives and the

2 Committee on Foreign Relations of the Senate.

3 (2) EMPLOYEE.—The term ‘‘employee’’ means

4 an individual who is employed in the general serv5 ices, professional staff, or senior management of the

6 United Nations, including contractors and consult7 ants.

8 (3) GENERAL ASSEMBLY.—The term ‘‘General

9 Assembly’’ means the General Assembly of the

10 United Nations.

11 (4) MEMBER STATE.—The term ‘‘Member

12 State’’ means a Member State of the United Na13 tions. Such term is synonymous with the term

14 ‘‘country’’.

15 (5) SECRETARY.—The term ‘‘Secretary’’ means

16 the Secretary of State.

17 (6) SECRETARY GENERAL.—The term ‘‘Sec18 retary General’’ means the Secretary General of the

19 United Nations.

20 (7) SECURITY COUNCIL.—The term ‘‘Security

21 Council’’ means the Security Council of the United

22 Nations.

23 (8) SPECIALIZED AGENCIES AND SPECIALIZED

24 AGENCIES OF THE UNITED NATIONS.—The terms


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H.L.C.

1 ‘‘specialized agencies’’ and ‘‘specialized agencies of

2 the United Nations’’ mean—

3 (A) the Food and Agriculture Organization

4 (FAO);

5 (B) the International Atomic Energy

6 Agency (IAEA);

7 (C) the International Civil Aviation Orga8 nization (ICAO);

9 (D) the International Fund for Agricul10 tural Development (IFAD);

11 (E) the International Labor Organization

12 (ILO);

13 (F) the International Maritime Organiza14 tion (IMO);

15 (G) the International Telecommunication

16 Union (ITU);

17 (H) the United Nations Educational, Sci18 entific, and Cultural Organization (UNESCO);

19 (I) the United Nations Industrial Develop20 ment Organization (UNIDO);

21 (J) the Universal Postal Union (UPU);

22 (K) the World Health Organization

23 (WHO) and its regional agencies;

24 (L) the World Meteorological Organization

25 (WMO); and


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1 (M) the World Intellectual Property Orga2 nization (WIPO).

3 SEC. 3. STATEMENT OF CONGRESS.

4 Congress declares that, in light of recent history, it

5 is incumbent upon the United Nations to enact significant

6 reform measures if it is to restore the public trust and

7 confidence necessary for it to achieve the laudable goals

8 set forth in its Charter. To this end, the following Act

9 seeks to reform the United Nations.

10 TITLE I—MISSION AND BUDGET

11 OF THE UNITED NATIONS

12 SEC. 101. UNITED STATES FINANCIAL CONTRIBUTIONS TO

13 THE UNITED NATIONS.

14 (a) STATEMENTS OF POLICY.—

15 (1) IN GENERAL.—It shall be the policy of the

16 United States to use its voice, vote, and influence at

17 the United Nations to—

18 (A) pursue a streamlined, efficient, and ac19 countable regular assessed budget of the United

20 Nations; and

21 (B) shift funding mechanisms of certain

22 organizational programs of the United Nations

23 specified under paragraph (4) from the regular

24 assessed budget to voluntarily funded programs.


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H.L.C.

1 (2) UNITED STATES CONTRIBUTIONS.—It shall

2 be the policy of the United States to—

3 (A) redirect United States contributions to

4 the United Nations to achieve the policy objec5 tives described in paragraph (1)(B); and

6 (B) redirect a portion of funds from the

7 following organizational programs to pursue the

8 policy objectives described in paragraph (1)(A):

9 (i) Public Information.

10 (ii) General Assembly affairs and con11 ference services.

12 (3) FUTURE BIENNIUM BUDGETS.—It shall be

13 the policy of the United States to use its voice, vote,

14 and influence at the United Nations to ensure that

15 future biennial budgets of the United Nations, as

16 agreed to by the General Assembly, reflect the shift

17 in funding mechanisms described in paragraph

18 (1)(B) and the redirection of funds described in

19 paragraph (2).

20 (4) CERTAIN ORGANIZATIONAL PROGRAMS.—

21 The organizational programs referred to in para22 graph (1)(B) are the following:

23 (A) Economic and social affairs.


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H.L.C.

1 (B) Least-developed countries, landlocked

2 developing countries and small island devel3 oping States.

4 (C) United Nations support for the New

5 Partnership for Africa’s Development.

6 (D) Trade and development.

7 (E) International Trade Center UNCTAD/

8 WTO.

9 (F) Environment.

10 (G) Human settlements.

11 (H) Crime prevention and criminal justice.

12 (I) International drug control.

13 (J) Economic and social development in

14 Africa.

15 (K) Economic and social development in

16 Asia and the Pacific.

17 (L) Economic development in Europe.

18 (M) Economic and social development in in

19 Latin America and the Caribbean.

20 (N) Economic and social development in

21 Western Asia.

22 (O) Regular program of technical coopera23 tion.

24 (P) Development account.


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1 (Q) Protection of and assistance to refu2 gees.

3 (R) Palestine refugees.

4 (b) AUTHORIZATION WITH RESPECT TO THE REG5 ULAR ASSESSED BUDGET OF THE UNITED NATIONS.—

6 Subject to the amendment made by subsection (c), the

7 Secretary of State is authorized to make contributions to8 ward the amount assessed to the United States by the

9 United Nations for the purpose of funding the regular as10 sessed budget of the United Nations.

11 (c) UNITED STATES FINANCIAL CONTRIBUTIONS TO

12 THE UNITED NATIONS.—Section 11 of the United Na13 tions Participation Act of 1945 (22 U.S.C. 287e-3) is

14 amended to read as follows:

15 ‘‘SEC. 11. UNITED STATES FINANCIAL CONTRIBUTIONS TO

16 THE UNITED NATIONS.

17 ‘‘(a) POLICY OF THE UNITED STATES RELATING TO

18 THE REGULAR ASSESSED BUDGET OF THE UNITED NA19 TIONS.—

20 ‘‘(1) IN GENERAL.—The President shall direct

21 the United States Permanent Representative to the

22 United Nations to use the voice, vote, and influence

23 of the United States at the United Nations to—


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H.L.C.

1 ‘‘(A) pursue a streamlined, efficient, and

2 accountable regular assessed budget of the

3 United Nations; and

4 ‘‘(B) shift funding mechanisms of certain

5 organizational programs of the United Nations

6 specified under paragraph (2) of subsection (c)

7 from the regular assessed budget to voluntarily

8 funded programs.

9 ‘‘(2) UNITED STATES CONTRIBUTIONS.—It

10 shall be the policy of the United States to—

11 ‘‘(A) redirect United States contributions

12 to the United Nations to achieve the policy ob13 jectives described in paragraph (1)(B); and

14 ‘‘(B) redirect a portion of funds from the

15 following organizational programs to pursue the

16 policy objectives described in paragraph (1)(A):

17 ‘‘(i) Public Information.

18 ‘‘(ii) General Assembly affairs and

19 conferences services.

20 ‘‘(3) FUTURE BIENNIUM BUDGETS.— The

21 President shall direct the United States Permanent

22 Representative to the United Nations to use the

23 voice, vote, and influence of the United States at the

24 United Nations to ensure that the shifting of fund25 ing mechanisms under paragraph (1)(B) and reVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00016 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 directing of contributions under paragraph (2) be re2 flected in future resolutions agreed to by the General

3 Assembly for the regular assessed budget of the

4 United Nations for the period of a current biennium.

5 To achieve the policies described in paragraphs (1)

6 and (2), the United States Permanent Representa7 tive to the United Nations shall withhold the support

8 of the United States for a consensus for such budget

9 until such time as such budget is reflective of such

10 policies.

11 ‘‘(b) 22 PERCENT LIMITATION.—In accordance with

12 section 601 of the United Nations Reform Act of 2005,

13 the Secretary may not make a contribution to a regularly

14 assessed biennial budget of the United Nations in an

15 amount greater than 22 percent of the amount calculable

16 under subsection (c).

17 ‘‘(c) ANNUAL DUES.—

18 ‘‘(1) IN GENERAL.—For annual dues paid by

19 the United States to the United Nations each fiscal

20 year, the percentage specified in subsection (b) shall

21 be multiplied by one-half of the amount of the regu22 larly assessed budget of the United Nations for a

23 current biennial period, as agreed to by resolution of

24 the General Assembly.


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H.L.C.

1 ‘‘(2) CALCULATION WITH RESPECT TO CERTAIN

2 ORGANIZATIONAL PROGRAMS FOR REDIRECTION.—

3 The percentage specified in subsection (b) shall be

4 multiplied by one-half of the sum of amounts budg5 eted by resolution of the General Assembly for a

6 current biennial period for the following certain or7 ganizational programs:

8 ‘‘(A) Economic and social affairs.

9 ‘‘(B) Least-developed countries, landlocked

10 developing countries and small island devel11 oping States.

12 ‘‘(C) United Nations support for the New

13 Partnership for Africa’s Development.

14 ‘‘(D) Trade and development.

15 ‘‘(E) International Trade Center

16 UNCTAD/WTO.

17 ‘‘(F) Environment.

18 ‘‘(G) Human settlements.

19 ‘‘(H) Crime prevention and criminal jus20 tice.

21 ‘‘(I) International drug control.

22 ‘‘(J) Economic and social development in

23 Africa.

24 ‘‘(K) Economic and social development in

25 Asia and the Pacific.


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H.L.C.

1 ‘‘(L) Economic development in Europe.

2 ‘‘(M) Economic and social development in

3 in Latin America and the Caribbean.

4 ‘‘(N) Economic and social development in

5 Western Asia.

6 ‘‘(O) Regular program of technical co7 operation.

8 ‘‘(P) Development account.

9 ‘‘(Q) Protection of and assistance to refu10 gees.

11 ‘‘(R) Palestine refugees.

12 ‘‘(3) REDIRECTION OF FUNDS.—Of amounts

13 appropriated for contributions towards payment of

14 regular assessed dues to the United Nations for

15 2008 and each subsequent year, if the funding

16 mechanisms of one or more of the organizational

17 programs of the United Nations specified in para18 graph (2) have not been shifted from the regular as19 sessed budget to voluntarily funded programs in ac20 cordance with subsection (a)(1), the Secretary shall

21 ensure that such amounts in each such fiscal year

22 that are specified for each such organizational pro23 gram pursuant to the resolution agreed to by the

24 General Assembly for the regular assessed budget of

25 the United Nations for the period of a current bienVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00019 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 nium are redirected from payment of the assessed

2 amount for the regular assessed budget as follows:

3 ‘‘(A) Subject to not less than 30 days prior

4 notification to Congress, the Secretary shall ex5 pend an amount, not to exceed 40 percent of

6 the amount specified for each such organiza7 tional program pursuant to the resolution

8 agreed to by the General Assembly for the reg9 ular assessed budget of the United Nations for

10 the period of a current biennium, as a contribu11 tion to an eligible organizational program speci12 fied in paragraph (4).

13 ‘‘(B) Subject to not less than 30 days prior

14 notification to Congress, the Secretary shall ex15 pend the remaining amounts under this para16 graph to voluntarily funded United Nations spe17 cialized agencies, funds, or programs.

18 ‘‘(4) ELIGIBLE ORGANIZATIONAL PROGRAMS.—

19 The eligible organizational programs referred to in

20 paragraph (3)(A) for redirection of funds under such

21 paragraph are the following:

22 ‘‘(A) Internal oversight.

23 ‘‘(B) Human rights.

24 ‘‘(C) Humanitarian assistance.


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H.L.C.

1 ‘‘(D) An organizational program specified

2 in subparagraphs (A) through (P) of paragraph

3 (2), subject to paragraph (5).

4 ‘‘(5) EXPENDITURE OF REMAINING AMOUNTS

5 TO CERTAIN ORGANIZATION PROGRAMS.—

6 ‘‘(A) VOLUNTARY CONTRIBUTION.—Sub7 ject to not less than 30 days prior notification

8 to Congress and the limitation specified under

9 subparagraph (B), the Secretary is authorized

10 to make a voluntary contribution to an organi11 zational program of the United Nations speci12 fied in subparagraphs (A) through (P) of para13 graph (2) of any amounts not contributed in a

14 fiscal year to an eligible organizational program

15 specified in subparagraphs (A) through (C) of

16 paragraph (4).

17 ‘‘(B) 10 PERCENT LIMITATION.—A vol18 untary contribution under subparagraph (A) to

19 an organizational program of the United Na20 tions specified in subparagraphs (A) through

21 (P) of paragraph (2) may not exceed 10 percent

22 of the total contribution made under paragraph

23 (3)(A).


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H.L.C.

1 ‘‘(d) FURTHER CALCULATION WITH RESPECT TO

2 BUDGETS FOR PUBLIC INFORMATION AND GENERAL AS3 SEMBLY AFFAIRS AND CONFERENCE SERVICES.—

4 ‘‘(1) 22 PERCENT LIMITATION.—The Secretary

5 may not make a contribution to a regularly assessed

6 biennial budget of the United Nations in an amount

7 greater than 22 percent of the amount calculable

8 under paragraph (2).

9 ‘‘(2) ANNUAL DUES EACH FISCAL YEAR.—

10 ‘‘(A) IN GENERAL.—For annual dues paid

11 by the United States to the United Nations

12 each fiscal year, the percentage specified in

13 paragraph (1) shall be multiplied by one-half of

14 the amount of the regularly assessed budget of

15 the United Nations for a current biennial pe16 riod, as agreed to by resolution of the General

17 Assembly.

18 ‘‘(B) CALCULATION WITH RESPECT TO

19 PUBLIC INFORMATION AND GENERAL ASSEMBLY

20 AFFAIRS AND CONFERENCE SERVICES.—With

21 respect to such United States annual dues, the

22 percentage specified in paragraph (1) shall be

23 multiplied by one-half of the sum of amounts

24 budgeted by resolution of the General Assembly


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H.L.C.

1 for the 2004–2005 biennial period for the fol2 lowing organizational programs:

3 ‘‘(i) Public Information.

4 ‘‘(ii) General Assembly affairs and

5 conferences services.

6 ‘‘(C) REDIRECTION OF FUNDS.—

7 ‘‘(i) IN GENERAL.—The President

8 shall direct the United States Permanent

9 Representative to the United Nations to

10 make every effort, including the with11 holding of United States support for a con12 sensus budget of the United Nations, to

13 reduce the budgets of the organizational

14 programs specified in subparagraph (B)

15 for 2007 by ten percent against the budg16 ets of such organizational programs for the

17 2004–2005 biennial period. If the budgets

18 of such organizational programs are not so

19 reduced, 20 percent the amount deter20 mined under subparagraph (B) for con21 tributions towards payment of regular as22 sessed dues for 2007 shall be redirected

23 from payment for the amount assessed for

24 United States annual contributions to the


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H.L.C.

1 regular assessed budget of the United Na2 tions.

3 ‘‘(ii) SPECIFIC AMOUNTS.—The Sec4 retary shall make the amount determined

5 under clause (i) available as a contribution

6 to an eligible organizational program speci7 fied in subparagraphs (A) through (C) of

8 paragraph (4) of subsection (c).

9 ‘‘(3) POLICY WITH RESPECT TO 2008–2009 BIEN10 NIAL PERIOD AND SUBSEQUENT BIENNIAL PERI11 ODS.—

12 ‘‘(A) IN GENERAL.—The President shall

13 direct the United States Permanent Represent14 ative to the United Nations to make every ef15 fort, including the withholding of United States

16 support for a consensus budget of the United

17 Nations, to reduce the budgets of the organiza18 tional programs specified in subparagraph (B)

19 of paragraph (2) for the 2008–2009 biennial

20 period and each subsequent biennial period by

21 20 percent against the budgets of such organi22 zational programs for the 2004–2005 biennial

23 period.

24 ‘‘(B) CERTIFICATION.—In accordance with

25 section 601, a certification shall be required


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H.L.C.

1 that certifies that the reduction in budgets de2 scribed in subparagraph (A) has been imple3 mented.’’.

4 (d) EFFECTIVE DATE.—The amendment made by

5 subsection (c) shall take effect and apply beginning on Oc6 tober 1, 2006.

7 SEC. 102. WEIGHTED VOTING.

8 It shall be the policy of the United States to actively

9 pursue weighted voting with respect to all budgetary and

10 financial matters in the Administrative and Budgetary

11 Committee and in the General Assembly in accordance

12 with the level of the financial contribution of a Member

13 State to the regular assessed budget of the United Na14 tions.

15 SEC. 103. BUDGET CERTIFICATION REQUIREMENTS.

16 (a) CERTIFICATION.—In accordance with section

17 601, a certification shall be required that certifies that the

18 conditions described in subsection (b) have been satisfied.

19 (b) CONDITIONS.—The conditions under this sub20 section are the following:

21 (1) NEW BUDGET PRACTICES FOR THE UNITED

22 NATIONS.—The United Nations is implementing

23 budget practices that—

24 (A) require the maintenance of a budget

25 not in excess of the level agreed to by the GenVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00025 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 eral Assembly at the beginning of each United

2 Nations budgetary biennium, unless increases

3 are agreed to by consensus and do not exceed

4 ten percent; and

5 (B) require the identification of expendi6 tures by the United Nations by functional cat7 egories such as personnel, travel, and equip8 ment.

9 (2) PROGRAM EVALUATION.—

10 (A) EXISTING AUTHORITY.—The Secretary

11 General and the Director General of each spe12 cialized agency have used their existing authori13 ties to require program managers within the

14 United Nations Secretariat and the Secretariats

15 of the specialized agencies to conduct evalua16 tions in accordance with the standardized meth17 odology referred to in subparagraph (B) of—

18 (i) United Nations programs approved

19 by the General Assembly; and

20 (ii) programs of the specialized agen21 cies.

22 (B) DEVELOPMENT OF EVALUATION CRI23 TERIA.—

24 (i) UNITED NATIONS.—The Office of

25 Internal Oversight Services has developed


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1 a standardized methodology for the evalua2 tion of United Nations programs approved

3 by the General Assembly, including specific

4 criteria for determining the continuing rel5 evance and effectiveness of the programs.

6 (ii) SPECIALIZED AGENCIES.—Pat7 terned on the work of the Office of Inter8 nal Oversight Services of the United Na9 tions, each specialized agency has devel10 oped a standardized methodology for the

11 evaluation of the programs of the agency,

12 including specific criteria for determining

13 the continuing relevance and effectiveness

14 of the programs.

15 (C) REPORT.—The Secretary General is

16 assessing budget requests and, on the basis of

17 evaluations conducted under subparagraph (B)

18 for the relevant preceding year, submits to the

19 General Assembly a report containing the re20 sults of such evaluations, identifying programs

21 that have satisfied the criteria for continuing

22 relevance and effectiveness, and an identifica23 tion of programs that have not satisfied such

24 criteria and should be terminated.


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1 (D) SUNSET OF PROGRAMS.—Consistent

2 with the July 16, 1997, recommendations of the

3 Secretary General regarding a sunset policy and

4 results-based budgeting for United Nations pro5 grams, the United Nations and each specialized

6 agency has established and is implementing

7 procedures to require all new programs ap8 proved by the General Assembly to have a spe9 cific sunset date.

10 SEC. 104. ACCOUNTABILITY.

11 (a) CERTIFICATION OF CREATION OF INDEPENDENT

12 OVERSIGHT BOARD.—In accordance with section 601, a

13 certification shall be required that certifies that the fol14 lowing reforms related to the establishment of an Inde15 pendent Oversight Board (IOB) have been adopted by the

16 United Nations:

17 (1) An IOB is established from existing United

18 Nations budgetary and personnel resources. Except

19 as provided in this subsection, the IOB shall be an

20 independent entity within the United Nations and

21 shall not be subject to budget authority or organiza22 tional authority of any entity within the United Na23 tions.

24 (2) The head of the IOB shall be a Director,

25 who shall be nominated by the Secretary General


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1 and who shall be subject to Security Council ap2 proval by a majority vote. The IOB shall also consist

3 of four other board members who shall be nominated

4 by the Secretary General and subject to Security

5 Council approval by a majority vote. The IOB shall

6 be responsible to the Security Council and the Direc7 tor and board members shall each serve terms of six

8 years, except that the terms of the initial board shall

9 be staggered so that no more than two board mem10 bers’ terms will expire in any one year. No board

11 member may serve more than two terms. An IOB

12 board member may be removed for cause by a ma13 jority vote of the Security Council. The Director

14 shall appoint a professional staff headed by a Chief

15 of Staff and may employ contract staff as needed.

16 (3) The IOB shall receive operational and budg17 etary funding through appropriations by the General

18 Assembly from existing levels of United Nations

19 budgetary and personnel resources, and shall not be

20 dependent upon any other entity, bureau, division,

21 department, or specialized agency of the United Na22 tions for such funding.

23 (4) While the IOB shall have the authority to

24 evaluate all operations of the United Nations, the

25 primary mission of the IOB is to oversee the Office


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1 of Internal Oversight Services and the Board of Ex2 ternal Auditors. The IOB may direct the Office of

3 Internal Oversight Services or the Board of External

4 Auditors to initiate, abandon, or modify the scope of

5 an investigation. Every three months or more fre6 quently when appropriate, the IOB shall submit, as

7 appropriate, to the Secretary General, the Security

8 Council, the General Assembly, or the Economic and

9 Social Council a report on its activities, relevant ob10 servations, and recommendations relating to its

11 audit operations, including information relating to

12 the inventory and status of investigations by the Of13 fice of Internal Oversight Services.

14 (5) In extraordinary circumstances and with the

15 concurrence of the Secretary General or the Security

16 Council by majority vote, the IOB may augment the

17 Office of Internal Oversight Services with a special

18 investigator and staff consisting of individuals who

19 are not employees of the United Nations, to inves20 tigate matters involving senior officials of the United

21 Nations or of its specialized agencies when allega22 tions of serious misconduct have been made and

23 such a special investigation is necessary to maintain

24 public confidence in the integrity of the investiga25 tion. A special investigator and staff shall comply


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1 with all United Nations financial disclosure and con2 flict of interest rules, including the filing of an indi3 vidual Annual Financial Disclosure Form in accord4 ance with subsection (c).

5 (6) The IOB shall recommend annual budgets

6 for the Office of Internal Oversight Services and the

7 Board of External Auditors.

8 (b) CERTIFICATION OF UNITED NATIONS REFORMS

9 OF THE OFFICE OF INTERNAL OVERSIGHT SERVICES.—

10 In accordance with section 601, a certification shall be re11 quired that certifies that the following reforms related to

12 the Office of Internal Oversight Services (OIOS) have

13 been adopted by the United Nations:

14 (1) The OIOS is designated as an independent

15 entity within the United Nations. The OIOS shall

16 not be subject to budget authority or organizational

17 authority of any entity within the United Nations

18 except as provided in this section.

19 (2) The regular assessed budget of the United

20 Nations shall fully fund the Internal Oversight

21 Budget from existing levels of United Nations budg22 etary and personnel resources and shall not be de23 pendent upon any other entity, bureau, division, de24 partment, or specialized agency of the United Na25 tions for such funding.


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1 (3) All United Nations officials, including offi2 cials from any entity, bureau, division, department,

3 or specialized agency of the United Nations, may—

4 (A) make a recommendation to the OIOS

5 to initiate an investigation of any aspect of the

6 United Nations; or

7 (B) report to the OIOS information or al8 legations of misconduct or inefficiencies within

9 the United Nations.

10 (4) The OIOS may, sua sponte, initiate and

11 conduct an investigation or audit of any entity, bu12 reau, division, department, specialized agency, em13 ployee (including the Secretary General) of the

14 United Nations, including any employee of the spe15 cialized agencies of the United Nations, or con16 tractor or consultant for the United Nations or its

17 specialized agencies.

18 (5) At least every three months and more fre19 quently when appropriate, the OIOS shall submit to

20 the IOB a report containing an inventory and status

21 of its investigations.

22 (6) The OIOS shall establish procedures for

23 providing ‘‘whistle-blower’’ status and employment

24 protections for all employees of the United Nations,

25 including employees of the specialized agencies of


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1 the United Nations, who provide informational leads

2 and testimony related to allegations of wrongdoing.

3 Such procedures shall be adopted throughout the

4 United Nations. Such status and protection may not

5 be conferred on the Secretary General.

6 (7) The OIOS shall annually publish a public

7 report determining the proper number, distribution,

8 and expertise of auditors within the OIOS necessary

9 to carry out present and future duties of the OIOS,

10 including assessing the staffing requirements needed

11 to audit United Nations contracting activities

12 throughout the contract cycle from the bid process

13 to contract performance.

14 (8) Not later than six months after the date of

15 the enactment of this Act, the Director shall estab16 lish a position of Associate Director of OIOS for

17 Specialized Agencies and Funds and Programs who

18 shall be responsible for supervising the OIOS liaison

19 or oversight duties for each of the specialized agen20 cies and funds and programs of the United Nations.

21 With the concurrence of the Director, the Associate

22 Director of OIOS for Specialized Agencies and

23 Funds and Programs may, from existing levels of

24 United Nations budgetary and personnel resources,

25 hire and appoint necessary OIOS staff, including


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1 staff serving within and located at specialized agen2 cies and funds and programs permanently or as

3 needed to liaison with existing audit functions within

4 each specialized agency and fund and program.

5 (9) Not later than six months after the date of

6 the enactment of this Act, the Director shall estab7 lish a position of Associate Director of OIOS for

8 Peacekeeping Operations, who shall be responsible

9 for the oversight and auditing of the field offices at10 tached to United Nations peacekeeping operations.

11 The Associate Director of OIOS for Peacekeeping

12 Operations shall receive informational leads and tes13 timony from any person regarding allegations of

14 wrongdoing by United Nations officials or peace15 keeping troops or regarding inefficiencies associated

16 with United Nations peacekeeping operations. The

17 Associate Director of OIOS for Peacekeeping Oper18 ations shall be responsible for initiating, conducting,

19 and overseeing investigations within peacekeeping

20 operations.

21 (10) Not later than six months after the date

22 of the enactment of this Act, the Director shall es23 tablish a position of Associate Director of OIOS for

24 Procurement and Contract Integrity, who shall be

25 responsible for auditing and inspecting procurement


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1 and contracting win the United Nations, including

2 within the specialized agencies. The Associate Direc3 tor of OIOS for Procurement and Contract Integrity

4 shall receive informational leads and testimony from

5 any person regarding allegations of wrongdoing by

6 United Nations officials or regarding inefficiencies

7 associated with United Nations procurement or con8 tracting activities. The Associate Director of OIOS

9 for Procurement and Contract Integrity shall be re10 sponsible for initiating, conducting, and overseeing

11 investigations of procurement and contract activities.

12 Not later than 12 months after the establishment of

13 the position of Associate Director of OIOS for Pro14 curement and Contract Integrity, the Director, with

15 the assistance of the Associate Director of OIOS for

16 Procurement and Contract Integrity, shall undertake

17 a review of contract procedures to ensure that prac18 tices and policies are in place to ensure that—

19 (A) the United Nations has ceased issuing

20 single bid contracts except for such contracts

21 issued during an emergency situation that is

22 justified by the Under Secretary General for

23 Management;


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1 (B) the United Nations has established ef2 fective controls to prevent conflicts of interest

3 in the award of contracts; and

4 (C) the United Nations has established ef5 fective procedures and policies to ensure effec6 tive and comprehensive oversight and moni7 toring of United Nations contract performance.

8 (c) CERTIFICATION OF ESTABLISHMENT OF UNITED

9 NATIONS OFFICE OF ETHICS.—In accordance with sec10 tion 601, a certification shall be required that certifies

11 that the following reforms related to the establishment of

12 a United Nations Office of Ethics have been adopted by

13 the United Nations:

14 (1) A United Nations Office of Ethics (UNOE)

15 is established. The UNOE shall be an independent

16 entity within the United Nations and shall not be

17 subject to budget authority or organizational author18 ity of any entity within the United Nations. The

19 UNEO shall be responsible for establishing, man20 aging, and enforcing a code of ethics for all employ21 ees of United Nations and its specialized agencies.

22 The UNEO shall also be responsible for providing

23 such employees with annual training related to such

24 code. The head of the UNEO shall be a Director

25 who shall be nominated by the Secretary General


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1 and who shall be subject to Security Council ap2 proval by majority vote.

3 (2) The UNEO shall receive operational and

4 budgetary funding through appropriations by the

5 General Assembly from existing levels of United Na6 tions budgetary and personnel resources and shall

7 not be dependent upon any other entity, bureau, di8 vision, department, or specialized agency of the

9 United Nations for such funding.

10 (3) The Director of the UNEO shall, not later

11 than six months after the date of its establishment,

12 publish a report containing proposals for imple13 menting a system for the filing and review of indi14 vidual Annual Financial Disclosure Forms by each

15 employee of the United Nations, including by each

16 employee of its specialized agencies, at the P–5 level

17 and above and by all contractors and consultants

18 compensated at any salary level. Such system shall

19 be in place and operational not later than six

20 months after the date of the publication of the re21 port. Such completed forms shall be made available

22 to the Office of Internal Oversight Services at the

23 request of the Director of the Office of Internal

24 Oversight Services. Such system shall seek to iden25 tify and prevent conflicts of interest by United NaVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00037 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 tions employees and shall be comparable to the sys2 tem used for such purposes by the United States

3 Government. Such report shall also address broader

4 reforms of the ethics program for the United Na5 tions, including—

6 (A) the effect of the establishment of eth7 ics officers throughout all organizations within

8 the United Nations;

9 (B) the effect of retention by the UNEO of

10 Annual Financial Disclosure Forms;

11 (C) proposals for making completed An12 nual Financial Disclosure Forms available to

13 the public on request through their Member

14 State’s mission to the United Nations;

15 (D) proposals for annual disclosure to the

16 public of information related to the annual sala17 ries and payments, including pension payments

18 and buyouts, of employees of the United Na19 tions, including employees of its specialized

20 agencies, and of consultants;

21 (E) proposals for annual disclosure to the

22 public of information related to per diem rates

23 for all bureaus, divisions, departments, or spe24 cialized agencies within the United Nations;


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H.L.C.

1 (F) proposals for disclosure upon request

2 by the Ambassador of a Member State of infor3 mation related to travel and per diem payments

4 made from United Nations funds to any person;

5 and

6 (G) proposals for annual disclosure to the

7 public of information related to travel and per

8 diem rates and payments made from United

9 Nations funds to any person.

10 (d) CERTIFICATION OF UNITED NATIONS ESTAB11 LISHMENT OF POSITION OF CHIEF OPERATING OFFI12 CER.—In accordance with section 601, a certification shall

13 be required that certifies that the following reforms re14 lated to the establishment of the position of a Chief Oper15 ating Officer have been adopted by the United Nations:

16 (1) There is established the position of Chief

17 Operating Officer (COO). The COO shall report to

18 the Secretary General.

19 (2) The COO shall be responsible for formu20 lating general policies and programs for the United

21 Nations in coordination with the Secretary General

22 and in consultation with the Security Council and

23 the General Assembly. The COO shall be responsible

24 for the daily administration, operation and super25 vision, and the direction and control of the business


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H.L.C.

1 of the United Nations. The Chief Operating Officer

2 shall also perform such other duties and may exer3 cise such other powers as from time to time may be

4 assigned to the COO by the Secretary General.

5 (e) CERTIFICATION OF ACCESS BY MEMBER STATES

6 TO REPORTS AND AUDITS BY BOARD OF EXTERNAL

7 AUDITORS.—In accordance with section 601, a certifi8 cation shall be required that certifies that Member States

9 may, upon request, have access to all reports and audits

10 completed by the Board of External Auditors.

11 SEC. 105. TERRORISM AND THE UNITED NATIONS.

12 The President shall direct the United States Perma13 nent Representative to the United Nations to use the

14 voice, vote, and influence of the United States at the

15 United Nations to work toward adoption by the General

16 Assembly of—

17 (1) a definition of terrorism that builds upon

18 the recommendations of the Secretary General’s

19 High-Level Panel on Threats, Challenges, and

20 Change, and includes as an essential component of

21 such definition any action that is intended to cause

22 death or serious bodily harm to civilians with the

23 purpose of intimidating a population or compelling a

24 government or an international organization to do,

25 or abstain from doing, any act; and


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1 (2) a comprehensive convention on terrorism

2 that includes the definition described in paragraph

3 (1).

4 SEC. 106. UNITED NATIONS TREATY BODIES.

5 The United States shall withhold from United States

6 contributions to the regular assessed budget of the United

7 Nations for a biennial period amounts that are propor8 tional to the percentage of such budget that are expended

9 with respect to a United Nations human rights treaty

10 monitoring body or committee that was established by—

11 (1) a convention (without any protocols) or an

12 international covenant (without any protocols) to

13 which the United States is not party; or

14 (2) a convention, with a subsequent protocol, if

15 the United States is a party to neither.

16 SEC. 107. EQUALITY AT THE UNITED NATIONS.

17 (a) INCLUSION OF ISRAEL IN WEOG.—

18 (1) IN GENERAL.—The President shall direct

19 the United States Permanent Representative to the

20 United Nations to use the voice, vote, and influence

21 of the United States to expand the Western Euro22 pean and Others Group (WEOG) in the United Na23 tions to include Israel as a permanent member with

24 full rights and privileges.


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1 (2) NOTIFICATION TO CONGRESS.—Not later

2 than six months after the date of the enactment of

3 this Act and every six months thereafter for the next

4 two years, the Secretary of State shall notify the ap5 propriate congressional committees concerning the

6 treatment of Israel in the United Nations and the

7 expansion of WEOG to include Israel as a perma8 nent member.

9 (b) DEPARTMENT OF STATE REVIEW AND RE10 PORT.—

11 (1) IN GENERAL.—To avoid duplicative efforts

12 and funding with respect to Palestinian interests

13 and to ensure balance in the approach to Israeli–

14 Palestinian issues, the Secretary shall, not later than

15 60 days after the date of the enactment of this

16 Act—

17 (A) conduct an audit of the functions of

18 the entities listed in paragraph (2); and

19 (B) submit to the appropriate congres20 sional committees a report containing rec21 ommendations for the elimination of such dupli22 cative entities and efforts.

23 (2) ENTITIES.—The entities referred to in

24 paragraph (1) are the following:


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1 (A) The United Nations Division for Pales2 tinian Rights.

3 (B) The Committee on the Exercise of the

4 Inalienable Rights of the Palestinian People.

5 (C) The United Nations Special Coordi6 nator for the Middle East Peace Process and

7 Personal Representative to the Palestine Lib8 eration Organization and the Palestinian Au9 thority.

10 (D) The NGO Network on the Question of

11 Palestine.

12 (c) IMPLEMENTATION BY PERMANENT REPRESENTA13 TIVE.—

14 (1) IN GENERAL.—The President shall direct

15 the United States Permanent Representative to the

16 United Nations to use the voice, vote, and influence

17 of the United States at the United Nations to seek

18 the implementation of the recommendations con19 tained in the report required under subsection

20 (b)(1).

21 (2) WITHHOLDING OF FUNDS.—Until such rec22 ommendations have been implemented, the United

23 States shall withhold from United States contribu24 tions to the regular assessed budget of the United

25 Nations for a biennial period amounts that are proVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00043 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 portional to the percentage of such budget that are

2 expended for such entities.

3 (d) GAO AUDIT.—The Comptroller General of the

4 United States of the Government Accountability Office

5 shall conduct an audit of—

6 (1) the status of the implementation of the rec7 ommendations contained in the report required

8 under subsection (b)(1); and

9 (2) United States actions and achievements

10 under subsection (c).

11 SEC. 108. REPORT ON UNITED NATIONS REFORM.

12 (a) IN GENERAL.—Not later than 180 days after the

13 date of the enactment of this Act, and one year thereafter,

14 the Secretary shall submit to the appropriate congres15 sional committees a report on United Nations reform since

16 1990.

17 (b) CONTENTS.—The report required under para18 graph (1) shall describe—

19 (1) the status of the implementation of manage20 ment reforms within the United Nations and its spe21 cialized agencies;

22 (2) the number of outputs, reports, or other

23 items generated by General Assembly resolutions

24 that have been eliminated;


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1 (3) the progress of the General Assembly to

2 modernize and streamline the committee structure

3 and its specific recommendations on oversight and

4 committee outputs, consistent with the March 2005

5 report of the Secretary General entitled ‘‘In larger

6 freedom: towards development, security and human

7 rights for all’’;

8 (4) the status of the review by the General As9 sembly of all mandates older than five years and

10 how resources have been redirected to new chal11 lenges, consistent with such March 2005 report of

12 the Secretary General; and

13 (5) the continued utility and relevance of the

14 Economic and Financial Committee and the Social,

15 Humanitarian, and Cultural Committee, in light of

16 the duplicative agendas of those committees and the

17 Economic and Social Council.

18 SEC. 109. REPORT ON UNITED NATIONS PERSONNEL.

19 (a) IN GENERAL.—Not later than one year after the

20 date of the enactment of this Act, the Secretary of State

21 shall submit to the appropriate congressional committees

22 a report—

23 (1) concerning the progress of the General As24 sembly to modernize human resource practices, con25 sistent with the March 2005 report of the Secretary


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1 General entitled ‘‘In larger freedom: towards devel2 opment, security and human rights for all’’; and

3 (2) containing the information described in sub4 section (b).

5 (b) CONTENTS.—The report shall include—

6 (1) a comprehensive evaluation of human re7 sources reforms at the United Nations, including an

8 evaluation of—

9 (A) tenure;

10 (B) performance reviews;

11 (C) the promotion system;

12 (D) a merit-based hiring system and en13 hanced regulations concerning termination of

14 employment of employees; and

15 (E) the implementation of a code of con16 duct and ethics training.

17 (2) the implementation of a system of proce18 dures for filing complaints and protective measures

19 for work-place harassment, including sexual harass20 ment;

21 (3) policy recommendations relating to the es22 tablishment of a rotation requirement for non23 administrative positions;

24 (4) policy recommendations relating to the es25 tablishment of a prohibition preventing personnel


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1 and officials assigned to the mission of a Member

2 State to the United Nations from transferring to a

3 position within the United Nations Secretariat that

4 is compensated at the P–5 level and above;

5 (5) policy recommendations relating to a reduc6 tion in travel allowances and attendant oversight

7 with respect to accommodations and airline flights;

8 and

9 (6) an evaluation of the recommendations of the

10 Secretary General relating to greater flexibility for

11 the Secretary General in staffing decisions to accom12 modate changing priorities.

13 TITLE II—HUMAN RIGHTS AND

14 THE ECONOMIC AND SOCIAL

15 COUNCIL (ECOSOC)

16 SEC. 201. HUMAN RIGHTS.

17 (a) STATEMENT OF POLICY.—It shall be the policy

18 of the United States to use its voice, vote, and influence

19 at the United Nations to ensure that a credible and re20 spectable Human Rights Council or other human rights

21 body is established within the United Nations whose par22 ticipating Member States uphold the values embodied in

23 the Universal Declaration of Human Rights.

24 (b) HUMAN RIGHTS REFORMS AT THE UNITED NA25 TIONS.—The President shall direct the United States PerVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00047 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 manent Representative to the United Nations to ensure

2 that the following human rights reforms have been adopt3 ed by the United Nations:

4 (1) A Member State that fails to uphold the

5 values embodied in the Universal Declaration of

6 Human Rights shall be ineligible for membership on

7 any United Nations human rights body.

8 (2) A Member State shall be ineligible for mem9 bership on any United Nations human rights body

10 if such Member State is—

11 (A) subject to sanctions by the Security

12 Council; or

13 (B) under a Security Council-mandated in14 vestigation for human rights abuses.

15 (3) A Member State that is currently subject to

16 an adopted country specific resolution, in the prin17 cipal body in the United Nations for the promotion

18 and protection of human rights, relating to human

19 rights abuses perpetrated by the government of such

20 country in such country, or has been the subject of

21 such an adopted country specific resolution in such

22 principal body within the previous three years, shall

23 be ineligible for membership on any United Nations

24 human rights body. For purposes of this subsection,


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1 an adopted country specific resolution shall not in2 clude consensus resolutions on advisory services.

3 (4) A Member State that violates the principles

4 of a United Nations human rights body to which it

5 aspires to join shall be ineligible for membership on

6 such body.

7 (5) No human rights body has a standing agen8 da item that relates only to one country or region.

9 (c) CERTIFICATION.—In accordance with section

10 601, a certification shall be required that certifies that the

11 human rights reforms described under subsection (b) have

12 been adopted by the United Nations.

13 (d) PREVENTION OF ABUSE OF ‘‘NO ACTION’’ MO14 TIONS.—The United States Permanent Representative

15 shall work to prevent abuse of ‘‘no action’’ motions, par16 ticularly as such motions relate to country specific resolu17 tions.

18 (e) OFFICE OF THE UNITED NATIONS HIGH COMMIS19 SIONER FOR HUMAN RIGHTS.—

20 (1) STATEMENT OF POLICY.—It shall be the

21 policy of the United States to continue to strongly

22 support the Office of the United Nations High Com23 missioner for Human Rights.

24 (2) CERTIFICATION.—In accordance with sec25 tion 601, a certification shall be required that cerVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00049 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 tifies that the Office of the United Nations High

2 Commissioner for Human Rights has been given

3 greater authority in field operation activities, such

4 as in the Darfur region of Sudan and in the Demo5 cratic Republic of the Congo, in furtherance of the

6 purpose and mission of the United Nations.

7 SEC. 202. ECONOMIC AND SOCIAL COUNCIL (ECOSOC).

8 (a) STATEMENT OF POLICY.—It shall be the policy

9 of the United States to use its voice, vote, and influence

10 at the United Nations to—

11 (1) abolish secret voting in the Economic and

12 Social Council (ECOSOC);

13 (2) ensure that, until such time as the Commis14 sion on Human Rights of the United Nations is

15 abolished, only countries that are not ineligible for

16 membership on a human rights body in accordance

17 with paragraph (1) through (4) of section 201(b)

18 shall be considered for membership on the Commis19 sion on Human Rights; and

20 (3) ensure that after candidate countries are

21 nominated for membership on the Commission on

22 Human Rights, the Economic and Social Council

23 conducts a recorded vote to determine such member24 ship.


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1 (b) CERTIFICATION.—In accordance with section

2 601, a certification shall be required that certifies that the

3 policies described in subsection (a) have been implemented

4 by the Economic and Social Council.

5 TITLE III—INTERNATIONAL

6 ATOMIC ENERGY AGENCY

7 SEC. 301. INTERNATIONAL ATOMIC ENERGY AGENCY.

8 (a) ENFORCEMENT AND COMPLIANCE.—

9 (1) OFFICE OF COMPLIANCE.—

10 (A) ESTABLISHMENT.—The President

11 shall direct the United States Permanent Rep12 resentative to International Atomic Energy

13 Agency (IAEA) to use the voice, vote, and influ14 ence of the United States at the IAEA to estab15 lish an Office of Compliance in the Secretariat

16 of the IAEA.

17 (B) OPERATION.—The Office of Compli18 ance shall—

19 (i) function as an independent body

20 composed of technical experts who shall

21 work in consultation with IAEA inspectors

22 to assess compliance by IAEA Member

23 States and provide recommendations to the

24 IAEA Board of Governors concerning pen25 alties to be imposed on IAEA Member


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1 States that fail to fulfill their obligations

2 under IAEA Board resolutions;

3 (ii) base its assessments and rec4 ommendations on IAEA inspection reports;

5 and

6 (iii) shall take into consideration in7 formation provided by IAEA Board Mem8 bers that are one of the five nuclear weap9 ons states as recognized by the Treaty on

10 the Non-Proliferation of Nuclear Weapons

11 (21 UST 483) (commonly referred to as

12 the ‘‘Nuclear Nonproliferation Treaty’’ or

13 the ‘‘NPT’’).

14 (C) STAFFING.—The Office of Compliance

15 shall be staffed from existing personnel in the

16 Department of Safeguards of the IAEA or the

17 Department of Nuclear Safety and Security of

18 the IAEA.

19 (2) SPECIAL COMMITTEE ON SAFEGUARDS AND

20 VERIFICATION.—

21 (A) ESTABLISHMENT.—The President

22 shall direct the United States Permanent Rep23 resentative to the IAEA to use the voice, vote,

24 and influence of the United States at the IAEA


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1 to establish a Special Committee on Safeguards

2 and Verification.

3 (B) RESPONSIBILITIES.—The Special

4 Committee shall—

5 (i) improve the ability of the IAEA to

6 monitor and enforce compliance by Mem7 ber States of the IAEA with the Nuclear

8 Nonproliferation Treaty and the Statute of

9 the International Atomic Energy Agency;

10 and

11 (ii) consider which additional meas12 ures are necessary to enhance the ability of

13 the IAEA, beyond the verification mecha14 nisms and authorities contained in the Ad15 ditional Protocol to the Safeguards Agree16 ments between the IAEA and Member

17 States of the IAEA, to detect with a high

18 degree of confidence undeclared nuclear ac19 tivities by a Member State.

20 (3) PENALTIES.—

21 (A) IN GENERAL.—The President shall di22 rect the United States Permanent Representa23 tive to the IAEA to use the voice, vote, and in24 fluence of the United States at the IAEA to en25 sure that a Member State of the IAEA that is


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1 under investigation for a breach of or non2 compliance with its IAEA obligations or the

3 purposes and principles of the Charter of the

4 United Nations has its privileges suspended,

5 including—

6 (i) limiting its ability to vote on its

7 case;

8 (ii) being prevented from receiving

9 any technical assistance; and

10 (iii) being prevented from hosting

11 meetings.

12 (B) TERMINATION OF PENALTIES.—The

13 penalties specified under subparagraph (A)

14 shall be terminated when such investigation is

15 concluded and such Member State is no longer

16 in such breach or noncompliance.

17 (b) UNITED STATES CONTRIBUTIONS.—

18 (1) VOLUNTARY CONTRIBUTIONS.—Voluntary

19 contributions of the United States to the IAEA

20 should primarily be used to fund activities relating

21 to Nuclear Safety and Security or activities relating

22 to Nuclear Verification.

23 (2) LIMITATION ON USE OF FUNDS.—The

24 President shall direct the United States Permanent


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1 Representative to the IAEA to use the voice, vote,

2 and influence of the United States at the IAEA to—

3 (A) ensure that funds for safeguards in4 spections are prioritized for countries that have

5 newly established nuclear programs or are initi6 ating nuclear programs; and

7 (B) block the allocation of funds for any

8 other IAEA development, environmental, or nu9 clear science assistance or activity to a

10 country—

11 (i) the government of which the Sec12 retary of State has determined, for pur13 poses of section 6(j) of the Export Admin14 istration Act of 1979, section 620A of the

15 Foreign Assistance Act of 1961, section 40

16 of the Arms Export Control Act, or other

17 provision of law, is a government that has

18 repeatedly provided support for acts of

19 international terrorism and the government

20 of which the Secretary has determined has

21 not dismantled and surrendered its weap22 ons of mass destruction programs under

23 international verification;

24 (ii) that is under investigation for a

25 breach of or noncompliance with its IAEA


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1 obligations or the purposes and principles

2 of the Charter of the United Nations; or

3 (iii) that is in violation of its IAEA

4 obligations or the purposes and principles

5 of the Charter of the United Nations.

6 (3) DETAIL OF EXPENDITURES.—The Presi7 dent shall direct the United States Permanent Rep8 resentative to the IAEA to use the voice, vote, and

9 influence of the United States at the IAEA to se10 cure, as part of the regular budget presentation of

11 the IAEA to Member States of the IAEA, a detailed

12 breakdown by country of expenditures of the IAEA

13 for safeguards inspections and nuclear security ac14 tivities.

15 (c) MEMBERSHIP.—

16 (1) IN GENERAL.—The President shall direct

17 the United States Permanent Representative to the

18 IAEA to use the voice, vote, and influence of the

19 United States at the IAEA to block the membership

20 on the Board of Governors of the IAEA for a Mem21 ber State of the IAEA that has not signed and rati22 fied the Additional Protocol and—

23 (A) is under investigation for a breach of

24 or noncompliance with its IAEA obligations or


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1 the purposes and principles of the Charter of

2 the United Nations; or

3 (B) that is in violation of its IAEA obliga4 tions or the purposes and principles of the

5 Charter of the United Nations.

6 (2) CRITERIA.—The United States Permanent

7 Representative to the IAEA shall make every effort

8 to modify the criteria for Board membership to re9 flect the principles described in paragraph (1).

10 (d) REPORT.—Not later than six months after the

11 date of the enactment of this Act and annually for two

12 years thereafter, the President shall submit to the appro13 priate congressional committees a report on the implemen14 tation of this section.

15 SEC. 302. SENSE OF CONGRESS REGARDING THE NUCLEAR

16 SECURITY ACTION PLAN OF THE IAEA.

17 It is the sense of Congress that the national security

18 interests of the United States are enhanced by the Nuclear

19 Security Action Plan of the IAEA and the Board of Gov20 ernors should recommend, and the General Conference

21 should adopt, a resolution incorporating the Nuclear Secu22 rity Action Plan into the regular budget of the IAEA.


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1 TITLE IV—PEACEKEEPING

2 SEC. 401. SENSE OF CONGRESS REGARDING REFORM OF

3 UNITED NATIONS PEACEKEEPING OPER4 ATIONS.

5 It is the sense of Congress that—

6 (1) although United Nations peacekeeping oper7 ations have contributed greatly toward the pro8 motion of peace and stability for the past 57 years

9 and the majority of peacekeeping personnel who

10 have served under the United Nations flag have

11 done so with honor and courage, the record of

12 United Nations peacekeeping has been severely tar13 nished by operational failures and unconscionable

14 acts of misconduct; and

15 (2) if the reputation of and confidence in

16 United Nations peacekeeping operations is to be re17 stored, fundamental and far-reaching reforms, par18 ticularly in the areas of planning, management,

19 training, conduct, and discipline, must be imple20 mented without delay.


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1 SEC. 402. STATEMENT OF POLICY RELATING TO REFORM

2 OF UNITED NATIONS PEACEKEEPING OPER3 ATIONS.

4 It shall be the policy of the United States to pursue

5 reform of United Nations peacekeeping operations in the

6 following areas:

7 (1) PLANNING AND MANAGEMENT.—

8 (A) GLOBAL AUDIT.—As the size, cost,

9 and number of United Nations peacekeeping

10 operations have increased substantially over the

11 past decade, an independent audit of each such

12 operation, with a view toward ‘‘right-sizing’’ op13 erations and ensuring that such operations are

14 cost effective, should be conducted and its find15 ings reported to the Security Council.

16 (B) REVIEW OF MANDATES AND CLOSING

17 OPERATIONS.—In conjunction with the audit

18 described in subparagraph (A), the United Na19 tions Department of Peacekeeping Operations

20 should conduct a comprehensive review of all

21 United Nations peacekeeping operation man22 dates, with a view toward identifying objectives

23 that are practical and achievable, and report its

24 findings to the Security Council. In particular,

25 the review should consider the following:


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1 (i) Activities that fall beyond the

2 scope of traditional peacekeeping activities

3 should be delegated to a new Peacebuilding

4 Commission, described in paragraph (3).

5 (ii) Long-standing operations that are

6 static and cannot fulfill their mandate

7 should be downsized or closed.

8 (iii) Where there is legitimate concern

9 that the withdrawal from a country of an

10 otherwise static United Nations peace11 keeping operation would result in the re12 sumption of major conflict, a burden-shar13 ing arrangement that reduces the level of

14 assessed contributions, similar to that cur15 rently supporting the United Nations

16 Peacekeeping Force in Cyprus, should be

17 explored and instituted.

18 (C) LEADERSHIP.—As peacekeeping oper19 ations become larger and increasingly complex,

20 the Secretariat should adopt a minimum stand21 ard of qualifications for senior leaders and

22 managers, with particular emphasis on specific

23 skills and experience, and current senior leaders

24 and managers who do not meet those standards

25 should be removed or reassigned.


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1 (D) PRE-DEPLOYMENT TRAINING.—Pre2 deployment training on interpretation of the

3 mandate of the operation, specifically in the

4 areas of use of force, civilian protection and

5 field conditions, the Code of Conduct, HIV/

6 AIDS, and human rights should be mandatory,

7 and all personnel, regardless of category or

8 rank, should be required to sign an oath that

9 each has received and understands such train10 ing as a condition of participation in the oper11 ation.

12 (2) CONDUCT AND DISCIPLINE.—

13 (A) ADOPTION OF A UNIFORM CODE OF

14 CONDUCT.—A single, uniform Code of Conduct

15 that has the status of a binding rule and ap16 plies equally to all personnel serving in United

17 Nations peacekeeping operations, regardless of

18 category or rank, should be promulgated, adopt19 ed, and enforced.

20 (B) UNDERSTANDING THE CODE OF CON21 DUCT.—All personnel, regardless of category or

22 rank, should receive training on the Code of

23 Conduct prior to deployment with a peace24 keeping operation, in addition to periodic fol25 low-on training. In particular—


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1 (i) all personnel, regardless of cat2 egory or rank, should be provided with a

3 personal copy of the Code of Conduct that

4 has been translated into the national lan5 guage of such personnel, regardless of

6 whether such language is an official lan7 guage of the United Nations;

8 (ii) all personnel, regardless of cat9 egory or rank, should sign an oath that

10 each has received a copy of the Code of

11 Conduct, that each pledges to abide by the

12 Code of Conduct, and that each under13 stands the consequences of violating the

14 Code of Conduct, including immediate ter15 mination of the participation of such per16 sonnel in the peacekeeping operation to

17 which such personnel is assigned as a con18 dition of appointment to such operation;

19 and

20 (iii) peacekeeping operations should

21 conduct educational outreach programs to

22 reach local communities where peace23 keeping personnel of such operations are

24 based, including explaining prohibited acts

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1 keeping personnel and identifying the indi2 vidual to whom the local population may

3 direct complaints or file allegations of ex4 ploitation, abuse, or other acts of mis5 conduct.

6 (C) MONITORING MECHANISMS.—Dedi7 cated monitoring mechanisms, such as the Per8 sonnel Conduct Units already deployed to sup9 port United Nations peacekeeping operations in

10 Haiti, Liberia, Burundi, and the Democratic

11 Republic of Congo, should be present in each

12 operation to monitor compliance with the Code

13 of Conduct, and—

14 (i) should report simultaneously to the

15 Head of Mission, the United Nations De16 partment of Peacekeeping Operations, and

17 the Associate Director of OIOS for Peace18 keeping Operations (established under sec19 tion 104(b)(10)); and

20 (ii) should be tasked with designing

21 and implementing mission-specific meas22 ures to prevent misconduct, conduct follow23 on training for personnel, coordinate com24 munity outreach programs, and assist in


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1 investigations, as OIOS determines nec2 essary and appropriate.

3 (D) INVESTIGATIONS.—A permanent, pro4 fessional, and independent investigative body

5 should be established and introduced into

6 United Nations peacekeeping operations. In

7 particular—

8 (i) the investigative body should in9 clude professionals with experience in in10 vestigating sex crimes, as well as experts

11 who can provide guidance on standards of

12 proof and evidentiary requirements nec13 essary for any subsequent legal action;

14 (ii) provisions should be included in a

15 Model Memorandum of Understanding

16 that obligate Member States that con17 tribute troops to a peacekeeping operation

18 to designate a military prosecutor who will

19 participate in any investigation into an al20 legation of misconduct brought against an

21 individual of such Member State, so that

22 evidence is collected and preserved in a

23 manner consistent with the military law of

24 such Member State;


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1 (iii) the investigative body should be

2 regionally based to ensure rapid deploy3 ment and should be equipped with modern

4 forensics equipment for the purpose of

5 positively identifying perpetrators and,

6 where necessary, for determining paternity;

7 and

8 (iv) the investigative body should re9 port directly to the Associate Director of

10 OIOS for Peacekeeping Operations, while

11 providing copies of any reports to the De12 partment of Peacekeeping Operations, the

13 Head of Mission, and the Member State

14 concerned.

15 (E) FOLLOW-UP.—A dedicated unit, simi16 lar to the Personnel Conduct Units, staffed and

17 funded through existing resources, should be es18 tablished within the headquarters of the United

19 Nations Department of Peacekeeping Oper20 ations and tasked with—

21 (i) promulgating measures to prevent

22 misconduct;

23 (ii) coordinating allegations of mis24 conduct, and reports received by field per25 sonnel; and


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1 (iii) gathering follow-up information

2 on completed investigations, particularly by

3 focusing on disciplinary actions against the

4 individual concerned taken by the United

5 Nations or by the Member State that is

6 contributing troops to which such indi7 vidual belongs, and sharing such informa8 tion with the Security Council, the Head of

9 Mission, and the community hosting the

10 peacekeeping operation.

11 (F) FINANCIAL LIABILITY AND VICTIMS

12 ASSISTANCE.—Although peacekeeping oper13 ations should provide immediate medical assist14 ance to victims of sexual abuse or exploitation,

15 the responsibility for providing longer-term

16 treatment, care, or restitution lies solely with

17 the individual found guilty of the misconduct.

18 In particular, the following reforms should be

19 implemented:

20 (i) The United Nations should not as21 sume responsibility for providing long-term

22 treatment or compensation by creating a

23 ‘‘Victims Trust Fund’’, or any other such

24 similar fund, financed through assessed

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1 keeping operations, thereby shielding indi2 viduals from personal liability and rein3 forcing an atmosphere of impunity.

4 (ii) If an individual responsible for

5 misconduct has been repatriated, reas6 signed, redeployed, or is otherwise unable

7 to provide assistance, responsibility for

8 providing assistance to a victim should be

9 assigned to the Member State that contrib10 uted the troops to which such individual

11 belonged or to the manager concerned.

12 (iii) In the case of misconduct by a

13 member of a military contingent, appro14 priate funds shall be withheld from the

15 troop contributing country concerned.

16 (iv) In the case of misconduct by a ci17 vilian employee or contractor of the United

18 Nations, appropriate wages shall be gar19 nished from such individual or fines shall

20 be imposed against such individual, con21 sistent with existing United Nations Staff

22 Rules.

23 (G) MANAGERS AND COMMANDERS.—The

24 manner in which managers and commanders

25 handle cases of misconduct by those serving


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1 under them should be included in their indi2 vidual performance evaluations, so that man3 agers and commanders who take decisive action

4 to deter and address misconduct are rewarded,

5 while those who create a permissive environ6 ment or impede investigations are penalized or

7 relieved of duty, as appropriate.

8 (H) DATA BASE.—A centralized data base

9 should be created and maintained within the

10 United Nations Department of Peacekeeping

11 Operations to track cases of misconduct, includ12 ing the outcome of investigations and subse13 quent prosecutions, to ensure that personnel

14 who have engaged in misconduct or other crimi15 nal activities, regardless of category or rank,

16 are permanently barred from participation in

17 future peacekeeping operations.

18 (I) WELFARE.—Peacekeeping operations

19 should assume responsibility for maintaining a

20 minimum standard of welfare for mission per21 sonnel to ameliorate conditions of service, while

22 adjustments are made to the discretionary wel23 fare payments currently provided to Member

24 States that contribute troops to offset the cost

25 of operation-provided recreational facilities.


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1 (3) PEACEBUILDING COMMISSION.—

2 (A) ESTABLISHMENT.—Consistent with

3 the recommendations of the High Level Panel

4 Report, the United Nations should establish a

5 Peacebuilding Commission, supported by a

6 Peacebuilding Support Office, to marshal the

7 efforts of the United Nations, international fi8 nancial institutions, donors, and non-govern9 mental organizations to assist countries in tran10 sition from war to peace.

11 (B) STRUCTURE AND MEMBERSHIP.—The

12 Commission should—

13 (i) be a subsidiary body of the United

14 Nations Security Council, limited in size to

15 ensure efficiency;

16 (ii) include members of the United

17 Nations Security Council, major donors,

18 major troop contributing countries, appro19 priate United Nations organizations, the

20 World Bank, and the International Mone21 tary Fund; and

22 (iii) invite the President of ECOSOC,

23 regional actors, Member States that con24 tribute troops, regional development banks,

25 and other concerned parties that are not


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1 already members, as determined appro2 priate, to consult or participate in meet3 ings as observers.

4 (C) RESPONSIBILITIES.—The Commission

5 should seek to ease the demands currently

6 placed upon the Department of Peacekeeping

7 Operations to undertake tasks that fall beyond

8 the scope of traditional peacekeeping, by—

9 (i) developing and integrating coun10 try-specific and system-wide conflict pre11 vention, post-conflict reconstruction, and

12 long-term development policies and strate13 gies; and

14 (ii) serving as the key coordinating

15 body for the design and implementation of

16 military, humanitarian, and civil adminis17 tration aspects of complex missions.

18 (D) RESOURCES.—The establishment of

19 the Peacebuilding Commission and the related

20 Peacebuilding Support Office, should be staffed

21 within existing resources.

22 SEC. 403. CERTIFICATION.

23 (a) NEW OR EXPANDED PEACEKEEPING OPER24 ATIONS CONTINGENT UPON PRESIDENTIAL CERTIFI25 CATION OF PEACEKEEPING OPERATIONS REFORMS.—


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1 (1) NO NEW OR EXPANDED PEACEKEEPING OP2 ERATIONS.—

3 (A) CERTIFICATION.—Except as provided

4 in subparagraph (B), until the Secretary of

5 State certifies that the requirements described

6 in paragraph (2) have been satisfied, the Presi7 dent shall direct the United States Permanent

8 Representative to the United Nations to use the

9 voice, vote, and influence of the United States

10 at the United Nations to oppose the creation of

11 new, or expansion of existing, United Nations

12 peacekeeping operations.

13 (B) EXCEPTION AND NOTIFICATION.—The

14 requirements described under subparagraphs

15 (F) and (G) of paragraph (2) may be waived

16 until January 1, 2007, if the President deter17 mines that such is in the national interest of

18 the United States. If the President makes such

19 a determination, the President shall, not later

20 than 15 days before the exercise of such waiver,

21 notify the appropriate congressional committees

22 of such determination and resulting waiver.

23 (2) CERTIFICATION OF PEACEKEEPING OPER24 ATIONS REFORMS.—The certification referred to in

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1 retary to the appropriate congressional committees

2 that the following reforms, or an equivalent set of

3 reforms, related to peacekeeping operations have

4 been adopted by the United Nations Department of

5 Peacekeeping Operations or the General Assembly,

6 as appropriate:

7 (A) A single, uniform Code of Conduct

8 that has the status of a binding rule and ap9 plies equally to all personnel serving in United

10 Nations peacekeeping operations, regardless of

11 category or rank, has been adopted by the Gen12 eral Assembly and mechanisms have been estab13 lished for training such personnel concerning

14 the requirements of the Code and enforcement

15 of the Code.

16 (B) All personnel, regardless of category or

17 rank, serving in a peacekeeping operation have

18 been trained concerning the requirements of the

19 Code of Conduct and each has been given a per20 sonal copy of the Code, translated into the na21 tional language of such personnel.

22 (C) All personnel, regardless of category or

23 rank, are required to sign an oath that each has

24 received a copy of the Code of Conduct, that

25 each pledges to abide by the Code, and that


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1 each understands the consequences of violating

2 the Code, including the immediate termination

3 of the participation of such personnel in the

4 peacekeeping operation to which such personnel

5 is assigned as a condition of the appointment to

6 such operation.

7 (D) All peacekeeping operations have de8 signed and implemented educational outreach

9 programs to reach local communities where

10 peacekeeping personnel of such operations are

11 based to explain prohibited acts on the part of

12 United Nations peacekeeping personnel and to

13 identify the individual to whom the local popu14 lation may direct complaints or file allegations

15 of exploitation, abuse, or other acts of mis16 conduct.

17 (E) A centralized data base has been cre18 ated and is being maintained in the United Na19 tions Department of Peacekeeping Operations

20 that tracks cases of misconduct, including the

21 outcomes of investigations and subsequent pros22 ecutions, to ensure that personnel, regardless of

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1 nently barred from participation in future

2 peacekeeping operations.

3 (F) A Model Memorandum of Under4 standing between the United Nations and each

5 Member State that contributes troops to a

6 peacekeeping operation has been adopted by the

7 United Nations Department of Peacekeeping

8 Operations that specifically obligates each such

9 Member State to—

10 (i) designate a competent legal au11 thority, preferably a prosecutor with exper12 tise in the area of sexual exploitation and

13 abuse, to participate in any investigation

14 into an allegation of misconduct brought

15 against an individual of such Member

16 State;

17 (ii) refer to its competent national or

18 military authority for possible prosecution,

19 if warranted, any investigation of a viola20 tion of the Code of Conduct or other crimi21 nal activity by an individual of such Mem22 ber State;

23 (iii) report to the Department of

24 Peacekeeping Operations on the outcome

25 of any such investigation;


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1 (iv) undertake to conduct on-site court

2 martial proceedings relating to allegations

3 of misconduct alleged against an individual

4 of such Member State; and

5 (v) assume responsibility for the pro6 vision of appropriate assistance to a victim

7 of misconduct committed by an individual

8 of such Member State.

9 (G) A professional and independent inves10 tigative and audit function has been established

11 within the United Nations Department of

12 Peacekeeping Operations and the OIOS to mon13 itor United Nations peacekeeping operations.

14 TITLE V—DEPARTMENT OF

15 STATE AND GOVERNMENT AC16 COUNTABILITY OFFICE

17 SEC. 501. POSITIONS FOR UNITED STATES CITIZENS AT

18 INTERNATIONAL ORGANIZATIONS.

19 The Secretary of State shall make every effort to re20 cruit United States citizens for positions within inter21 national organizations.

22 SEC. 502. BUDGET JUSTIFICATION FOR REGULAR AS23 SESSED BUDGET OF THE UNITED NATIONS.

24 (a) DETAILED ITEMIZATION.—The annual congres25 sional budget justification shall include a detailed itemized


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1 request in support of the assessed contribution of the

2 United States to the regular assessed budget of the United

3 Nations.

4 (b) CONTENTS OF DETAILED ITEMIZATION.—The

5 detailed itemization required under subsection (a) shall—

6 (1) contain information relating to the amounts

7 requested in support of each of the various sections

8 and titles of the regular assessed budget of the

9 United Nations; and

10 (2) compare the amounts requested for the cur11 rent year with the actual or estimated amounts con12 tributed by the United States in previous fiscal years

13 for the same sections and titles.

14 (c) ADJUSTMENTS AND NOTIFICATION.—If the

15 United Nations proposes an adjustment to its regular as16 sessed budget, the Secretary of State shall, at the time

17 such adjustment is presented to the Advisory Committee

18 on Administrative and Budgetary Questions (ACABQ),

19 notify and consult with the appropriate congressional com20 mittees.

21 SEC. 503. REVIEW AND REPORT.

22 Not later than six months after the date of the enact23 ment of this Act, the Secretary of State shall conduct a

24 review of programs of the United Nations that are funded


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1 through assessed contributions and submit to the appro2 priate congressional committees a report containing—

3 (1) the findings of such review; and

4 (2) recommendations relating to—

5 (A) the continuation of such programs;

6 and

7 (B) which of such programs should be vol8 untarily funded, other than those specified in

9 subparagraphs (A) through (R) of subsection

10 (c)(2) of section 11 of the United Nations Par11 ticipation Act of 1945, as amended by section

12 101(c) of this Act.

13 SEC. 504. GOVERNMENT ACCOUNTABILITY OFFICE.

14 (a) REPORT ON UNITED NATIONS REFORMS.—Not

15 later than 12 months after the date of the enactment of

16 this Act and again 12 months thereafter, the Comptroller

17 General of the United States of the Government Account18 ability Office shall submit to the appropriate congressional

19 committees a report on the status of the 1997, 2002, and

20 2005 management reforms initiated by the Secretary Gen21 eral and on the reforms mandated by this Act.

22 (b) REPORT ON DEPARTMENT OF STATE CERTIFI23 CATIONS.—Not later than six months after each certifi24 cation submitted by the Secretary of State to the appro25 priate congressional committees under this Act and subVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00077 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 section (d)(3) of section 11 of the United Nations Partici2 pation Act of 1945 (as amended by section 101(c) of this

3 Act), the Comptroller General shall submit to the appro4 priate congressional committees a report on each such cer5 tification. The Secretary shall provide the Comptroller

6 General with any information required by the Comptroller

7 General to submit any such report.

8 TITLE VI—CERTIFICATIONS AND

9 WITHHOLDING OF CONTRIBU10 TIONS

11 SEC. 601. CERTIFICATIONS AND WITHHOLDING OF CON12 TRIBUTIONS.

13 (a) CERTIFICATIONS.—

14 (1) IN GENERAL.—Except as provided in para15 graph (3), the certifications required under sub16 section (d)(3) of section 11 of the United Nations

17 Participation Act of 1945 (as amended by section

18 101(c) of this Act) and sections 103, 104(a) through

19 104(e), sections 201(c) and 201(e), and section 202

20 of this Act are certifications submitted to the appro21 priate congressional committees by the Secretary of

22 State that the requirements of each such section

23 have been satisfied with respect to reform of the

24 United Nations.

25 (2) ALTERNATE CERTIFICATION MECHANISM.—


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1 (A) IN GENERAL.—Except as provided in

2 paragraph (3), in the event that the Secretary

3 is unable to submit a certification in accordance

4 with paragraph (1), the Secretary may submit

5 to the appropriate congressional committees, in

6 accordance with subparagraph (B), an alternate

7 certification that certifies that the requirements

8 of the section to which the original certification

9 applies have been implemented through reforms

10 that are substantially similar to the require11 ments of such section or accomplish the same

12 purposes as the requirements of such section.

13 (B) EQUIVALENCY.—Reforms are substan14 tially similar or accomplish the same purposes

15 if—

16 (i) such reforms are formally adopted

17 in written form by the entity or committee

18 of the United Nations or of its specialized

19 agency that has authority to enact or im20 plement such reforms or are issued by the

21 Secretariat or the appropriate entity or

22 committee in written form; and

23 (ii) such reforms are not identical to

24 the reforms required by a particular cer25 tification but in the determination of the


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1 Secretary will have the same, or nearly the

2 same effect, as such reforms.

3 (C) WRITTEN JUSTIFICATION AND CON4 SULTATION.—

5 (i) WRITTEN JUSTIFICATION.—Not

6 later than 30 days before submitting an al7 ternate certification in accordance with

8 subparagraph (A), the Secretary shall sub9 mit to the appropriate congressional com10 mittees a written justification explaining in

11 detail the basis for such alternate certifi12 cation.

13 (ii) CONSULTATION.—After the Sec14 retary has submitted the written justifica15 tion under clause (i), but no later than 15

16 days before the Secretary exercises the al17 ternate certification mechanism described

18 under subparagraph (A), the Secretary

19 shall consult with the appropriate congres20 sional committees regarding such exercise.

21 (3) LIMITED EXCEPTION FOR SUBSTANTIAL

22 COMPLIANCE.—

23 (A) SUBSTANTIAL COMPLIANCE.—Subject

24 to subparagraph (B), if at least 32 of the 39

25 reforms represented by the ten certifications


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1 specified under paragraph (1) have been imple2 mented, all such reforms (including the

3 unimplemented reforms) so represented shall be

4 deemed to have been implemented for the year

5 in which the Secretary submits such certifi6 cations.

7 (B) MANDATORY IMPLEMENTATION OF

8 CERTAIN REFORMS.—

9 (i) IN GENERAL.—The provisions of

10 subparagraph (A) shall not apply unless

11 the reforms under the following sections

12 have been implemented for the year to

13 which subparagraph (A) applies:

14 (I) Subsection (d)(3) of section

15 11 of the United Nations Participa16 tion Act of 1945 (as amended by sec17 tion 101(c) of this Act).

18 (II) Section 103(b)(1)(A).

19 (III) Section 103(b)(2)(D).

20 (IV) Section 104(a)(1).

21 (V) Section 104(a)(6).

22 (VI) Section 104(b)(1).

23 (VII) Section 104(b)(2).

24 (VIII) Section 104(c)(1).

25 (IX) Section 201(b)(1).


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1 (X) Section 201(b)(2).

2 (XI) Section 201(b)(3).

3 (XII) Section 201(b)(5).

4 (XIII) Section 202(a)(1).

5 (XIV) Section 202(a)(2).

6 (ii) FULL COMPLIANCE IN SUC7 CEEDING YEAR.—If the unimplemented re8 forms under subparagraph (A) are not im9 plemented in the year succeeding the year

10 to which subparagraph (A) applies, the

11 provisions of subsection (b) shall apply for

12 such succeeding year.

13 (b) WITHHOLDING OF UNITED STATES CONTRIBU14 TIONS TO REGULAR ASSESSED BUDGET OF THE UNITED

15 NATIONS.—

16 (1) IN GENERAL.—Except as provided in para17 graph (4) and in accordance with paragraph (2),

18 until such time as all certifications (or alternate cer19 tifications) are submitted in accordance with sub20 section (a), the United States shall appropriate, but

21 withhold from expenditure, 50 percent of the con22 tributions of the United States to the regular as23 sessed budget of the United Nations for a biennial

24 period.


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1 (2) AVAILABLE UNTIL EXPENDED.—The con2 tributions appropriated but withheld from expendi3 ture under paragraph (1) are authorized to remain

4 available until expended.

5 (3) APPLICATION WITH RESPECT TO SECTION

6 11(B) OF THE UNITED NATION PARTICIPATION ACT

7 OF 1945.—Until such time as all certifications (or al8 ternate certifications) are submitted in accordance

9 with subsection (a), subsection (b) of section 11 of

10 the United Nations Participation Act of 1945 (as

11 amended by section 101(c) of this Act) shall be ad12 ministered as though such section reads as follows:

13 ‘‘The Secretary may not make a contribution to a

14 regularly assessed biennial budget of the United Na15 tions in an amount greater than 11 percent of the

16 amount calculable under subsection (c).’’.

17 (4) SECTION 11(D)(3) OF UNITED NATIONS PAR18 TICIPATION ACT OF 1945.—

19 (A) SPECIAL RULE.—A certification under

20 subsection (d)(3) of section 11 of the United

21 Nations Participation Act of 1945 (as amended

22 by section 101(c) of this Act) (relating to the

23 2008–2009 biennial period and subsequent bi24 ennial periods) shall not be required until such

25 time as the United Nations makes its formal


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1 budget presentation for the 2008–2009 biennial

2 period.

3 (B) APPLICATION.—If the Secretary does

4 not submit a certification under such section,

5 the 50 percent withholding described under

6 paragraph (1) shall apply.

7 (c) RELEASE OF FUNDS.—At such time as all certifi8 cations (or alternate certifications) are submitted in ac9 cordance with subsection (a), the United States shall

10 transfer to the United Nations amounts appropriated but

11 withheld from expenditure under subsection (b).

12 (d) ANNUAL REVIEWS.—

13 (1) IN GENERAL.—The Secretary shall conduct

14 annual reviews, beginning one year after the date on

15 which the Secretary submits the final certification

16 (or alternate certification) in accordance with sub17 section (a), to determine if the United Nations con18 tinues to remain in compliance with all such certifi19 cations (or alternate certifications). Not later than

20 30 days after the completion of each such review,

21 the Secretary shall submit to the appropriate con22 gressional committees a report containing the find23 ings of each such review.

24 (2) ACTION.—If during the course of any such

25 review the Secretary determines that the United NaVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00084 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 tions has failed to remain in compliance with a cer2 tification (or an alternate certification) that was

3 submitted in accordance with subsection (a), the 50

4 percent withholding described under subsection (b)

5 shall re-apply with respect to United States con6 tributions each fiscal year to the regular assessed

7 budget of the United Nations beginning with the fis8 cal year immediately following such review and sub9 sequent fiscal years until such time as all certifi10 cations (or alternate certifications) under subsection

11 (a) have been submitted.

12 (e) EFFECTIVE DATE.—The certifications (or alter13 nate certifications) specified under subsection (a) shall be

14 required with respect to United States contributions to15 wards payment of regular assessed dues of the United Na16 tions for 2007 and subsequent years.


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Chairman HYDE. The subject of today’s markup is the act to reform the United Nations. This Committee has been looking into the 

leadership and management of the United Nations over the course 

of two Congresses. During our oversight hearings, it has become 

apparent that fundamental and wide-ranging reforms are needed 

at the United Nations if we are to avoid repeating the recent 

events of mismanagement and ethical lapses and if the challenges 

the future holds for the United Nations are to be successfully met. 

As I recognized at an earlier hearing, many regard the word ‘‘reform’’ as it is used in relation to the UN with suspicion, viewing 

it as a vehicle by which the United States can surreptitiously inflict intentional damage on an institution unpopular with the 

American people. But those who would claim an American antipathy to the United Nations are unfamiliar with the history of the 

organization. 

The United States was the originator of the idea of the United 

Nations and its birth parent, as it had been decades before with 

the League of Nations. We bring the same constructive spirit to today’s markup of the UN reform bill. The act before us today does 

not oppose the UN’s role in facilitating diplomacy, mediating disputes, monitoring the peace, and feeding the hungry. Quite the contrary, it offers the hope of furthering these admirable goals through 

reforms which will strengthen the UN and enable it to meet its 

mandate in these areas. 

The act does, however, address the UN’s legendary bureaucratization, billions of dollars spent on multitudes of programs with 

meager results, and outright misappropriation and mismanagement of funds represented by the emerging scandal regarding the 

Oil-for-Food Program. 

No observer, be they passionate supporter or dismissive critic, 

can pretend that the current structure and operations of the UN 

represents an acceptable standard. Even the UN itself has acknowledged the need for reform and, to its credit, has put forward 

a number of useful proposals for consideration. But it cannot be expected to shoulder this burden alone or, human nature and institutional inertia being what it is, initiate some of the more difficult 

reforms. 

This act will usher in reforms that both Republican and Democratic Administrations alike have long called for, including a more 

focused and accountable budget, one that reflects what it should be 

and what should be the true priorities of the organization shorn of 

duplicative, ineffective, and outdated programs. 

In addition to the major budget reforms, the act addresses oversight and accountability at the UN, peacekeeping, and human 

rights. 

The proposed reforms are self-evident given the problems that 

have dogged the UN in these past few years. The mechanisms in 

the act that are designed to leverage reform at the UN, however, 

merit more comment. The leverage mechanisms are essential to 

achieving reform at the UN. Without these levers, reform will fail 

or be incomplete at best. The levers include the following: Withholding 50 percent of U.S.-assessed dues if certifications of reforms 

are not made in key areas; mandating cuts in specific programs; redirecting funds to priority areas; and withholding U.S. support for 

81

expanded and new peacekeeping missions until certifications are 

made that reforms have been enacted. 

I look forward to working with my colleagues on both sides of the 

aisle to make the United Nations become the institution it was intended to be and to fulfill the mission and vision by its founders. 

I now yield to my very good friend and colleague, the Ranking 

Democratic Member, Mr. Lantos. 

Mr. LANTOS. Thank you very much, Mr. Chairman. Let me say 

at the outset, as we all know, we will be dealing with two pieces 

of legislation today, the UN reform bill and the State Department 

authorization legislation. 

The State Department authorization legislation is a bipartisan 

product, and I want to thank you personally and members of your 

staff for the collegial and cooperative manner in which we have 

reached consensus on the State Department authorization bill. 

With respect to the UN reform bill, let me state at the outset 

that I share your passionate commitment to meaningful and thorough reforms at the United Nations. This global institution must 

become more transparent and open. Its employees must be held to 

the highest ethical and moral standards, and the abuses of the Oilfor-Food Program must never be repeated. And, Mr. Chairman, the 

United Nations must put an end to its pathological persecution of 

the democratic nation of Israel which has become the whipping boy 

for totalitarian regimes around the globe. Serial human rights 

abusers must also be kept off UN institutions explicitly designed 

to speak for the cause of human rights and democracy. 

But, Mr. Chairman, the crushing flow of stories of scandal at the 

United Nations has forced the long overdue recognition of an essential fact about that organization. It is a derivative reality reflecting 

its less than perfect member states in a deeply flawed world. 

I would like to remind my colleagues that there will be no quick 

fix for an organization composed of 191 member states that in 

varying degrees have their own shortcomings, injustices, flaws, and 

hypocrisies of all types. Because a quick fix is not to be expected 

and punitive measures will not even bring about a long-term fix, 

Mr. Chairman, I must oppose the legislation before the Committee 

today and indicate my intention to offer a substitute amendment. 

Mr. Chairman, over the past several weeks we have tried to work 

out a compromise agreement on UN reform legislation. Despite our 

best efforts on both sides, we have been unable to reach a deal. 

Given the normally bipartisan work of this Committee, that is truly 

unfortunate. 

Three weeks ago, Mr. Chairman, Deputy Assistant Secretary of 

State Mark Lagon told our Committee that our annual dues to the 

United Nations were, and I quote, ‘‘an obligation we have signed 

on to and that the Executive Branch stands by its request for appropriations for our dues both for the regular budget and the 

peacekeeping budget.’’

Mr. Chairman, high ranking officials at the State Department 

conveyed to us the Department’s strong opposition to the legislation currently before the Committee. State Department officials 

told us that the legislation would undoubtedly create new arrears 

at the United Nations because all of the UN reform benchmarks 

contained in the Majority bill are not achievable. 

82

While many of the UN reforms being sought in this legislation 

are worthy goals, many require unanimous agreement by all 191 

UN member states, including the likes of Iran and Syria. Mr. 

Chairman, why threaten to blow up the universe if the planets 

refuse to align? Once in a while they will line up, but not on demand, and certainly not under threat. Indeed, it is ironic that just 

when there is momentum for reform, more reform than ever before, 

the legislation before us may undercut our ability to press for the 

very reforms we all seek. 

Senior State Department officials also argued that the legislation, if enacted, could severely undermine America’s national security interests by constraining new UN peacekeeping missions, including a possible mission to deal with the types of genocide we are 

currently witnessing in the Darfur region of Sudan. 

On the bill’s central proposal to move some programs from the 

assessed budget to the voluntary budget, the same senior State Department officials said that they can’t possibly see a way to accomplish all of this task and that our closest reform-minded allies at 

the UN will oppose this initiative. This approach may lead to the 

adoption of a UN budget over our objections to the detriment of financial support for initiatives that are in our interests, such as 

support for elections in Afghanistan and Iraq or the disruption of 

financing for terrorism. 

In short, Mr. Chairman, while the Majority’s UN reform bill has 

the best intentions, it will cause our Nation to go back into arrears 

at the United Nations without achieving the desired outcome. 

Given the important role the United Nations is currently playing 

in Afghanistan, in Iraq, in Darfur, and scores of other places, I fail 

to see how going into arrears at the United Nations will promote 

America’s national security interests. It will only force the United 

States to take on greater global responsibilities at a moment when 

our troops and our diplomats are already spread thin. 

I also fail to see, Mr. Chairman, how tying the hands of our distinguished Secretary of State, Dr. Condoleezza Rice, as she pursues 

reform at the United Nations, will serve our national interests. The 

legislation before the Committee micromanages every possible reform at the United Nations, creates mechanical and automatic 

withholdings, and gives the Secretary of State no flexibility to get 

the job done. 

For these reasons, Mr. Chairman, I will offer a substitute amendment to bring about UN reform while giving Secretary Rice the 

flexibility she needs and deserves from this Congress. Thank you, 

Mr. Chairman, and I look forward to the debate on this important 

legislation. 

Chairman HYDE. Thank you, Mr. Lantos. We will now entertain—the Chair is more disposed to withhold opening statements 

from Members because of the prolixity of what we will have become, but at the same time wants everyone to get their say on this 

very critical and important bill. So what we will do is Mr. Lantos 

has a substitute to offer, and I will call for that; and once that has 

been offered, then we will entertain motions to strike the last 

words by such Members as choose to make them. 

So are there any amendments? 

83

Mr. LANTOS. Yes, Mr. Chairman. I have an amendment at the 

desk, and I ask for its immediate consideration. 

Chairman HYDE. The clerk will designate the amendment and 

report the amendment. 

Ms. RUSH. Amendment in the nature of a substitute offered by 

Mr. Lantos of California——

Mr. LANTOS. Mr. Chairman, I request unanimous consent that 

my 68-page amendment be considered as read. 

Chairman HYDE. With great pleasure, we consider it read. 

Mr. LANTOS. Thank you, Mr. Chairman. 

Chairman HYDE. And thoroughly digested, too. 

[The amendment referred to follows:]

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AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 2745

OFFERED BY MR. LANTOS OF CALIFORNIA

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘United Nations Reform and Institutional Strengthening

4 Act of 2005’’.

5 (b) TABLE OF CONTENTS.—The table of contents for

6 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Statement of Congress.

TITLE I—MISSION AND BUDGET OF THE UNITED NATIONS

Sec. 101. United States financial Contributions to the United Nations.

Sec. 102. Weighted voting.

Sec. 103. Certification requirements.

Sec. 104. Accountability.

Sec. 105. Terrorism and the United Nations.

Sec. 106. Equality at the United Nations.

Sec. 107. Report on United Nations reform.

Sec. 108. Report on United Nations personnel.

TITLE II—HUMAN RIGHTS AND THE ECONOMIC AND SOCIAL

COUNCIL

Sec. 201. Human Rights.

Sec. 202. Economic and Social Council (ecosoc).

TITLE III—INTERNATIONAL ATOMIC ENERGY AGENCY

Sec. 301. International atomic energy agency.

Sec. 302. Sense of Congress regarding the Nuclear Security Action Plan of the

IAEA.


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TITLE IV—PEACEKEEPING

Sec. 401. Sense of Congress regarding reform of United Nations Peacekeeping

Operations.

Sec. 402. Statement of policy relating to reform of United Nations Peacekeeping Operations.

Sec. 403. Certification.

Sec. 404. United States Contributions to United Nations Peacekeeping Operations.

TITLE V—DEPARTMENT OF STATE AND GOVERNMENT

ACCOUNTABILITY OFFICE

Sec. 501. Positions for United States citizens at international organizations.

Sec. 502. Budget justification for regular assessed budget of the United Nations.

Sec. 503. Review and report.

Sec. 504. Government accountability office.

TITLE VI—CERTIFICATIONS AND WITHHOLDING OF

CONTRIBUTIONS

Sec. 601. Certifications and withholding of Contributions.

TITLE VII—UNITED NATIONS RENEWAL AND TOOLS TO FULLY

IMPLEMENT UNITED NATIONS REFORM

Sec. 701. Synchronization of U.S. assessed Contributions to International Organizations.

Sec. 702. Increased funding for United States assessed contribution to the

United Nations to support reform efforts.

Sec. 703. Buyout of United Nations personnel.

Sec. 704. United Nations democracy fund.

Sec. 705. United States personnel to international organizations.

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on International Re6 lations of the House of Representatives and the

7 Committee on Foreign Relations of the Senate.

8 (2) ECONOMIC AND SOCIAL COUNCIL.—The

9 term ‘‘Economic and Social Council’’ means the

10 Economic and Social Council of the United Nations.


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1 (3) EMPLOYEE.—The term ‘‘employee’’ means

2 an individual who is employed in the general serv3 ices, professional staff, or senior management of the

4 United Nations.

5 (4) GENERAL ASSEMBLY.—The term ‘‘General

6 Assembly’’ means the General Assembly of the

7 United Nations.

8 (5) MEMBER STATE.—The term ‘‘Member

9 State’’ means a Member State of the United Na10 tions.

11 (6) OFFICE OF INTERNAL OVERSIGHT SERV12 ICES.—The terms ‘‘Office of Internal Oversight

13 Services’’ and ‘‘OIOS’’ mean the Office of Internal

14 Oversight Services of the United Nations.

15 (7) SECRETARY.—The term ‘‘Secretary’’ means

16 the Secretary of State.

17 (8) SECRETARY GENERAL.—The term ‘‘Sec18 retary General’’ means the Secretary General of the

19 United Nations.

20 (9) SECURITY COUNCIL.—The term ‘‘Security

21 Council’’ means the Security Council of the United

22 Nations.

23 (10) SPECIALIZED AGENCY.—The term ‘‘spe24 cialized agency’’ means any of the following agencies

25 of the United Nations:


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1 (A) The Food and Agriculture Organiza2 tion, or FAO.

3 (B) The International Atomic Energy

4 Agency, or IAEA.

5 (C) The International Civil Aviation Orga6 nization, or ICAO.

7 (D) The International Fund for Agricul8 tural Development, or IFAD.

9 (E) The International Labor Organization,

10 or ILO.

11 (F) The International Maritime Organiza12 tion, or IMO.

13 (G) The International Telecommunication

14 Union, or ITU.

15 (H) The United Nations Educational, Sci16 entific, and Cultural Organization, or

17 UNESCO.

18 (I) The United Nations Industrial Develop19 ment Organization, or UNIDO.

20 (J) The Universal Postal Union, or UPU.

21 (K) The World Health Organization, or

22 WHO.

23 (L) The World Meteorological Organiza24 tion, or WMO.


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1 (M) The World Intellectual Property Orga2 nization, or WIPO.

3 SEC. 3. STATEMENT OF CONGRESS.

4 Congress declares that, in light of recent history, it

5 is incumbent upon the United Nations to enact significant

6 reform measures if it is to restore the public trust and

7 confidence necessary for it to achieve the laudable goals

8 set forth in its Charter.

9 TITLE I—MISSION AND BUDGET

10 OF THE UNITED NATIONS

11 SEC. 101. UNITED STATES FINANCIAL CONTRIBUTIONS TO

12 THE UNITED NATIONS.

13 (a) AUTHORIZATION WITH RESPECT TO THE REG14 ULAR ASSESSED BUDGET OF THE UNITED NATIONS.—

15 The Secretary is authorized to make contributions toward

16 the amount assessed to the United States by the United

17 Nations for the purpose of funding the regular assessed

18 budget of the United Nations.

19 (b) UNITED STATES FINANCIAL CONTRIBUTIONS TO

20 THE UNITED NATIONS.—Section 11 of the United Na21 tions Participation Act of 1945 (22 U.S.C. 287e-3) is

22 amended to read as follows:


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1 ‘‘SEC. 11. UNITED STATES FINANCIAL CONTRIBUTIONS TO

2 THE UNITED NATIONS.

3 ‘‘(a) POLICY OF THE UNITED STATES RELATING TO

4 THE REGULAR ASSESSED BUDGET OF THE UNITED NA5 TIONS.—

6 ‘‘(1) IN GENERAL.—The President shall direct

7 the United States Permanent Representative to the

8 United Nations to use the voice, vote, and influence

9 of the United States at the United Nations—

10 ‘‘(A) to pursue a streamlined, efficient,

11 and accountable regular assessed budget of the

12 United Nations; and

13 ‘‘(B) to make efforts to shift funding

14 mechanisms of some of the organizational pro15 grams of the United Nations from the regular

16 assessed budget to voluntarily funded programs.

17 ‘‘(2) FUTURE BIENNIUM BUDGETS.—The Presi18 dent shall direct the United States Permanent Rep19 resentative to the United Nations to use the voice,

20 vote, and influence of the United States at the

21 United Nations to seek to shift funding mechanisms

22 of operational programs of the United Nations and

23 to reduce the funding for programs specified in sub24 section (c) in future resolutions agreed to by the

25 General Assembly for the regular assessed budget of

26 the United Nations.


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1 ‘‘(b) ELIGIBLE ORGANIZATIONAL PROGRAMS.—To

2 the extent that any organizational programs are shifted

3 from the regular assessed budget to voluntarily funded

4 programs, the Secretary shall seek to use funds created

5 by any reduction in the amount of the United States as6 sessed contribution to the United Nations to make vol7 untary contributions to programs at the United Nations

8 which—

9 ‘‘(1) conduct internal oversight;

10 ‘‘(2) promote human rights;

11 ‘‘(3) provide humanitarian assistance; and

12 ‘‘(4) are organizational programs which have

13 been shifted from assessed to voluntary contribu14 tions.

15 ‘‘(c) PUBLIC INFORMATION AND GENERAL ASSEM16 BLY AFFAIRS AND CONFERENCE SERVICES.—The Presi17 dent shall direct the United States Permanent Represent18 ative to the United Nations to use the voice, vote, and

19 influence of the United States at the United Nations to

20 reduce by 20 percent the amount budgeted by resolution

21 of the General Assembly for the 2008–2009 biennium

22 compared to the amount budgeted by resolution of General

23 Assembly for the 2004–2005 biennial period for the fol24 lowing organizational programs:

25 ‘‘(1) Public Information.


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1 ‘‘(2) General Assembly affairs and conference

2 services.’’

3 SEC. 102. WEIGHTED VOTING.

4 It shall be the policy of the United States to actively

5 pursue weighted voting in the United Nations with respect

6 to all budgetary and financial matters in the Administra7 tive and Budgetary Committee and in the General Assem8 bly in accordance with the level of the financial contribu9 tion of a Member State to the regular assessed budget

10 of the United Nations.

11 SEC. 103. CERTIFICATION REQUIREMENTS.

12 (a) CERTIFICATION.—In accordance with section

13 601, a certification shall be required that certifies that the

14 conditions described in subsection (b) have been satisfied.

15 (b) CONDITIONS.—The conditions under this sub16 section are the following:

17 (1) NEW BUDGET PRACTICES FOR THE UNITED

18 NATIONS.—The United Nations is implementing

19 budget practices that—

20 (A) require the maintenance of a budget

21 not in excess of the level agreed to by the Gen22 eral Assembly at the beginning of each United

23 Nations budgetary biennium, unless increases

24 are agreed to by consensus and do not exceed

25 ten percent, or unless the Secretary of State


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1 certifies that any increase that would be incon2 sistent with this paragraph is important to the

3 national interest of the United States; and

4 (B) require the identification of expendi5 tures by the United Nations by functional cat6 egories such as personnel, travel, and equip7 ment.

8 (2) PROGRAM EVALUATION.—

9 (A) EVALUATION OF PROGRAMS.—The

10 Secretary General has used the existing au11 thorities to take measures to ensure that pro12 gram managers within the United Nations Sec13 retariat conduct evaluations of such programs

14 in accordance with the standardized method15 ology referred to in subparagraph (B) of United

16 Nations programs approved by the General As17 sembly.

18 (B) DEVELOPMENT OF EVALUATION CRI19 TERIA.—The Office of Internal Oversight Serv20 ices has developed a standardized methodology

21 for the evaluation of United Nations programs

22 approved by the General Assembly, including

23 specific criteria for determining the continuing

24 relevance and effectiveness of the programs.


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1 (C) REPORT.—The Secretary General is

2 assessing budget requests and, on the basis of

3 the evaluations of programs conducted pursuant

4 to subparagraph (A) for the relevant preceding

5 year, reports to the General Assembly on the

6 continuing relevance and effectiveness of such

7 programs and identifies those that need reform

8 or should be terminated.

9 (D) SUNSET OF PROGRAMS.—Consistent

10 with the July 16, 1997, recommendations of the

11 Secretary General regarding a sunset policy and

12 results-based budgeting for United Nations pro13 grams, the United Nations has established and

14 is implementing procedures to require all new

15 programs approved by the General Assembly to

16 have a specific sunset date or a date by which

17 such programs should be evaluated for con18 tinuing relevance and effectiveness.

19 SEC. 104. ACCOUNTABILITY.

20 (a) CERTIFICATION OF CREATION OF INDEPENDENT

21 OVERSIGHT BOARD.—In accordance with section 601, a

22 certification shall be required that certifies that the fol23 lowing reforms related to the establishment of an Inde24 pendent Oversight Board (IOB) have been adopted by the

25 United Nations:


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1 (1) An IOB or an equivalent entity is estab2 lished. Except as provided in paragraph (2), the

3 IOB shall be an independent entity within the

4 United Nations and shall not be subject to budget

5 authority or organizational authority of any entity

6 within the United Nations.

7 (2) The head of the IOB shall be a Director.

8 The IOB shall also consist of four other board mem9 bers who shall be nominated by the Secretary Gen10 eral and subject to Security Council approval by a

11 majority vote. The IOB shall be responsible to the

12 Security Council. The Director and board members

13 shall each serve terms of six years, except that the

14 terms of the initial board shall be staggered so that

15 the terms of not more than two board members will

16 expire in any one year. No board member may serve

17 more than two terms. An IOB board member may

18 be removed for cause by a majority vote of the Secu19 rity Council. The Director shall appoint a profes20 sional staff headed by a Chief of Staff and may em21 ploy contract staff as needed.

22 (3) The IOB shall receive operational and budg23 etary funding through appropriations by the General

24 Assembly and shall not be dependent upon any other


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1 bureau, division, or department of the United Na2 tions for such funding.

3 (4) The IOB shall have the authority to evalu4 ate all operations of the Office of Internal Oversight

5 Services and the Board of External Auditors of the

6 United Nations. Every three months or more fre7 quently when appropriate, the IOB shall submit, as

8 appropriate, to the Secretary General, the Security

9 Council, the General Assembly, or the Economic and

10 Social Council a report on its activities, relevant ob11 servations, and recommendations relating to its

12 audit operations, including information relating to

13 the inventory and status of investigation by the Of14 fice of Internal Oversight Services. The IOB may di15 rect the Office of Internal Oversight Services or the

16 Board of External Auditors to initiate an investiga17 tion.

18 (5) In extraordinary circumstances, and with

19 the concurrence of the Secretary General and Secu20 rity Council by majority vote, the IOB may augment

21 the Office of Internal Oversight Services with a spe22 cial investigator and staff consisting of individuals

23 who are not employees of the United Nations, to in24 vestigate matters involving senior officials of the

25 United Nations when allegations of serious misVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00101 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 conduct have been made and such a special inves2 tigation is necessary to maintain public confidence in

3 the integrity of the investigation. A special investiga4 tion staff shall comply with all United Nations fi5 nancial disclosure and conflict of interest rules, in6 cluding the filing of an individual annual financial

7 disclosure form in accordance with subsection (c).

8 (6) The IOB shall recommend annual budgets

9 for the Office of Internal Oversight Services and the

10 Board of External Auditors.

11 (b) CERTIFICATION OF UNITED NATIONS REFORMS

12 OF THE OFFICE OF INTERNAL OVERSIGHT SERVICES.—

13 In accordance with section 601, a certification shall be re14 quired that certifies that the following reforms related to

15 the Office of Internal Oversight Services (OIOS) have

16 been adopted by the United Nations:

17 (1) The OIOS is designated as an independent

18 entity within the United Nations. The OIOS shall

19 not be subject to budget authority or organizational

20 authority of any entity within the United Nations.

21 (2) The head of the OIOS shall be a Director.

22 (3) The OIOS shall receive operational and

23 budgetary funding through appropriations by the

24 General Assembly and shall not be dependent upon


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1 any other bureau, division, department, or special2 ized agency for such funding.

3 (4) All United Nations officials, including offi4 cials from any bureau, division, or department of the

5 United Nations, may—

6 (A) make a recommendation to the OIOS

7 to initiate an investigation of any aspect of the

8 United Nations; or

9 (B) report to the OIOS information or al10 legations of misconduct or inefficiencies within

11 the United Nations.

12 (5) The OIOS may, sua sponte, initiate and

13 conduct an investigation of any bureau, division, de14 partment, or employee (including the Secretary Gen15 eral) of the United Nations or contractor or consult16 ant for the United Nations.

17 (6) At least every three months and more fre18 quently when appropriate, the OIOS or another re19 sponsible office shall submit to the IOB a report

20 containing an inventory and status of its investiga21 tions.

22 (7) The OIOS shall establish or approve proce23 dures for providing ‘‘whistle-blower’’ status and em24 ployment protections for all employees of the United

25 Nations, who provide informational leads and testiVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00103 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 mony related to allegations of wrongdoing. Such pro2 cedures shall be adopted throughout the United Na3 tions. Such status and protection may not be con4 ferred on the Secretary General.

5 (8) The OIOS shall annually publish a public

6 report determining the proper number, distribution,

7 and expertise of auditors within the OIOS necessary

8 to carry out present and future duties of the OIOS,

9 including assessing the staffing requirements needed

10 to audit United Nations contracting activities

11 throughout the contract cycle from the bid process

12 to contract performance.

13 (9) The Director of OIOS shall establish a posi14 tion of Associate Director of OIOS for Specialized

15 Agencies and Funds and Programs, who shall be re16 sponsible for supervising the OIOS liaison and over17 sight duties for each specialized agency and funds

18 and programs of the United Nations. With the con19 currence of the Director and the relevant specialized

20 agency, the Associate Director may hire and appoint

21 necessary OIOS staff, including staff serving within

22 and located at a specialized agency and funds and

23 programs permanently or as needed to liaison with

24 existing audit functions with each specialized agency

25 and funds and programs.


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1 (10) Not later than six months after the date

2 of the enactment of this Act, the Director shall es3 tablish a position of Associate Director of OIOS for

4 Peacekeeping Operations or an equivalent position,

5 who shall be responsible for the oversight and audit6 ing of the field offices attached to United Nations

7 peacekeeping operations. The Associate Director of

8 OIOS for Peacekeeping Operations shall—

9 (A) receive informational leads and testi10 mony from any person regarding allegations of

11 wrongdoing by United Nations officials or

12 peacekeeping troops or regarding inefficiencies

13 associated with United Nations peacekeeping

14 operations; and

15 (B) shall be responsible for initiating, con16 ducting, and overseeing investigations within

17 peacekeeping operations.

18 (11)(A) Not later than six months after the

19 date of the enactment of this Act, the Director shall

20 establish a position of Associate Director of OIOS

21 for Procurement and Contract Integrity or an equiv22 alent position, who shall be responsible for auditing

23 and inspecting procurement and contracting within

24 the United Nations. The Associate Director of OIOS

25 for Procurement and Contract Integrity shall—


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1 (i) receive informational leads and testi2 mony from any person regarding allegations of

3 wrongdoing by United Nations officials or re4 garding inefficiencies associated with United

5 Nations procurement or contracting activities;

6 and

7 (ii) be responsible for initiating, con8 ducting, and overseeing investigations of pro9 curement and contract activities.

10 (B) Not later than 12 months after the estab11 lishment of the position of Associate Director of

12 OIOS for Procurement and Contract Integrity, the

13 Director, with the assistance of the Associate Direc14 tor of OIOS for Procurement and Contract Integ15 rity, shall undertake a review of contract procedures

16 to ensure that practices and policies are in place to

17 ensure that—

18 (i) the United Nations has ceased issuing

19 single bid contracts, except during an emer20 gency situation that is justified by the Under

21 Secretary General for Management;

22 (ii) the United Nations has established ef23 fective controls to prevent conflicts of interest

24 in the award of contracts; and


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1 (iii) the United Nations has established ef2 fective procedures and policies to ensure effec3 tive and comprehensive oversight and moni4 toring of United Nations contract performance.

5 (c) CERTIFICATION OF ESTABLISHMENT OF UNITED

6 NATIONS OFFICE OF ETHICS.—In accordance with sec7 tion 601, a certification shall be required that certifies

8 that the following reforms related to the establishment of

9 a United Nations Office of Ethics or an equivalent entity

10 (UNOE) have been established by the United Nations:

11 (1) A UNOE is established. The UNOE shall

12 be an independent entity within the United Nations

13 and shall not be subject to budget authority or orga14 nizational authority of any entity within the United

15 Nations. The UNEO shall be responsible for estab16 lishing, managing, and enforcing a code of ethics for

17 all employees of the United Nations. The UNEO

18 shall be responsible for providing such employees

19 with annual training related to such code. The head

20 of the UNEO shall be a Director.

21 (2) The UNEO shall receive operational and

22 budgetary funding through appropriations by the

23 General Assembly and shall not be dependent upon

24 any other bureau, division, department, or special25 ized agency of the United Nations for such funding.


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1 (3) The Director of the UNEO shall, not later

2 than six months after the date of its establishment,

3 publish a report containing proposals for imple4 menting a system for the filing and review of indi5 vidual annual financial disclosure forms by each em6 ployee of the United Nations at the P–5 level and

7 above and by all consultants for the United Nations

8 compensated at any salary level. Such forms shall be

9 made available at the request of the Director of the

10 Office of Internal Oversight Services. Such system

11 shall seek to identify and prevent conflicts of inter12 est by United Nations employees and shall be com13 parable to the system used for such purposes by the

14 United States Government. Such report shall also

15 address broader reforms of the ethics program for

16 the United Nations, including—

17 (A) the effect of the establishment of eth18 ics officers throughout all organizations within

19 the United Nations;

20 (B) the effect of retention by the UNEO of

21 annual financial disclosure forms;

22 (C) proposals for making completed annual

23 financial disclosure forms of each employee and

24 consultant available to the public, on request,

25 through the mission to the United Nations of


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1 the Member State of which the employee or

2 consultant is a national;

3 (D) proposals for annual disclosure to the

4 public of information related to the annual sala5 ries and payments, including pension payments

6 and buyouts, of employees of and consultants

7 for the United Nations;

8 (E) proposals for annual disclosure to the

9 public of information related to per diem rates

10 for all bureaus, divisions, departments, or spe11 cialized agencies within the United Nations;

12 (F) proposals for disclosure upon request

13 by the Ambassador of a Member State of infor14 mation related to travel and per diem payments

15 made from United Nations funds to any person;

16 and

17 (G) proposals for annual disclosure to the

18 public of information related to travel and per

19 diem payments made from United Nations

20 funds to any person.

21 (d) CERTIFICATION OF UNITED NATIONS ESTAB22 LISHMENT OF POSITION OF CHIEF OPERATING OFFI23 CER.—In accordance with section 601, a certification shall

24 be required that certifies that the following reforms re25 lated to the establishment of the position of a Chief OperVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00109 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 ating Officer or an equivalent position have been adopted

2 by the United Nations:

3 (1) There is established the position of Chief

4 Operating Officer (COO). The COO shall report to

5 the Secretary General.

6 (2) The COO shall be responsible for formu7 lating general policies and programs for the United

8 Nations in coordination with the Secretary General

9 and in consultation with the Security Council and

10 the General Assembly. The COO shall be responsible

11 for the daily administration, operation and super12 vision, and the direction and control of the business

13 of the United Nations. The COO shall also perform

14 such other duties and may exercise such other pow15 ers as from time to time may be assigned to the

16 COO by the Secretary General.

17 SEC. 105. TERRORISM AND THE UNITED NATIONS.

18 The President shall direct the United States Perma19 nent Representative to the United Nations to use the

20 voice, vote, and influence of the United States at the

21 United Nations to work toward adoption by the General

22 Assembly of—

23 (1) a definition of terrorism that builds upon

24 the recommendations of the Secretary General’s

25 High-Level Panel on Threats, Challenges, and


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1 Change, and includes as an essential component of

2 such definition any action that is intended to cause

3 death or serious bodily harm to civilians with the

4 purpose of intimidating a population or compelling a

5 government or an international organization to do,

6 or abstain from doing, any act; and

7 (2) a comprehensive convention on terrorism

8 that includes the definition described in paragraph

9 (1).

10 SEC. 106. EQUALITY AT THE UNITED NATIONS.

11 (a) INCLUSION OF ISRAEL IN WEOG.—

12 (1) IN GENERAL.—The President shall direct

13 the United States Permanent Representative to the

14 United Nations to use the voice, vote, and influence

15 of the United States to expand the Western Euro16 pean and Others Group (WEOG) in the United Na17 tions to include Israel as a permanent member with

18 full rights and privileges.

19 (2) NOTIFICATION TO CONGRESS.—Not later

20 than six months after the date of the enactment of

21 this Act and every six months thereafter for the suc22 ceeding 2-year period, the Secretary of State shall

23 notify the appropriate congressional committees con24 cerning the treatment of Israel in the United NaVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00111 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 tions and the expansion of WEOG to include Israel

2 as a permanent member.

3 (b) DEPARTMENT OF STATE REVIEW AND RE4 PORT.—

5 (1) IN GENERAL.—To avoid duplicative efforts

6 and funding with respect to Palestinian interests

7 and to ensure balance in the approach to Israeli–

8 Palestinian issues, the Secretary shall conduct an

9 audit of the functions of the entities listed in para10 graph (2) and submit to the appropriate congres11 sional committees, not later than 60 days after en12 actment of this Act, a report containing rec13 ommendations for the elimination of such entities.

14 (2) ENTITIES.—The entities referred to in

15 paragraph (1) are the following:

16 (A) The United Nations Division for Pales17 tinian Rights.

18 (B) The Committee on the Exercise of the

19 Inalienable Rights of the Palestinian People.

20 (C) The United Nations Special Coordi21 nator for the Middle East Peace Process and

22 Personal Representative to the Palestine Lib23 eration Organization and the Palestinian Au24 thority.


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1 (D) The NGO Network on the Question of

2 Palestine.

3 (E) The United Nations Relief and Works

4 Agency for Palestinian Refugees in the Near

5 East.

6 (c) IMPLEMENTATION BY PERMANENT REPRESENTA7 TIVE.—

8 (1) IN GENERAL.—The President shall direct

9 the United States Permanent Representative to the

10 United Nations to use the voice, vote, and influence

11 of the United States at the United Nations to seek

12 the implementation of the recommendations con13 tained in the report required under subsection

14 (b)(1).

15 (2) WITHHOLDING OF FUNDS.—Until such rec16 ommendations have been implemented, the Secretary

17 of State is authorized to withhold from United

18 States contributions to the regular assessed budget

19 of the United Nations for a biennial period amounts

20 that are proportional to the percentage of such

21 budget that are expended for such entities.

22 (d) GAO AUDIT.—The Comptroller General of the

23 United States shall conduct an audit of—


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1 (1) the status of the implementation of the rec2 ommendations contained in the report required

3 under subsection (b)(1); and

4 (2) United States action and achievements

5 under subsection (c).

6 SEC. 107. REFORMS AT THE SPECIALIZED AGENCIES.

7 (a) BUDGET REFORM.—The Secretary of State shall

8 direct the United States representative to each specialized

9 agency to use the voice, vote, and influence of the United

10 States ensure that each specialized agency—

11 (1) has developed a standardized methodology

12 for the evaluation of the programs of the agency, in13 cluding specific criteria for determining the con14 tinuing relevance and effectiveness of the programs,

15 patterned on the work of the Office of Internal

16 Oversight Services of the United Nations under sec17 tion 103;

18 (2) provides the results of such evaluations to

19 the governing body of such agency; and

20 (3) has established and is implementing proce21 dures to require all new programs of such agency

22 have a specific sunset date.

23 (b) ACCOUNTABILITY.—The Secretary of State shall

24 direct the United States representative to each specialized


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1 agency to use the voice, vote and influence of the United

2 States to ensure that each specialized agency—

3 (1) has a strengthened internal inspection capa4 bility or has agreed to allow the Office on Internal

5 Oversight Services of the United Nations to conduct

6 an investigation or audit of any program in such

7 agency, including any employee or contractor of, or

8 consultant for, such agency; and

9 (2) has adopted whistleblower protections pat10 terned on the protections developed by OIOS under

11 section 104 of this Act.

12 (c) ETHICS.—The Secretary shall direct the United

13 States representative to each specialized agency to use the

14 voice, vote and influence of the United States to ensure

15 that each specialized agency—

16 (1) is using a system for the filing and review

17 of individual annual financial disclosure forms devel18 oped by the United Nations Ethics Office established

19 by section 104 of this Act or a system patterned

20 after such system; and

21 (2) has established its own ethics office or is

22 using the services of the United Nations Ethics Of23 fice to review and otherwise implement the ethics

24 system described in paragraph (1).


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1 (d) AUTHORITY.—If the Secretary is unable to certify

2 that one or more of the policies described in this section

3 has been implemented for any specialized agency, the Sec4 retary is authorized to withhold up to 50 percent of the

5 United States contribution to the regular assessed budget

6 of such specialized agency, beginning with funds appro7 priated for such contribution for fiscal year 2008.

8 SEC. 108. REPORT ON UNITED NATIONS REFORM.

9 (a) IN GENERAL.—Not later than 180 days after the

10 date of the enactment of this Act, the Secretary shall sub11 mit to the appropriate congressional committees a report

12 on United Nations reform since 1990.

13 (b) CONTENTS.—The report required under para14 graph (1) shall describe—

15 (1) the status of the implementation of manage16 ment reforms within the United Nations and its spe17 cialized agencies;

18 (2) the number of outputs, reports, or other

19 items generated by General Assembly resolutions

20 that have been eliminated;

21 (3) the progress of the General Assembly to

22 modernize and streamline the committee structure

23 and its specific recommendations on oversight and

24 committee outputs, consistent with the March 2005

25 report of the Secretary General entitled ‘‘In larger


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H.L.C.

1 freedom: towards development, security and human

2 rights for all’’;

3 (4) the status of the review by the General As4 sembly of all mandates older than five years and

5 how resources have been redirected to new chal6 lenges, consistent with the March 2005 report of the

7 Secretary General referred to in paragraph (3); and

8 (5) the continued utility and relevance of the

9 Economic and Financial Committee and the Social,

10 Humanitarian, and Cultural Committee, in light of

11 the duplicative agendas of those committees and the

12 Economic and Social Council.

13 (c) UPDATE.—Not later than one year after submit14 ting the report under subsection (a), the Secretary shall

15 submit to the appropriate congressional committees a re16 port updating the information included in the first report.

17 SEC. 109. REPORT ON UNITED NATIONS PERSONNEL.

18 (a) IN GENERAL.—Not later than one year after the

19 date of the enactment of this Act, the Secretary of State

20 shall submit to the appropriate congressional committees

21 a report—

22 (1) concerning the progress of the General As23 sembly to modernize human resource practices, con24 sistent with the March 2005 report of the Secretary


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1 General entitled ‘‘In larger freedom: towards devel2 opment, security and human rights for all’’; and

3 (2) containing the information described in sub4 section (b).

5 (b) CONTENTS.—The report shall include—

6 (1) a comprehensive evaluation of human re7 sources reforms at the United Nations, including an

8 evaluation of—

9 (A) tenure;

10 (B) performance reviews;

11 (C) the promotion system;

12 (D) a merit-based hiring system and en13 hanced regulations concerning termination of

14 employment of employees; and

15 (E) the implementation of a code of con16 duct and ethics training;

17 (2) the implementation of a system of proce18 dures for filing complaints and protective measures

19 for work-place harassment, including sexual harass20 ment;

21 (3) policy recommendations relating to the es22 tablishment of a rotation requirement for non23 administrative positions;

24 (4) policy recommendations relating to the es25 tablishment of a prohibition preventing personnel


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1 and officials assigned to the mission of a Member

2 State to the United Nations from transferring to a

3 position within the United Nations Secretariat that

4 is compensated at the P–5 level or above;

5 (5) policy recommendations relating to a reduc6 tion in travel allowances and attendant oversight

7 with respect to accommodations and airline flights;

8 and

9 (6) an evaluation of the recommendations of the

10 Secretary General relating to greater flexibility for

11 the Secretary General in staffing decisions to accom12 modate changing priorities.

13 TITLE II—HUMAN RIGHTS AND

14 THE ECONOMIC AND SOCIAL

15 COUNCIL

16 SEC. 201. HUMAN RIGHTS.

17 (a) STATEMENT OF POLICY.—It shall be the policy

18 of the United States to use its voice, vote, and influence

19 at the United Nations to ensure that a credible and re20 spectable Human Rights Council or other human rights

21 body is established within the United Nations whose par22 ticipating Member States uphold the values embodied in

23 the Universal Declaration of Human Rights.

24 (b) HUMAN RIGHTS REFORMS AT THE UNITED NA25 TIONS.—The President shall direct the United States PerVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00119 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 manent Representative to the United Nations to seek to

2 ensure that the following human rights reforms have been

3 adopted by the United Nations:

4 (1) A Member State that fails to uphold the

5 values embodied in the Universal Declaration of

6 Human Rights shall be ineligible for membership on

7 any United Nations human rights body.

8 (2) A Member State that is subject to sanctions

9 by the Security Council or under a Security Council10 mandated investigation for human rights abuses

11 shall be ineligible for membership on any United Na12 tions human rights body.

13 (3) A Member State that is subject to a country

14 specific resolution relating to human rights abuses

15 perpetrated in that country by the government of

16 that country that has been adopted, within the pre17 ceding 3-year period, by a United Nations or re18 gional organization that has competence regarding

19 such matters shall be ineligible for membership on

20 any United Nations human rights body. For pur21 poses of this paragraph, a country specific resolution

22 shall not include consensus resolutions on advisory

23 services.

24 (4) A Member State that violates the principles

25 of a United Nations human rights body to which it


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1 aspires to join shall be ineligible for membership on

2 such body.

3 (5) No human rights body has a standing agen4 da item that only relates to one country or one re5 gion.

6 (c) CERTIFICATION.—In accordance with section

7 601, a certification shall be required that certifies that the

8 human rights reforms described under subsection (b) have

9 been adopted by the United Nations.

10 (d) PREVENTION OF ABUSE OF ‘‘NO ACTION’’ MO11 TIONS.—The United States Permanent Representative to

12 the United Nations shall work to prevent abuse of ‘‘no

13 action’’ motions, particularly as such motions relate to

14 country specific resolutions.

15 (e) OFFICE OF THE UNITED NATIONS HIGH COMMIS16 SIONER FOR HUMAN RIGHTS.—

17 (1) STATEMENT OF POLICY.—It shall be the

18 policy of the United States to continue to strongly

19 support the Office of the United Nations High Com20 missioner for Human Rights.

21 (2) CERTIFICATION.—In accordance with sec22 tion 601, a certification shall be required that cer23 tifies that the Office of the United Nations High

24 Commissioner for Human Rights has been given

25 greater authority in field operation activities, such


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1 as in the Darfur region of Sudan and in the Demo2 cratic Republic of the Congo, in furtherance of the

3 purpose and mission of the United Nations.

4 SEC. 202. ECONOMIC AND SOCIAL COUNCIL (ECOSOC).

5 (a) STATEMENT OF POLICY.—It shall be the policy

6 of the United States to use its voice, vote, and influence

7 at the United Nations to—

8 (1) abolish secret voting in the Economic and

9 Social Council (ECOSOC);

10 (2) ensure that, until such time as the Commis11 sion on Human Rights of the United Nations is

12 abolished, only countries that are not ineligible for

13 membership on a human rights body in accordance

14 with paragraph (1) through (4) of section 201(b)

15 shall be considered for membership on the Commis16 sion on Human Rights; and

17 (3) ensure that after candidate countries are

18 nominated for membership on the Commission on

19 Human Rights, the Economic and Social Council

20 conducts a recorded vote to determine such member21 ship.

22 (b) CERTIFICATION.—In accordance with section

23 601, a certification shall be required that certifies that the

24 policies described in subsection (a) have been imple25 mented.


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1 TITLE III—INTERNATIONAL

2 ATOMIC ENERGY AGENCY

3 SEC. 301. INTERNATIONAL ATOMIC ENERGY AGENCY.

4 (a) ENFORCEMENT AND COMPLIANCE.—

5 (1) OFFICE OF COMPLIANCE.—

6 (A) ESTABLISHMENT.—The President

7 shall direct the United States Permanent Rep8 resentative to International Atomic Energy

9 Agency (IAEA) to use the voice, vote, and influ10 ence of the United States at the IAEA to estab11 lish an Office of Compliance in the Secretariat

12 of the IAEA under the direction of the Deputy

13 Director General for Safeguards.

14 (B) OPERATION.—The Office of Compli15 ance shall—

16 (i) function as an independent body

17 composed of technical experts who shall

18 work in consultation with IAEA inspectors

19 to assess compliance by IAEA Member

20 States and provide recommendations to the

21 IAEA Board of Governors concerning pen22 alties to be imposed on IAEA Member

23 States that fail to fulfill their obligations

24 under IAEA Board resolutions;


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1 (ii) base its assessments and rec2 ommendations on IAEA inspection reports;

3 and

4 (iii) take into consideration informa5 tion provided by IAEA Board Members

6 that are among the five nuclear weapons

7 states as recognized by the Treaty on the

8 Non-Proliferation of Nuclear Weapons (21

9 UST 483) (commonly referred to as the

10 ‘‘Nuclear Non-Proliferation Treaty’’ or the

11 ‘‘NPT’’).

12 (C) STAFFING.—The Office of Compliance

13 shall be staffed from existing personnel in the

14 Department of Safeguards of the IAEA or the

15 Department of Nuclear Safety and Security of

16 the IAEA.

17 (D) OPERATION.—The Office of Compli18 ance shall operate in consultation with IAEA

19 inspectors and enforcement actions shall be

20 based on inspection reports, IAEA Board of

21 Governors resolutions, Director General reports,

22 and shall take into consideration information

23 provided by IAEA Board Members that are

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1 nized by the Treaty on the Non-Proliferation of

2 Nuclear Weapons.

3 (2) SPECIAL COMMITTEE ON SAFEGUARDS AND

4 VERIFICATION.—

5 (A) ESTABLISHMENT.—The President

6 shall direct the United States Permanent Rep7 resentative to the IAEA to use the voice, vote,

8 and influence of the United States at the IAEA

9 to establish a Special Committee on Safeguards

10 and Verification.

11 (B) RESPONSIBILITIES.—The Special

12 Committee shall—

13 (i) improve the ability of the IAEA to

14 monitor and enforce compliance by Mem15 ber States of the IAEA with the Nuclear

16 Non-Proliferation Treaty and the Statute

17 of the International Atomic Energy Agen18 cy; and

19 (ii) consider which additional meas20 ures are necessary to enhance the ability of

21 the IAEA, beyond the verification mecha22 nisms and authorities contained in the Ad23 ditional Protocol to the Safeguards Agree24 ments between the IAEA and Member

25 States of the IAEA, to detect with a high


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1 degree of confidence undeclared nuclear ac2 tivities by a Member State.

3 (3) PENALTIES.—

4 (A) IN GENERAL.—The President shall di5 rect the United States Permanent Representa6 tive to the IAEA to use the voice, vote, and in7 fluence of the United States at the IAEA to en8 sure that a Member State of the IAEA that is

9 under investigation for a breach of or non10 compliance with its IAEA obligations or the

11 purposes and principles of the Charter of the

12 United Nations has its IAEA privileges sus13 pended, including—

14 (i) limiting its ability to vote on its

15 case;

16 (ii) being prevented from receiving

17 any technical assistance; and

18 (iii) being prevented from hosting

19 meetings.

20 (B) TERMINATION OF PENALTIES.—The

21 penalties specified under subparagraph (A)

22 shall be terminated when the investigation is

23 concluded and the Member State is no longer in

24 such breach or noncompliance.

25 (b) UNITED STATES CONTRIBUTIONS.—


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1 (1) VOLUNTARY CONTRIBUTIONS.—Voluntary

2 contributions of the United States to the IAEA may

3 only be used to fund activities relating to Nuclear

4 Safety and Security or activities relating to Nuclear

5 Verification.

6 (2) LIMITATION ON USE OF FUNDS.—The

7 President shall direct the United States Permanent

8 Representative to the IAEA to use the voice, vote,

9 and influence of the United States at the IAEA to—

10 (A) ensure that funds for safeguards in11 spections are used giving first priority to ad12 dress countries that are initiating or developing

13 nuclear activities; and

14 (B) block the allocation of funds for any

15 other IAEA development, environmental, or nu16 clear science assistance or activity to a

17 country—

18 (i) the government of which the Sec19 retary of State has determined—

20 (I) for purposes of section 6(j) of

21 the Export Administration Act of

22 1979, section 620A of the Foreign As23 sistance Act of 1961, section 40 of the

24 Arms Export Control Act, or other

25 provision of law, is a government that


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1 has repeatedly provided support for

2 acts of international terrorism; and

3 (II) has not dismantled and sur4 rendered its weapons of mass destruc5 tion under international verification;

6 (ii) that is under investigation for a

7 breach of or noncompliance with its IAEA

8 obligations or the purposes and principles

9 of the Charter of the United Nations; or

10 (iii) that is in violation of its IAEA

11 obligations or the purposes and principles

12 of the Charter of the United Nations.

13 (3) DETAIL OF EXPENDITURES.—The Presi14 dent shall direct the United States Permanent Rep15 resentative to the IAEA to use the voice, vote, and

16 influence of the United States at the IAEA to se17 cure, as part of the regular budget presentation of

18 the IAEA to Member States of the IAEA, a detailed

19 breakdown by country of expenditures of the IAEA

20 for safeguards inspections and nuclear security ac21 tivities.

22 (c) MEMBERSHIP.—

23 (1) IN GENERAL.—The President shall direct

24 the United States Permanent Representative to the

25 IAEA to use the voice, vote, and influence of the


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1 United States at the IAEA to block the membership

2 on the Board of Governors of the IAEA of a Mem3 ber State of the IAEA that has not signed and rati4 fied the IAEA Additional Protocol and—

5 (A) is under investigation for a breach of,

6 or noncompliance with, its IAEA obligations or

7 the purposes and principles of the Charter of

8 the United Nations; or

9 (B) is in violation of its IAEA obligations

10 or the purposes and principles of the Charter of

11 the United Nations.

12 (2) CRITERIA.—The United States Permanent

13 Representative to the IAEA shall make every effort

14 to modify the criteria for Board membership to re15 flect the principles described in paragraph (1).

16 (d) REPORT.—Not later than six months after the

17 date of the enactment of this Act and annually thereafter

18 for the succeeding 2-year period, the President shall sub19 mit to the appropriate congressional committees a report

20 on the implementation of this section.

21 SEC. 302. SENSE OF CONGRESS REGARDING THE NUCLEAR

22 SECURITY ACTION PLAN OF THE IAEA.

23 It is the sense of Congress that the national security

24 interests of the United States are enhanced by the Nuclear

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1 ernors of the IAEA should recommend, and the General

2 Conference of the IAEA should adopt, a resolution incor3 porating the Nuclear Security Action Plan into the regular

4 budget of the IAEA.

5 TITLE IV—PEACEKEEPING

6 SEC. 401. SENSE OF CONGRESS REGARDING REFORM OF

7 UNITED NATIONS PEACEKEEPING OPER8 ATIONS.

9 It is the sense of Congress that—

10 (1) although United Nations peacekeeping oper11 ations have contributed greatly toward the pro12 motion of peace and stability for the past 57 years,

13 and the majority of peacekeeping personnel who

14 have served under the United Nations flag have

15 done so with honor and courage, the record of

16 United Nations peacekeeping has been severely tar17 nished by operational failures and unconscionable

18 acts of misconduct; and

19 (2) if the reputation of and confidence in

20 United Nations peacekeeping operations is to be re21 stored, fundamental and far-reaching reforms, par22 ticularly in the areas of planning, management,

23 training, conduct, and discipline, must be imple24 mented without delay.


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1 SEC. 402. STATEMENT OF POLICY RELATING TO REFORM

2 OF UNITED NATIONS PEACEKEEPING OPER3 ATIONS.

4 It shall be the policy of the United States to pursue

5 reform of United Nations peacekeeping operations in the

6 following areas:

7 (1) PLANNING AND MANAGEMENT.—

8 (A) GLOBAL AUDIT.—As the size, cost,

9 and number of United Nations peacekeeping

10 operations have increased substantially over the

11 past decade, an independent audit of each such

12 operation, with a view toward ‘‘right-sizing’’ op13 erations and ensuring that such operations are

14 cost effective, should be conducted and its find15 ings reported to the Security Council.

16 (B) REVIEW OF MANDATES AND CLOSING

17 OPERATIONS.—In conjunction with the audit

18 described in subparagraph (A), the United Na19 tions Department of Peacekeeping Operations

20 should conduct a comprehensive review of all

21 United Nations peacekeeping operation man22 dates, with a view toward identifying objectives

23 that are practical and achievable, and report its

24 findings to the Security Council. In particular,

25 the review should consider the following:


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1 (i) Activities that fall beyond the

2 scope of traditional peacekeeping activities

3 should be delegated to a new Peacebuilding

4 Commission, described in paragraph (3).

5 (ii) Long-standing operations that are

6 static and cannot fulfill their mandate

7 should be downsized or closed.

8 (iii) If there is legitimate concern that

9 the withdrawal from a country of an other10 wise static United Nations peacekeeping

11 operation would result in the resumption of

12 major conflict, a burden-sharing arrange13 ment that reduces the level of assessed

14 contributions, similar to that currently

15 supporting the United Nations Peace16 keeping Force in Cyprus, should be ex17 plored and instituted.

18 (C) LEADERSHIP.—As peacekeeping oper19 ations become larger and increasingly complex,

20 the Secretariat should adopt a minimum stand21 ard of qualifications for senior leaders and

22 managers, with particular emphasis on specific

23 skills and experience, and current senior leaders

24 and managers who do not meet those standards

25 should be removed or reassigned.


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1 (D) PRE-DEPLOYMENT TRAINING.—Pre2 deployment training on interpretation of the

3 mandate of the operation, specifically in the

4 areas of force, civilian protection, field condi5 tions, the Code of Conduct described in para6 graph (2)(A), HIV/AIDS, gender, and human

7 rights issues should be mandatory, and all per8 sonnel, regardless of category or rank, should

9 be required to sign an oath that each has re10 ceived and understands such training as a con11 dition of participation in the operation.

12 (2) CONDUCT AND DISCIPLINE.—

13 (A) ADOPTION OF A UNIFORM CODE OF

14 CONDUCT.—A single, uniform Code of Conduct

15 that has the status of a binding rule and ap16 plies equally to all personnel serving in United

17 Nations peacekeeping operations, regardless of

18 category or rank, should be promulgated, adopt19 ed, and enforced.

20 (B) UNDERSTANDING THE CODE OF CON21 DUCT.—All personnel, regardless of category or

22 rank, should receive training on the Code of

23 Conduct prior to deployment with a peace24 keeping operation, in addition to periodic fol25 low-on training. In particular—


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1 (i) all personnel, regardless of cat2 egory or rank, should be provided with a

3 personal copy of the Code of Conduct that

4 has been translated into the national lan5 guage of such personnel, regardless of

6 whether such language is an official lan7 guage of the United Nations;

8 (ii) all personnel, regardless of cat9 egory or rank, should sign an oath that

10 each has received a copy of the Code of

11 Conduct, that each pledges to abide by the

12 Code of Conduct, and that each under13 stands the consequences of violating the

14 Code of Conduct as a condition of appoint15 ment to such operation, including imme16 diate termination of the participation of

17 such personnel in the peacekeeping oper18 ation to which such personnel is assigned;

19 and

20 (iii) peacekeeping operations should

21 conduct educational outreach programs

22 within communities hosting such oper23 ations, including explaining prohibited acts

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1 vidual to whom the local population may

2 direct complaints or file allegations of ex3 ploitation, abuse, or other acts of mis4 conduct.

5 (C) MONITORING MECHANISMS.—Dedi6 cated monitoring mechanisms, such as the per7 sonnel conduct units deployed to support

8 United Nations peacekeeping operations in

9 Haiti, Liberia, Burundi, and the Democratic

10 Republic of Congo, should be present in each

11 operation to monitor compliance with the Code

12 of Conduct, and—

13 (i) should report simultaneously to the

14 Head of Mission, the United Nations De15 partment of Peacekeeping Operations, and

16 the Associate Director of OIOS for Peace17 keeping Operations (established under sec18 tion 104(b)(9)); and

19 (ii) should be tasked with designing

20 and implementing mission-specific meas21 ures to prevent misconduct, conduct follow22 on training for personnel, coordinate com23 munity outreach programs, and assist in

24 investigations, as OIOS determines nec25 essary and appropriate.


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1 (D) INVESTIGATIONS.—A permanent, pro2 fessional, and independent investigative body

3 should be established and introduced into

4 United Nations peacekeeping operations. In

5 particular—

6 (i) the investigative body should in7 clude professionals with experience in in8 vestigating sex crimes, as well as experts

9 who can provide guidance on standards of

10 proof and evidentiary requirements nec11 essary for any subsequent legal action;

12 (ii) provisions should be included in a

13 Model Memorandum of Understanding

14 that obligate each Member State that con15 tributes troops to a peacekeeping operation

16 to designate a military prosecutor who will

17 participate in any investigation into an al18 legation of misconduct brought against an

19 individual of that Member State, so that

20 evidence is collected and preserved in a

21 manner consistent with the military law of

22 that Member State;

23 (iii) the investigative body should be

24 regionally based to ensure rapid deploy25 ment and should be equipped with modern


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1 forensics equipment for the purpose of

2 positively identifying perpetrators and,

3 where necessary, for determining paternity;

4 and

5 (iv) the investigative body should re6 port directly to the Associate Director of

7 OIOS for Peacekeeping Operations, while

8 providing copies of any reports to the De9 partment of Peacekeeping Operations, the

10 Head of Mission, and the Member State

11 concerned.

12 (E) FOLLOW-UP.—A dedicated unit, simi13 lar to the personnel conduct units, staffed and

14 funded through existing resources, should be es15 tablished within the headquarters of the United

16 Nations Department of Peacekeeping Oper17 ations and tasked with—

18 (i) promulgating measures to prevent

19 misconduct;

20 (ii) coordinating allegations of mis21 conduct, and reports received by field per22 sonnel; and

23 (iii) gathering follow-up information

24 on completed investigations, particularly by

25 focusing on disciplinary actions against the


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1 individual concerned taken by the United

2 Nations or by the Member State that is

3 contributing troops to which the individual

4 belongs, and sharing that information with

5 the Security Council, the Head of Mission,

6 and the community hosting the peace7 keeping operation.

8 (F) FINANCIAL LIABILITY AND VICTIMS

9 ASSISTANCE.—Although peacekeeping oper10 ations should provide immediate medical assist11 ance to victims of sexual abuse or exploitation,

12 the responsibility for providing longer-term

13 treatment, care, or restitution lies solely with

14 the individual found guilty of the misconduct.

15 In particular, the following reforms should be

16 implemented:

17 (i) The United Nations should not as18 sume responsibility for providing long-term

19 treatment or compensation by creating a

20 ‘‘Victims Trust Fund’’, or any other such

21 similar fund, financed through assessed

22 contributions to United Nations peace23 keeping operations, thereby shielding indi24 viduals from personal liability and rein25 forcing an atmosphere of impunity.


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1 (ii) If an individual responsible for

2 misconduct has been repatriated, reas3 signed, redeployed, or is otherwise unable

4 to provide assistance, responsibility for

5 providing assistance to a victim should be

6 assigned to the Member State that contrib7 uted the troops to which the individual be8 longed or to the manager concerned.

9 (iii) In the case of misconduct by a

10 member of a military contingent, appro11 priate funds should be withheld from the

12 troop-contributing country concerned.

13 (iv) In the case of misconduct by a ci14 vilian employee or contractor of the United

15 Nations, appropriate wages should be gar16 nished from such individual or fines should

17 be imposed against such individual, con18 sistent with existing United Nations Staff

19 Rules.

20 (G) MANAGERS AND COMMANDERS.—The

21 manner in which managers and commanders

22 handle cases of misconduct by those serving

23 under them should be included in their indi24 vidual performance evaluations, so that man25 agers and commanders who take decisive action


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1 to deter and address misconduct are rewarded,

2 while those who create a permissive environ3 ment or impede investigations are penalized or

4 relieved of duty, as appropriate.

5 (H) DATA BASE.—A centralized data base

6 should be created and maintained within the

7 United Nations Department of Peacekeeping

8 Operations to track cases of misconduct, includ9 ing the outcome of investigations and subse10 quent prosecutions, to ensure that personnel

11 who have engaged in misconduct or other crimi12 nal activities, regardless of category or rank,

13 are permanently barred from participation in

14 future peacekeeping operations.

15 (I) WELFARE.—Peacekeeping operations

16 should assume responsibility for maintaining a

17 minimum standard of welfare for mission per18 sonnel to ameliorate conditions of service, while

19 adjustments are made to the discretionary wel20 fare payments currently provided to Member

21 States that contribute troops to offset the cost

22 of operation-provided recreational facilities.

23 (3) PEACEBUILDING COMMISSION.—

24 (A) ESTABLISHMENT.—Consistent with

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1 retary General’s High Level Panel on Threats,

2 Challenges, and Change, the United Nations

3 should establish a Peacebuilding Commission,

4 supported by a Peacebuilding Support Office, to

5 marshal the efforts of the United Nations,

6 international financial institutions, donors, and

7 non-governmental organizations to assist coun8 tries in transition from war to peace.

9 (B) STRUCTURE AND MEMBERSHIP.—The

10 Commission should—

11 (i) be a subsidiary body of the United

12 Nations Security Council, limited in size to

13 ensure efficiency;

14 (ii) include members of the United

15 Nations Security Council, major donors,

16 and Member States that contribute troops,

17 appropriate United Nations organizations,

18 the World Bank, and the International

19 Monetary Fund; and

20 (iii) invite the President of ECOSOC,

21 regional actors, Member States that con22 tribute troops, regional development banks,

23 and other concerned parties that are not

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1 priate, to consult or participate in meet2 ings as observers.

3 (C) RESPONSIBILITIES.—The Commission

4 should seek to ease the demands currently

5 placed upon the Department of Peacekeeping

6 Operations to undertake tasks that fall beyond

7 the scope of traditional peacekeeping, by—

8 (i) developing and integrating coun9 try-specific and system-wide conflict pre10 vention, post-conflict reconstruction, and

11 long-term development policies and strate12 gies; and

13 (ii) serving as the key coordinating

14 body for the design and implementation of

15 military, humanitarian, and civil adminis16 tration aspects of complex missions.

17 (D) RESOURCES.—The establishment of

18 the Peacebuilding Commission and the related

19 Peacebuilding Support Office should be staffed

20 with existing resources.

21 SEC. 403. CERTIFICATION.

22 (a) NEW OR EXPANDED PEACEKEEPING OPER23 ATIONS CONTINGENT UPON PRESIDENTIAL CERTIFI24 CATION OF PEACEKEEPING OPERATIONS REFORMS.—


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1 (1) NO NEW OR EXPANDED PEACEKEEPING OP2 ERATIONS.—Beginning on January 1, 2007, and

3 until the Secretary certifies that the requirements

4 described in paragraph (2) have been satisfied, the

5 President shall direct the United States Permanent

6 Representative to the United Nations use the voice,

7 vote, and influence of the United States at the

8 United Nations to oppose the creation of new, or ex9 pansion of existing, United Nations peacekeeping op10 erations unless the Secretary certifies to the appro11 priate congressional committees that such creation

12 or expansion is in the national interest of the United

13 States, and includes with the certification a written

14 justification therefor.

15 (2) CERTIFICATION OF PEACEKEEPING OPER16 ATIONS REFORMS.—The certification referred to in

17 paragraph (1) is a certification made by the Sec18 retary to the appropriate congressional committees

19 that the following reforms, or an equivalent set of

20 reforms, related to peacekeeping operations have

21 been adopted by the United Nations Department of

22 Peacekeeping Operations or the General Assembly,

23 as appropriate:

24 (A) A single, uniform Code of Conduct

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1 plies equally to all personnel serving in United

2 Nations peacekeeping operations, regardless of

3 category or rank, has been adopted by the Gen4 eral Assembly and mechanisms have been estab5 lished for training such personnel concerning

6 the requirements of the Code and enforcement

7 of the Code.

8 (B) All personnel, regardless of category or

9 rank, serving in a peacekeeping operation have

10 been trained concerning the requirements of the

11 Code of Conduct and each has been given a per12 sonal copy of the Code, translated into the na13 tional language of such personnel.

14 (C) All personnel, regardless of category or

15 rank, are required to sign an oath that each has

16 received a copy of the Code of Conduct, that

17 each pledges to abide by the Code, and that

18 each understands the consequences of violating

19 the Code as a condition of the appointment to

20 such operation, including the immediate termi21 nation of the participation of such personnel in

22 the peacekeeping operation to which such per23 sonnel is assigned.

24 (D) All peacekeeping operations have de25 signed and implemented educational outreach


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1 programs that reach local communities where

2 peacekeeping personnel of such operations are

3 based for a significant period of time, explain4 ing prohibited acts on the part of United Na5 tions peacekeeping personnel and identifying

6 the individual to whom the local population may

7 direct complaints or file allegations of exploi8 tation, abuse, or other acts of misconduct.

9 (E) A centralized data base has been cre10 ated and is being maintained in the United Na11 tions Department of Peacekeeping Operations

12 that tracks cases of misconduct, including the

13 outcomes of investigations and subsequent pros14 ecutions, to ensure that personnel, regardless of

15 category or rank, who have engaged in mis16 conduct or other criminal activities are perma17 nently barred from participation in future

18 peacekeeping operations.

19 (F) A Model Memorandum of Under20 standing between the United Nations and each

21 Member State that contributes troops to a

22 peacekeeping operation has been adopted by the

23 United Nations Department of Peacekeeping

24 Operations that specifically obligates each such

25 Member State to—


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1 (i) designate a competent legal au2 thority, preferably a prosecutor with exper3 tise in the area of sexual exploitation and

4 abuse, to participate in any investigation

5 into an allegation of misconduct brought

6 against an individual of the Member State;

7 (ii) refer to its competent national or

8 military authority for possible prosecution,

9 if warranted, any investigation of a viola10 tion of the Code of Conduct or other crimi11 nal activity by an individual of the Member

12 State;

13 (iii) report to the Department of

14 Peacekeeping Operations on the outcome

15 of any such investigation;

16 (iv) undertake to conduct on-site court

17 martial proceedings relating to allegations

18 of misconduct alleged against an individual

19 of the Member State;

20 (v) assume responsibility for the pro21 vision of appropriate assistance to a victim

22 of misconduct committed by an individual

23 of the Member State; and

24 (vi) establish a professional and inde25 pendent investigative and audit function


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H.L.C.

1 within the United Nations Department of

2 Peacekeeping Operations and the OIOS to

3 monitor United Nations peacekeeping oper4 ations.

5 SEC. 404. UNITED STATES CONTRIBUTIONS TO UNITED NA6 TIONS PEACEKEEPING OPERATIONS.

7 (a) 25 PERCENT LIMITATION.—Section 404(b)(2) of

8 the Foreign Relations Authorization Act, Fiscal Years

9 1994 and 1995 (22 U.S.C. 287e note; Public Law 103–

10 236) is amended to read as follows:

11 ‘‘(2) FISCAL YEAR 2006 AND SUBSEQUENT FIS12 CAL YEARS.—Funds authorized to be appropriated

13 for ‘Contributions for International Peacekeeping

14 Activities’ for fiscal years 2006 and 2007 shall not

15 be available for the payment of the United States

16 assessed contribution for a United Nations peace17 keeping operation in an amount which is greater

18 than 27.1 percent of the total of all assessed con19 tributions for that operation.’’.

20 (b) EFFECTIVE DATE.—The amendment made by

21 subsection (a) shall take effect and apply beginning on Oc22 tober 1, 2005.


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1 TITLE V—DEPARTMENT OF

2 STATE AND GOVERNMENT AC3 COUNTABILITY OFFICE

4 SEC. 501. POSITIONS FOR UNITED STATES CITIZENS AT

5 INTERNATIONAL ORGANIZATIONS.

6 The Secretary of State shall make every effort to re7 cruit United States citizens for positions within inter8 national organizations.

9 SEC. 502. BUDGET JUSTIFICATION FOR REGULAR AS10 SESSED BUDGET OF THE UNITED NATIONS.

11 (a) DETAILED ITEMIZATION.—The annual congres12 sional budget justification shall include a detailed itemized

13 request in support of the assessed contribution of the

14 United States to the regular assessed budget of the United

15 Nations.

16 (b) CONTENTS OF DETAILED ITEMIZATION.—The

17 detailed itemization required under subsection (a) shall—

18 (1) contain information relating to the amounts

19 requested in support of each of the various sections

20 and titles of the regular assessed budget of the

21 United Nations; and

22 (2) compare the amounts requested for the cur23 rent year with the actual or estimated amounts con24 tributed by the United States in previous fiscal years

25 for the same sections and titles.


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H.L.C.

1 (c) ADJUSTMENTS AND NOTIFICATION.—If the

2 United Nations proposes an adjustment to its regular as3 sessed budget, the Secretary of State shall, at the time

4 such adjustment is presented to the Advisory Committee

5 on Administrative and Budgetary Questions of the United

6 Nations (ACABQ), notify and consult with the appro7 priate congressional committees.

8 SEC. 503. REVIEW AND REPORT.

9 Not later than six months after the date of the enact10 ment of this Act, the Secretary of State shall conduct a

11 review of programs of the United Nations that are funded

12 through assessed contributions and submit to the appro13 priate congressional committees a report containing—

14 (1) the findings of such review; and

15 (2) recommendations relating to—

16 (A) the continuation of such programs;

17 and

18 (B) which of such programs should be vol19 untarily funded.

20 SEC. 504. GOVERNMENT ACCOUNTABILITY OFFICE.

21 (a) REPORT ON UNITED NATIONS REFORMS.—Not

22 later than 12 months after the date of the enactment of

23 this Act and 12 months thereafter, the Comptroller Gen24 eral of the United States shall submit to the appropriate

25 congressional committees a report on the status of the


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1 1997, 2002, and 2005 management reforms initiated by

2 the Secretary General and on the reforms mandated by

3 this Act.

4 (b) REPORT ON DEPARTMENT OF STATE CERTIFI5 CATIONS.—Not later than six months after each certifi6 cation is submitted by the Secretary of State to the appro7 priate congressional committees under this Act, the Comp8 troller General shall submit to the appropriate congres9 sional committees a report on each such certification. The

10 Secretary shall provide the Comptroller General with any

11 information required by the Comptroller General to sub12 mit any such report.

13 TITLE VI—CERTIFICATIONS AND

14 WITHHOLDING OF CONTRIBU15 TIONS

16 SEC. 601. CERTIFICATIONS AND WITHHOLDING OF CON17 TRIBUTIONS.

18 (a) IN GENERAL.—The certifications required under

19 sections 103, 104(a) through 104(d), sections 201(c) and

20 201(e), and section 202 of this Act are certifications sub21 mitted to the appropriate congressional committees by the

22 Secretary of State that the requirements of each such sec23 tion have been satisfied with respect to reform of the

24 United Nations.

25 (b) ALTERNATIVE CERTIFICATION MECHANISM.—


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1 (1) IN GENERAL.—In the event that the Sec2 retary is unable to make any certification described

3 in subsection (a), the Secretary may nonetheless sat4 isfy the requirements referred to in such certification

5 by certifying that—

6 (A) the United Nations has implemented

7 reforms that are either substantially similar to

8 or accomplish the same purposes as the require9 ments referred to in any such certification; or

10 (B) in the case of the policies described in

11 subsections (a) and (c) of section 11 the United

12 Nations Participation Act of 1945 (as amended

13 by section 101 of this Act) or the requirements

14 of sections 201(c) and 202(b) of this Act, sub15 stantial progress has been made in imple16 menting such policies or requirements.

17 (2) DEFINITIONS.—For the purposes of this

18 subsection, reforms are ‘‘substantially similar to or

19 accomplish the same purposes as’’ if the reforms

20 are—

21 (A) formally adopted by the organ or com22 mittee of the United Nations that has authority

23 to take such action or are issued by the Secre24 tariat or the appropriate entity or committee in

25 written form; and


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1 (B) are not identical to the measures re2 quired by a particular certification but in the

3 judgment of the Secretary will have the same or

4 nearly the same effect as such measures.

5 (3) WRITTEN JUSTIFICATION AND CONSULTA6 TION.—

7 (A) WRITTEN JUSTIFICATION.—Not later

8 than 30 days before submitting an alternate

9 certification in accordance with paragraph (1),

10 the Secretary shall submit to the appropriate

11 congressional committees a written justification

12 explaining in detail the basis for such alternate

13 certification.

14 (B) CONSULTATION.—After the Secretary

15 has submitted the written justification under

16 subparagraph (A), but not later than 15 days

17 before the Secretary exercises the alternate cer18 tification mechanism described in clause (i), the

19 Secretary shall consult with the appropriate

20 congressional committees regarding such exer21 cise.

22 (c) WITHHOLDING OF UNITED STATES CONTRIBU23 TIONS TO REGULAR ASSESSED BUDGET OF THE UNITED

24 NATIONS.—If the Secretary is unable to make one or more

25 of the certifications described in subsection (a) or (b), the


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1 Secretary is authorized to withhold from expenditure until

2 such time as the Secretary deems appropriate up to 50

3 percent of the contribution of the United States to the

4 regular assessed budget of the United Nations for a bien5 nial period, beginning with funds appropriated for the

6 United States Assessed contribution for fiscal year 2008.

7 (d) CONSULTATION ON PROGRESS OF REFORMS.—

8 Beginning six months after the date of the enactment of

9 this Act, and every three months thereafter until all the

10 certifications under subsection (a) and (b) are made, the

11 Secretary shall consult with the appropriate congressional

12 committees regarding the progress in adoption and imple13 mentation of the reforms described in this Act.

14 (e) DURATION OF FUNDS.—

15 (1) ASSESSED CONTRIBUTIONS TO THE U.N.—

16 Any amounts of funds appropriated for the United

17 States assessed contribution to the United Nations

18 that are withheld under subsection (c) are author19 ized to remain available until expended in fiscal

20 years after the fiscal year in which all certifications

21 are made under subsections (a) and (b).

22 (2) ASSESSED CONTRIBUTIONS TO SPECIALIZED

23 AGENCIES.—Any amounts of funds appropriated for

24 the United States assessed contribution to a special25 ized agency that are withheld under section 107(d)


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1 are authorized to remain available until expended in

2 fiscal years after the fiscal year in which the Sec3 retary makes the certification with respect to the

4 policy or policies described in section 107 by reason

5 of which the funds were withheld.

6 (f) BIENNIAL REVIEWS.—

7 (1) IN GENERAL.—The Secretary shall conduct

8 biennial reviews, beginning two years after the date

9 on which the Secretary submits the last of the cer10 tifications under subsections (a) and (b), to deter11 mine if the United Nations continues to remain in

12 compliance with all such certifications. Not later

13 than 30 days after the completion of each such re14 view, the Secretary shall submit to the appropriate

15 congressional committees a report containing the

16 findings of each such review.

17 (2) ACTION.—If during the course of any such

18 review the Secretary determines that the United Na19 tions has failed to remain in compliance with a cer20 tification that was submitted in accordance with

21 subsection (a), the Secretary is authorized to exer22 cise the authority described in subsection (c) with

23 respect to the biennial period immediately following

24 such review and subsequent biennial periods until


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1 such time as all certifications under subsection (a)

2 or (b) have been submitted.

3 SEC. 602. DIPLOMATIC CAMPAIGN TO ACHIEVE REFORM.

4 (a) SENSE OF CONGRESS.—It is the sense of the Con5 gress that in order to achieve the reforms required by this

6 Act, the President must undertake an extensive diplomatic

7 campaign, in combination with like-minded countries at

8 the United Nations to achieve those reforms, including

9 acting through the United States Permanent Representa10 tive to the United Nations to use its voice, vote and influ11 ence at the United Nations and direct diplomatic interven12 tion at the highest levels of government in Member States.

13 (b) REPORT TO CONGRESS.—Sixty days before exer14 cising the authority to withhold funds under section

15 601(c), the Secretary shall consult with the appropriate

16 congressional committees and submit a report on how the

17 exercise of such authority will further the purposes of this

18 Act.

19 (c) CONTENT OF REPORT.—The report required by

20 subsection (b) shall include—

21 (1) a description of efforts by the United States

22 to achieve the reforms required by this Act to date;

23 (2) an analysis of why reforms sought by the

24 United States have not been achieved; and


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1 (3) an explanation of how United States policy

2 will be furthered by conditioning or withholding

3 funds for assessed contributions to the United Na4 tions, as well as an analysis of how withholding such

5 funds are expected to affect programs, operations,

6 staff, and reforms of the United Nations and United

7 States interests.

8 TITLE VII—UNITED NATIONS RE9 NEWAL AND TOOLS TO FULLY

10 IMPLEMENT UNITED NA11 TIONS REFORM

12 SEC. 701. SYNCHRONIZATION OF U.S. ASSESSED CONTRIBU13 TIONS TO INTERNATIONAL ORGANIZATIONS.

14 (a) FINDINGS.—Congress makes the following find15 ings:

16 (1) In the early 1980s, the United States Gov17 ernment began to pay United States assessments to

18 certain international organizations in the last quar19 ter of the calendar year in which they were due.

20 This practice allowed the United States to pay its

21 annual assessment to the United Nations and other

22 international organizations with the next fiscal

23 year’s appropriations, taking advantage of the fact

24 that international organizations operate on calendar

25 years. It also allowed the United States to reduce


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1 budgetary outlays, making the United States budget

2 deficit appear smaller.

3 (2) The United States, which is assessed 22

4 percent of the United Nations regular budget, now

5 pays its dues at least 10 months late, and often later

6 depending on when the relevant appropriation is en7 acted.

8 (3) This practice causes the United Nations to

9 operate throughout much of the year without a sig10 nificant portion of its operating budget. By midyear,

11 the budget is usually depleted, forcing the United

12 Nations to borrow from its peacekeeping budget,

13 since the organization is prohibited from borrowing

14 externally. As a result, countries that contribute to

15 United Nations peacekeeping missions are not reim16 bursed on a timely basis.

17 (4) For years, continuing this practice is incon18 sistent with the purposes of this Act to encourage

19 the United Nations to engage in sound, fiscally re20 sponsible budgetary practices.

21 (b) AUTHORIZATION OF APPROPRIATIONS.—Begin22 ning in the fiscal year in which all certifications under sub23 section (a) and (b) of section 601 have been made, the

24 following amounts are authorized to be appropriated to a

25 process to synchronize the payment of its assessments to


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1 the United Nations and other international organizations

2 over a multiyear period so that the United States can re3 sume paying its dues to such international organizations

4 at the beginning of each calendar year:

5 (1) For the fiscal year after all such certifi6 cations have been made, $150,000,000.

7 (2) For the second year after all such certifi8 cations have been made, $150,000,000.,

9 (3) For the third year after all such certifi10 cations have been made, $150,000,000.

11 SEC. 702. INCREASED FUNDING FOR UNITED STATES AS12 SESSED CONTRIBUTION TO THE UNITED NA13 TIONS TO SUPPORT REFORM EFFORTS.

14 It is the sense of the Congress that the United States

15 should support an increase in the 2006–2007 United Na16 tions biennium budget and future United Nations budgets

17 to support the creation of new offices or institutions and

18 the strengthening of existing offices in order to fully im19 plement the reforms required by this Act.

20 SEC. 703. BUYOUT OF UNITED NATIONS PERSONNEL.

21 It is the sense of the Congress that the United States

22 should support an increase in the appropriate United Na23 tions biennium budget to fund a buyout of United Nations

24 personnel to the extent that the buyout is a targeted


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1 buyout of personnel that do not have the skills necessary

2 for the United Nations in the 21st century.

3 SEC. 704. UNITED NATIONS DEMOCRACY FUND.

4 There is authorized for fiscal year 2006 for a vol5 untary contribution to the United Nations International

6 Democracy Fund $10,000,000.

7 SEC. 705. UNITED STATES PERSONNEL TO INTERNATIONAL

8 ORGANIZATIONS.

9 The President is authorized to detail any United

10 States Government officer or employee to the United Na11 tions on a nonreimbursable basis for up to three years to

12 assist in the implementation of the reforms described in

13 this Act, including providing for any necessary housing,

14 education, cost-of-living allowances, or other allowances

15 authorized under the Foreign Service Act the United Na16 tions Participation Act of 1945.


21698b.ACS
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Mr. LANTOS. Mr. Chairman, I request unanimous consent that 

my 68-page amendment be considered as read. 

Chairman HYDE. With great pleasure, we consider it read. 

Mr. LANTOS. Thank you, Mr. Chairman. 

Chairman HYDE. And thoroughly digested, too. 

Mr. LANTOS. Mr. Chairman, my amendment now before the Committee is in the nature of a substitute. The amendment replaces 

the entire text of the bill before the Committee with a new version 

designed to promote UN reform while giving Secretary of State 

Condoleezza Rice sufficient flexibility to do her job. As I previously 

indicated, Mr. Chairman, senior State Department officials have 

told us that the Department of State strongly opposes the Majority’s bill in its current form. 

With my substitute amendment, Mr. Chairman, the Democrats 

on the Committee align ourselves strongly on UN reform issues 

with the Department of State and are fighting to ensure that the 

United States is better armed to promote serious UN reform and 

not be forced to cut off funds to the United Nations in a manner 

that is counterproductive to our best national interests. 

Mr. Chairman, my substitute amendment addresses four primary 

deficiencies in the Majority bill before our Committee. First, my 

substitute does not sever the link between achieving UN reform 

benchmarks and the possibility of withholding UN dues. Rather, 

the tough benchmarks are largely the same as in the Chairman’s 

bill, but the Lantos amendment would give Secretary Rice the authority to withhold up to 50 percent of our UN dues but would not 

mandate such a cut. 

Since this is sort of the core of the amendment, I want to restate 

this item. My amendment, Mr. Chairman, would give Secretary 

Rice the authority to withhold up to 50 percent of our UN dues but 

would not mandate such a cut. Secretary Rice must be able to use 

the financial threat to get the job done in New York, but must not 

be forced to cut off funds according to some mechanical and automatic withholding formula. 

Second, Mr. Chairman, the Lantos substitute changes the provision in your bill under which the United States would unilaterally 

withhold a portion of our dues to the United Nations if they refuse 

to change certain programs from the assessed to the voluntary 

budget. My amendment keeps this reform as a goal but does not 

link it to a mandatory deduction in U.S. funds. 

We all know, Mr. Chairman, that this reform is largely 

unachievable in the foreseeable future, and therefore Secretary 

Rice should not be forced to withhold U.S. dues from the UN on 

this matter. My amendment would give her the authority to withhold funds should that be necessary. 

Third, Mr. Chairman, the Majority bill would prohibit the United 

States from supporting any new UN peacekeeping mission unless 

a far-reaching set of peacekeeping reforms is adopted. Given the 

dangerous world in which we live, I believe this provision is singularly unwise. My substitute keeps the far-reaching peacekeeping 

reforms, but provides Secretary Rice with a waiver in the event 

that such a new mission, such as preventing genocide in places like 

Darfur, is essential to America’s national interests. 

155

Finally, Mr. Chairman, my substitute also ensures that we do 

not withhold funds for the United Nations when it is separate specialized agencies, such as the World Health Organization or the 

World Intellectual Property Organization, that may have failed to 

make the necessary reforms. It is an non sequitur. It is fundamentally flawed reasoning to hold the UN accountable for the mistakes 

of organizations that the UN does not control. My substitute would 

authorize the Secretary to withhold funds from each specialized 

agency that fails to undertake reforms instead of automatically 

withholding the money from the United Nations. 

Mr. Chairman, I would respectfully ask all of my colleagues on 

the Republican side of the aisle to support more flexibility for our 

Secretary of State by supporting my substitute amendment. It will 

better promote UN reform while giving Secretary Rice desperately 

needed flexibility. I thank you, Mr. Chairman. 

Chairman HYDE. Thank you, Mr. Lantos. Mr. Pence of Indiana. 

Mr. PENCE. Thank you, Mr. Chairman. And I rise in respectful 

opposition to my good friend Mr. Lantos’ UN reform substitute 

amendment, believing in my heart as an original co-sponsor of the 

UN Reform Act that, however well intentioned, the Lantos amendment does not go far enough. 

Now is the time for Congress to act. We must send a clear and 

strong message to the United Nations after years of 

misadministration and scandal, and we must back that message 

with decisive ramifications if those reforms are not made. In a 

word, Mr. Chairman, I believe the American people expect Congress to adopt UN reforms with teeth. History has shown us that 

when Congress uses the power of the purse the UN responds. It is 

unfortunate that periodically it takes financial ultimatums for the 

UN to move itself to act in its own best interests and the best interests of the world community that it serves, but that is nevertheless the case. 

The Lantos substitute amendment is interesting and well intentioned, but I say, humbly, it is intrinsically flawed, because on the 

one hand it seems to agree with the Chairman’s bill. It seems to 

agree that withholdings are necessary to provoke the UN to reform. 

But, on the other hand, it removes the power of the purse from 

Congress and invests it virtually in its entirety in a single Executive Branch official. With all due respect to Secretary of State 

Condoleezza Rice, the power of the purse belongs to Congress, and 

we should not cede that power to the Secretary of State. Furthermore, it would be incredibly difficult for any Secretary of State to 

take such a bold step of withholding 50 percent of the United Nations’ budget unilaterally. 

But there is flexibility in this bill. In the Hyde bill, the United 

Nations Reform Act, it provides the Secretary of State and the 

United Nations with some flexibility. Certification for UN action 

are not required until 2007. This gives the Secretary of State, the 

U.S. Ambassador to the UN, 2 years to lobby Turtle Bay to do what 

is in its best interest, and it allows the Secretary in 2007 to certify 

UN reforms that are substantially similar or accomplish the same 

purposes as the requirements in the act. 

It also allows for certification of all 39 requirements if only 32 

are completed by 2007, and allows even an extra year to complete 

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the final seven certifiable reforms. Yet some reforms are protected 

from a waiver, but the ones protected are the most fundamental of 

reforms such as making an internal oversight board independent, 

creating an independent budget, the accountability provisions that 

we establish in the budget. These are things that are achievable 

and are absolutely necessary. The certifiable reforms outlined in 

the bill are necessary. There are few that would dispute the areas 

we highlight for reform after the extraordinary revelations in the 

Oil-for-Food scandal and the mismanagement that it attests at 

minimum. 

But equally important, the certifiable reforms are achievable. 

This legislation was carefully crafted to address the numerous 

areas in need of reform at the UN, yet to do so in a way that is 

truly responsible. 

Shifting assessments to voluntary funding is also a crucial piece 

of this legislation. Voluntary funded programs are by their very nature more accountable, efficient, and results oriented. It is appropriate that the American people want the most value for our dollar. 

We want to know how our contributions are being used at the UN. 

We want to know the utility and effectiveness of the programs that 

our contributions go to, and the results of those programs. For 

many of the targeted programs, especially regarding the regional 

economic and social commissions which account for $350 million of 

the biennial budget, we simply don’t know the utility, the effectiveness, or the benefits of this program. Saying that the General Assembly will never shift programs off the assessed budget is not a 

sufficient reason for our continuing to pay tens of millions of dollars to these programs. If the General Assembly wants to continue 

to fund unaccountable programs, it can. But we should not continue to pay or ask the American people, more appropriately, to 

pay for programs that operate with essentially a blank check with 

no accountability for producing results. 

Further, we do not require these shifts again until 2008. This 

gives the State Department ample time to build consensus for 

these necessary and practical initiatives. 

And so, Mr. Chairman, I am grateful to have the opportunity to 

co-sponsor the UN Reform Act with you. And I am humbled if hesitant to rise in opposition to the Lantos UN reform substitute 

amendment. I oppose the Lantos amendment simply because, however well intentioned, I believe it does not go far enough. After 

years of misadministration and scandal, it is time that this Congress adopt UN reform with teeth, and the UN Reform Act that 

Chairman Hyde has authored and I have co-sponsored is precisely 

that. 

Chairman HYDE. The gentleman’s time has expired. Mr. Menendez. 

Mr. MENENDEZ. Thank you, Mr. Chairman. Mr. Chairman, I 

speak in strong support of the Lantos amendment. I believe, as Mr. 

Lantos does, and as probably every Member of this Committee 

agrees, that the time has come for change at the United Nations. 

And it is time to make real reforms at the United Nations that address the real problems. But I believe that the Chairman’s bill simply sets the United Nations up to fail by creating a series of requirements that are virtually impossible to meet. One might even 

157

argue that this is the actual goal of some UN critics. Right now, 

this bill is the equivalent of medicine that could kill the patient 

rather than cure a specific disease. 

Let us remember that the Secretary-General can’t simply waive 

a magic wand and make these changes happen. The United Nations is governed by 191 countries, including those who have adverse interests to the United States, such as Syria, Iran, North 

Korea, and approving the majority of these changes in such a body 

under the conditions of the Chairman’s bill is incredibly unlikely. 

The Hyde bill also requires changes at UN specialized agencies, 

but the bill ignores the fact that the UN has little authority over 

these agencies to make them reform. So the bill punishes one agency for the lack of action at another agency it doesn’t control. Yet 

the Hyde bill ties the hands of the Secretary of State by making 

the 50 percent withholding mandatory in all of these cases. So even 

if the United Nations has made significant progress, unless it 

meets almost all of the requirements the funds would be withheld. 

That is like kicking a child out of school who has moved from an 

F to a B because they didn’t get an A. 

Even members of the Administration have made it clear in their 

testimony before this Committee that they do not support linking 

reforms at the United Nations to our funding of the United Nations, and I would believe that at some future time we will probably see that in a statement of policy from the Administration. 

I am particularly concerned that the Hyde bill would keep the 

United States from supporting any new peacekeeping missions 

until far-reaching reforms have been implemented. Many Members 

of this Committee have been at the forefront of the fight to stop 

the horrors in the Sudan, like my colleague Congressman Payne of 

New Jersey, to stop violence in Haiti, and to protect the lives of innocent civilians around the world. We do not know when and 

where UN peacekeepers will be needed next, but we do know that 

we cannot risk the lives of innocent people or risk American interests around the world. The alternative to that, in the base bill, in 

essence says that the alternative to UN peacekeepers is to risk only 

U.S. lives and spend only U.S. capital. 

That is why I support the Lantos substitute which allows the 

Secretary of State to waive this restriction if it is in the national 

interests of the United States. We simply cannot create legislation 

which hurts our own security interests and our national interests 

while we are at war. This is a time when our own human and financial resources are stretched thin for the United States. In essence, this is a time for the United States to get the world to act 

with us. We must unite the world to fix our shared problems rather 

than destroy the institution which unites us. 

Yes, it has many challenges and, yes, there is much to reform, 

and we join in that effort. Mr. Lantos’s substitute strikes the balance. It seeks the high water mark of reforms but it gives us the 

flexibility not only to try to achieve those reforms and to prod those 

reforms and to make many of them happen, but at the same time 

it doesn’t slay the participation in an institution that can ultimately be an incredibly useful tool in the national security and in 

the national interests of the United States. 

158

I urge my colleagues to vote against the Hyde bill and to support 

the Lantos substitute and yield back the balance of my time. 

Chairman HYDE. The gentleman from Iowa, Mr. Leach. 

Mr. LEACH. Thank you, Mr. Chairman. Well, first let me compliment the staff for putting forth in a bill a large number of reforms that are very common sense. But having said that, let me 

say that I am obligated to oppose the underlying bill. While I will 

support the Lantos substitute amendment, I will vote against it if 

it prevails because both do not meet the test of constitutionalism. 

And I want to stress this to this Committee. The framework of the 

underlying bill is thoroughly inappropriate. The framework of the 

Lantos amendment is inappropriate. Both imply that there is no 

legal obligation binding upon the United States to pay the financial 

assessments at the UN. This position contravenes the United 

Nations’s charter. And let me quote from the charter: ‘‘The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly.’’ In 1962, the International 

Court of Justice held, sustaining the argument of the United States 

of America, that apportionment of expenses by the General Assembly creates an obligation of each member to bear that part of the 

expense apportioned to it. Both of these approaches free the United 

States of any international obligation to pay its assessment. One 

directs it by the Congress, the other authorizes the Executive 

Branch to act illegally. 

Let me further point out that, if you go to broader international 

statutes, for example, the Vienna Convention, the law of the treaties provides that every treaty in force is binding on the parties to 

it and must be performed by them in good faith. It specifies that 

a state party to a treaty may not invoke the provisions of its internal law as justification for its failure to perform the treaty. 

The point is this Committee at this time is prepared out of a 

pique of the United Nations, a pique that I thoroughly share, in 

fact I am probably more disappointed than anybody here because 

I support the United Nations so much, but out of pique to violate 

law, and I cannot think of anything less appropriate. 

Now, finally let me also stress there are actions that are so-called 

constructive in world affairs and there are actions that are counterproductive. Every single member of the United Nations today in 

New York has read about what this Committee intends to do, and 

they are appalled. 

We think that we are putting some sort of squeeze on them. I 

think we are putting a dagger in our own hearts. We must be compliant with law in order to be respected as a country that wants 

to extend law. And so I will vote for the Lantos amendment because it is about 20 percent less devastating than the underlying 

bill. But I will vote against this bill and I would urge my colleagues 

to think seriously of that. Thank you. 

Chairman HYDE. Thank you. Mr. Berman. 

Mr. BERMAN. I will pass, Mr. Chairman. 

Chairman HYDE. Mr. Faleomavaega. 

Mr. FALEOMAVAEGA. Thank you, Mr. Chairman. I have not heard 

in such a long time and listening to the gentleman from Iowa and 

the sound reasoning that within his argument, points of his argument about not owning the constitutionality about the action that 

159

we are about to take in proposed legislation now before the Committee. And I want to say at the outset as well my most profound 

respect for the gentleman of Iowa and the very, very pointed arguments that he makes concerning this issue. 

I also want to state that I do have the utmost respect for you, 

Mr. Chairman, and on that side of the aisle, the Majority, for your 

untiring efforts in bringing this proposed legislation as has been 

described as being as a reform bill. While I respect the Majority’s 

position in trying to find some sense of resolution to the problems 

that we are faced with in the United Nations, I have to say unfortunately I think that we have gone too far with the Majority’s proposed resolution. I do respectfully say that the Lantos substitute is 

much more reasonable and more sound. In my humble opinion, the 

Majority proposal is not to reform; it is a major surgery that will 

kill the patient. And as I listened to my good friend in saying that 

we need to give Congress more teeth, and that is the reason that 

we need this reform legislation, in my humble opinion it is not just 

giving teeth, it is getting a sledge hammer to knock out the teeth 

of every member of the United Nations as far as I am concerned, 

in the Majority’s proposed bill. And, for that reason, Mr. Chairman, 

I think the Lantos amendment is much more reasonable as a matter of policy. 

I dare not challenge my good friend from Iowa’s pointed arguments about the constitutionality of the actions that we are taking, 

but as a matter of policy if we are to make a decision of this fact, 

then I certainly think this substitute offered by the good friend, my 

colleague from California, is much more sound and more reasonable. Not only does it have the support of the Administration, I 

think that is something that I sincerely hope that that side of the 

aisle and Members of the Majority will consider seriously how 

much more flexible the Lantos substitute will give the Administration and Secretary Rice a better way to deal with the problems that 

we are faced with the United Nations. 

With that, Mr. Chairman, I urge my colleagues to support the 

Lantos substitute. Thank you. 

Chairman HYDE. Would the gentleman yield to me? 

Mr. FALEOMAVAEGA. I yield to the gentleman. 

Chairman HYDE. I thank you very much. You know, if you are 

going to reform something, reform it. If you give discretion to the 

Secretary, you will not have the reforms. I am not suggesting that 

this Secretary is different from other Secretaries, but I am talking 

about human nature and the experience we have in Congress. We 

pass a budget, but we waive the strictures of the budget time and 

time again, and it becomes meaningless. So if you really want a reform, you keep the purse with Congress, you don’t give the purse 

to somebody else. And you don’t let them waive requirements that 

demand reform. 

There are 2 years to make these reforms. They will have to be 

real reforms. We pay the check. We ought to have something to say 

about it. I know there is an entire world of employees who want 

to keep things going as they have, but we are trying to revitalize 

the UN. We are trying to bring it to life and straighten it up after 

so many mistakes and costly errors. So that is what we are about. 

I am pleased to——

160

Mr. LANTOS. Would the gentleman yield the remaining time? 

Mr. FALEOMAVAEGA. I would yield to our senior Ranking Member. 

Mr. LANTOS. I thank you very much for yielding. The Chairman’s 

bill and my substitute seek the same goals: Substantive, meaningful, serious reform at the UN. But to underscore the absurdity of 

ultimaticity, I would like my colleagues to listen to the following 

very possible scenario: In 2 years’ time, according to the underlying 

bill, 32 reform proposals will have to be enacted by the UN. Let 

us assume that 31 are enacted. Under the Chairman’s bill, the Republican bill, if only 31 are achieved, not 32, there is an automatic 

50 percent cut in UN dues. 

Under my substitute, the Secretary of State could in her judgment impose some financial penalties, 50 percent, 25 percent, 5 

percent, 1 percent. There would be judgment brought to bear on 

the decision by the United States, and we would not be frozen into 

an automatic formula which takes no account of different degrees 

of nonachievement. Thirty-one out of thirty-two automatically 

means a 50 percent cut. This simply makes no sense to me. 

Thank you, Mr. Chairman. 

Mr. FALEOMAVAEGA. And that is why I support the Lantos substitute, Mr. Chairman. Thank you. 

Chairman HYDE. The Chair recognizes himself for 5 minutes. 

The United Nations Reform Act does give the Secretary flexibility. The certification for UN action are not required until the 

year 2007. This gives the Secretary of State and the U.S. Ambassador to the UN 2 years to lobby the UN at Turtle Bay to do what 

is best in its interest. It allows the Secretary in 2007 to certify UN 

reforms are substantially similar to or accomplish the same purpose as the requirements in the act. It allows for certification of all 

39 requirements if only 32 are completed in 2007. It allows an 

extra year to complete the final seven certifiable reforms. 

Some reforms are protected from a waiver, but the ones protected 

are the most fundamental, such as making internal oversight independent with an independent budget and accountability provisions 

in the budget. 

Now, if you think it is going to kill the UN to be accountable, 

then let us say so today. But if it is going to save the UN by making it accountable, let us say that, too. These are things that are 

achievable. They are absolutely necessary. The certifiable reforms 

that we list in our bill are absolutely necessary. There are a few 

who would dispute the areas we highlight, but equally important, 

these reforms are achievable. This legislation was very carefully 

crafted to address the numerous areas in need of reform but to do 

so in a responsible way. 

The Chair yields back his time, and recognizes Mr. Smith of New 

Jersey. 

Mr. SMITH OF NEW JERSEY. Thank you very much, Mr. Chairman. And let me just say I thank you and Mr. Pence for offering 

this UN reform legislation to this Committee today. Sweeping reform of the United Nations on a myriad of fronts, including human 

rights and peacekeeping, is compelling and long overdue. The 

Hyde-Pence UN reform measure under consideration is similar to 

161

the vexing problems that it seeks to reform; it is in itself sweeping, 

it is comprehensive, and it is compelling. 

On peacekeeping, for example, I would point out to my colleagues 

that the bill requires a global mandate and a review of mandates. 

Or, I should say, a review of mandates so that deployments are 

right-sized and they are justified: The adoption of minimum standards of qualifications for senior leaders and, the adoption of a uniform code of conduct that is applicable to all. Nobody is above the 

law from the top to the very bottom of the UN chain of command. 

Predeployment training on mission mandates a certain code of conduct, including on the ever pervasive problem of trafficking. In my 

Subcommittee on Africa, Global Human Rights and International 

Operations, we held two hearings on UN peacekeeping, and we focused in one of those hearings on the ongoing or at least hopefully, 

recently ended atrocities occurring in the Congo. Many of our witnesses made the point that there was zero tolerance when it came 

to the UN on peacekeeping and the rape of 13- and 14-year-olds, 

sometimes for a loaf of bread. However, there was zero compliance. 

I do think, to its credit, that the UN is trying to change. I do believe that Prince Zeid and other officials, including Dr. Jane Hall 

Lute, who did brief our Committee are making Herculean efforts 

to try to reform from within. I do believe the Hyde amendment 

puts additional impetus and push to that effort to let them know, 

even if they don’t like some of the particulars, that we mean business and that the Congress is on the side of reform. 

We support UN peacekeeping. It provides a very useful service 

to the world, to suffering individuals around the world in places 

where there is conflict or could be conflict. Also, the UN can go in 

some cases where others might not be able to, including the United 

States. So there is a very, very real value to UN peacekeeping. We 

want to ensure that we have a peacekeeping force that is deployed 

that is second to none and lives up to the highest standards. 

I would point out that at our briefing, Dr. Jane Hall Lute, the 

Assistant Secretary General for Peacekeeping Operations, said, and 

I quote her: ‘‘The blue helmet has become black and blue through 

self-inflicted wounds, and some of our number . . .’’ meaning her 

and others, ‘‘will not sit idly by until the luster of the blue helmet 

is restored. It is unacceptable. It is completely unacceptable.’’ Then 

she went on to make her statement. 

The Subcommittee feels, and I feel the same way, that the Blue 

Helmets, the recipients of the Nobel Peace prize not so long ago, 

do a very valuable service for humanity. This legislation tries to 

ensure that they do it and that they do it right, and that those that 

commit atrocities, rape and pillaging will be held accountable. Regarding the database that will be established, I asked a series of 

questions during the hearing: Who keeps track of these peacekeepers and whether they commit acts of pedophilia or other acts 

of atrocities against the local population? There is no one. This legislation requires that a database be established so violators are 

tracked and they are not given an opportunity to recommit those 

atrocities. 

On the human rights front as well, we all know that the Human 

Rights Commission has become utterly dysfunctional. I go over to 

that commission almost every year, and we see rogue nations sitVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00167 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL
162

ting in judgment of other nations and in league with each other to 

prevent those countries from being held accountable. Nations like 

Sudan and others work the building, work the members, and work 

the Ambassadors to ensure the language that finally comes out of 

the UN Commission on Human Rights is watered down. Cuba does 

it. Other countries do it. 

I do think Secretary-General Kofi Annan is leading a noble effort 

to reform. This legislation adds another push to try to ensure that 

human rights are transparent, that there is no chicanery when it 

comes to enforcement of internationally recognized standards. 

So I do want to thank you, Mr. Chairman, for your sponsorship 

of this legislation, and I do thank my friend the Ranking Member 

for his contribution. I know there is a little difference of opinion 

here, but hopefully over time we can work out those differences. 

Chairman HYDE. Thank you very much. The gentleman from 

New Jersey, Mr. Payne. 

Mr. PAYNE. Thank you very much, Mr. Chairman. And although 

we are one of the smallest states in the Union, you can see that 

we can differ in opinions as wide as this country is long and wide. 

I could not oppose this wrong bill at the wrong time in the wrong 

place. To talk about reform, I think, is something that is noble, it 

is right, it is just, it is what ought to be. When we look at the 

United Nations, it is a complicated institution, as we have heard, 

191 nations, tremendous differences in culture, religion, race, language, and therefore it is pretty difficult to try to make it work. 

But I would hate to see a world without a United Nations. And it 

looks like some people want to see a world without the United Nations, because it is very clear, perhaps not the Chairman, but many 

others would love to see the United Nations simply cease and desist. 

I thought the ostrich had taken its head out of the sand decades 

ago. However, in a dangerous world, a world where we need to 

have friends, where we need to share in the danger, we are talking 

about destroying an institution that has done more to keep the 

world safe and sound and free of diseases. Just think where we 

would be without the United Nations. And that is what it appears 

to me we want to see. We stopped paying our dues back in the 

1990s, as a matter of fact, as quiet as it was kept, that there was 

reluctance to send in peacekeepers to Rwanda because the United 

States hadn’t paid its peacekeeping dues, and they didn’t even 

know whether they were going to be able to get people to go in. Unfortunate. The Helms amendment kept us from paying peacekeeping dues. 

When the United Nations started, we paid about 50 percent of 

the costs, down to 33 percent, we are down to 28, we are down to 

22. We have reformed it. We have reformed it by reducing our 

share. We have reduced taxes. And that is what I guess is a major 

move in this country. Actually, by us reducing our share, it actually 

has increased disproportionate poorer countries because it is supposedly based on gross domestic product. And if you look at our 

GDP and what we pay as opposed to the other countries, we are 

way off. 

But this is certainly wrong. Timothy Wirth, the former U.S. Senator and President of the United Nations Foundation, said that 

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leadership and vision is now the most needed ingredient for the 

UN’s reform process. Change and reform require firm, consistent 

policy and strong, persistent diplomacy. Threatening to withhold 

funds is an idea that sounds good if you say it fast enough, but in 

fact is most often cost ineffective and definitely counterproductive. 

There is a climate for UN reform. The UN knows it. We know 

it. To put in these punitive methods that will kill the organization 

if they went in, we have some serious problems in this world. Our 

country, tremendous debt, overstretched military resources, growing powers around the world. You know, no man is an island and 

no man stands alone, nor is any nation an island and no nation can 

stand alone. However, we have people who seem to think that we 

can stand alone. 

I have got children, I have got grandchildren, I hope to have 

great-grandchildren, and I want to see this world a safer place for 

them. To destroy the United Nations, as this bill will, will not 

make it safer for them. And that is my goal, as anyone would want 

for their children and their grandchildren and their great-grandchildren. I would not want my legacy to be that I am making this 

a more dangerous place for them. 

Thank you. 

Chairman HYDE. The gentleman from California, Mr. Rohrabacher. Would the gentleman yield to me for 1 second. 

Mr. ROHRABACHER. I certainly will. 

Chairman HYDE. I will make the flat statement that you can’t 

have reform if you don’t withhold dues. You can wish and you can 

pray, you can do all sorts of things, but if you don’t withhold the 

dues, it is an empty gesture. 

Mr. Rohrabacher. 

Mr. ROHRABACHER. Yes, and I rise to respectfully oppose Mr. 

Lantos’ amendment. 

And let me just note that Mr. Lantos and I agree on many things 

and have taken many stands together. I think when you make a 

stand, you have got to make a stand. It is time for us to do that 

today. It is time to be definitive. It is time to draw a line in the 

sand. 

It is not time for ambiguity or hyperbole about destroying the 

UN. It is not time to pass the buck and to delegate responsibility 

to maybe some official over in the Executive Branch. 

It is time for us to say what is necessary and the standards that 

must be met if we are going to continue to finance this institution 

with the tax dollars of the American people. 

The United Nations not only has not met expectations, but in 

some cases, has been a negative factor in this world. And we need 

to make sure that if the United Nations is to have any chance of 

meeting that vision that we heard about so many years ago, and 

we are hearing about today, we make sure we are doing that by 

setting a standard and reforming the United Nations in order to 

ensure that it continues going in that direction instead of being 

dragged down by forces, and corrupt forces, within the institution. 

The United Nations in many, many cases has made a mockery 

out of human rights. Mr. Lantos knows that; he is one of the greatest champions of human rights in the Congress. Peacekeepers, the 

United Nations peacekeepers have committed horrible crimes, and 

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the waste of resources by the United Nations is beyond imagination. 

Well, we have seen a United Nations not only not reaching its 

goal, but we have seen a United Nations in which corruption is 

reaching the very highest levels of the organization. And a lack of 

accountability and transparency is an insult to those who are paying the bill. And let us remember, today, we are the ones who represent the people paying the bill. These same people are demanding that the United Nations operate with some guidelines and some 

standards, if we continue, or that money will be a waste. 

Peacekeeping operations, yes, should be supported, but only if 

the United Nations has taken the actions that will ensure that 

United Nations peacekeepers are not committing crimes against 

their own people that they are there to protect. 

And the suggestions that have been made in this bill, or the 

mandates and requirements that have been made by our United 

Nations reform bill are responsible. They are very reasonable. And 

if the United Nations refuses to take those steps necessary to protect people from the United Nations peacekeepers themselves, we 

should not be financing them or participating with them. 

Should the decision be left as to whether or not we are going to 

implement these reforms to one executive, unelected official in the 

Executive Branch of our Government; or should we set the standard today and give notice and give plenty of time to the United Nations and to our own officials to work out the agreements? That is 

the central issue of the Lantos amendment. 

I say it is not time to delegate our authority again to the Executive Branch, but to represent the taxpayers and the people of the 

United States of America. Set the standards, give adequate time, 

as the Chairman has stated, plenty of adequate time to meet these 

standards, but if the United Nations refuses the reforms that are 

necessary to make it accountable, to have transparency within 

their operation, to ensure that peacekeepers are not committing 

crimes against the people they are supposedly protecting, then we 

should not delegate this decision to the Executive Branch, but 

should instead, today, in a very loud and clear voice say that this 

is not acceptable to us or the taxpayers, and we will not continue 

to fund the organization. 

Today, if we back down and if we compromise just as the process 

of reform is being launched, what can we expect at the end of the 

process? 

Chairman HYDE. The gentleman’s time has expired. 

Mr. ROHRABACHER. I would thus oppose the Lantos amendment. 

Chairman HYDE. The gentleman from Massachusetts, Mr. 

Delahunt. 

Mr. DELAHUNT. Thank you, Mr. Chairman. I think that while we 

are discussing the UN and reform of the UN, at the same time the 

gentleman from Iowa, Mr. Leach, has really addressed what is 

even more fundamental in terms of our deliberations here today, 

and that is something that really sets the United States of America 

apart. It is called the rule of law. 

We hear much in the halls of Congress about the rule of law. I 

want to associate myself with the remarks of Mr. Leach. I think 

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port the base bill. We are telling the world that we will cherry-pick 

our responsibilities and we will send a message that things are 

changing in the United States. 

Well, I don’t believe they are. This is something that is so fundamental in terms of what America stands for, about American leadership, about our justifiable claim to moral authority. 

Clearly, there is a consensus for reform in the UN. It is important that there be change so that the UN can be adapted to meet 

the challenges of the 21st century. And there are multiple proposals out there that share that common goal, including a comprehensive proposal put forth by the Secretary-General that seems 

to have generated widespread support among member nations. 

There is also a task force being co-chaired by Newt Gingrich, the 

former Speaker, and George Mitchell, former Majority Leader in 

the U.S. Senate, and financed by this Congress that will shortly 

produce a report. It would be my preference to wait for that report, 

to give it some thoughtful analysis and consideration. 

But that is not going to happen. Instead, we are on the verge of 

passing legislation out of this Committee that will undermine the 

United Nations, and that is bad for the United States. Because if 

the UN cannot carry out the important tasks that it has assumed, 

and we have been part of the decision-making to confer those tasks 

on the United Nations, then we will have to pick up the slack and 

the tab. 

Let us not deceive ourselves, the United Nations needs American 

leadership, but the United States also needs the UN. This bill 

could very well force the U.S. military, which we know is already 

overstretched—one only has to read the daily reports coming out 

of Iraq and the lament of United States generals along the SyriaIraqi border—that we would be compelled to deploy more military 

forces to inhospitable venues to restore order. 

We only have to look in our own back yard. There are 6,700 blue 

helmets and another 1,400 UN police working to keep order in 

Haiti today. But without the UN presence, the United States would 

be left with the responsibilities of restoring order and providing security in Haiti, or else we would be dealing with a failed state right 

in our own back yard. 

And I daresay the expense of keeping the Marines in Haiti would 

be greater than our total annual commitment to the United Nations, both assessed and voluntary. And as the world’s richest nation, the pressure would be on us to deal with failed states like 

Haiti all over the world, to provide relief on our own for natural 

disasters, to combat disease, and to help rebuild war-ravaged societies. 

The Administration has repeatedly stated it does not support 

withholding our dues. Mark Lagon, the Deputy Assistant Secretary 

for the State Department’s Bureau of International Organizations 

and the man who helped write Helms-Biden, said as much in a response to a question that I posed to him before this Committee just 

recently. 

Likewise, Mr. Kennedy, the former Ambassador to the United 

Nations for Management and Reform, the American point man for 

reform at the UN, said this before a hearing of the Oversight and 

Investigations Subcommittee in March, and I am quoting, ‘‘I cannot 

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recommend withholding because it is potentially too blunt an instrument.’’

I find it ironic that I am in agreement with the Administration. 

I can only speculate as to why the Republican Majority would not 

insist on hearing from the Secretary of State before offering legislation that would potentially damage our national security. 

Chairman HYDE. The gentleman’s time has expired. 

The gentleman from California, Mr. Royce. 

Mr. ROYCE. Thank you, Mr. Chairman. In response to the gentleman from Massachusetts’ comment concerning the rule of law, 

part of this reform package, in fact, is designed to promote transparency and accountability and responsibility, and things that are 

complementary to the rule of law, but things which are sadly lacking at the United Nations at this time. 

I just wanted to add that I appreciate the gentleman from California, the Ranking Member’s substitute. What I appreciate about 

it is that it strives to move from assessed to voluntary funding for 

certain programs. We share that goal. However, we differ on the 

means to get there. The difference is that the Chairman’s bill, of 

course, requires this. The substitute encourages this. 

I appreciate Mr. Lantos’ work. We just differ on how to get to 

this end goal. 

The reason I think we must make this vital change, the reason 

I think that this leverage is necessary is the same reason that we 

hold hearings in this Committee, and it is the same reason we ask 

for reports from the State Department; it is to keep these programs 

on their toes and held accountable. Right now, I have to tell you, 

these programs at the United Nations that we are discussing are 

on autopilot. They get their funding every year no matter what. By 

nature, voluntary funded programs are more accountable, they are 

more effective, and there is no incentive to get the job done if your 

funding is guaranteed. 

My experience, through programs like the African Growth and 

Opportunity Act and the Millennium Challenge Account, tells me, 

if we set benchmarks for countries, they will strive to meet them. 

I believe the same concept is true here. Voluntary programs have 

the incentive to produce results and to be transparent. Doing so 

will enable them to attract more voluntary contributions and increase their mission. 

We should also consider that moving from assessed to voluntary, 

frankly, will create buy-in for member states. I suspect many Members have never heard of these 18 programs until today, because 

we have never had to discuss them before. We have programs here, 

such as the regular program of Technical Cooperation and the Economic Development in Europe, and so on. We have never had to 

discuss them. Their funding was never in doubt. 

It is never in doubt at the United Nations. They are on autopilot 

at the United Nations, and that is in contrast to many of the 

named programs of the institution that we discuss regularly, like 

the UNDP and the UNHCR. The difference is, their funding is voluntary. That should tell us something. 

Lastly, this move enhances the United States’ ability to lead at 

the United Nations, and the United States is a leader in that organization. Many countries follow the U.S. lead on making voluntary 

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contributions to these various programs. For nearly 60 years, as we 

know, the United States has been the single largest financial contributor to the UN system. Given that history, I don’t think it is 

too much to ask that we lead in moving it to a more transparent 

and efficient and accountable system. 

I yield back. 

Chairman HYDE. I thank the gentleman. 

Mr. Blumenauer of Oregon. 

Mr. BLUMENAUER. Thank you, Mr. Chairman. I have appreciated 

the exchange, the ebb and flow here so far this morning. I appreciate what you and Mr. Lantos have set as goals for the performance of the United Nations, and listening to individual Members’ 

analyses. Mr. Leach’s, I thought, was very interesting. 

I am of the opinion that some of the rhetorical flourishes this 

morning are a little overblown. I personally don’t think that, while 

I disagree with the approach here, if it were somehow enacted, I 

don’t think it is going to destroy the United Nations. The time has 

long passed where the United States can pull the plug and eliminate the United Nations. We started it. We were instrumental in 

moving it forward. 

And there was a time when we undercut the League of Nations, 

and that led to all sorts of problems in Europe and world conflict. 

But now, with 190 other countries, with the United States’ role in 

terms of its economic power diminishing—Japan already supplies 

19 percent of the United Nations budget, with a much smaller 

economy than ours—the thought that somehow our action, were we 

to enable it, would pull the plug on the United Nations has passed. 

The issue is the nature and role of our leadership and how we 

are going to accomplish most directly these reforms. 

Unilateral action on behalf of the United States dealing with the 

United Nations has not helped us in the last several years, and certainly the approval of the Bolton nomination, were that to happen, 

is not likely to engage us more deeply in a cooperative fashion in 

the United Nations. We created it, we need this entity as much or 

more than it needs us. 

Now, as I mentioned, I am in agreement, Mr. Chairman, about 

many of the areas of reform you have identified and supported by 

Mr. Lantos. Although I would note parenthetically that I have had 

a lot more pressure and pointed questions from churches at home, 

campuses at home, editorial writers at home wondering how the 

United States tolerates abuse of people in our custody, most recently the front page article about the innocent Afghan being beaten to death by American soldiers, and wondering what Congress is 

doing to focus on that where we have direct control and oversight 

responsibility, than I have heard about the abuses in the United 

Nations. 

Maybe your experience is different, but for me, I am hearing far 

more about making sure that our house is in order, that we are 

transparent, that we are following through. 

The legislation before us, in either form, is very unlikely to pass 

Congress in anything near the version that we have. I think it is 

wrong to tie the hands of any Administration. I would have felt 

this way about the Clinton Administration; I feel it about the Bush 

Administration and Secretary Rice. And any Member of this ComVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00173 Fmt 6633 Sfmt 6633 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL
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mittee can talk to people that you have confidence in in the State 

Department and hear why they think this is an inappropriate approach. 

We are, in fact, going to very likely set back the effort of longterm reform by signaling to the United Nations that we are going 

to do another unilateral act and that we are going to try and force 

these things through. I think it is less likely we are going to get 

the cooperation we need from the other 190 countries. 

I appreciate the focus on these concerns. I appreciate the commitment of our Chairman and Ranking Member and the passion that 

is being exhibited by Members on this Committee, but with all due 

respect, I think listening to the current Secretary of State, former 

Secretaries of State in both parties who share the goals, who have 

worked to try to move them forward, I would strongly urge against 

these unilateral actions that are likely to make our long-term objectives harder to achieve. 

Chairman HYDE. I thank the gentleman. 

The gentleman from Arizona, Mr. Flake. 

Mr. FLAKE. I thank the Chairman. I thank the Chairman for 

bringing this bill forward. I will be very brief, but simply say this 

is not unreasonable at all. We have waited and waited and waited 

for some of these reforms for a long time, and the UN has been 

fully capable of moving ahead with some of these reforms on their 

own, yet they haven’t. 

I think we have the power of the purse here. We provide a great 

deal, 25 percent of the total budget, even higher with peacekeeping, 

and it is not unreasonable at all. I think the Chairman has been 

very careful to ensure that they have sufficient time necessary to 

do what they need to do. 

When you continue to hear what is coming out of the UN, you 

just have to conclude that they just don’t get it. And unless you 

have a little stronger incentive for them to get it, they simply 

won’t. 

I was reading an account of the World Economic Forum discussion just a few weeks ago in Jordan. Lakhdar Brahimi, UN Special 

Adviser, was talking about the insurgents in Iraq and said, ‘‘There 

is a legitimate aspect of the resistance there.’’ I mean, statements 

like that, you just have to come back and say, Are these guys going 

to reform without some added pressure in terms of money? 

And I would commend the Chairman for what he has done. I 

think he has been very careful. I believe I will have an amendment, and others will on the Floor, that will, I think, make this an 

even better bill; but I would love to see it move forward, and I plan 

to vote for it. Thanks. 

Chairman HYDE. I thank the gentleman. 

Ms. Berkley of Nevada. 

Ms. BERKLEY. Thank you, Mr. Chairman, and I also appreciate 

the discussion that we have had. I have to admit to a great sense 

of frustration with the United Nations and a great deal of internal 

conflict regarding what to do about it. 

Sixty years after its founding, the United Nations is unable to do 

the job for which it was chartered. It is handcuffed by the biases 

of its members and by its own ineffectiveness. A refusal to enforce 

Security Council resolutions in Iraq, charges of corruption in the 

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Oil-for-Food Program, an inability to stem the proliferation of nuclear weapons to the world’s most dangerous regimes, near constant condemnation of Israel, and a strong anti-Semitic bias demonstrate that the UN is unfairly biased and ineffective. 

Bureaucratic waste and corruption is rampant. Frivolous uncontrolled spending is the norm. Budgets for certain programs, I believe, should be reduced dramatically. Certain programs should be 

transferred from the excess budget to the voluntary contribution 

budget. Reforming the United Nations is long overdue. 

I find it very difficult to believe that the UN cannot use its influence to help reform various UN specialized agencies, including the 

Food and Agriculture organization, Internal Civil Aviation organization, and the Internal Labor organization. These agencies don’t 

exist in a vacuum. And to suggest that the UN has absolutely no 

control over these specialized agencies doesn’t seem correct to me. 

The way the UN peacekeeping operations are conducted must 

also be transformed, in my opinion; and I would support withholding U.S. troops from any new peacekeeping missions until the 

system has been altered. When Congressman Leach, with all due 

respect, stated that the United Nations is very aware of what we 

are considering today and they are appalled, let me suggest that 

I don’t believe many member nations to the United Nations have 

any standing to criticize the United States and be appalled by our 

actions. I am rather appalled by theirs. 

I am going to support the Lantos amendment, but if it fails, I am 

considering supporting the underlying bill if for no other reason 

than to send a message to the United Nations. I don’t believe the 

United Nations is useless, and I don’t wish to destroy it. Its vision 

and purpose are noble and right. The reality is, unfortunately, 

quite different. 

What makes me hesitate in my support of the Hyde amendment, 

and there are several reasons why I do hesitate, one of the reasons 

is that many of the reforms suggested in the Hyde proposal require 

unanimous consent from all 191 member-states to implement. One 

hundred ninety-one member-states include countries such as North 

Korea, Iran, and Syria. I cannot see how we can get unanimous 

consent and how this can happen. 

So when many of our colleagues suggest that this proposal is designed to end our Nation’s support of the UN and, therefore, end 

the United Nations for all intents and purposes, I can certainly understand and share their concern that this might be too Draconian. 

So I am going to continue to listen to my other colleagues. 

What I think concerns me the most is that the United Nations 

could be and should be such an important force for world peace and 

doing the right thing and implementing its original mission, and 

the fact that we have strayed so far from that, I think, is very unfortunate. It is unfortunate for all of us, and I would like to be able 

to do something about that. 

I don’t know whether withholding our money is the answer. Certainly continuing the way we are doesn’t seem to be the answer either. It certainly doesn’t satisfy me. 

Thank you, Mr. Chairman. 

Chairman HYDE. Would the gentlelady yield to me for a brief moment. 

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Ms. BERKLEY. Certainly, Mr. Chairman. 

Chairman HYDE. A two-thirds vote, not a unanimous consent 

vote, is required in the UN, except on budgetary matters where 

there must be unanimous consent on the budget. But, otherwise, 

two-thirds will do it. 

Ms. BERKLEY. May I reclaim my time and ask you a question? 

Chairman HYDE. Surely. 

Ms. BERKLEY. Aren’t many of the proposals that you are suggesting of a budgetary nature? 

Chairman HYDE. Yes, they are. There are some budgetary and 

some not, but that is the lineup. It is two-thirds or unanimous consent if it is a budget matter. 

I thank the gentlelady, and I did appreciate her statement. 

Ms. BERKLEY. Thank you. 

Chairman HYDE. Mr. McCotter of Michigan. 

Mr. MCCOTTER. Thank you, Mr. Chairman. I speak in opposition 

to the distinguished Ranking Minority Member’s amendment. 

It is fascinating to listen to the discussion, because in some ways 

it is what is not said, and what has not been said is that this bill 

is prospective. This does not punish the United Nations for the Oilfor-Food scandal, it does not punish them for the inappropriate 

deeds of the peacekeepers in the Congo, what this does is gives 

them a chance to reform. So I would think the United Nations 

should be grateful at this point in time that many people, myself 

included, were unable to have them punished for their past misdeeds that we have yet to see any rectification of. 

Secondly, we hear so much that the U.S. will have to do, X, Y 

and Z, if we remove 50 percent of our funding from the United Nations; that we live in a world where the United States needs 

friends. Well, I don’t have to buy my friends. My friends agree on 

things with me because we believe they are important to do. There 

are certain fundamental beliefs, our core beliefs, that are in convergence with each other. Thus, if Haiti is a problem with the United 

States, I would think Haiti is a problem for the rest of the world. 

If Darfur’s genocide is problem for the United States, then it 

should be a problem for the rest of the world. And whether the 

United States pays 100 percent or 50 percent, it would still remain 

a problem for the rest of the world. And I would hope that their 

compassion and core convictions would lead them to come to fight 

for what is right for the rest of humanity. 

Now, if you are saying that if we don’t buy them with 100 percent of our dues, that somehow they will be derelict or abdicate 

their goals for humanity, then that is a shame and that is an indictment of the United Nations, not of the United States. 

In terms of the overall consequences, you know, let’s say I hire 

a contractor to build a doghouse in my back yard where I can sleep 

when my wife is upset with me. And the contractor looks at me and 

he doesn’t do any work and he insults me all day. And so I say to 

my neighbor, ‘‘You know, I have this problem with the contractor 

building my doghouse; he just doesn’t do any work and he insults 

me all day.’’ And the neighbor says, ‘‘Did you think about saying, 

‘If you don’t finish this up, I am only going to pay half’?’’ And I look 

at him and say, ‘‘No, I had better pay him 100 percent because at 

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cent, he won’t do anything at all, and I don’t think that is a very 

good bargain.’’

You are trying to say that we have to pay 50 percent or 100 percent to maybe get the UN to do the right thing, and I don’t think 

that is a good bargain. If the UN is a derivative reality, then it is 

also a derivative investment, and I think if we spend our money 

wisely; if the UN is corrupt, it is better to keep the money here to 

pour into our national defense and domestic programs than it is to 

pour it into the derivative reality which is not necessarily acting 

in our best interest. 

Further, having made the mistake of reading some of the legislation in front of us, it seems to me that the two distinctions between 

the amendment, which is very well intentioned and well written, 

and the underlying bill, which is very well intentioned and well 

written, amounts to this: Under the Chairman’s bill, if the UN 

meets 31 of 32 requirements, it will then run the risk of automatically losing 50 percent of its funding. You may like that, you may 

not. However, under the amendment, if the United Nations does 

zero reforms, they can still get 100 percent of our funding. 

I would prefer to run the risk under the Chairman’s bill that the 

UN meets 31 out of 32 and receives half our dues than I would prefer to run the risk, if they do not do anything, they can still wind 

up with 100 percent of our dues. It would seem to be a more sane 

course. 

For those who truly want reform, you should argue for the Hyde 

bill. This is a very firm and consistent policy, that if 32 objectives 

are not met, you will not get but 50 percent of the U.S. dues. 

Under the Minority Member’s amendment, there is discretion involved, which will then lead to an inconsistent policy based on the 

exigency where we find ourselves, which may or may not lead to 

reform. 

So, Mr. Chairman, I thank you for this opportunity, and thank 

you for all your work, and the Minority Members as well. 

Chairman HYDE. Thank you, sir. 

Ms. Napolitano of California. 

Mrs. NAPOLITANO. Thank you, Mr. Chairman. Sitting here listening to my colleagues’ dialogue, I, for one, had not been very much 

in favor; and if you will recall, I was critical of their handling of 

the Oil-for-Food Program, and asked questions in regards to other 

programs that could also be in jeopardy. And I certainly agree with 

many of the comments that have been made. 

I associate myself with the comments of my colleague from Nevada, Ms. Berkley. 

You know, this bill, it just places unreasonable demands on the 

United Nations and does not give our Secretary of State the leeway 

to negotiate. We have agencies that we give them authority to be 

able to do these things. If we want to pull out, then say so, but 

don’t dilly-dally around and say that the UN is not doing their job 

and there is nothing we can do about it. 

I still think we need the UN and the UN needs us. Where would 

the world be without the United Nations? The rest of the deficiencies need to be addressed, and that is something the State Department should be able to work toward with our support. So I certainly don’t agree with total withdrawal in the Hyde bill. 

172

I am sorry, Mr. Chairman. It is just a little too much for me, 

even though I don’t agree with some of the things that have happened. And I certainly hope that there is going to be oversight in 

making sure these things are rectified. 

I would support Mr. Lantos’ amendment, because I think it does 

have the possibilities that I would like to look for. 

So thank you, and I yield back my time. 

Chairman HYDE. I thank the gentlelady. 

Ms. Ros-Lehtinen. 

Ms. ROS-LEHTINEN. Thank you very much, Mr. Chairman, for the 

opportunity to speak against the substitute and in favor of the 

Chairman’s bill. I wanted to talk about two specific items, or arguments, that have been made about the substitute. One is arrearages and the other is violation of international law. 

The argument has been made that this bill, the Chairman’s bill, 

would create arrearages, and we have just paid off the bulk of our 

arrearages under Helms-Biden. Why are we going to put ourselves 

in that position again? I will give you three good reasons why that 

is not going to happen. 

The Kassebaum-Solomon amendment in 1985, a congressional directive to withhold contributions in 1994 unless an international 

oversight structure was implemented, and the Helms-Biden legislation in 1999 clearly have shown that Congress can prompt meaningful change in the United Nations if we apply the power of the 

purse. 

For example, in Kassebaum-Solomon, Congress was able to use 

the power of the purse to promote budgetary accountability problems and make sure that we cleaned those up by the eventual implementation of consensus-based budgeting procedures. In 1994, 

the UN established the Office of Internal Oversight as U.S. 

withholdings were looming upon that institution. 

And then in Helms-Biden, Congress agreed to pay the U.S. arrearages to the UN if changes were made. The UN agreed to the 

changes, and the U.S. paid. 

So we are now in 2005, and I would be shocked if I were to find 

a single Member, just one Member who would state that the UN 

is doing just fine as it is. 

We have got to act, Mr. Chairman, and change requires leadership. The responsibility for promoting change is being led by the 

United States Congress, by our bill, specifically this Committee and 

our Chairman, Henry Hyde. 

No arrearages have to result from this legislation if the UN were 

to take action to address the needs that they have for efficiency, 

accountability, and effectiveness, all of which they lack. And if the 

UN fails to act, why should the United States continue to pay for 

programs that operate essentially with a blank check? No accountability for producing results, no checks undated, inefficient, duplicative initiatives, no effective results; and we have a human rights 

body that allows violator countries to sit as the arbitrators of 

human rights. 

So if arrearages do result from this legislation, which I doubt, 

maybe it will serve as a much-needed wake-up for the United Nations and would provide incentives for that change. 

173

Another argument, in the 30 seconds I have, Mr. Chairman: It 

says this bill would put us in violation of international law because 

of our failure to pay assessed dues to the UN as agreed to in the 

General Assembly. Contributions to the UN are subject to authorization and appropriations of the United States Congress. We have 

a duty to the American taxpayers to ensure good stewardship of 

their dollars. We have to hold the UN accountable. 

All countries benefit from an efficient, transparent, accountable 

UN, and it is not just in the U.S. interest. This bill would not put 

us in violation of international law. 

Chairman HYDE. Would the gentlelady yield? 

Ms. ROS-LEHTINEN. Yes, Mr. Chairman. 

Chairman HYDE. I find it fascinating that through all of the 

hearing we have had this morning not one criticism has been 

lodged against a reform. It is all on the consequences if they do not 

reform that is so horrible. But the reforms that we request, that 

we require, there doesn’t seem to be any question about those. 

I just thought that was sort of interesting. 

Ms. ROS-LEHTINEN. I totally agree with the Chairman. Thank 

you for bringing that up. 

Mr. LANTOS. Would the gentlelady yield? 

Ms. ROS-LEHTINEN. Mr. Lantos, if I could first just wrap up my 

argument. 

I want to read a quote from Ambassador Jean Kirkpatrick, who 

pointed out very clearly many years ago why this bill, the Chairman’s bill, would not be in violation of international treaties. She 

says: ‘‘It is sometimes argued that as signatories to the treaty we 

assume an absolute legal obligation to pay the assessed share of 

the budget. It seems to me, after consultation and reflection, that 

this obligation is real, substantial, and serious, but that it is not 

absolute.’’ It is not absolute. ‘‘We should not assume however,’’ continuing with Jean Kirkpatrick’s comments, ‘‘any expense proportioned by the General Assembly is absolutely valid.’’

I think reforms are needed. We are going to pay our dues, but 

we cannot continue with the UN as it is now. 

I thank the Chairman for the time. 

Chairman HYDE. Thank you. 

The gentleman from California, Mr. Lantos, is recognized for 1 

minute. We will just kind of sneak this in. Go ahead. 

Mr. LANTOS. Thank you very much, Mr. Chairman. 

Let me just remind my colleagues that a higher authority gave 

us the Ten Commandments, and this Committee proposes to give 

39 commandments to the United Nations. And even if only 38 of 

those commandments will be adhered to, half of our budget is withheld automatically. 

Now, for the life of me, I cannot grasp the omniscience behind 

the number of 39. We could have devised 52 commandments or 27, 

but we are now stuck with the figure 39. And if by the appropriate 

time only 38 of these will have been achieved by the United Nations, automatically, without any further action, half of United 

States dues to the UN are terminated. 

The logic of putting ourselves in a straitjacket absolutely escapes 

me when, in point of fact, we could make intelligent, rational judgments through our Secretary of State at the time when it is called 

174

for. Clearly, 535 people cannot have that discretionary power. Only 

one person can have it, and the appropriate person is the Secretary 

of State. 

Thank you, Mr. Chairman. 

Chairman HYDE. I would just like to respond to my friend from 

California that 39 is the reduced figure. We had double that number of programs. We cut it down to 39. 

Mr. LANTOS. I am impressed, Mr. Chairman. 

Chairman HYDE. A demonstration of our sparkling mood. 

Ms. Watson of California. 

Ms. WATSON. I would like to thank the Chairman for this time 

to speak at a level of diplomacy. 

I have worked with the UN. There are 191 members, as has been 

said, representing many different areas of the world with many different traditions, customs and beliefs. In my recent travels, I have 

sensed a disdain toward the United States for many of the actions 

we have taken. Yes, the UN does need to be reformed, but I do not 

think this is the way to do it. 

We have programs that we all support. I am concerned about the 

genocide in Darfur, I am concerned about the number of UN peacekeepers that we can send to hot spots throughout the globe. If we 

automatically pulled the funding out, we would not be able to participate relevant to our size and our wealth. We would no longer 

be the lead player in the world because we are not supplying the 

contributions that will allow the UN to react when necessary. 

So I think we need to go back to the drawing board. I think that 

the Lantos amendment offers a way. It is not perfect, but the base 

bill would do the UN more harm than good. The message we send 

from here to the UN is that we are going to cut your feet out from 

under you. 

We must work with nations who make up that 191 membership. 

We must do more to understand what we are dealing with and not 

pull out their life’s blood. If we do that, we are not going to reach 

our goals, and particularly at a time when this country is going out 

around the globe asking for democracy. 

We are going to have to back that up with resources. We are 

going to have to back the UN up with personnel and people and 

study groups. 

So I don’t think either one of the proposals is ready yet. However, I opt to support the amendment and hope that we can include 

in the amendment, Mr. Lantos, maybe a requirement for the Secretary to come for an annual oversight hearing and do us an annual report as to how we are meeting the goals. 

Thank you so much, Mr. Chairman. 

Chairman HYDE. I would like to announce that we have only 

about five more speakers, and then we will probably vote on this 

very important amendment around 12:30. So if you could check 

your hunger pangs until we vote, I would be appreciative. 

Mr. Schiff. 

Mr. SCHIFF. Mr. Chairman and Members, the world has changed 

dramatically since the United Nations was founded 60 years ago—

and not only since then, but in fact, the world has changed dramatically in the last 5 years. The UN has been very slow to reform 

itself, and if we are candid with ourselves, so have we. 

175

We are in the midst of reforming our intelligence agencies, our 

Department of Homeland Security, we are engaged in a military 

transformation that is taking altogether too long, and if there is 

any institution that has been slow to reform itself, it is the Congress itself, which has been very slow to act at all on the recommendations of the 9–11 Commission vis-a-vis the organization of 

Congress. 

I have expressed my concern as a Member of the Subcommittee 

on Oversight and Investigations that while we have had several 

very important hearings on United Nations reform, we have yet to 

begin oversight of many of our own institutions. 

I think the main issue before us today is, what is the challenge 

facing the United Nations? I think the biggest challenge facing the 

United Nations is to redefine itself from its mission of six decades 

ago with a focus on state-on-state warfare, to intrastate violence, 

to the danger of stateless terrorism, to the stubborn issues of poverty and disease. 

Reform is essential, and the Chairman is exactly right, the encouraging thing about this hearing is that we are all not only 

united on the need for reform, but in fact on the very reforms that 

are being proposed. We have to end the corruption present in the 

institutions within the United Nations, as exemplified by Oil-forFood; we have to end allowing human rights abusers a say in 

human rights issues; we have to end the endless attacks upon the 

democratic state of Israel, and we have to end the paralysis that 

allows the tragedy of Darfur and others to continue. 

The question before the Committee, as the Chairman points out, 

is, how is this reform best achieved? Is it best achieved by starving 

the United Nations of funds if it fails to meet a pace of reform that 

all would like, but none truly believe is possible? 

In the substitute from my colleague, Mr. Lantos—and I want to 

compliment him for all his fine work on this—the Secretary of 

State is given discretion to use the threat or the reality of dues reduction to achieve reform. This is a considerable leap of faith for 

many on this Committee, to place that level of discretion in the 

Secretary of State. And I assure those in the Majority, if they are 

uncomfortable giving the Secretary that discretion, it is nothing 

compared to those in the Minority who are uncomfortable giving 

the Secretary that discretion. 

The advantage, of course, in giving the Secretary discretion is 

that depending on what is happening in the world, on the eve of 

new elections in Iraq, or requesting UN assistance on the drafting 

of a Constitution or other imperatives of national security, that the 

Secretary of State can consider the world situation and how withdrawing our dues at that moment would affect these other critical 

national security interests of the country. 

Does the Majority really believe Dr. Rice will be too soft on UN 

reform, that she would coddle the UN, that she cannot be trusted 

with the discretion the Lantos bill provides? I remind the Majority, 

this is the same Secretary of State championing John Bolton’s appointment for Ambassador to the United Nations. If that doesn’t 

give the Democratic Members pause, I don’t know what will. 

If giving the Administration the power to withhold dues does not 

spur reform at the UN, I don’t know what will either. 

176

Of course, if the goal is not reform, but to starve the beast, well 

that is a different matter altogether. If we set such standards on 

ourselves, the pace of reform we are demanding of the United Nations, we would be cutting the legislative budget for Congress, not 

increasing it. 

There is little dispute on this Committee of the need for reform 

or the direction of reform. That is the good news. The choice, I 

think, before us today is whether we work within the United Nations to achieve reform or we work without it. And given the critical areas where we need the United Nations, where they provide 

beneficial assistance, I think we work within the United Nations 

to achieve reform, not without it. 

And I would like to conclude, Mr. Chairman, by asking unanimous consent to insert in the record excerpts of testimony by Mr. 

Kennedy, Ambassador to the United Nations, and also testimony of 

Deputy Assistant Secretary of State Mark Lagon, both of whom 

testified against the wisdom of an imperative dues withholding. 

I request that unanimous consent, and with that would be happy 

to yield back the balance of my time. 

Chairman HYDE. Without objection, so ordered. 

[The information referred to follows:]

EXCERPT OF REMARKS BY PATRICK KENNEDY, AMBASSADOR TO THE UNITED NATIONS

FOR MANAGEMENT AND REFORM, UNITED STATES MISSION TO THE UNITED NATIONS

OVERSIGHT & INVESTIGATIONS SUBCOMMITTEE HEARING ON ‘‘UNITED NATIONS

OPERATIONS: INTEGRITY AND ACCOUNTABILITY,’’ MARCH 2, 2005

There is a group that we have put together in New York. It is called the Extended 

Group for want of a better name. It is about 25 or 30 countries that make some 

of the major contributions to the U.N. 

It is a like-minded group that seeks reform. It is the European Union, Canada, 

Australia, New Zealand, Russia, Switzerland, Norway, Japan, South Korea, and the 

United States. 

We discuss these things, and we meet regularly to plan strategy, and when I can 

say, or my colleagues can say to them that our Parliament, our Congress, is very 

interested in making sure that every dollar is spent by the U.N. correctly, they listen and they hear that. 

But then this goes to the kind of tools, and I cannot recommend withholding, 

because it is potentially too blunt an instrument, and let me give you an example. Let us say that you suggest that we achieve three goals, A, B, and C, whatever they might be. And I am in the process of negotiating an agreement with 190 

other member states to get something done. And I can get A and B, and in the process of the negotiations, I get D and E. 

That total package, A, B, D, and E, is greater than A, B, and C, in terms of a 

major step forward in terms of improving the United Nations operations. But I am 

now forced to withhold our contributions, causing the U.N. not to be able to assist 

the new Government of Iraq. 

It was the United Nations that helped the Iraqi electoral commission, and to put 

on the elections that just took place. And there are two more elections set for Iraq 

this year; one to approve the new Constitution that will be written shortly, and a 

second to elect a new Government. 

The Iraqis have never had an election up until the one a couple of weeks ago in 

a free and fair society. They need United Nations’ help, the same help that is being 

given out. So I need to be able to say that my legislature is very interested in improvements. 

But sanctions when I am negotiating improvements, the sanction of withholding is too blunt because it is not targeted enough. If I can get X, Y, and 

Z, instead of A, B, and C, I believe that I can come up and present that and you 

would accept that that is a better goal than the original. 

177

And then if I am withholding, then it does not achieve our joint goals of 

improving U.N. operations and improving the ability of the United Nations 

to serve as a tool that assists us in achieving our national security goals. 

EXCHANGE BETWEEN REPRESENTATIVE WILLIAM D. DELAHUNT AND DEPUTY

ASSISTANT SECRETARY OF STATE FOR INTERNATIONAL ORGANIZATIONS MARK LAGON

HOUSE INTERNATIONAL RELATIONS COMMITTEE HEARING ON ‘‘REFORMING THE UNITED

NATIONS: BUDGET AND MANAGEMENT PERSPECTIVES,’’ MAY 19, 2005

REP. DELAHUNT: Yes, thank you, Madam Chair. 

Mr. Secretary, if there should be a—let me rephrase that. What’s the position of 

the administration on the withholding of dues? If this committee should come forward with legislation that incorporates withholding of dues, a percentage thereof, 

whatever—I’m certainly not supportive of that. What’s the position of the administration? 

MR. LAGON: In general we welcome legislation that shows that the Congress 

stands strongly behind the administration’s effort for reforms. Specifically to answer 

your question about withholdings, the Executive Branch has made a request for appropriations in their authorization for our dues for both the regular budget and the 

peacekeeping budget. And we stand by that. 

REP. DELAHUNT: Okay. So let me be clear because I think it’s important that 

we do be clear and that we don’t equivocate. But it’s the position of the administration that the United States should pay its appropriate dues to the United Nations? 

Not a maybe, not a percentage, but you pay its full dues to the United Nations. 

MR. LAGON: It’s an obligation we have signed onto. 

REP. DELAHUNT: Thank you.

Chairman HYDE. The gentleman from California, Mr. Sherman. 

He is not here. Ms. Lee of California. 

Ms. LEE. Well, thank you, Mr. Chairman. Let me first just say, 

I think this is a healthy discussion, a healthy debate. And I must 

be quite frank with you and this Committee, I think—and we all 

have agreed, myself included, that there is need for reform at the 

United Nations, but I guess I must ask the question: Is the goal 

of this resolution, is the goal of the Administration and what the 

Congress is trying to do, is it real reform or is it really an effort 

to begin to dismantle or to withdraw from the United Nations? 

And I have to say that because when I look at the nominee for 

the United Nations Ambassador post, you look at Mr. Bolton and 

his public statements of, I must say, disdain for the United Nations, then you look at the move now to withdraw our dues, I have 

to really question what we are up to. 

I think it is very terrible, and it is a dangerous message to send 

on the eve of the 60th anniversary of the founding of the United 

Nations that we are still trying to figure out how to have our way 

all of the time, and that is what this is about. 

We are part of a family of nations. There is no way that the 

United States can achieve our national security goals by withholding dues and by wanting or attempting or sending a message 

that we are willing to withdraw from this complex and collaborative process that requires diplomacy when it is in the United 

States’ interest. 

We seem to go to the United Nations and demand the UN pass 

certain measures, and generally the United Nations does. One of 

my colleagues said, ‘‘Friends must believe in what the United 

States believes in or else we don’t have a responsibility to do much 

of anything.’’ Well, I must respectfully disagree with that. 

The rest of the world may not agree with what the United States 

says. Many of us have traveled all over the world, and we know. 

178

And Congresswoman Watson talked about the lack of respect that 

many in the world have with regard to the United States at this 

point because of our unilateral actions and because of our demands 

that only our view be the view, and that other points of view not 

be considered valid. 

So I think we get it. Many of us get it. And I think this is more 

than just about UN reform. I hope it is not. 

But I think we should pay our dues and we should work with the 

United Nations to address not only reform efforts, but many of the 

complex problems and difficulties that the world has and that we 

must achieve in terms of sorting through. 

When we have weapons of mass destruction and nuclear weapons 

pointed in all directions, you are going to tell me that we want to 

send a message that we have got to withdraw our dues, hold it as 

a form of blackmail until we get everything that we want, when we 

are part of a global community, a family of nations? 

And so I just think this is a terrible, it is a horrible message to 

be sending to the United Nations and the rest of the world during 

a time when we are celebrating, or we should be celebrating, the 

60th anniversary of its founding. We should be initiating efforts to 

win friends so that we can influence friends, so that we can begin 

to work more closely with the family of nations to achieve not only 

the United States’ national security needs, but peace and security 

and stability throughout the world. 

Thank you, Mr. Chairman. 

Chairman HYDE. Thank the gentlelady. 

Mr. Berman of California. 

Mr. BERMAN. Thank you, Mr. Chairman. I missed the Chairman’s opening statement in favor of the bill, but I listened carefully 

to Mr.——

Mr. LANTOS. Could we repeat the opening statement, Mr. Chairman? 

Mr. BERMAN. But I listened to Mr. Pence’s arguments. And put 

aside for a second the wisdom of these two approaches in terms of 

achieving the reform. 

The argument of the gentleman from Indiana was basically an 

argument premised on the power of the purse and the use of the 

power of the purse. But there is a provision in this bill that has 

nothing to do with the power of the purse and which I have heard 

no comment on and which I would love to hear the gentleman from 

Indiana or the Chairman of the Committee defend, especially given 

the Chairman of the Committee’s repeated commitment to keeping 

Congress from interfering with the prerogatives of the President, of 

the Commander-in-Chief, and that is that if this bill were to pass, 

the day after it passed, this law requires the President of the 

United States to veto a peacekeeping operation, either a new one 

or the expansion of an existing one, unless a certain number of the 

reforms provided for in this bill are adopted. 

Those reforms are very good reforms. In fact, they are compelling 

reforms. But the notion that this Congress would mandate the 

President to exercise a veto of a peacekeeping operation is of dubious constitutionality and is really stupid. Because, let’s say for a 

second, the problems of China vis-a-vis Sudan or some outbreak 

someplace in the world, and we have a consensus on the Security 

179

Council, including the veto-wielding powers on the Security Council; that a new UN operation, which perhaps requires no obligation 

in terms of United States troops, comes up, an operation like the 

one undertaken in Sri Lanka or perhaps the one embracing the relatively meager efforts now going on in Darfur, with the more 

meaningful and robust UN peacekeeping operation. 

We are requiring—because of the failure of the UN to undertake 

some of the reforms required, primarily dealing with codes of conduct involving UN peacekeeping troops, we are requiring the President to veto it. That is like saying we are going to prohibit the police departments of a local agency from undertaking any law enforcement operations until such time as they provide for an independent police-civilian review board and a code of conduct to overcome past brutality charges and allegations. It makes no sense. 

It has nothing to do with the power of the purse and invades the 

progress of the Executive Branch in terms of foreign policy and exercising the veto at the United Nations, and it should be struck 

from this bill. 

I would love to hear some defense of this provision, which is unrelated to the withholding of dues and which limits so dramatically 

the flexibility on something which we might all agree is a sensible 

operation for the UN to proceed on. 

Chairman HYDE. I thank the gentleman. 

Mr. Gallegly from California. 

Mr. GALLEGLY. I thank the Chairman for yielding and I will yield 

to the gentleman from New Jersey, Mr. Smith. 

Mr. SMITH OF NEW JERSEY. I thank my friend for yielding. In response to my good friend and colleague from California for raising 

what I think is a very good question, there are a total of seven 

vital, achievable reforms in the certification section. 

Five reforms are linked to an immediate withholding of support 

for new or expanding missions. They include: (1) adoption of a uniform code of conduct; (2) training on the code of conduct; (3) signature of an oath to abide by the code of conduct; (4) designing programs to explain prohibitive acts to host populations; and (5) the 

creation of a centralized database to track cases of misconduct. 

I would point out that two additional reforms that would not 

have to be certified until January 1, 2007, would be the adoption 

of a model memorandum of understanding and establishment of an 

independent investigative and oversight function. 

So the first five, I would point out, have already been endorsed 

and raised except for the oath by the Commission. The C–34 Commission has been meeting at the United Nations. This legislation 

basically tries to give it additional oomph so that these very important reforms don’t fall through the cracks and says that we are 

putting our power of the purse, to use the gentleman from Indiana’s term, behind trying to make sure that they do indeed happen. 

Mr. BERMAN. Would the gentleman just yield on that? 

Mr. SMITH OF NEW JERSEY. Let me also point out to my colleagues that my good friend and colleague, Ms. Lee, mentioned earlier about how maybe there is some thought here of dismantling 

the United Nations. If you look at the next bill that we will be 

marking up, the Foreign Relations Act of 2006, 2007, the State Department bill, we in that bill double the amount of money for 

180

peacekeeping. We go from $483 million to $1,035,000,000. And that 

is to accommodate five new missions that have already been approved or expanded in Burundi, Sudan, Cote d’Ivoire and Haiti. 

Mr. BERMAN. Would the gentleman yield? I would ask unanimous consent the gentleman have 1 additional minute. 

Chairman HYDE. The gentleman’s time has expired. 

Mr. BERMAN. I would ask unanimous consent to give 1 additional 

minute. 

Chairman HYDE. Without objection, so ordered. 

Mr. BERMAN. Would the gentleman yield? 

Mr. SMITH OF NEW JERSEY. Sure. 

Mr. BERMAN. Would the gentleman from California yield? 

Mr. GALLEGLY. I would yield to the gentleman. 

Mr. BERMAN. I thank the gentleman for yielding. My point 

wasn’t the validity of these proposed reforms. They are compelling, 

as I said. My point was the bill requires the President of the 

United States to instruct the Secretary of State to veto any new 

peacekeeping operation or any expansion of a peacekeeping operation. It has nothing to do with holding dues or providing some 

oomph to achieve those reforms, which are so compelling. It says, 

notwithstanding the fact that it is in the world’s interests and U.S. 

national interests for some new peacekeeping operation to take 

place, even if one or more of those five reforms haven’t yet been 

fully implemented, including, I might add, the training of a very 

large number of peacekeepers, the U.S. must exercise the veto and 

kill that peacekeeping operation. 

Chairman HYDE. Would the gentleman yield to me? 

Mr. GALLEGLY. I would yield to the Chairman. 

Chairman HYDE. The gentleman certainly has the United States 

in a UN hammerlock. Why should we have to designate any operation with our troops or with our money as a UN peacekeeping? If 

we want to send troops over to somewhere in Leach. Or into Haiti 

as American troops, we can do it. We don’t have to do it under 

the——

Mr. BERMAN. Would the gentleman yield to me? 

Chairman HYDE. Sure. 

Mr. GALLEGLY. Mr. Chairman, how much time do I have remaining? 

Mr. BERMAN. I ask unanimous consent the gentleman have 1 additional minute. 

Chairman HYDE. Without objection, so ordered. 

Mr. GALLEGLY. I would yield to Mr. Berman. 

Mr. BERMAN. My point is we are talking about a UN peacekeeping operation that need not involve any U.S. troops. Take East 

Timor. East Timor was an operation sanctioned by the UN Security 

Council, led by the Australians, as far as I understand, except perhaps with a little bit of logistical help, no United States peacekeeping troops. That was in U.S. interests. The bill as now written 

goes far beyond the issue of withholding dues. It requires the Secretary of State or the UN Ambassador under the direction of the 

Secretary of State to veto that operation. You go too far, not for the 

first time. 

Mr. SMITH OF NEW JERSEY. Would my friend yield? I think it 

should be made very clear that with all of these five safeguards 

181

which ensure that the peacekeepers are being deployed to places 

like the Congo, where you have exceedingly vulnerable populations, 

such as 13- and 14-year-olds, as we heard at that witness table just 

a few months ago when we held our hearing on the Congo, why 

wouldn’t we want to ensure that before we muster and send out 

into the world a group of peacekeepers, that they wouldn’t have the 

training, the kind of code of conduct that would ensure that they 

don’t rape and pillage? And when I say rape, we are talking about 

raping 13-year-olds. That is what happened. This isn’t conjecture. 

We have already been alerted to a fact that we have a serious ongoing problem. 

Mr. BERMAN. Tell it to the people of Darfur. 

Mr. SMITH OF NEW JERSEY. And we want to ensure, too, that 

those who are deployed there—and I think that the African Union 

is going a great job in trying to ensure that the troops that will 

make up that force are indeed properly vetted—are not sent into 

a situation where they become part of the problem, not part of the 

solution. 

This is minimalist stuff. This isn’t exceedingly hard to do. This 

is already on the same page that the United Nations is on with the 

C–34 group and with Prince Sayad. 

Mr. GALLEGLY. Reclaiming my time, Mr. Chairman. I yield back. 

Chairman HYDE. Thank you. 

Mr. Adam Smith of Washington. 

Mr. SMITH OF WASHINGTON. Mr. Chairman, I made it clear that 

I did not wish to speak. 

Chairman HYDE. Mr. Chandler of Kentucky. 

Mr. CHANDLER. Thank you, Mr. Chairman. 

I would like to associate myself, first of all, with remarks of Mr. 

Leach of Iowa and several Members on this side of the aisle. There 

is no question whatsoever that reforms are needed at the United 

Nations, but I do not believe that this is the way to achieve those 

reforms. We should be steadfast in our determination to improve 

the UN, but it must be done within the Constitution of the United 

Nations, if indeed we believe in the very notion of a United Nations. This bill is very akin, in my view, to the little child who 

takes his ball home when he doesn’t get his way. We must work 

within the international system in order to gain the respect of the 

international community. 

Over the last several years we have lost a great deal of respect 

throughout the world. I would suggest to you that our standing in 

the international community may have never been lower than it is 

today. This bill, I believe, would further erode our standing. 

I think it would be wise for us to remember that we make up 

less than 5 percent of the population of this world. I believe it is 

rather important for us to gain and maintain the respect and the 

friendship of the other 95 percent. I believe it to be important indeed to our national security that we gain the respect and the 

friendship of the rest of the world. If every country in the world 

decided to withhold its dues because it did not agree what the UN 

did in certain instances, as this bill purports to do, the result would 

be utter chaos. 

In sum, I know that this bill is well intentioned, I know that the 

efforts are sincere, and I know that the cause is just and the reVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00187 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL
182

forms are necessary. I find myself agreeing very strongly with the 

gentleman from Iowa, and will vote for the Lantos amendment, but 

intend to vote against the underlying bill. Thank you, Mr. Chairman. 

Chairman HYDE. Thank you. 

Mr. Weller. 

Mr. WELLER. Thank you, Mr. Chairman. I yield my time to Mr. 

Pence from Indiana. 

Mr. PENCE. I thank the gentleman for yielding. And I want to 

thank my colleague Mr. Berman for his compliments about the 

Hyde-Pence bill. I will look forward to quoting his description of 

these as good reforms on the House Floor. I say that very seriously, 

having an enormous amount of respect for the gentleman. 

But as to the assertion of the reform that calls for the immediate 

withholding of support for new or expanded peacekeeping missions 

if the United Nations fails to meet the five criteria so effectively 

described by my colleague from New Jersey, Mr. Smith, a little bit 

of context. Mr. Berman says these reforms go too far. 

Mr. BERMAN. No, I didn’t. 

Mr. PENCE. Retaining my time. Not according to the UN. The 

UN Special Commission on Peacekeeping has embraced all five of 

these reforms. It is in the wake of the extraordinary and unchallenged revelations of the rape of girls as young as 10 years old by 

UN peacekeeping officials, the intimidation of witnesses, the trafficking in child pornography, in photographic recreations of these 

barbaric incidents has brought the United Nations Special Commission on Peacekeeping to the table. 

And the reforms that the Hyde-Pence bill calls for are not only 

not going too far, but they are precisely that which has been endorsed by the United Nations. They can be accomplished not in a 

matter of years, but, according to the United Nations, they can be 

accomplished in a matter of months or even weeks. Well they 

should be accomplished. 

Within the confines of the balance of my time, I would respond 

to the gentlelady’s remarks earlier where she asked what are we 

up to, which I think is a very good question to always ask colleagues in Congress. I want to say, as the only named co-sponsor, 

original named co-sponsor of this thoughtful measure, I cannot 

speak for Chairman Hyde, nor do I think I have need to. People 

in this institution know his heart and his integrity. As to this conservative’s intentions in this bill, it is to achieve nothing less than 

the reforms that will ensure the continued vitality and credibility 

of the United Nations in the 21st century. 

If we did not have a United Nations, we would have to invent 

it. But the United Nations today has, through scandal and profound mismanagement, become a disgrace, and it runs the risk of 

marginalizing itself as it increasingly becomes what President John 

F. Kennedy said in his inaugural address, a ‘‘forum for invective 

against the West.’’ Only through the reforms contained in the Hyde 

bill with the enforcement in the Hyde bill that is not included in 

the Lantos amendment will we achieve the reforms necessary to 

ensure the ongoing vitality of this institution. 

It is not in my heart or in my purpose, nor do I believe it is in 

the heart or the purpose of the esteemed Chairman of this ComVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00188 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL
183

mittee, to undo the UN, but it is to redo it with reform with teeth. 

A central part of that are the five reforms that Mr. Berman referred to: Calling on the President of the United States to stand 

with the UN Special Commission on Peacekeeping and say that unless and until in the weeks and months that it will be required to 

implement these five specific reforms to ensure that these abuses 

will not occur by peacekeepers again against innocent civilians, 

that we will withhold U.S. participation in new or expanded missions. And I yield back. 

Mr. BERMAN. Point of personal privilege, Mr. Chairman. 

Chairman HYDE. Mr. Berman. 

Mr. BERMAN. I think my comments were unfortunately, and I am 

sure unintentionally, totally mischaracterized by the gentleman 

from Indiana. I never said these reforms went too far. I said the 

sanction to get these reforms went too far. Requiring the President 

to veto any new or—peacekeeping operation or any expansion of a 

peacekeeping operation without the regard to the merits of it, the 

extent to which it is in U.S. national interests, is a sanction both 

constitutionally questionable in terms of being forced by Congress 

and unwise in terms of U.S. foreign policy. 

Chairman HYDE. I thank the gentleman. 

Ms. LEE. Mr. Chairman. 

Chairman HYDE. Ms. Lee. 

Ms. LEE. May I respond to the gentleman in 1 minute, please? 

Chairman HYDE. Okay, 1 minute, please. 

Ms. LEE. I just wanted to say to the gentleman who just made 

his remarks that what I believe in terms of reforming the United 

Nations or helping to reform the United Nations requires collaboration, it requires working with the United Nations. It does not require such a measure as withholding of our dues, because, in fact, 

if we withhold our dues, and other nations begin to withhold their 

dues seeing that that is a strategy that is allowable, then, in fact, 

we will have no United Nations. 

Mr. SMITH OF NEW JERSEY. Would the gentlelady yield? 

Ms. LEE. Yes. 

Mr. SMITH OF NEW JERSEY. I would just observe that it has been 

my experience that conditionality, especially when it relates to 

human rights, is about the only way to get the attention of people 

who are violating, especially when they are violating with impunity. Friends don’t let friends commit human rights abuses. 

The sad but real fact on the ground is that the Human Rights 

Commission has become a joke riddled with hypocrisy. In UN 

peacekeeping, very, very good people make up the majority of the 

ranks, but a disproportionate number of violators of human rights 

and people who are in this for reasons other than peacekeeping 

need to be reigned in. 

We have found, whether it be the International Relations Freedom Act or the Trafficking and Victims Protection Act where we 

linked conditionality, funds in response to whether or not a country 

in that case, in this case an organization, were making progress in 

the area of human rights—so I do think conditionality—we are not 

saying withhold, we are saying conditionality reigns here. 

Mr. PAYNE. And would you yield a second, Ms. Lee? The five 

issues that were mentioned by the gentleman that said it will go 

184

into reform in the next month or 2, a year or so, were done without 

any kind of conditionality. 

Chairman HYDE. The gentleman is not recognized. 

Mr. PAYNE. Oh. Here I am. 

Chairman HYDE. He is seen, but not recognized. 

Mr. PAYNE. Okay. 

Chairman HYDE. I think we have discussed this quite enough except for one more speaker, and that is me. 

Mr. ACKERMAN. Mr. Chairman. 

Chairman HYDE. Who is addressing the Chairman? 

Mr. ACKERMAN. Mr. Chairman, I am over here. 

Chairman HYDE. The Chair recognizes Mr. Ackerman. 

Mr. ACKERMAN. I thank the Chair. I think this has been one of 

the better discussions that we have ever had. I especially like the 

part about the doghouse. I think that is really good. Sometimes 

there is a great need for doghouses, and a lot of us have been 

there. I would agree with the gentleman from Michigan in his presentation if I agreed that the UN was our contractor, and if it 

wasn’t doing our bidding and building things our way according to 

our timetable because we hired them, then I would cut off the pay 

of my contractor because that is a different relationship, I think, 

between a customer and a contractor than is between a country 

constituent of an international organization, which I believe the 

UN is, rather than a contractor that we have hired. 

Mr. MCCOTTER. Would the gentleman yield on that point? 

Mr. ACKERMAN. Momentarily. 

We are all citizens of the United States, and as citizens—and 

that is also a voluntary thing—we have to pay our dues to our 

country. It is in the form of taxes usually. If we don’t like what our 

Government is doing, are we entitled to make unilateral decisions 

that there is not enough transparency, that the Government isn’t 

sticking steadfastly to the appropriate code of conduct, that U.S. 

soldiers haven’t done things that are of a terrible nature in different parts of the world, therefore giving me the right to withhold 

part of my taxes and you the right to withhold part of yours if you 

see things that you don’t like? 

In order to make this country work, we have to have enough respect for each other to fully participate, and in order for us to be 

as a Nation respected in the world body, we have to participate in 

that as well. The UN is not a contractor. If I thought I needed a 

doghouse, and the contractor wasn’t working fast enough, my other 

option would be to build it myself. And I know what kind of carpenter I am. It would be a lot more expensive and take me a lot 

longer. And looking around the world with all of the problems and 

hot spots that we have and those that are yet to evolve, we would 

be in the permanent business of building doghouses all over the 

world at enormous cost and living in most of them. 

I yield back the balance of my time. 

Mr. MCCOTTER. Would the gentleman yield on the point? 

Mr. ACKERMAN. I would be delighted. 

Mr. MCCOTTER. The point is, is not in terms of relation to member countries, but in terms of Mr. Annan and others who are the 

administrative bureaucracy. They are contractors for every single 

185

member nation. So, ergo, they do have a contractual relationship——

Mr. ACKERMAN. Reclaiming my time, Mr. Chairman. 

You know, a lot of people have problems with the policies of Mr. 

Bush. That still doesn’t give us the right to withhold our taxes. We 

still have to be positive, and we still have to have reforms from 

within, and we still have to have a consensus. 

Mr. MCCOTTER. Again, but if the gentleman would yield. The 

point is not about the policies that they have pursued, it is about 

the misfeasance and malfeasance that has been seen in the organization. 

Mr. ACKERMAN. That is exactly my point. Some of us think that 

there are problems even here in our own country, but does that 

give us the right—and this is still the greatest country in the 

world. I am sure the gentleman will feel free, on the Floor, to quote 

me, as Mr. Berman. Despite the fact, we have to still stick to the 

program, and we still have to participate in our country as our 

country has to participate as a reasonable player on the international stand. 

Chairman HYDE. All time has expired. The Chair recognizes himself for 5 minutes prior to calling for the vote. 

I would like to answer a few of the remarks that have passed up 

here. One of them was don’t you trust Condi Rice? I not only trust 

her, I revere her. But I have never seen a Secretary of State from 

Thomas Jefferson on down to Condoleezza Rice who could withstand paying dues to some international organization. We take that 

burden from her by mandating the withholding of dues. 

One of the most interesting aspects of this debate is the fact that 

Mr. Lantos’ bill and his supporters’ is identical with Mr. Hyde’s bill 

and his supporters’ except for the powers given to Condi Rice. The 

power given to Condi Rice’s flexibility, she can waive it, she can 

allow them $1 instead of the 50 percent. She has total control over 

the pursestrings under Mr. Lantos’ bill. 

But every one of the Democrats that is going to vote for his bill—

and God bless them all—every one of them is voting to withhold 

dues as a means of enforcing reform, only they withhold the dues 

in a different fashion than we do. We legislate them. We say we 

have had enough waivers and waiving of point of order like we do 

every year on the budget time and time again to make it a meaningless document. We are going to have teeth in reform. We are 

going to legislate it. It isn’t impossible. You can do 32 of 39 and 

still be certified; you have 2 more years to do the rest. But it is 

the identical format, the identical reforms, only it is the Secretary 

of State that has the authority, and we legislate it. That is the difference. So if you are for reform, you have a choice. 

Now, with that——

Mr. LANTOS. Mr. Chairman. 

Chairman HYDE. Yes. I yield to Mr. Lantos. 

Mr. LANTOS. I appreciate that very much. Let me first commend 

all of my colleagues on both sides of the aisle for this well-informed, respectful, and intelligent discussion. And I specifically 

want to thank my good friend from Indiana, Mr. Pence, and you, 

Mr. Chairman, for your legislation. 

186

Let me also say that the Chairman is correct. We believe that 

the problems at the UN are serious, and we are prepared on this 

side to go as far as to withhold dues in extremis, if reason, persuasion, recommendation are all unsuccessful. 

Now, you, Mr. Chairman, have just indicated that you revere 

Condi Rice. I don’t think I would use the word revere, but I have 

a great deal of respect for her. And in the vote about to ensue, we 

will have the unusual, almost extraordinary phenomenon of Members on the Democratic side providing the Secretary of State, 

charged to conduct U.S. foreign policy, flexibility for a time period 

that is yet to come. 

The original legislation creates an unchangeable automatic mechanism of a 50 percent cut in United States dues to the United Nations. What this means is that if, in fact, 38 of the 39 commandments are fulfilled, a 50 percent automatic dues reduction follows. 

In our judgment, if 38 of the 39 commandments are fulfilled, the 

Secretary of State, whoever she or he may be, ought to have the 

judgment and discretion and flexibility to withhold an appropriate 

amount if he or she so demands. The notion that 39 is the magic 

number, and this incredibly complex and profoundly flawed organization of 191 members must meet all 39 criteria appears to this 

Member an absurdity which will not, in fact, unfold. 

Thank you, Mr. Chairman. 

Chairman HYDE. You are welcome. The Chair would like to say 

that the prospect of the Secretary of State withholding dues from 

the UN is also a far-fetched prospect. 

The question now arises on the substitute offered by Mr. Lantos. 

I think, instead of wasting time with a voice vote, we will do a rollcall. So the clerk will call the roll. 

Ms. RUSH. Mr. Leach. 

Mr. LEACH. Yes. 

Ms. RUSH. Mr. Leach votes yes. 

Mr. Smith from New Jersey. 

Mr. SMITH OF NEW JERSEY. No. 

Ms. RUSH. Mr. Smith votes no. 

Mr. Burton. 

[No response.] 

Ms. RUSH. Mr. Gallegly. 

Mr. GALLEGLY. No. 

Ms. RUSH. Mr. Gallegly votes no. 

Ms. Ros-Lehtinen. 

Ms. ROS-LEHTINEN. No. 

Ms. RUSH. Ms. Ros-Lehtinen votes no. 

Mr. Rohrabacher. 

Mr. ROHRABACHER. No. 

Ms. RUSH. Mr. Rohrabacher votes no. 

Mr. Royce. 

Mr. ROYCE. No. 

Ms. RUSH. Mr. Royce votes no. 

Mr. King. 

Mr. KING. No. 

Ms. RUSH. Mr. King votes no. 

Mr. Chabot. 

Mr. CHABOT. No. 

187

Ms. RUSH. Mr. Chabot votes no. 

Mr. Tancredo. 

Mr. TANCREDO. No. 

Ms. RUSH. Mr. Tancredo votes no. 

Mr. Paul. 

Mr. PAUL. Yes. 

Ms. RUSH. Mr. Paul votes yes. 

Mr. Issa. 

[No response.] 

Ms. RUSH. Mr. Flake. 

[No response.] 

Ms. RUSH. Mrs. Davis. 

Mrs. DAVIS. No. 

Ms. RUSH. Mrs. Davis votes no. 

Mr. Green. 

Mr. GREEN. No. 

Ms. RUSH. Mr. Green votes no. 

Mr. Weller. 

Mr. WELLER. No. 

Ms. RUSH. Mr. Weller votes no. 

Mr. Pence. 

Mr. PENCE. No. 

Ms. RUSH. Mr. Pence votes no. 

Mr. McCotter. 

Mr. MCCOTTER. No. 

Ms. RUSH. Mr. McCotter votes no. 

Ms. Harris. 

Ms. HARRIS. No. 

Ms. RUSH. Ms. Harris votes no. 

Mr. Wilson. 

Mr. WILSON. No. 

Ms. RUSH. Mr. Wilson votes no. 

Mr. Boozman. 

Mr. BOOZMAN. No. 

Ms. RUSH. Mr. Boozman votes no. 

Mr. Barrett. 

Mr. BARRETT. No. 

Ms. RUSH. Mr. Barrett votes no. 

Mr. Mack. 

Mr. MACK. No. 

Ms. RUSH. Mr. Mack votes no. 

Mr. Fortenberry. 

Mr. FORTENBERRY. No. 

Ms. RUSH. Mr. Fortenberry votes no. 

Mr. McCaul. 

Mr. MCCAUL. No. 

Ms. RUSH. Mr. McCaul votes no. 

Mr. Poe. 

Mr. POE. No. 

Ms. RUSH. Mr. Poe votes no. 

Mr. Lantos. 

Mr. LANTOS. Yes. 

Ms. RUSH. Mr. Lantos votes yes. 

Mr. Berman. 

188

Mr. BERMAN. Yes. 

Ms. RUSH. Mr. Berman votes yes. 

Mr. Ackerman. 

Mr. ACKERMAN. Yes. 

Ms. RUSH. Mr. Ackerman votes yes. 

Mr. Faleomavaega. 

Mr. FALEOMAVAEGA. Yes. 

Ms. RUSH. Mr. Faleomavaega votes yes. 

Mr. Payne. 

Mr. PAYNE. Yes. 

Ms. RUSH. Mr. Payne votes yes. 

Mr. Menendez. 

[No response.] 

Ms. RUSH. Mr. Brown. 

Mr. BROWN. Yes. 

Ms. RUSH. Mr. Brown votes yes. 

Mr. Sherman. 

Mr. SHERMAN. Yes. 

Ms. RUSH. Mr. Sherman votes yes. 

Mr. Wexler. 

Mr. WEXLER. Yes. 

Ms. RUSH. Mr. Wexler votes yes. 

Mr. Engel. 

Mr. ENGEL. Yes. 

Ms. RUSH. Mr. Engel votes yes. 

Mr. Delahunt. 

Mr. DELAHUNT. Yes. 

Ms. RUSH. Mr. Delahunt votes yes. 

Mr. Meeks. 

Mr. MEEKS. Yes. 

Ms. RUSH. Mr. Meeks votes yes. 

Ms. Lee. 

Ms. LEE. Yes. 

Ms. RUSH. Ms. Lee votes yes. 

Mr. Crowley. 

Mr. CROWLEY. Yes. 

Ms. RUSH. Mr. Crowley votes yes. 

Mr. Blumenauer. 

Mr. BLUMENAUER. Yes. 

Ms. RUSH. Mr. Blumenauer votes yes. 

Ms. Berkley. 

Ms. BERKLEY. Yes. 

Ms. RUSH. Ms. Berkley votes yes. 

Mrs. Napolitano. 

Mrs. NAPOLITANO. Yes. 

Ms. RUSH. Mrs. Napolitano votes yes. 

Mr. Schiff. 

Mr. SCHIFF. Yes. 

Ms. RUSH. Mr. Schiff votes yes. 

Ms. Watson. 

Ms. WATSON. Yes. 

Ms. RUSH. Ms. Watson votes yes. 

Mr. Smith from Washington. 

Mr. SMITH OF WASHINGTON. Yes. 

189

Ms. RUSH. Mr. Smith from Washington votes yes. 

Ms. McCollum. 

[No response.] 

Ms. RUSH. Mr. Chandler. 

Mr. CHANDLER. Yes. 

Ms. RUSH. Mr. Chandler votes yes. 

Mr. Cardoza. 

Mr. CARDOZA. Yes. 

Ms. RUSH. Mr. Cardoza votes yes. 

Chairman Hyde. 

Chairman HYDE. No. 

Ms. RUSH. Chairman Hyde votes no. 

Chairman HYDE. Mr. Issa. 

Mr. ISSA. No. 

Ms. RUSH. Mr. Issa votes no. 

Chairman HYDE. Mr. Flake. 

Mr. FLAKE. No. 

Ms. RUSH. Mr. Flake votes no. 

Chairman HYDE. Have all voted who wish? If so, the clerk will 

announce the roll. 

Ms. RUSH. On this vote, there are 23 ayes and 24 noes. 

Chairman HYDE. The amendment is not agreed to. 

Mr. LANTOS. Mr. Chairman. 

Chairman HYDE. Mr. Lantos. 

Mr. LANTOS. Pursuant to the rules of the House, I respectfully 

request the requisite time to file additional views. 

Chairman HYDE. Without objection, so ordered. 

Are there any further amendments to the bill? 

Mr. LEACH. Mr. Chairman, I have an amendment at the desk. 

Chairman HYDE. The clerk will report the Leach amendment. 

Ms. RUSH. Amendment offered by Mr. Leach from Iowa. At the 

appropriate place in the bill, insert the following new section and 

conform the table of contents accordingly——

Mr. LEACH. Mr. Chairman, I ask unanimous consent that——

Chairman HYDE. Without objection, the further reading of the 

amendment is dispensed with, and the gentleman from Iowa is recognized for 5 minutes in support of his amendment. 

[The amendment referred to follows:]

190

1

H.L.C.

AMENDMENT TO H.R. ll

OFFERED BY MR. LEACH OF IOWA

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. SENSE OF CONGRESS RELATING TO THE EXPAN2 SION OF THE UNITED NATIONS SECURITY

3 COUNCIL.

4 It is the sense of Congress that the United States

5 should support the regionally balanced expansion of the

6 membership of the United Nations Security Council,

7 which would include the addition of Japan, the Republic

8 of India, the Federal Republic of Germany, the Federative

9 Republic of Brazil, and an appropriate African country as

10 permanent members without veto authority.


21698c.AAB
191

Mr. LEACH. Thank you, Mr. Chairman. I will try to be brief. 

This is a self-explanatory, one-sentence amendment simply saying it is the sense of Congress that the United States should support a regionally balanced expansion of the Security Council to include Japan, India, Germany, Brazil, and an appropriate African 

state, all members without veto authority. 

The proposal is consistent with the December 2004 report of the 

UN high-level threats, challenges, and change, as well as the 

March 2005 report of the Secretary-General of the UN reform. It 

advances the four principal criterions set out in these reports: One, 

that we should increase involvement and decision-making of those 

who contribute most to the UN financially, militarily, and diplomatically; second, that we should bring into the decision-making 

process countries more representative of the broader UN membership; thirdly, that we not impair the effectiveness of the Security 

Council; fourthly, that we increase the democratic and accountable 

nature of the body. 

I would just add one final note that, congruent with these reports, the phrase ‘‘regionally balanced’’ used in the amendment implies the possibility of additional seats for African emeritus. And I 

yield back the balance of my time. 

Mr. LANTOS. Mr. Chairman. 

Chairman HYDE. The Chair is inclined to accept the amendment. 

However, we will listen to any discordant notes, if there are any. 

Mr. LANTOS. Mr. Chairman. 

Chairman HYDE. Mr. Lantos. 

Mr. LANTOS. I want to commend my friend from Iowa for offering 

this amendment, and I would like to inquire whether he would 

agree to a slight modification. His amendment as currently phrased 

concludes by adding ‘‘an appropriate African country as a permanent member of the Security Council.’’ Since there is a great deal 

of dispute as to whether it should be Nigeria or South Africa, or 

whether these two countries could alternate the African seat, would 

you accept a modification that allows for alternation of the African 

representation? 

Mr. LEACH. I would be very open to that, and I think that is very 

appropriate. 

Mr. LANTOS. Under those circumstances, we are pleased to accept 

that. 

Mr. LEACH. Maybe we should then say country or countries. 

Mr. ENGEL. Mr. Chairman. 

Chairman HYDE. Mr. Engel. 

Mr. ENGEL. Thank you, Mr. Chairman. 

I, of course, am going to support the amendment, but I wanted 

to ask the sponsor of the amendment a question. This amendment 

does not in any way, shape, or form put us on record as opposing 

any other country who may be included when the United Nations 

expands its permanent members of the Security Council; am I correct about that? 

Mr. LEACH. That is correct. 

Mr. ENGEL. Thank you. Because I have long contended that Italy 

for many reasons deserves—if the Security Council is going to expand, then Italy ought to be part of that expansion as a new permanent Security Council member. And I just wanted to make sure 

192

that this wouldn’t imply that somehow or other these are the only 

countries that we supported. 

Chairman HYDE. Is there further discussion? 

Mr. ROHRABACHER. Mr. Chairman, just a point of information or 

a point of inquiry. Have we had hearings on this specific idea of 

expanding the United Nations with these countries? Has there 

been that? 

Chairman HYDE. No, we have not. 

Mr. ROHRABACHER. All right. Just to note, I think this is a very 

important decision, it is significant, and I think we should talk 

about it before we just bring it up for a vote like this. That is just 

my opinion. Thank you. 

Mr. SCHIFF. Mr. Chairman. 

Chairman HYDE. Mr. Schiff. 

Mr. SCHIFF. Mr. Chairman, I just wanted to echo the comments 

of my colleague from California. I think this is a very significant 

issue as well that deserves more debate than I think we will probably have time to give it today, and I would suggest that we have 

a hearing perhaps devoted to this topic before——

Chairman HYDE. I wonder if I might ask Mr. Leach how disposed 

he is to defer this for a short while if we immediately have some 

hearings on it? Does the gentleman—would he prefer going ahead 

now without hearing? 

Mr. LEACH. Well, I appreciate the point the gentleman has made. 

I will say that this bill deals with UN reform. The principle UN 

reform in a meaningful sense on political authority relates to the 

Security Council. This is the subject that is of the most extraordinary significance. This Congress, or at least this Committee, has 

moved in an absolutely extraordinary way that I believe is outside 

our constitutional judgmental authority in a direction that is outside the judgment of all parties in the world. What I have presented is—outside this country, that is. 

What I have presented is an amendment that has been of a signal discourse in many places other than this Congress, and I think 

it is the most relevant subject to UN reform. If we are going to 

have a bill on UN reform, I don’t see how it can be done. Whether—I mean, it is true we have not held a hearing, but that is to 

our discredit, not to the import of the issue, which is thoroughly 

relevant to this bill. If we are going to be doing something that is 

poking every other country in the world in the eye, why don’t we 

at least do something that shows we are cognizant of international 

discourse on UN reform that meets—that is done in a way that is 

sensible? 

This is a sense of the Congress the U.S. should support. That is 

exactly the way the underlying bill should have been structured, 

and it would have received unanimous endorsement from this Committee. But I for the life of me, I think it fits this bill, it fits the 

subject matter. To duck it is to duck the biggest issue of UN reform 

that we have. 

Mr. ROHRABACHER. Would the gentleman yield for a question? If 

it was so important, why didn’t we push this before and have hearings on it? You are a leader in this, you are Ranking—you are one 

of the leaders here, you are on the top row here. Why didn’t you 

request hearings on this a long time ago? 

193

Mr. LEACH. Well, that is a fair criticism of me, but this is not 

necessarily a reason not to have it on the bill. 

Mr. DELAHUNT. Mr. Chairman, I move to strike the last word. 

Chairman HYDE. Before any of that, I think the Chair is going 

to request Mr. Leach to withhold his amendment and let us have 

some hearings expeditiously so we may thoroughly study this question, and then come back with an informed Committee action. 

Mr. LEACH. May I ask the Chair a question, because I want to 

defer to the Chair. But would this—if we defer this amendment, 

which is thoroughly appropriate to this bill, would you object, if the 

bill comes to the Floor and we haven’t held hearings at that point 

in time, that I be allowed to offer it on the Floor? 

Chairman HYDE. Well, I want to accommodate the gentleman in 

any way possible. 

Mr. LEACH. Then I would like to accommodate the Chair, and I 

would be happy——

Chairman HYDE. It is just that there is feeling or resistance to 

moving such a consequential amendment without some hearing. So 

I would guarantee early and expeditious treatment and get this 

back to the Full Committee very soon. 

Mr. LEACH. Fair enough. Then I would withdraw the amendment. 

Chairman HYDE. All right. I thank the gentleman very much. 

Mr. Paul. 

Mr. PAUL. Mr. Chairman, I have an amendment. 

Chairman HYDE. The clerk will report the amendment. 

Mr. PAUL. The amendment that talks about getting out of the 

United Nations. I have two of them there. 

Ms. RUSH. American Sovereignty Act. 

Mr. PAUL. That is it. 

Mr. ACKERMAN. Mr. Chairman, have we had a hearing on getting 

out of the United Nations? 

Chairman HYDE. I have never heard that suggestion. 

Mr. ACKERMAN. Could we postpone this until we have that hearing? 

Chairman HYDE. I suppose that would be——

Mr. ACKERMAN. Does anybody want to accommodate me? I object. 

Chairman HYDE. Does anybody need to study this question any 

more? 

Mr. PAUL. I ask unanimous consent that the amendment be considered as read, and that we proceed. 

Chairman HYDE. Without objection, so ordered. The clerk will report the amendment. 

Ms. RUSH. Amendment offered by Mr. Paul of Texas——

Mr. PAUL. I ask that it be considered as read. 

Chairman HYDE. Without objection, so ordered. 

[The amendment referred to follows:]

194

1

H.L.C.

AMENDMENT TO H.R. 2745

OFFERED BY MR. PAUL OF TEXAS

Strike all after the enacting clause, and insert the

following:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘American Sovereignty

3 Restoration Act of 2005’’.

4 SEC. 2. REPEAL OF UNITED NATIONS PARTICIPATION ACT.

5 (a) REPEAL.—The United Nations Participation Act

6 of 1945 (Public Law 79–264; 22 U.S.C. 287 et seq.) is

7 repealed.

8 (b) TERMINATION OF PARTICIPATION IN UNITED

9 NATIONS.—The President shall terminate all participation

10 by the United States in the United Nations, and any

11 organ, specialized agency, commission, or other formally

12 affiliated body of the United Nations.

13 (c) CLOSURE OF UNITED STATES MISSION TO

14 UNITED NATIONS.—The United States Mission to the

15 United Nations is closed. Any remaining functions of such

16 office shall not be carried out.


21698d.AAB
195

2

H.L.C.

1 SEC. 3. REPEAL OF UNITED NATIONS HEADQUARTERS

2 AGREEMENT ACT.

3 (a) REPEAL.—The United Nations Headquarters

4 Agreement Act (Public Law 80–357) is repealed.

5 (b) WITHDRAWAL.—The United States withdraws

6 from the agreement between the United States of America

7 and the United Nations regarding the headquarters of the

8 United Nations (signed at Lake Success, New York, on

9 June 26, 1947, which was brought into effect by the

10 United Nations Headquarters Agreement Act).

11 SEC. 4. UNITED STATES ASSESSED AND VOLUNTARY CON12 TRIBUTIONS TO THE UNITED NATIONS.

13 (a) TERMINATION.—No funds are authorized to be

14 appropriated or otherwise made available for assessed or

15 voluntary contributions of the United States to the United

16 Nations or any organ, specialized agency, commission or

17 other formally affiliated body thereof, except that funds

18 may be appropriated to facilitate withdrawal of United

19 States personnel and equipment. Upon termination of

20 United States membership, no payments shall be made to

21 the United Nations or any organ, specialized agency, com22 mission or other formally affiliated body thereof, out of

23 any funds appropriated prior to such termination or out

24 of any other funds available for such purposes.


21698d.AAC
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3

H.L.C.

1 (b) APPLICATION.—The provisions of this section

2 shall apply to all agencies of the United Nations, including

3 independent or voluntary agencies.

4 SEC. 5. UNITED NATIONS PEACEKEEPING OPERATIONS.

5 (a) TERMINATION.—No funds are authorized to be

6 appropriated or otherwise made available for any United

7 States contribution to any United Nations military oper8 ation.

9 (b) TERMINATIONS OF UNITED STATES PARTICIPA10 TION IN UNITED NATIONS PEACEKEEPING OPER11 ATIONS.—No funds may be obligated or expended to sup12 port the participation of any member of the Armed Forces

13 of the United States as part of any United Nations mili14 tary or peacekeeping operation or force. No member of

15 the Armed Forces of the United States may serve under

16 the command of the United Nations.

17 SEC. 6. WITHDRAWAL OF UNITED NATIONS PRESENCE IN

18 FACILITIES OF THE GOVERNMENT OF THE

19 UNITED STATES AND REPEAL OF DIPLO20 MATIC IMMUNITY.

21 (a) WITHDRAWAL FROM UNITED STATES GOVERN22 MENT PROPERTY.—The United Nations (including any af23 filiated agency of the United Nations) shall not occupy

24 or use any property or facility of the United States Gov25 ernment.


21698d.AAD
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4

H.L.C.

1 (b) DIPLOMATIC IMMUNITY.—No officer or employee

2 of the United Nations or any representative, officer, or

3 employee of any mission to the United Nations of any for4 eign government shall be entitled to enjoy the privileges

5 and immunities of the Vienna Convention on Diplomatic

6 Relations of April 18, 1961, nor may any such privileges

7 and immunities be extended to any such individual. The

8 privileges, exemptions and immunities provided for in the

9 International Organizations Immunities Act of December

10 29, 1945 (59 Stat. 669; 22 U.S.C. 288, 288a–f), or in

11 any agreement or treaty to which the United States is a

12 party, including the agreement entitled ‘‘Agreement Be13 tween the United Nations and the United States of Amer14 ica Regarding the Headquarters of the United Nations’’,

15 signed June 26, 1947 (22 U.S.C. 287), and the Conven16 tion on Privileges and Immunities of the United Nations,

17 entered into force with respect to the United States on

18 April 29, 1970 (21 UST 1418; TIAS 6900; UNTS 16),

19 shall not apply to the United Nations or any organ, spe20 cialized agency, commission or other formally affiliated

21 body thereof, to the officers and employees of the United

22 Nations, or any organ, specialized agency, commission or

23 other formally affiliated body thereof, or to the families,

24 suites or servants of such officers or employees.


21698d.AAE
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5

H.L.C.

1 SEC. 7. REPEAL OF UNITED NATIONS EDUCATIONAL, SCI2 ENTIFIC, AND CULTURAL ORGANIZATION

3 ACT.

4 The joint resolution entitled ‘‘A joint resolution pro5 viding for membership and participation by the United

6 States in the United Nations Educational, Scientific, and

7 Cultural Organization, and authorizing an appropriation

8 therefor’’ approved July 30, 1946 (Public Law 79–565,

9 22 U.S.C. 287m–287t), is repealed.

10 SEC. 8. REPEAL OF UNITED NATIONS ENVIRONMENT PRO11 GRAM PARTICIPATION ACT OF 1973.

12 The United Nations Environment Program Partici13 pation Act of 1973 (22 U.S.C. 287 note) is repealed.

14 SEC. 9. REPEAL OF UNITED STATES PARTICIPATION IN THE

15 WORLD HEALTH ORGANIZATION.

16 The joint resolution entitled ‘‘Joint Resolution pro17 viding for membership and participation by the United

18 States in the World Health Organization and authorizing

19 an appropriation therefor,’’ approved June 14, 1948 (22

20 U.S.C. 290, 290a–e–1) is repealed.

21 SEC. 10. REPEAL OF INVOLVEMENT IN UNITED NATIONS

22 CONVENTIONS AND AGREEMENTS.

23 As of the date of the enactment of this Act, the

24 United States will end any and all participation in any

25 and all conventions and agreements with the United Na26 tions and any organ, specialized agency, commission, or


21698d.AAF
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6

H.L.C.

1 other formally affiliated body of the United Nations. Any

2 remaining functions of such conventions and agreements

3 shall not be carried out.

4 SEC. 11. REEMPLOYMENT WITH UNITED STATES GOVERN5 MENT AFTER SERVICE WITH AN INTER6 NATIONAL ORGANIZATION.

7 Nothing in this Act shall be construed to affect the

8 rights of employees under subchapter IV of chapter 35

9 of title 5, United States Code, relating to reemployment

10 after service with an international organization.

11 SEC. 12. NOTIFICATION.

12 Effective on the date of the enactment of this Act,

13 the Secretary of State shall notify the United Nations and

14 any organ, specialized agency, commission, or other for15 mally affiliated body of the United Nations of the provi16 sions of this Act.

17 SEC. 13. EFFECTIVE DATE.

18 Except as otherwise provided, this Act and the

19 amendments made by this Act shall take effect 2 years

20 after the date of the enactment of this Act.


21698d.AAG
200

Mr. PAUL. Thank you, Mr. Chairman. 

Chairman HYDE. The gentleman is recognized for 5 minutes. 

Mr. PAUL. The amendment I have brings up the subject of getting out of the United Nations, which, as far as I am concerned, 

is true reform. Today we heard a lot of discussion about some of 

the terrible things that the United Nations has done over the 

years, the fiscal abuse as well as the human rights abuse, and that 

has been recognized by probably everybody here in the Committee. 

It has also been recognized by most people here in the Committee, 

too, of all the wonderful things that the United Nations has done. 

I understand that argument as well. It is just that I come down 

on the side of lacking faith. 

Members here and Members on the Congress generally have a 

lot more faith in big government than I do. And I would like to 

make a few points on why we shouldn’t be so blindly believing in 

an institution that really challenges our national sovereignty. So I 

have two arguments about being in the United Nations. 

One, I sincerely believe it challenges our national sovereignty. I 

believe it definitely challenges the prerogatives of the Congress and 

the responsibilities that we have. At the same time, the effectiveness hasn’t been all that great. 

There has been a lot of shortcomings, and many of those shortcomings have already been mentioned, but soon after the United 

Nations was established, we quickly used the United Nations to go 

to war, which was not a very popular war, in Korea. The United 

Nations did very little to stop the war in Vietnam. I remember very 

clearly in 1991, it was explained to the American people that we 

didn’t need to go to the U.S. Congress to get authority, even though 

the Constitution is pretty explicit that for us to send young men 

to war, you have to have a declaration of war. We were told at that 

time that the authority came from the United Nations, and we 

were bluntly told it didn’t matter what the Congress did. 

The Congress went ahead and gave some token approval. It 

didn’t declare war, and that war has been ongoing. This is the 

same war. It has been going on for 15 years, and it has been sanctioned by the United Nations, even when we gave more authority 

to the current President to go in in 2003. If you read that resolution, the United Nations was mentioned, I think, 21 times. So, 

therefore, we were using the United Nations to send troops off to 

war while reneging on our responsibility to make a declaration of 

war, which to me means that we have a more defined policy and 

a more exit strategy and a design where winning is the goal rather 

than prolonging the effort. So I don’t think the record is that good 

with the United Nations. 

On the previous vote, I voted not to withhold funds unless these 

reforms came about. Some might wonder, anything that would 

withhold funds sounds like a pretty good idea for a fiscal conservative like myself and someone who opposes the United Nations. Let 

me tell you why I voted that way. Because although there seems 

to be a tinge of benefits to reforms that I have some sympathy for, 

I believe that this leverage that is being used under these 39 items 

and this pressure and authority given to our Secretary of State can 

be used perversely to promote a policy that—which is objectionable 

to us. 

201

For instance, the new legislation actually changes policy significantly, as has this Administration changed policy significantly. Our 

Government for many years since 1953, since we installed the 

Shah in Iran, we have used our ability and our power to have regime changes. Now it is openly declared by our Government that 

regime change is a good policy, and, if we have to, we send in the 

troops, and even if we have to pressure or bend what the United 

Nations says, we should pursue this type of policy. So this policy 

now is being institutionalized and put in to the United Nations. 

Those are the pressures that we are putting on, and very little 

has been discussed here. This is the neocon foreign policy put in 

with Wolfowitz at the head of the World Bank, and he is included 

in some of the commissions set up to deal with these problems. So 

I see this as institutionalizing the neoconservative foreign policy so 

that we can put it in the United Nations; and, if they don’t do what 

we want, we use these sanctions and threat to promote bad policy. 

Now, I know your side would say, we object to this because we 

will have good policies. My concern is that bad policy and the leverage that is gained by these sanctions that we can put on and by 

these threats of reform. So I come to the conclusion that it is not 

in the interest of the United States, it is not interest in our national sovereignty to be a member of a body that today I heard 

plenty of criticism. And I think if we were all more honest with 

ourselves, we would say that this organization is going to be very, 

very difficult to resuscitate. Just as we see the lack of desire for 

internationalism in Europe, I see also that creeping in. We should 

have more respect for self-determination, minding our own business, and not pretending that we can interfere in the internal affairs of other nations. I don’t believe the United Nations should do 

that either. 

Mr. LEACH [presiding]. The time of the Congress’ leading constitutionalist has expired. 

Mr. Lantos. 

Mr. LANTOS. Thank you very much, Mr. Chairman. I will not use 

my 5 minutes; I will use less than a minute. I want to serve notice 

that I will request a rollcall vote on the gentleman’s amendment. 

I oppose the gentleman’s amendment. It is analogous to the notion of stop the world, I want to get off. It is self-evident that an 

international organization is needed. The United Nations, with all 

of its flaws—and we could be here until midnight enumerating 

them—is needed. I think the gentleman’s amendment should be defeated. 

Thank you, Mr. Chairman. 

Mr. LEACH. Does anyone seek recognition? 

Mr. Delahunt. 

Mr. DELAHUNT. Yes. I will be very brief also. 

Again, there are parts of the arguments put forth by the gentleman that I concur with. You expressed some of the concerns I 

think that you know that I harbor. But I do oppose the amendment 

for the rationale as succinctly put forward by the Ranking Member. 

I am glad that the Ranking Member has made the decision to 

call for a recorded vote, because what has occurred here today, particularly given the concerns that have been expressed by some 

Members, specifically the gentlelady from California Ms. Lee, about 

202

what we are up to, and the response by the gentleman from Indiana regarding his—and I accept his word, obviously—his sincere 

support for the United Nations, maybe this vote itself can send a 

message about the support for the existence of the United Nations 

from this Committee and from this Congress, so that at some level 

hopefully it will ameliorate the message that was sent by the defeat of the Lantos amendment and presumably the passage of the 

base bill. With that I yield back. 

Mr. LEACH. Does anyone else seek recognition? 

Mr. ACKERMAN. Mr. Chairman. 

Mr. LEACH. Mr. Ackerman. 

Mr. ACKERMAN. In the words of Jimmy Durante, this is ridiculous. 

I yield back the balance of my time. 

Mr. LEACH. The vote comes on the amendment of the distinguished gentleman from Texas. All those in favor, say aye. 

Opposed, nay. 

Mr. LANTOS. I request a rollcall, Mr. Chairman. 

Mr. LEACH. A rollcall is requested. The clerk will call the roll. 

Ms. RUSH. Mr. Leach. 

Mr. LEACH. No. 

Ms. RUSH. Mr. Leach votes no. 

Mr. Smith from New Jersey. 

Mr. SMITH OF NEW JERSEY. No. 

Ms. RUSH. Mr. Smith from New Jersey votes no. 

Mr. Burton. 

[No response.] 

Ms. RUSH. Mr. Gallegly. 

Mr. GALLEGLY. No. 

Ms. RUSH. Mr. Gallegly votes no. 

Ms. Ros-Lehtinen. 

Ms. ROS-LEHTINEN. No. 

Ms. RUSH. Ms. Ros-Lehtinen votes no. 

Mr. Rohrabacher. 

[No response.] 

Ms. RUSH. Mr. Royce. 

[No response.] 

Ms. RUSH. Mr. King. 

[No response.] 

Ms. RUSH. Mr. Chabot. 

Mr. CHABOT. No. 

Ms. RUSH. Mr. Chabot votes no. 

Mr. Tancredo. 

[No response.] 

Ms. RUSH. Mr. Paul. 

Mr. PAUL. Yes. 

Ms. RUSH. Mr. Paul votes yes. 

Mr. Issa. 

[No response.] 

Ms. RUSH. Mr. Flake. 

Mr. FLAKE. No. 

Ms. RUSH. Mr. Flake votes no. 

Mrs. Davis. 

Mrs. DAVIS. No. 

203

Ms. RUSH. Mrs. Davis votes no. 

Mr. Green. 

[No response.] 

Ms. RUSH. Mr. Weller. 

Mr. WELLER. No. 

Ms. RUSH. Mr. Weller votes no. 

Mr. Pence. 

Mr. PENCE. No. 

Ms. RUSH. Mr. Pence votes no. 

Mr. McCotter. 

[No response.] 

Ms. RUSH. Ms. Harris. 

Ms. HARRIS. No. 

Ms. RUSH. Ms. Harris votes no. 

Mr. Wilson. 

Mr. WILSON. Yes. 

Ms. RUSH. Mr. Wilson votes yes. 

Mr. Boozman. 

Mr. BOOZMAN. No. 

Ms. RUSH. Mr. Boozman votes no. 

Mr. Barrett. 

Mr. BARRETT. Yes. 

Ms. RUSH. Mr. Barrett votes yes. 

Mr. Mack. 

Mr. MACK. No. 

Ms. RUSH. Mr. Mack votes no. 

Mr. Fortenberry. 

Mr. FORTENBERRY. No. 

Ms. RUSH. Mr. Fortenberry votes no. 

Mr. McCaul. 

Mr. MCCAUL. No. 

Ms. RUSH. Mr. McCaul votes no. 

Mr. Poe. 

Mr. POE. No. 

Ms. RUSH. Mr. Poe votes no. 

Mr. Lantos. 

Mr. LANTOS. No. 

Ms. RUSH. Mr. Lantos votes no. 

Mr. Berman. 

[No response.] 

Ms. RUSH. Mr. Ackerman. 

Mr. ACKERMAN. No. 

Ms. RUSH. Mr. Ackerman votes no. 

Mr. Faleomavaega. 

Mr. FALEOMAVAEGA. No. 

Ms. RUSH. Mr. Faleomavaega votes no. 

Mr. Payne. 

Mr. PAYNE. No. 

Ms. RUSH. Mr. Payne votes no. 

Mr. Menendez. 

[No response.] 

Ms. RUSH. Mr. Brown. 

Mr. BROWN. No. 

Ms. RUSH. Mr. Brown votes no. 

204

Mr. Sherman. 

[No response.] 

Ms. RUSH. Mr. Wexler. 

Mr. WEXLER. No. 

Ms. RUSH. Mr. Wexler votes no. 

Mr. Engel. 

Mr. ENGEL. No. 

Ms. RUSH. Mr. Engel votes no. 

Mr. Delahunt. 

Mr. DELAHUNT. No. 

Ms. RUSH. Mr. Delahunt votes no. 

Mr. Meeks. 

Mr. MEEKS. No. 

Ms. RUSH. Mr. Meeks votes no. 

Ms. Lee. 

Ms. LEE. No. 

Ms. RUSH. Ms. Lee votes no. 

Mr. Crowley. 

Mr. CROWLEY. No. 

Ms. RUSH. Mr. Crowley votes no. 

Mr. Blumenauer. 

Mr. BLUMENAUER. No. 

Ms. RUSH. Mr. Blumenauer votes no. 

Ms. Berkley. 

Ms. BERKLEY. No. 

Ms. RUSH. Ms. Berkley votes no. 

Mrs. Napolitano. 

Mrs. NAPOLITANO. No. 

Ms. RUSH. Mrs. Napolitano votes no. 

Mr. Schiff. 

Mr. SCHIFF. No. 

Ms. RUSH. Mr. Schiff votes no. 

Ms. Watson. 

Ms. WATSON. No. 

Ms. RUSH. Ms. Watson votes no. 

Mr. Smith from Washington. 

Mr. SMITH OF WASHINGTON. No. 

Ms. RUSH. Mr. Smith from Washington votes no. 

Ms. McCollum. 

[No response.] 

Ms. RUSH. Mr. Chandler. 

Mr. CHANDLER. No. 

Ms. RUSH. Mr. Chandler votes no. 

Mr. Cardoza. 

Mr. CARDOZA. No. 

Ms. RUSH. Mr. Cardoza votes no. 

Chairman Hyde. 

[No response.] 

Ms. RUSH. Mr. Green votes no. 

Mr. LEACH. Mr. King. 

Mr. KING. No. 

Ms. RUSH. Mr. King votes no. 

Mr. LEACH. Mr. McCotter. 

Mr. MCCOTTER. Mr. McCotter votes no. 

205

Ms. RUSH. Mr. McCotter votes no. 

Mr. LEACH. Mr. Issa. 

Mr. ISSA. No. 

Ms. RUSH. Mr. Issa votes no. 

Mr. LEACH. Mr. Berman. 

Mr. BERMAN. No. 

Ms. RUSH. Mr. Berman votes no. 

Mr. Rohrabacher. 

Mr. ROHRABACHER. Is not present. 

Ms. RUSH. Mr. Rohrabacher votes present. Is not present. Votes 

present. 

Mr. LEACH. The clerk will report the total. 

Ms. RUSH. On this vote there are 3 ayes, 39 noes, and 1 present. 

Mr. LEACH. The amendment is defeated. 

Are there further amendments to the bill? 

We will temporarily recess pending the return of the Chairman, 

and he will be here momentarily, and he will lead us in the final 

passage. I am told we should all stay. After the vote on the bill, 

there may be a request of the Ranking Minority Member on that 

subject. 

[Recess.] 

Mr. LEACH. First, the Committee will reconvene. The Chairman 

will be in presently to vote, but he has suggested that we ought to 

proceed. The question now occurs on the motion to report the bill 

favorably. All in favor, say aye. 

All opposed, nay. 

Mr. LANTOS. I request a rollcall, Mr. Chairman. 

Mr. LEACH. A rollcall is requested. The clerk will call the roll. 

Ms. RUSH. Mr. Leach. 

Mr. LEACH. No. 

Ms. RUSH. Mr. Leach votes no. 

Mr. Smith from New Jersey. 

Mr. SMITH OF NEW JERSEY. Yes. 

Ms. RUSH. Mr. Smith from New Jersey votes yes. 

Mr. Burton. 

[No response.] 

Ms. RUSH. Mr. Gallegly. 

Mr. GALLEGLY. Yes. 

Ms. RUSH. Mr. Gallegly votes yes. 

Ms. Ros-Lehtinen. 

Ms. ROS-LEHTINEN. Yes. 

Ms. RUSH. Ms. Ros-Lehtinen votes yes. 

Mr. Rohrabacher. 

Mr. ROHRABACHER. Yes. 

Ms. RUSH. Mr. Rohrabacher votes yes. 

Mr. Royce. 

Mr. ROYCE. Yes. 

Ms. RUSH. Mr. Royce votes yes. 

Mr. King. 

Mr. KING. Yes. 

Ms. RUSH. Mr. King votes yes. 

Mr. Chabot. 

Mr. CHABOT. Yes. 

Ms. RUSH. Mr. Chabot votes yes. 

206

Mr. Tancredo. 

Mr. TANCREDO. Yes. 

Ms. RUSH. Mr. Tancredo votes yes. 

Mr. Paul. 

Mr. PAUL. No. 

Ms. RUSH. Mr. Paul votes no. 

Mr. Issa. 

[No response.] 

Ms. RUSH. Mr. Flake. 

Mr. FLAKE. Yes. 

Ms. RUSH. Mr. Flake votes yes. 

Mrs. Davis. 

Mrs. DAVIS. Yes. 

Ms. RUSH. Mrs. Davis votes yes. 

Mr. Green. 

Mr. GREEN. Yes. 

Ms. RUSH. Mr. Green votes yes. 

Mr. Weller. 

Mr. WELLER. Yes. 

Ms. RUSH. Mr. Weller votes yes. 

Mr. Pence. 

Mr. PENCE. Yes. 

Ms. RUSH. Mr. Pence votes yes. 

Mr. McCotter. 

Mr. MCCOTTER. Yes. 

Ms. RUSH. Mr. McCotter votes yes. 

Ms. Harris. 

Ms. HARRIS. Yes. 

Ms. RUSH. Ms. Harris votes yes. 

Mr. Wilson. 

Mr. WILSON. Yes. 

Ms. RUSH. Mr. Wilson votes yes. 

Mr. Boozman. 

Mr. BOOZMAN. Yes. 

Ms. RUSH. Mr. Boozman votes yes. 

Mr. Barrett. 

Mr. BARRETT. Yes. 

Ms. RUSH. Mr. Barrett votes yes. 

Mr. Mack. 

Mr. MACK. Yes. 

Ms. RUSH. Mr. Mack votes yes. 

Mr. Fortenberry. 

Mr. FORTENBERRY. Yes. 

Ms. RUSH. Mr. Fortenberry votes yes. 

Mr. McCaul. 

Mr. MCCAUL. Yes. 

Ms. RUSH. Mr. McCaul votes yes. 

Mr. Poe. 

Mr. POE. Yes. 

Ms. RUSH. Mr. Poe votes yes. 

Mr. Issa. 

Mr. ISSA. Yes. 

Ms. RUSH. Mr. Issa votes yes. 

Mr. Lantos. 

207

Mr. LANTOS. No. 

Ms. RUSH. Mr. Lantos votes no. 

Mr. Berman. 

Mr. BERMAN. No. 

Ms. RUSH. Mr. Berman votes no. 

Mr. Ackerman. 

Mr. ACKERMAN. No. 

Ms. RUSH. Mr. Ackerman votes no. 

Mr. Faleomavaega. 

Mr. FALEOMAVAEGA. No. 

Ms. RUSH. Mr. Faleomavaega votes no. 

Mr. Payne. 

Mr. PAYNE. No. 

Ms. RUSH. Mr. Payne votes no. 

Mr. Menendez. 

[No response.] 

Ms. RUSH. Mr. Brown. 

Mr. BROWN. No. 

Ms. RUSH. Mr. Brown votes no. 

Mr. Sherman. 

[No response.] 

Ms. RUSH. Mr. Wexler. 

Mr. WEXLER. No. 

Ms. RUSH. Mr. Wexler votes no. 

Mr. Engel. 

[No response.] 

Ms. RUSH. Mr. Delahunt. 

Mr. DELAHUNT. No. 

Ms. RUSH. Mr. Delahunt votes no. 

Mr. Meeks. 

Mr. MEEKS. No. 

Ms. RUSH. Mr. Meeks votes no. 

Ms. Lee. 

Ms. LEE. No. 

Ms. RUSH. Ms. Lee votes no. 

Mr. Crowley. 

Mr. CROWLEY. No. 

Ms. RUSH. Mr. Crowley votes no. 

Mr. Blumenauer. 

Mr. BLUMENAUER. No. 

Ms. RUSH. Mr. Blumenauer votes no. 

Ms. Berkley. 

Ms. BERKLEY. Yes. 

Ms. RUSH. Ms. Berkley votes yes. 

Mrs. Napolitano. 

Mrs. NAPOLITANO. No. 

Ms. RUSH. Mrs. Napolitano votes no. 

Mr. Schiff. 

Mr. SCHIFF. No. 

Ms. RUSH. Mr. Schiff votes no. 

Ms. Watson. 

Ms. WATSON. No. 

Ms. RUSH. Ms. Watson votes no. 

Mr. Smith from Washington. 

208

Mr. SMITH OF WASHINGTON. No. 

Ms. RUSH. Mr. Smith from Washington votes no. 

Ms. McCollum. 

[No response.] 

Ms. RUSH. Mr. Chandler. 

Mr. CHANDLER. No. 

Ms. RUSH. Mr. Chandler votes no. 

Mr. Cardoza. 

Mr. CARDOZA. No. 

Ms. RUSH. Mr. Cardoza votes no. 

Chairman Hyde. 

Chairman HYDE. Yes. 

Ms. RUSH. Chairman Hyde votes yes. 

Mr. Sherman. 

Mr. SHERMAN. No. 

Ms. RUSH. Mr. Sherman votes no. 

Mr. Engel. 

Mr. ENGEL. No. 

Ms. RUSH. Mr. Engel votes no. 

Mr. LEACH. The clerk will call. 

Ms. RUSH. On this vote there are 25 yesses and 22 noes. 

Mr. LEACH. The ayes have it, and the motion to report is favorably adopted. 

Mr. SMITH OF NEW JERSEY. Mr. Chairman. 

Mr. LEACH. Mr. Smith. 

Mr. SMITH OF NEW JERSEY. I would ask unanimous consent that 

the short title of the bill, H.R. 2745, be modified to read, and I 

quote, ‘‘This act may be cited as the Henry J. Hyde United Nations 

Reform Act of 2005.’’

Mr. LEACH. Without objection, the staff is directed to make any 

technical and conforming changes. 

Mr. LANTOS. Mr. Chairman, I respectfully request that adequate 

time be provided to the Democratic side to file a Minority report. 

Mr. LEACH. Pursuant to the rules, of course that is granted. 

Mr. LANTOS. I respectfully request that we resume this markup 

at 2:30. 

Mr. LEACH. Pursuant to the stomachs, that is respectfully granted. 

The Committee is in recess. 

[Recess.] 

Mr. SMITH OF NEW JERSEY [presiding]. The Full Committee will 

come to order. Pursuant to notice, I call up the bill H.R. 2601, the 

Foreign Relations Authorization Act for Fiscal Years 2006 and 

2007 for purposes of markup. 

Without objection, the bill will be considered as read and open 

for amendment at any point, and I recognize myself for 5 minutes 

at this time to give a brief overview of the legislation. 

[H.R. 2601 follows:]

209

1

I

109TH CONGRESS

1ST SESSION H. R. 2601

To authorize appropriations for the Department of State for fiscal years

2006 and 2007, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 24, 2005

Mr. SMITH of New Jersey (for himself and Mr. PAYNE) introduced the

following bill; which was referred to the Committee on International Relations

A BILL

To authorize appropriations for the Department of State

for fiscal years 2006 and 2007, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Foreign Relations Au5 thorization Act, Fiscal Years 2006 and 2007’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS

Sec. 101. Administration of foreign affairs.


21698e.AAB
210

2

•HR 2601 IH

Sec. 102. Contributions to international organizations.

Sec. 103. International Commissions.

Sec. 104. Migration and Refugee Assistance.

Sec. 105. Centers and foundations.

Sec. 106. United States international broadcasting activities.

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND

ACTIVITIES

Sec. 201. Interference with protective functions.

Sec. 202. International litigation fund.

Sec. 203. Retention of medical reimbursements.

Sec. 204. Buying power maintenance account.

Sec. 205. Accountability review boards.

Sec. 206. Designation of Colin L. Powell Residential Plaza.

Sec. 207. Removal of contracting prohibition.

TITLE III—ORGANIZATION AND PERSONNEL OF THE

DEPARTMENT OF STATE

Sec. 301. Education allowances.

Sec. 302. Official residence expenses.

Sec. 303. Increased limits applicable to post differentials and danger pay allowances.

Sec. 304. Home leave.

Sec. 305. Overseas equalization and comparability pay adjustment.

Sec. 306. Fellowship of Hope Program.

Sec. 307. Regulations regarding retirement credit for government service performed abroad.

Sec. 308. Suspension of foreign service members without pay.

Sec. 309. Death gratuity.

Sec. 310. Clarification of Foreign Service Grievance Board procedures.

Sec. 311. Repeal of recertification requirement for members of the Senior Foreign Service.

Sec. 312. Technical amendments to Title 5 provisions on recruitment, relocation, and retention bonuses.

Sec. 313. Limited appointments in the Foreign Service.

Sec. 314. Statement of Congress.

Sec. 315. Sense of Congress regarding additional United States consular posts.

TITLE IV—INTERNATIONAL ORGANIZATIONS

Sec. 401. REDI Center.

Sec. 402. Extension of authorization of appropriation for the United States

Commission on International Religious Freedom.

Sec. 403. International Center for Middle Eastern-Western Dialogue.

TITLE V—CHANGES IN ADMINISTRATIVE AUTHORITIES FOR

INTERNATIONAL BROADCASTING

Sec. 501. Short title.

Sec. 502. Middle East Broadcasting Networks.

Sec. 503. Improving signal delivery to Cuba.

Sec. 504. Establishing permanent authority for Radio Free Asia.

Sec. 505. Personal services contracting program.

Sec. 506. Commonwealth of the Northern Mariana Islands education benefits.


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TITLE VI—MISCELLANEOUS PROVISIONS AND REPORTING

REQUIREMENTS

Sec. 601. Statement of policy relating to democracy in Iran.

Sec. 602. Dual gateway policy of the Government of Ireland.

Sec. 603. Trans-Sahara counter-terrorism initiative.

Sec. 604. Report on Haiti.

Sec. 605. Reports on acquisition and major security upgrades.

Sec. 606. Report on real estate transactions.

Sec. 607. Verification reports to Congress.

Sec. 608. Reports on protection of refugees from North Korea.

Sec. 609. Reports on actions taken by the United States to encourage respect

for human rights.

Sec. 610. Report on services for children with autism at overseas missions.

Sec. 611. Report on Internet jamming.

Sec. 612. Report on Department of State employment composition.

Sec. 613. Sense of Congress regarding Korean Fulbright programs.

Sec. 614. Location of international institutions in Africa.

Sec. 615. Prohibition on commemorations relating to leaders of Imperial Japan.

1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on International Re6 lations of the House of Representatives and the

7 Committee on Foreign Relations of the Senate.

8 (2) DEPARTMENT.—The term ‘‘Department’’

9 means the Department of State.

10 (3) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of State.

12 TITLE I—AUTHORIZATIONS OF

13 APPROPRIATIONS

14 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

15 The following amounts are authorized to be appro16 priated for the Department of State under ‘‘AdministraVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00217 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 tion of Foreign Affairs’’ to carry out the authorities, func2 tions, duties, and responsibilities in the conduct of foreign

3 affairs of the United States and for other purposes author4 ized by law:

5 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

6 For ‘‘Diplomatic and Consular Programs’’,

7 $3,769,118,000 for fiscal year 2006, and

8 $3,896,611,500 for fiscal year 2007.

9 (A) WORLDWIDE SECURITY UPGRADES.—

10 In addition to amounts authorized to be appro11 priated under paragraph (1), $689,523,000 for

12 fiscal year 2006, and $710,208,690 for fiscal

13 year 2007, are authorized to be appropriated

14 for worldwide security upgrades.

15 (B) PUBLIC DIPLOMACY.—Of the amounts

16 authorized to be appropriated under paragraph

17 (1), $333,863,000 for fiscal year 2006, and

18 $343,699,000 for fiscal year 2007, are author19 ized to be appropriated for public diplomacy.

20 (C) BUREAU OF DEMOCRACY, HUMAN

21 RIGHTS, AND LABOR.—Of the amounts author22 ized to be appropriated under paragraph (1),

23 $20,000,000 for fiscal year 2006, and

24 $20,000,000 for fiscal year 2007, are author25 ized to be appropriated for salaries and exVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00218 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 penses of the Bureau of Democracy, Human

2 Rights, and Labor.

3 (D) ANTI-SEMITISM.—Of the amounts au4 thorized to be appropriated under paragraph

5 (1), $225,000 for fiscal year 2006 and

6 $225,000 for fiscal year 2007 are authorized to

7 be appropriated for necessary expenses to fund

8 secondments, hiring of staff, and support tar9 geted projects of the Office of Democratic Insti10 tutions and Human Rights (ODIHR) of the Or11 ganization for Security and Cooperation in Eu12 rope (OSCE) regarding anti-Semitism and in13 tolerance and for the OSCE/ODIHR Law En14 forcement Officers Hate Crimes Training Pro15 gram.

16 (E) RELIGIOUS FREEDOM.—

17 (i) IN GENERAL.—Of the amounts au18 thorized to be appropriated under para19 graph (1), $205,000 for fiscal year 2006

20 and $205,000 for fiscal year 2007 are au21 thorized to be appropriated for necessary

22 expenses to fund activities of the Organiza23 tion for Security and Cooperation in Eu24 rope relating to freedom of religion and be25 lief.


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1 (ii) OSCE PROJECTS, ACTIVITIES,

2 AND MISSIONS.—

3 (I) PROJECTS AND ACTIVITIES.—

4 Of the amounts authorized to be ap5 propriated under subparagraph (A),

6 $125,000 for fiscal year 2006 and

7 $125,000 for fiscal year 2007 are au8 thorized to be appropriated for nec9 essary expenses to fund for

10 secondments, hiring of staff, and sup11 port targeted projects of the Office of

12 Democratic Institutions and Human

13 Rights (ODIHR) of the Organization

14 for Security and Cooperation in Eu15 rope (OSCE) regarding religious free16 dom and for the OSCE/ODIHR Panel

17 of Experts on Freedom of Religion or

18 Belief.

19 (II) MISSIONS.—Of the amounts

20 authorized to be appropriated under

21 subparagraph (A), $80,000 for fiscal

22 year 2006 and $80,000 for fiscal year

23 2007 are authorized to be appro24 priated for OSCE Missions in Arme25 nia, Azerbaijan, Georgia, Kazakhstan,


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1 Kyrgyzstan, Tajikistan, Turkmenistan

2 and Uzbekistan for activities to ad3 dress issues relating to religious free4 dom and belief and to fund the hiring

5 of new staff who are dedicated to reli6 gious freedom and belief.

7 (F) CHARLES B. RANGEL INTERNATIONAL

8 AFFAIRS PROGRAM.—Of the amounts author9 ized to be appropriated under paragraph (1),

10 $1,500,000 for fiscal year 2006 and $1,500,000

11 for fiscal year 2007 are authorized to be appro12 priated for the Charles B. Rangel International

13 Affairs Program at Howard University.

14 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap15 ital Investment Fund’’, $131,000,000 for fiscal year

16 2006, and $131,000,000 for fiscal year 2007.

17 (3) EMBASSY SECURITY, CONSTRUCTION AND

18 MAINTENANCE.—For ‘‘Embassy Security, Construc19 tion and Maintenance’’, $1,526,000,000 for fiscal

20 year 2006, and $1,550,000,000 for fiscal year 2007.

21 (4) EDUCATIONAL AND CULTURAL EXCHANGE

22 PROGRAMS.—

23 (A) IN GENERAL.—For ‘‘Educational and

24 Cultural Exchange Programs’’, $428,900,000


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1 for the fiscal year 2006, and $438,500,000 for

2 fiscal year 2007.

3 (B) SUMMER INSTITUTES FOR KOREAN

4 STUDENT LEADERS.—Of the amounts author5 ized to be appropriated under subparagraph

6 (A), $750,000 for fiscal year 2006 and

7 $750,000 for fiscal year 2007 are authorized to

8 be appropriated for summer academic study

9 programs in the United States (focusing on

10 United States political systems, government in11 stitutions, society, and democratic culture) for

12 college and university students from the Repub13 lic of Korea, to be known as the ‘‘United States

14 Summer Institutes for Korean Student Lead15 ers’’.

16 (C) SUDANESE SCHOLARSHIPS.—Of the

17 amounts authorized to be available under sub18 paragraph (A), $500,000 for fiscal year 2004

19 and $500,000 for fiscal year 2005 is authorized

20 to be available for scholarships for students

21 from southern Sudan for secondary or postsec22 ondary education in the United States, to be

23 known as ‘‘Sudanese Scholarships’’.


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1 (5) REPRESENTATION ALLOWANCES.—For

2 ‘‘Representation Allowances’’, $8,281,000 for fiscal

3 year 2006, and $8,281,000 for fiscal year 2007.

4 (6) PROTECTION OF FOREIGN MISSIONS AND

5 OFFICIALS.—For ‘‘Protection of Foreign Missions

6 and Officials’’, $9,390,000 for fiscal year 2006 and

7 $9,390,000 for fiscal year 2007.

8 (7) EMERGENCIES IN THE DIPLOMATIC AND

9 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip10 lomatic and Consular Service’’, $12,143,000 for fis11 cal year 2006, and $12,143,000 for fiscal year 2007.

12 (8) REPATRIATION LOANS.—For ‘‘Repatriation

13 Loans’’, $1,319,000 for fiscal year 2006, and

14 $1,319,000 for fiscal year 2007.

15 (9) PAYMENT TO THE AMERICAN INSTITUTE IN

16 TAIWAN.—For ‘‘Payment to the American Institute

17 in Taiwan’’, $19,751,000 for fiscal year 2006, and

18 $20,146,020 for fiscal year 2007.

19 (10) OFFICE OF THE INSPECTOR GENERAL.—

20 For ‘‘Office of the Inspector General’’, $29,983,000

21 for fiscal year 2006, and $29,983,000 for fiscal year

22 2007.


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1 SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA2 TIONS.

3 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

4 ORGANIZATIONS.—There are authorized to be appro5 priated for ‘‘Contributions to International Organiza6 tions’’, $1,296,500,000 for fiscal year 2006 and

7 $1,322,430,000 for fiscal year 2007, for the Department

8 of State to carry out the authorities, functions, duties, and

9 responsibilities in the conduct of the foreign affairs of the

10 United States with respect to international organizations

11 and to carry out other authorities in law consistent with

12 such purposes.

13 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE14 KEEPING ACTIVITIES.—There are authorized to be appro15 priated for ‘‘Contributions for International Peacekeeping

16 Activities’’, $1,035,500,000 for fiscal year 2006, and such

17 sums as may be necessary for fiscal year 2007, for the

18 Department of State to carry out the authorities, func19 tions, duties, and responsibilities of the United States with

20 respect to international peacekeeping activities and to

21 carry out other authorities in law consistent with such

22 purposes. Amounts appropriated pursuant to this sub23 section are authorized to remain available until expended.

24 (c) FOREIGN CURRENCY EXCHANGE RATES.—

25 (1) AUTHORIZATION OF APPROPRIATIONS.—In

26 addition to amounts authorized to be appropriated


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1 by subsection (a), there are authorized to be appro2 priated such sums as may be necessary for each of

3 fiscal years 2006 and 2007 to offset adverse fluctua4 tions in foreign currency exchange rates.

5 (2) AVAILABILITY OF FUNDS.—Amounts appro6 priated under this subsection shall remain available

7 for obligation and expenditure only to the extent

8 that the Director of the Office of Management and

9 Budget determines and certifies to Congress that

10 such amounts are necessary due to such fluctua11 tions.

12 SEC. 103. INTERNATIONAL COMMISSIONS.

13 The following amounts are authorized to be appro14 priated under ‘‘International Commissions’’ for the De15 partment of State to carry out the authorities, functions,

16 duties, and responsibilities in the conduct of the foreign

17 affairs of the United States and for other purposes author18 ized by law:

19 (1) INTERNATIONAL BOUNDARY AND WATER

20 COMMISSION, UNITED STATES AND MEXICO.—For

21 ‘‘International Boundary and Water Commission,

22 United States and Mexico’’—

23 (A) for ‘‘Salaries and Expenses’’,

24 $28,200,000 for fiscal year 2006, and

25 $28,200,000 for fiscal year 2007; and


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1 (B) for ‘‘Construction’’, $6,100,000 for fis2 cal year 2006, and $6,100,000 for fiscal year

3 2007.

4 (2) INTERNATIONAL BOUNDARY COMMISSION,

5 UNITED STATES AND CANADA.—For ‘‘International

6 Boundary Commission, United States and Canada’’,

7 $1,429,000 for fiscal year 2006 and $1,429,000 for

8 fiscal year 2007.

9 (3) INTERNATIONAL JOINT COMMISSION.—For

10 ‘‘International Joint Commission’’, $6,320,000 for

11 fiscal year 2006 and $6,320,000 for fiscal year

12 2007.

13 (4) INTERNATIONAL FISHERIES COMMIS14 SIONS.—For ‘‘International Fisheries Commissions’’,

15 $25,123,000 for fiscal year 2006 and $25,123,000

16 for fiscal year 2007.

17 SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

18 There are authorized to be appropriated for the De19 partment of State for ‘‘Migration and Refugee Assistance’’

20 for authorized activities, $955,000,000 for fiscal year

21 2006 and $983,650,000 for fiscal year 2007.

22 SEC. 105. CENTERS AND FOUNDATIONS.

23 (a) ASIA FOUNDATION.—There are authorized to be

24 appropriated for ‘‘The Asia Foundation’’ for authorized


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1 activities, $18,000,000 for fiscal year 2006 and

2 $18,000,000 for fiscal year 2007.

3 (b) NATIONAL ENDOWMENT FOR DEMOCRACY.—

4 There are authorized to be appropriated for the ‘‘National

5 Endowment for Democracy’’ for authorized activities,

6 $80,000,000 for fiscal year 2006 and $80,000,000 for fis7 cal year 2007.

8 (c) CENTER FOR CULTURAL AND TECHNICAL INTER9 CHANGE BETWEEN EAST AND WEST.—There are author10 ized to be appropriated for the ‘‘Center for Cultural and

11 Technical Interchange Between East and West’’ for au12 thorized activities, $13,024,000 for fiscal year 2006 and

13 $13,024,000 for fiscal year 2007.

14 SEC. 106. UNITED STATES INTERNATIONAL BROADCASTING

15 ACTIVITIES.

16 The following amounts are authorized to be appro17 priated to carry out United States Government inter18 national broadcasting activities under the United States

19 Information and Educational Exchange Act of 1948, the

20 Radio Broadcasting to Cuba Act, the Television Broad21 casting to Cuba Act, the United States International

22 Broadcasting Act of 1994, and the Foreign Affairs Re23 form and Restructuring Act of 1998, and to carry out

24 other authorities in law consistent with such purposes:


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1 (1) For ‘‘International Broadcasting Oper2 ations’’, $603,394,000 for fiscal year 2006 and

3 $621,495,820 for fiscal year 2007. Of the amounts

4 authorized to be appropriated under under this

5 paragraph, $5,000,000 is authorized to be appro6 priated for fiscal year 2006 and $5,000,000 is au7 thorized to be appropriated for fiscal year 2007 for

8 increased broadcasting to Belarus.

9 (2) For ‘‘Broadcasting Capital Improvements’’,

10 $26,893,000 for fiscal year 2006 and $26,893,000

11 for fiscal year 2007.

12 (3) For ‘‘Broadcasting to Cuba’’, $37,931,000

13 for fiscal year 2006 and $29,931,000 for fiscal year

14 2007, to remain available until expended, for nec15 essary expenses to enable the Broadcasting Board of

16 Governors to carry out broadcasting to Cuba, includ17 ing the purchase, rent, construction, and improve18 ment of facilities for radio and television trans19 mission and reception, and the purchase, lease, and

20 installation of necessary equipment, including air21 craft, for radio and television transmission and re22 ception.


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1 TITLE II—DEPARTMENT OF

2 STATE AUTHORITIES AND AC3 TIVITIES

4 SEC. 201. INTERFERENCE WITH PROTECTIVE FUNCTIONS.

5 (a) OFFENSE.—Chapter 7 of title 18, United States

6 Code, is amended by adding at the end the following new

7 section:

8 ‘‘§ 117. Interference with certain protective functions

9 ‘‘Whoever knowingly and willfully obstructs, resists,

10 or interferes with a Federal law enforcement agent en11 gaged, within the United States or the special maritime

12 and territorial jurisdiction of the United States, in the per13 formance of the protective functions authorized by section

14 37 of the State Department Basic Authorities Act of 1956

15 (22 U.S.C. 2709) or section 103 of the Diplomatic Secu16 rity Act (22 U.S.C. 4802) shall be fined under this title

17 or imprisoned not more than one year, or both.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of such chapter is amended by adding

20 at the end the following new item:

‘‘117. Interference with certain protective functions.’’.

21 SEC. 202. INTERNATIONAL LITIGATION FUND.

22 Section 38(d)(3) of the State Department Basic Au23 thorities Act of 1956 (22 U.S.C. 2710(d)(3)) is

24 amended—


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1 (1) by inserting ‘‘as a result of a decision of an

2 international tribunal,’’ after ‘‘received by the De3 partment of State’’; and

4 (2) by inserting a comma after ‘‘United States

5 Government’’.

6 SEC. 203. RETENTION OF MEDICAL REIMBURSEMENTS.

7 Section 904 of the Foreign Service Act of 1980 (22

8 U.S.C. 4084) is amended by adding at the end the fol9 lowing new subsection:

10 ‘‘(g) Reimbursements paid to the Department of

11 State for funding the costs of medical care abroad for em12 ployees and eligible family members shall be credited to

13 the currently available applicable appropriation account.

14 Notwithstanding any other provision of law, such reim15 bursements shall be available for obligation and expendi16 ture during the fiscal year in which they are received or

17 for such longer period of time as may be provided in law.’’.

18 SEC. 204. BUYING POWER MAINTENANCE ACCOUNT.

19 Section 24(b)(7) of the State Department Basic Au20 thorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended

21 by striking subparagraph (D).

22 SEC. 205. ACCOUNTABILITY REVIEW BOARDS.

23 Section 301(a) of the Diplomatic Security Act (22

24 U.S.C. 4831(a)) is amended—


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1 (1) in paragraph (1), by striking ‘‘paragraph

2 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and

3 (2) by adding at the end the following new

4 paragraph:

5 ‘‘(3) FACILITIES IN AFGHANISTAN AND IRAQ.—

6 ‘‘(A) LIMITED EXEMPTIONS FROM RE7 QUIREMENT TO CONVENE BOARD.—The Sec8 retary of State is not required to convene a

9 Board in the case of an incident that—

10 ‘‘(i) involves serious injury, loss of

11 life, or significant destruction of property

12 at, or related to, a United States Govern13 ment mission in Afghanistan or Iraq; and

14 ‘‘(ii) occurs during the period begin15 ning on July 1, 2004 and ending on Sep16 tember 30, 2009.

17 ‘‘(B) REPORTING REQUIREMENTS.—In the

18 case of an incident described in subparagraph

19 (A), the Secretary shall—

20 ‘‘(i) promptly notify the Committee on

21 International Relations of the House of

22 Representatives and the Committee on

23 Foreign Relations of the Senate of the in24 cident;


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1 ‘‘(ii) conduct an inquiry of the inci2 dent; and

3 ‘‘(iii) upon completion of the inquiry

4 required by clause (ii), submit to each such

5 Committee a report on the findings and

6 recommendations related to such inquiry

7 and the actions taken with respect to such

8 recommendations.’’.

9 SEC. 206. DESIGNATION OF COLIN L. POWELL RESIDENTIAL

10 PLAZA.

11 (a) The Federal building in Kingston, Jamaica, for12 merly known as the Crowne Plaza and currently a staff

13 housing facility for the Embassy of the United States in

14 Jamaica, shall be known and designated as the ‘‘Colin L.

15 Powell Residential Plaza’’.

16 (b) Any reference in a law, map, regulation, docu17 ment, paper, or other record of the United States to the

18 Federal building referred to in subsection (a) shall be

19 deemed to be a reference to the ‘‘Colin L. Powell Residen20 tial Plaza’’.

21 SEC. 207. REMOVAL OF CONTRACTING PROHIBITION.

22 Section 406(c) of the Omnibus Diplomatic Security

23 and Antiterrorism Act of 1986 (P.L. 99–399) (relating

24 to the ineligibility of persons doing business with Libya

25 to be awarded a contract) is repealed.


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1 TITLE III—ORGANIZATION AND

2 PERSONNEL OF THE DEPART3 MENT OF STATE

4 SEC. 301. EDUCATION ALLOWANCES.

5 Section 5924(4) of title 5, United States Code, is

6 amended—

7 (1) in the first sentence of subparagraph (A),

8 by inserting ‘‘United States’’ after ‘‘nearest’’;

9 (2) by striking subparagraph (B) and inserting

10 the following new subparagraph:

11 ‘‘(B) The travel expenses of dependents of

12 an employee to and from a secondary or post13 secondary educational institution, not to exceed

14 one annual trip each way for each dependent,

15 except that an allowance payment under sub16 paragraph (A) may not be made for a depend17 ent during the 12 months following the arrival

18 of the dependent at the selected educational in19 stitution under authority contained in this sub20 paragraph.’’; and

21 (3) by adding at the end the following new sub22 paragraph:

23 ‘‘(D) Allowances provided pursuant to sub24 paragraphs (A) and (B) may include, at the

25 election of the employee, payment or reimburseVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00233 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 ment of the costs incurred to store baggage for

2 the employee’s dependent at or in the vicinity of

3 the dependent’s school during the dependent’s

4 annual trip between the school and the employ5 ee’s duty station, except that such payment or

6 reimbursement may not exceed the cost that the

7 Government would incur to transport the bag8 gage with the dependent in connection with the

9 annual trip, and such payment or reimburse10 ment shall be in lieu of transportation of the

11 baggage.’’.

12 SEC. 302. OFFICIAL RESIDENCE EXPENSES.

13 Section 5913 of Title 5, United States Code, is

14 amended by adding at the end the following new sub15 section:

16 ‘‘(c) Funds made available under subsection (b) may

17 be provided in advance to persons eligible to receive reim18 bursements.’’.

19 SEC. 303. INCREASED LIMITS APPLICABLE TO POST DIF20 FERENTIALS AND DANGER PAY ALLOW21 ANCES.

22 (a) REPEAL OF LIMITED-SCOPE EFFECTIVE DATE

23 FOR PREVIOUS INCREASE.—Subsection (c) of section 591

24 of the Foreign Operations, Export Financing, and Related


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1 Programs Appropriations Act, 2004 (division D of Public

2 Law 108–199) is repealed.

3 (b) POST DIFFERENTIALS.—Section 5925(a) of title

4 5, United States Code, is amended in the third sentence

5 by striking ‘‘25 percent of the rate of basic pay or, in the

6 case of an employee of the United States Agency for Inter7 national Development,’’.

8 (c) DANGER PAY ALLOWANCES.—Section 5928 of

9 title 5, United States Code, is amended by striking ‘‘25

10 percent of the basic pay of the employee or 35 percent

11 of the basic pay of the employee in the case of an employee

12 of the United States Agency for International Develop13 ment’’ both places that it appears and inserting ‘‘35 per14 cent of the basic pay of the employee’’.

15 (d) CRITERIA.—The Secretary of State shall inform

16 the Committee on International Relations of the House

17 of Representatives and the Committee on Foreign Rela18 tions of the Senate of the criteria to be used in determina19 tions of appropriate adjustments in post differentials

20 under section 5925(a) of title 5, United States Code, as

21 amended by subsection (b), and danger pay allowances

22 under section 5928 of title 5, United States Code, as

23 amended by subsection (c).

24 (e) STUDY AND REPORT.—Not later than two years

25 after the date of the enactment of this Act, the Secretary


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1 of State shall conduct a study assessing the effect of the

2 increases in post differentials and danger pay allowances

3 made by the amendments in subsections (b) and (c), re4 spectively, in filling ‘‘hard-to-fill’’ positions and shall sub5 mit a report of such study to the congressional committees

6 described in subsection (d).

7 SEC. 304. HOME LEAVE.

8 Chapter 9 of title I of the Foreign Service Act of

9 1980 (relating to travel, leave, and other benefits) is

10 amended—

11 (1) in section 901(6) (22 U.S.C. 4081(6)), by

12 striking ‘‘unbroken by home leave’’ both places that

13 it appears; and

14 (2) in section 903(a) (22 U.S.C. 4083), by

15 striking ‘‘18 months’’ and inserting ‘‘12 months’’.

16 SEC. 305. OVERSEAS EQUALIZATION AND COMPARABILITY

17 PAY ADJUSTMENT.

18 (a) IN GENERAL.—Chapter 4 of the Foreign Service

19 Act of 1980 (22 U.S.C. 3961 et seq.) (relating to com20 pensation) is amended by adding at the end the following

21 new section:

22 ‘‘SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

23 ‘‘(a) IN GENERAL.—In accordance with subsection

24 (c), a member of the Service who is designated class 1

25 or below and who does not have as an official duty station


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1 a location in the continental United States or in a non2 foreign area shall receive locality-based comparability pay3 ments under section 5304 of title 5, United States Code,

4 that would be paid to such member if such member’s offi5 cial duty station would have been Washington, D.C.

6 ‘‘(b) TREATMENT AS BASIC PAY.—The locality-based

7 comparability payment described in subsection (a) shall—

8 ‘‘(1) be considered to be part of the basic pay

9 of a member in accordance with section 5304 of title

10 5, United States Code, for the same purposes for

11 which comparability payments are considered to be

12 part of basic pay under such section; and

13 ‘‘(2) be subject to any applicable pay limita14 tions.

15 ‘‘(c) PHASE-IN.—The comparability pay adjustment

16 described under this section shall be paid to a member

17 described in subsection (a) in three phases, as follows:

18 ‘‘(1) In fiscal year 2006, 33.33 percent of the

19 amount of such adjustment to which such member

20 is entitled.

21 ‘‘(2) In fiscal year 2007, 66.66 percent of the

22 amount of such adjustment to which such member

23 is entitled.


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1 ‘‘(3) In fiscal year 2008 and subsequent fiscal

2 years, 100.00 percent of the amount of such adjust3 ment to which such member is entitled.’’.

4 (b) CONFORMING AMENDMENTS RELATING TO THE

5 RETIREMENT AND DISABILITY SYSTEM OF THE FOREIGN

6 SERVICE.—

7 (1) CONTRIBUTIONS TO THE FUND.—Section

8 805(a) of the Foreign Service Act of 1980 (22

9 U.S.C. 4045(a)) is amended—

10 (A) in paragraph (1)—

11 (i) in the first sentence, by striking

12 ‘‘7.25 percent’’ and inserting ‘‘7.00 per13 cent’’; and

14 (ii) in the second sentence, by striking

15 ‘‘The contribution by the employing agen16 cy’’ through ‘‘and shall be made’’ and in17 serting ‘‘An equal amount shall be contrib18 uted by the employing agency’’;

19 (B) in paragraph (2)—

20 (i) in subparagraph (A), by striking

21 ‘‘plus an amount equal to .25 percent of

22 basic pay’’; and

23 (ii) in subparagraph (B), in the first

24 sentence, by striking ‘‘plus an amount

25 equal to .25 percent of basic pay’’; and


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1 (C) in paragraph (3), by striking ‘‘plus .25

2 percent’’.

3 (2) COMPUTATION OF ANNUITIES.—Section

4 806(a)(9) of such Act (22 U.S.C. 4046(a)(9)) is

5 amended—

6 (A) by striking ‘‘is outside’’ and inserting

7 ‘‘was outside’’; and

8 (B) by inserting after ‘‘continental United

9 States’’ the following: ‘‘for any period of time

10 from December 29, 2002, to the first day of the

11 first full pay period beginning after the date of

12 applicability of the overseas comparability pay

13 adjustment under section 415’’;

14 (3) ENTITLEMENT TO ANNUITY.—Section

15 855(a)(3) of such Act (22 U.S.C. 4071d(a)(3)) is

16 amended—

17 (A) by striking ‘‘is outside’’ and inserting

18 ‘‘was outside’’; and

19 (B) by inserting after ‘‘continental United

20 States’’ the following: ‘‘for any period of time

21 from December 29, 2002, to the first day of the

22 first full pay period beginning after the date of

23 applicability of the overseas comparability pay

24 adjustment under section 415’’.


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1 (4) DEDUCTIONS AND WITHHOLDINGS FROM

2 PAY.—Section 856(a)(2) of such Act (22 U.S.C.

3 4071e(a)(2)) is amended to read as follows:

4 ‘‘(2) The applicable percentage under this sub5 section shall be as follows:

‘‘Percentage Time Period

7.5 .................................................................................................. Before January 1, 1999.

7.75 ................................................................................................ January 1, 1999, to December 31, 1999.

7.9 .................................................................................................. January 1, 2000, to December 31, 2000.

7.55 ................................................................................................ January 11, 2003, to September 30, 2004.

7.5 .................................................................................................. After September 30, 2004.’’.

6 (c) EFFECTIVE DATE.—The amendments made by

7 this section shall take effect on the date of the enactment

8 of this Act and apply beginning on the first day of the

9 first full pay period beginning after such date.

10 SEC. 306. FELLOWSHIP OF HOPE PROGRAM.

11 (a) FELLOWSHIP AUTHORIZED.—Chapter 5 of title

12 I of the Foreign Service Act of 1980 (22 U.S.C. 3981

13 et seq.) is amended by adding at the end the following

14 new section:

15 ‘‘SEC. 506. FELLOWSHIP OF HOPE.

16 ‘‘(a) The Secretary is authorized to establish a pro17 gram to be known as the ‘Fellowship of Hope Program’.

18 Under the Program, the Secretary may assign a member

19 of the Service, for not more than one year, to a position

20 with any designated country or designated entity that perVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00240 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 mits an employee of such country or entity to be assigned

2 to a position with the Department.

3 ‘‘(b) The salary and benefits of a member of the Serv4 ice shall be paid as described in subsection (b) of section

5 503 during a period in which such member is participating

6 in the Fellowship of Hope Program. The salary and bene7 fits of an employee of a designated country or designated

8 entity participating in the Program shall be paid by such

9 country or entity during the period in which such employee

10 is participating in the Program.

11 ‘‘(c) In this section:

12 ‘‘(1) The term ‘designated country’ means a

13 member country of—

14 ‘‘(A) the North Atlantic Treaty Organiza15 tion; or

16 ‘‘(B) the European Union.

17 ‘‘(2) The term ‘designated entity’ means—

18 ‘‘(A) the North Atlantic Treaty Organiza19 tion; or

20 ‘‘(B) the European Union.

21 ‘‘(d) Nothing in this section shall be construed to—

22 ‘‘(1) authorize the appointment as an officer or

23 employee of the United States of—

24 ‘‘(A) an individual whose allegiance is to

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1 national entity other than to the United States;

2 or

3 ‘‘(B) an individual who has not met the re4 quirements of sections 3331, 3332, 3333, and

5 7311 of title 5, United States Code, and any

6 other provision of law concerning eligibility for

7 appointment as, and continuation of employ8 ment as, an officer or employee of the United

9 States; or

10 ‘‘(2) authorize the Secretary to assign a mem11 ber of the Service to a position with any foreign

12 country whose law, or to any foreign or international

13 entity whose rules, require such member to give alle14 giance or loyalty to such country or entity while as15 signed to such position.’’.

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

17 Such Act is amended—

18 (1) in section 503 (22 U.S.C. 3983)—

19 (A) in the section heading, by striking

20 ‘‘AND’’ and inserting ‘‘FOREIGN GOVERN21 MENTS, OR’’; and

22 (B) in subsection (a)—

23 (i) in the matter preceding paragraph

24 (1), by inserting ‘‘foreign government,’’

25 after ‘‘organization,’’; and


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1 (ii) in paragraph (1), by inserting ‘‘,

2 or with a foreign government under section

3 506’’ before the semicolon; and

4 (2) in section 2, in the table of contents—

5 (A) by striking the item relating to section

6 503 and inserting the following new item:

‘‘Sec. 503. Assignments to agencies, international organizations, foreign governments, or other bodies.’’;

7 and

8 (B) by inserting after the item relating to

9 section 505 the following new item:

‘‘Sec. 506. Fellowship of Hope Program.’’.

10 SEC. 307. REGULATIONS REGARDING RETIREMENT CREDIT

11 FOR GOVERNMENT SERVICE PERFORMED

12 ABROAD.

13 Section 321(f) of the Foreign Relations Authorization

14 Act, Fiscal Year 2003 (5 U.S.C. 8411 note; Public Law

15 107–228) is amended by inserting ‘‘, not later than 60

16 days after the date of the enactment of the Foreign Rela17 tions Authorization Act, Fiscal Years 2006 and 2007,’’

18 after ‘‘regulations’’.

19 SEC. 308. SUSPENSION OF FOREIGN SERVICE MEMBERS

20 WITHOUT PAY.

21 (a) SUSPENSION.—Section 610 of the Foreign Serv22 ice Act of 1980 (22 U.S.C. 4010) is amended by adding

23 at the end the following new subsection:


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1 ‘‘(c)(1) The Secretary may suspend a member of the

2 Service without pay when there is reasonable cause to be3 lieve that the member has committed a crime for which

4 a sentence of imprisonment may be imposed and there is

5 a connection between the conduct and the efficiency of the

6 Foreign Service.

7 ‘‘(2) Any member of the Service for whom a suspen8 sion is proposed shall be entitled to—

9 ‘‘(A) written notice stating the specific reasons

10 for the proposed suspension;

11 ‘‘(B) a reasonable time to respond orally and in

12 writing to the proposed suspension;

13 ‘‘(C) representation by an attorney or other

14 representative; and

15 ‘‘(D) a final written decision, including the spe16 cific reasons for such decision, as soon as prac17 ticable.

18 ‘‘(3) Any member suspended under this section may

19 file a grievance in accordance with the procedures applica20 ble to grievances under chapter 11 of this title.

21 ‘‘(4) In this subsection:

22 ‘‘(A) The term ‘reasonable time’ means—

23 ‘‘(i) with respect to a member of the Serv24 ice assigned to duty in the United States, 15


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1 days after receiving notice of the proposed sus2 pension; and

3 ‘‘(ii) with respect to a member of the Serv4 ice assigned to duty outside the United States,

5 30 days after receiving notice of the proposed

6 suspension.

7 ‘‘(B) The terms ‘suspend’ and ‘suspension’

8 mean the placing of a member of the Service in a

9 temporary status without duties and pay.’’.

10 (b) CONFORMING AND CLERICAL AMENDMENTS.—

11 (1) AMENDMENT OF SECTION HEADING.—Such

12 section, as amended by subsection (a), is further

13 amended in the section heading by inserting ‘‘; SUS14 PENSION’’ before the period at the end.

15 (2) CLERICAL AMENDMENT.—Section 2 of such

16 Act is amended, in the table of contents, by striking

17 the item relating to section 610 and inserting the

18 following new item:

‘‘Sec. 610. Separation for cause; suspension.’’.

19 SEC. 309. DEATH GRATUITY.

20 Section 413(a) of the Foreign Service Act of 1980

21 (22 U.S.C. 3973(a)) is amended in the first sentence by

22 inserting before the period at the end the following: ‘‘or

23 $100,000, whichever is greater’’.


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1 SEC. 310. CLARIFICATION OF FOREIGN SERVICE GRIEV2 ANCE BOARD PROCEDURES.

3 Section 1106(8) of the Foreign Service Act of 1980

4 (22 U.S.C. 4136(8)) is amended in the first sentence—

5 (1) by inserting ‘‘the involuntary separation of

6 the grievant (other than an involuntary separation

7 for cause under section 610(a)),’’ after ‘‘consid8 ering’’; and

9 (2) by striking ‘‘the grievant or’’ and inserting

10 ‘‘the grievant, or’’.

11 SEC. 311. REPEAL OF RECERTIFICATION REQUIREMENT

12 FOR MEMBERS OF THE SENIOR FOREIGN

13 SERVICE.

14 Section 305(d) of the Foreign Service Act of 1980

15 (22 U.S.C. 3945(d)) is hereby repealed.

16 SEC. 312. TECHNICAL AMENDMENTS TO TITLE 5 PROVI17 SIONS ON RECRUITMENT, RELOCATION, AND

18 RETENTION BONUSES.

19 Title 5, United States Code, is amended—

20 (1) in section 5753(a)(2)(A), by inserting be21 fore the semicolon at the end the following: ‘‘, but

22 does not include members of the Foreign Service

23 other than chiefs of mission and ambassadors-at24 large’’; and

25 (2) in section 5754(a)(2)(A), by inserting be26 fore the semicolon at the end the following: ‘‘, but


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1 does not include members of the Foreign Service

2 other than chiefs of mission and ambassadors-at3 large’’.

4 SEC. 313. LIMITED APPOINTMENTS IN THE FOREIGN SERV5 ICE.

6 Section 309 of the Foreign Service Act of 1980 (22

7 U.S.C. 3949) is amended—

8 (1) in subsection (a), by striking ‘‘subsection

9 (b)’’ and inserting ‘‘subsections (b) or (c)’’;

10 (2) in subsection (b)—

11 (A) by amending paragraph (3) to read as

12 follows:

13 ‘‘(3) as a career candidate, if—

14 ‘‘(A) continued service is determined appro15 priate to remedy a matter that would be cognizable

16 as a grievance under chapter 11; or

17 ‘‘(B) the career candidate is called to military

18 active duty pursuant to the Uniformed Services Em19 ployment and Reemployment Rights Act of 1994

20 (Public Law 103–353; codified in chapter 43 of title

21 38, United States Code) and the limited appoint22 ment expires in the course of such military active

23 duty:’’;

24 (B) in paragraph (4), by striking ‘‘and’’ at

25 the end;


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1 (C) in paragraph (5) by striking the period

2 at the end and inserting ‘‘; and’’ ; and

3 (D) by adding at the end the following new

4 paragraph:

5 ‘‘(6) in exceptional circumstances where the Sec6 retary determines the needs of the Service require the ex7 tension of a limited appointment—

8 ‘‘(A) for a period of time not to exceed 12

9 months, provided such period of time does not per10 mit additional review by the boards under section

11 306; or

12 ‘‘(B) for the minimum time needed to settle a

13 grievance, claim, or complaint not otherwise pro14 vided for in this section.’’; and

15 (3) by adding at the end the following new sub16 section:

17 ‘‘(c) Noncareer specialist employees who have served

18 five consecutive years under a limited appointment may

19 be reappointed to a subsequent limited appointment pro20 vided there is at least a one year break in service before

21 such new appointment. This requirement may be waived

22 by the Director General in cases of special need.’’.

23 SEC. 314. STATEMENT OF CONGRESS.

24 Congress declares that the recent changes proposed

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1 gram for members of the Senior Foreign Service will help

2 promote well-rounded and effective members of the Senior

3 Foreign Service, and should be implemented as planned

4 in the coming years. Congress fully supports the proposed

5 changes that require that in order to be eligible for pro6 motion into the Senior Foreign Service, a member of the

7 Foreign Service must demonstrate over the course of the

8 career of such member the following:

9 (1) Operational effectiveness, including a

10 breadth of experience in several regions and over

11 several functions.

12 (2) Leadership and management effectiveness.

13 (3) Sustained professional language proficiency.

14 (4) Responsiveness to Service needs.

15 SEC. 315. SENSE OF CONGRESS REGARDING ADDITIONAL

16 UNITED STATES CONSULAR POSTS.

17 It is the sense of the Congress that to help advance

18 United States economic, political, and public diplomacy in19 terests, the Secretary of State should make best efforts

20 to establish United States consulates or other appropriate

21 United States diplomatic presence in Pusan, South Korea

22 and Hat Yai, Thailand.


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1 TITLE IV—INTERNATIONAL

2 ORGANIZATIONS

3 SEC. 401. REDI CENTER.

4 The Secretary of State is authorized to provide for

5 the participation by the United States in the Regional

6 Emerging Disease Intervention (‘‘REDI’’) Center in

7 Singapore.

8 SEC. 402. EXTENSION OF AUTHORIZATION OF APPROPRIA9 TION FOR THE UNITED STATES COMMISSION

10 ON INTERNATIONAL RELIGIOUS FREEDOM.

11 (a) IN GENERAL.—Subsection (a) of section 207 of

12 the International Religious Freedom Act of 1998 (22

13 U.S.C. 6435) is amended by striking ‘‘$3,000,000 for the

14 fiscal year 2003’’ and inserting ‘‘$3,300,000 for each of

15 fiscal years 2006 through 2011’’.

16 (b) TECHNICAL AMENDMENT.—Subsection (b) of

17 such section is amended by striking ‘‘subparagraph’’ and

18 inserting ‘‘subsection’’.

19 SEC. 403. INTERNATIONAL CENTER FOR MIDDLE EASTERN20 WESTERN DIALOGUE.

21 Section 633(e) of the Departments of Commerce,

22 Justice, and State, the Judiciary, and Related Agencies

23 Appropriations Act, 2004 (division B of Public Law 108–

24 199; 22 U.S.C. 2078(e)) is amended—


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1 (1) by striking ‘‘The United States, through the

2 Department of State, shall retain ownership of the

3 Palazzo Corpi building in Istanbul, Turkey, and the’’

4 and inserting ‘‘The’’; and

5 (2) by striking ‘‘at such location’’ and inserting

6 ‘‘at an appropriate location’’.

7 TITLE V—CHANGES IN ADMINIS8 TRATIVE AUTHORITIES FOR

9 INTERNATIONAL BROAD10 CASTING

11 SEC. 501. SHORT TITLE.

12 This title may be cited as the ‘‘International Broad13 casting Authorization Act, Fiscal Years 2006 and 2007’’.

14 SEC. 502. MIDDLE EAST BROADCASTING NETWORKS.

15 (a) MIDDLE EAST BROADCASTING NETWORKS.—The

16 United States International Broadcasting Act of 1994 (22

17 U.S.C. 6201 et seq.) is amended by inserting after section

18 309 (22 U.S.C. 6208) the following new section:

19 ‘‘SEC. 309A. MIDDLE EAST BROADCASTING NETWORKS.

20 ‘‘(a) AUTHORITY.—Grants authorized under section

21 305 shall be available to make annual grants to the Middle

22 East Broadcasting Networks for the purpose of carrying

23 out radio and television broadcasting to the Middle East

24 region.


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1 ‘‘(b) FUNCTION.—Middle East Broadcasting Net2 works shall provide radio and television programming con3 sistent with the broadcasting standards and broadcasting

4 principles set forth in section 303.

5 ‘‘(c) GRANT AGREEMENT.—Any grant agreement or

6 grants under this section shall be subject to the following

7 limitations and restrictions:

8 ‘‘(1) The Board may not make any grant to the

9 non-profit corporation, Middle East Broadcasting

10 Networks, unless its certificate of incorporation pro11 vides that—

12 ‘‘(A) The Board of Directors of Middle

13 East Broadcasting Networks shall consist of the

14 members of the Broadcasting Board of Gov15 ernors established under section 304 and of no

16 other members.

17 ‘‘(B) Such Board of Directors shall make

18 all major policy determinations governing the

19 operation of Middle East Broadcasting Net20 works, and shall appoint and fix the compensa21 tion of such managerial officers and employees

22 of Middle East Broadcasting Networks as it

23 considers necessary to carry out the purposes of

24 the grant provided under this title, except that

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1 pensation at a rate in excess of the rate for

2 level II of the Executive Schedule as provided

3 under section 5313 of title 5, United States

4 Code.

5 ‘‘(2) Any grant agreement under this section

6 shall require that any contract entered into by Mid7 dle East Broadcasting Networks shall specify that

8 all obligations are assumed by Middle East Broad9 casting Networks and not by the United States Gov10 ernment.

11 ‘‘(3) Any grant agreement shall require that

12 any lease agreement entered into by Middle East

13 Broadcasting Networks shall be, to the maximum

14 extent possible, assignable to the United States Gov15 ernment.

16 ‘‘(4) Grants awarded under this section shall be

17 made pursuant to a grant agreement which requires

18 that grant funds be used only for activities con19 sistent with this section, and that failure to comply

20 with such requirements shall permit the grant to be

21 terminated without fiscal obligation to the United

22 States.

23 ‘‘(5) Duplication of language services and tech24 nical operations between the Middle East Broad25 casting Networks (including Radio Sawa), RFE/RL,


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1 and the International Broadcasting Bureau will be

2 reduced to the extent appropriate, as determined by

3 the Board.

4 ‘‘(d) NOT A FEDERAL AGENCY OR INSTRUMEN5 TALITY.—Nothing in this title may be construed to

6 make—

7 ‘‘(1) the Middle East Broadcasting Networks a

8 Federal agency or instrumentality; or

9 ‘‘(2) the officers or employees of the Middle

10 East Broadcasting Networks officers or employees of

11 the United States Government.’’.

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

13 Such Act is further amended—

14 (1) in section 304(g) (22 U.S.C. 6203(g)), by

15 inserting ‘‘, the Middle East Broadcasting Net16 works,’’ after ‘‘Incorporated’’;

17 (2) in section 305 (22 U.S.C. 6204)—

18 (A) in subsection (a)—

19 (i) in paragraph (5), by striking ‘‘308

20 and 309’’ and inserting ‘‘308, 309, and

21 309A’’; and

22 (ii) in paragraph (6), by striking ‘‘308

23 and 309’’ and inserting ‘‘308, 309, and

24 309A’’; and


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1 (B) in subsection (c), by striking ‘‘308 and

2 309’’ and inserting ‘‘308, 309, and 309A’’; and

3 (3) in section 307 (22 U.S.C. 6206)—

4 (A) in subsection (a), by striking ‘‘308 and

5 309’’ and inserting ‘‘308, 309, and 309A’’; and

6 (B) in subsection (c), in the second sen7 tence, by inserting ‘‘, the Middle East Broad8 casting Networks,’’ after ‘‘Asia’’.

9 (c) TECHNICAL AND CONFORMING AMENDMENT TO

10 TITLE 5.—Section 8332(b)(11) of title 5, United States

11 Code, is amended by inserting ‘‘the Middle East Broad12 casting Networks;’’ after ‘‘Radio Free Asia;’’.

13 SEC. 503. IMPROVING SIGNAL DELIVERY TO CUBA.

14 Section 3 of the Radio Broadcasting to Cuba Act (22

15 U.S.C. 1465a; Public Law 98–111) is amended—

16 (1) by striking subsection (b);

17 (2) by striking subsection (c) and inserting the

18 following new subsection:

19 ‘‘(c) To effect radio broadcasting to Cuba, the Board

20 is authorized to utilize the United States International

21 Broadcasting facilities located in Marathon, Florida, and

22 the 1180 AM frequency used at those facilities. In addi23 tion to the above facilities, the Board may simultaneously

24 utilize other governmental and nongovernmental broad25 casting transmission facilities and other frequencies, inVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00255 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 cluding the Amplitude Modulation (AM) band, the Fre2 quency Modulation (FM) band, and the Shortwave (SW)

3 band. The Board may lease time on commercial or non4 commercial educational AM band, FM band, and SW band

5 radio broadcasting stations to carry a portion of the serv6 ice programs or to rebroadcast service programs.’’;

7 (3) by striking subsection (d);

8 (4) by striking subsection (e) and inserting the

9 following new subsection:

10 ‘‘(e) Any service program of United States Govern11 ment radio broadcasts to Cuba authorized by this section

12 shall be designated ‘Radio Marti program’.’’; and

13 (5) by striking subsection (f).

14 SEC. 504. ESTABLISHING PERMANENT AUTHORITY FOR

15 RADIO FREE ASIA.

16 Section 309 of the United States International

17 Broadcasting Act of 1994 (22 U.S.C. 6208) is amended—

18 (1) in subsection (c)(2), by striking ‘‘, and shall

19 further specify that funds to carry out the activities

20 of Radio Free Asia may not be available after Sep21 tember 30, 2009’’; and

22 (2) by striking subsection (f).


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1 SEC. 505. PERSONAL SERVICES CONTRACTING PROGRAM.

2 Section 504 of the Foreign Relations Authorization

3 Act, Fiscal Year 2003 (Public Law 107–228) is

4 amended—

5 (1) in the section heading, by striking

6 ‘‘PILOT’’;

7 (2) in subsection (a)—

8 (A) by striking ‘‘pilot’’;

9 (B) by striking ‘‘(in this section referred to

10 as the ‘program’)’’; and

11 (C) by striking ‘‘producers, and writers’’

12 and inserting ‘‘and other broadcasting special13 ists’’;

14 (3) in subsection (b)(4), by striking ‘‘60’’ and

15 inserting ‘‘100’’; and

16 (4) by striking subsection (c).

17 SEC. 506. COMMONWEALTH OF THE NORTHERN MARIANA

18 ISLANDS EDUCATION BENEFITS.

19 Section 305(a) of the United States International

20 Broadcasting Act of 1994 (22 U.S.C. 6204(a)) is amended

21 by inserting after paragraph (18) the following new para22 graph:

23 ‘‘(19)(A) To provide for the payment of pri24 mary and secondary school expenses for dependents

25 of personnel stationed in the Commonwealth of the

26 Northern Mariana Islands (CNMI) at a cost not to


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1 exceed expenses authorized by the Department of

2 Defense for such schooling for dependents of mem3 bers of the Armed Forces stationed in the Common4 wealth, if the Board determines that schools avail5 able in the Commonwealth are unable to provide

6 adequately for the education of the dependents of

7 such personnel.

8 ‘‘(B) To provide transportation for dependents

9 of such personnel between their places of residence

10 and those schools for which expenses are provided

11 under subparagraph (A), if the Board determines

12 that such schools are not accessible by public means

13 of transportation.’’.

14 TITLE VI—MISCELLANEOUS

15 PROVISIONS AND REPORTING

16 REQUIREMENTS

17 SEC. 601. STATEMENT OF POLICY RELATING TO DEMOC18 RACY IN IRAN.

19 (a) FINDINGS.—Congress finds the following:

20 (1) Iran is neither free nor democratic. Men

21 and women are not treated equally in Iran, women

22 are legally deprived of internationally recognized

23 human rights, and religious freedom is not respected

24 under the laws of Iran. Undemocratic institutions,


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1 such as the Guardians Council, thwart the decisions

2 of elected leaders.

3 (2) The April 2005 report of the Department of

4 State states that Iran remained the most active

5 state sponsor of terrorism in 2004.

6 (3) That report also states that Iran continues

7 to provide funding, safe-haven, training, and weap8 ons to known terrorist groups, including Hizballah,

9 Hamas, the Palestine Islamic Jihad, al-Aqsa Mar10 tyrs Brigade, and the Popular Front for the Libera11 tion of Palestine, and has harbored senior members

12 of al-Qaeda.

13 (b) POLICY.—It is the policy of the United States

14 that—

15 (1) currently, there is not a free and fully

16 democratic government in Iran;

17 (2) the United States supports transparent, full

18 democracy in Iran;

19 (3) the United States supports the rights of the

20 Iranian people to choose their system of government;

21 and

22 (4) the United States condemns the brutal

23 treatment, imprisonment, and torture of Iranian ci24 vilians who express political dissent.


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1 SEC. 602. DUAL GATEWAY POLICY OF THE GOVERNMENT

2 OF IRELAND.

3 (a) IN GENERAL.—The Secretary of State shall re4 view the dual gateway policy and determine the effects the

5 discontinuation of such policy might have on the economy

6 of the United States and the economy of western Ireland

7 before the United States takes any action that could lead

8 to the discontinuation of such policy.

9 (b) ECONOMIC IMPACT STUDY.—In determining the

10 effects that the discontinuation of such policy might have

11 on the economy of the United States, the Secretary, in

12 consultation with the heads of other appropriate depart13 ments and agencies, shall consider the effects the dis14 continuation of such policy might have on United States

15 businesses operating in western Ireland, Irish businesses

16 operating in and around Shannon Airport, and United

17 States air carriers serving Ireland.

18 (c) REPORT.—Not later than 180 days after the date

19 of the enactment of this Act, the Secretary shall submit

20 to Congress a report describing the determinations made

21 under subsection (a), together with any recommendations

22 for United States action.

23 (d) DEFINITION.—In this section, the term ‘‘dual

24 gateway policy’’ means the policy of the Government of

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1 port to undertake an equal numbers of flights to Shannon

2 Airport and Dublin Airport during each calendar year.

3 SEC. 603. TRANS-SAHARA COUNTER-TERRORISM INITIA4 TIVE.

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that efforts by the Government of the United States

7 to expand the Pan Sahel Initiative into a robust counter8 terrorism program in the Saharan region of Africa, to be

9 known as the ‘‘Trans-Sahara Counter Terrorism Initia10 tive’’, should be strongly supported.

11 (b) REPORT.—

12 (1) IN GENERAL.—Not later than 120 days

13 after the date of the enactment of this Act, the Sec14 retary of State shall submit to the appropriate con15 gressional committees a detailed strategy, in classi16 fied form, regarding the plan of the Government of

17 the United States to expand the Pan Sahel Initiative

18 into a robust counter-terrorism program in the Sa19 haran region of Africa, to be known as the ‘‘Trans20 Sahara Counter Terrorism Initiative’’.

21 (2) CONTENTS.— The report shall include the

22 following:

23 (A) The names of the countries that will

24 participate in the Initiative.


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1 (B) A description of the types of security

2 assistance necessary to create rapid reaction se3 curity forces in order to bolster the capacity of

4 the countries referred to in subparagraph (A) to

5 govern their borders.

6 (C) A description of training to ensure re7 spect for human rights and civilian authority by

8 rapid reaction security forces referred to in sub9 paragraph (B) and other appropriate individ10 uals and entities of the countries referred to in

11 subparagraph (A).

12 (D) A description of the types of public di13 plomacy and related assistance that will be pro14 vided to promote development and counter rad15 ical Islamist elements that may be gaining a

16 foothold in the region.

17 (3) UPDATE.—The Secretary shall submit to

18 the appropriate congressional committees an update

19 of the report required by this subsection not later

20 than one year after the date of the initial submission

21 of the report under this subsection.

22 (c) COOPERATION OF OTHER DEPARTMENTS AND

23 AGENCIES.—The head of each appropriate department

24 and agency of the Government of the United States shall

25 cooperate fully with, and assist in the implementation of,


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1 the strategy described in subsection (b)(1) and shall make

2 such resources and information available as is necessary

3 to ensure the success of the Initiative described in such

4 subsection.

5 SEC. 604. REPORT ON HAITI.

6 Not later than one year after the date of the enact7 ment of this Act and one year thereafter, the Secretary

8 of State shall submit to the appropriate congressional

9 committees a report on United States efforts to—

10 (1) assist in the disarmament of illegally armed

11 forces in Haiti, including through a program of gun

12 exchanges;

13 (2) assist in the reform of the Haitian National

14 Police; and

15 (3) support stabilization in Haiti.

16 SEC. 605. REPORTS ON ACQUISITION AND MAJOR SECU17 RITY UPGRADES.

18 Section 605(c) of the Secure Embassy Construction

19 and Counterterrorism Act of 1999 (title VI of the Admiral

20 James W. Nance and Meg Donovan Foreign Relations Au21 thorization Act, Fiscal Years 2000 and 2001; Public Law

22 106–113–Appendix G) is amended—

23 (1) in the heading, by striking ‘‘SEMIANNUAL

24 REPORTS’’ and inserting ‘‘REPORTS’’;


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•HR 2601 IH

1 (2) in the matter preceding paragraph (1), by

2 striking ‘‘June 1 and’’; and

3 (3) in paragraph (1)(A), by striking ‘‘two fiscal

4 quarters’’ and inserting ‘‘year’’.

5 SEC. 606. REPORT ON REAL ESTATE TRANSACTIONS.

6 Section 12 of the Foreign Service Buildings Act,

7 1926 (22 U.S.C. 303) is hereby repealed.

8 SEC. 607. VERIFICATION REPORTS TO CONGRESS.

9 Section 403(a) of the Arms Control and Disar10 mament Act (22 U.S.C. 2593a(a)) is amended in the mat11 ter preceding paragraph (1)—

12 (1) by striking ‘‘prepared by the Secretary of

13 State with the concurrence of the Director of Cen14 tral Intelligence and in consultation with the Sec15 retary of Defense, the Secretary of Energy, and the

16 Chairman of the Joint Chiefs of Staff,’’; and

17 (2) by inserting ‘‘, as the President considers

18 appropriate’’ after ‘‘include’’.

19 SEC. 608. REPORTS ON PROTECTION OF REFUGEES FROM

20 NORTH KOREA.

21 Section 305(a) of the North Korean Human Rights

22 Act of 2004 (Public Law 108–333; 22 U.S.C. 7845) is

23 amended—

24 (1) in paragraph (1), by striking ‘‘and’’ at the

25 end;


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1 (2) in paragraph (2), by striking the period at

2 the end and inserting ‘‘; and’’; and

3 (3) by adding at the end the following new

4 paragraph:

5 ‘‘(3) a detailed description of the measures un6 dertaken by the Secretary of State to carry out sec7 tion 303, including country-specific information with

8 respect to United States efforts to secure the co9 operation and permission of the governments of

10 countries in East and Southeast Asia to facilitate

11 United States processing of North Koreans seeking

12 protection as refugees. The information required by

13 this paragraph may be provided in a classified for14 mat, if necessary.’’.

15 SEC. 609. REPORTS ON ACTIONS TAKEN BY THE UNITED

16 STATES TO ENCOURAGE RESPECT FOR

17 HUMAN RIGHTS.

18 Section 665(c) of the Foreign Relations Authoriza19 tion Act, Fiscal Year 2003 (Public Law 107–228) is

20 amended by striking ‘‘30 days’’ and inserting ‘‘90 days’’.

21 SEC. 610. REPORT ON SERVICES FOR CHILDREN WITH AU22 TISM AT OVERSEAS MISSIONS.

23 (a) STUDY.—With respect to countries in which there

24 is at least one mission of the United States, the Secretary

25 of State shall conduct a study of the availability of proVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00265 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 grams that address the special needs of children with au2 tism, including the availability of speech therapists and

3 pediatric occupational therapists at Department of De4 fense sponsored schools. Such study shall include the esti5 mated incidence of autism among dependents of members

6 of the Foreign Service and dependents of specialist For7 eign Service personnel. Such study shall also include an

8 analysis of the possibility of establishing ‘‘Educational

9 Centers of Excellence’’ for such children.

10 (b) REPORT.—Not later than 30 days after the com11 pletion of the study required under subsection (a), the Sec12 retary shall submit to the appropriate congressional com13 mittees a report containing the findings of the study to14 gether with any recommendations for related action.

15 SEC. 611. REPORT ON INTERNET JAMMING.

16 Not later than March 1 of the year following the date

17 of the enactment of this Act and one year thereafter, the

18 Chairman of the Broadcasting Board of Governors shall

19 submit to the appropriate congressional committees a re20 port on the status of state-sponsored and state-directed

21 Internet jamming by repressive foreign governments and

22 a description of efforts by the United States to counter

23 such jamming. Each report shall list the countries the gov24 ernments of which pursue Internet censorship or jamming,

25 provide information concerning the government agencies


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1 or quasi-governmental organizations of such governments

2 that engage in Internet jamming; and describe with the

3 greatest particularity practicable the technological means

4 by which such jamming is accomplished. If the Chairman

5 determines that such is appropriate, the Chairman may

6 submit such report together with a classified annex.

7 SEC. 612. REPORT ON DEPARTMENT OF STATE EMPLOY8 MENT COMPOSITION.

9 (a) STATEMENT OF POLICY.—In order for the De10 partment of State to accurately represent all people in the

11 United States, the Department must accurately reflect the

12 diversity of the United States.

13 (b) REPORT.—Not later than one year after the date

14 of the enactment of this Act, the Secretary of State shall

15 submit to the appropriate congressional committees a re16 port containing information on—

17 (1) the number of racial and ethnic minorities

18 and the number of women employed at the Depart19 ment of State, including the percentages of each

20 such racial or ethnic minority and the percentage of

21 women in comparison with all employees of the De22 partment, as of the first day of the first fiscal year

23 after such date; and

24 (2) the number of racial and ethnic minorities

25 and the number of women recruited for employment


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1 at the Department, including the percentages of

2 each such racial or ethnic minority and the percent3 age of women in comparison with all individuals re4 cruited for such employment, during the immediately

5 preceding fiscal year.

6 SEC. 613. SENSE OF CONGRESS REGARDING KOREAN FUL7 BRIGHT PROGRAMS.

8 It is the sense of Congress that Fulbright program

9 activities for the Republic of Korea (commonly referred

10 to as ‘‘South Korea’’) should—

11 (1) include participation by students from

12 throughout South Korea, including proportional rep13 resentation from areas outside of Seoul;

14 (2) attempt to include Korean students from a

15 broad range of educational institutions, including

16 schools other than elite universities;

17 (3) broaden the Korean student emphasis be18 yond degree-seeking graduate students to include op19 portunities for one-year nondegree study at United

20 States colleges and universities by pre-doctoral Ko21 rean students; and

22 (4) include a significant number of Korean stu23 dents planning to work or practice in areas other

24 than advanced research and university teaching,


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1 such as in government service, media, law, and busi2 ness.

3 SEC. 614. LOCATION OF INTERNATIONAL INSTITUTIONS IN

4 AFRICA.

5 (a) STATEMENT OF CONGRESS.—Congress declares

6 that, for the purpose of maintaining regional balances with

7 respect to the location of international organizations and

8 institutions in Africa, such organizations or institutions,

9 such as the African Development Bank, that move their

10 headquarters offices from their original locations for rea11 sons of security should return once those security issues

12 have been resolved or should relocate to another country

13 in the region in which the organization or institution was

14 originally headquartered.

15 (b) CONSULTATIONS REGARDING RETURN.—The

16 Secretary of State is authorized to begin consultations

17 with appropriate parties to determine the feasibility of re18 turning such organizations and institutions to the regions

19 in which they were originally headquartered.

20 SEC. 615. PROHIBITION ON COMMEMORATIONS RELATING

21 TO LEADERS OF IMPERIAL JAPAN.

22 The Department of State, both in Washington and

23 at United States diplomatic missions and facilities in for24 eign countries, shall not engage in any activity, including

25 the celebration of the recently enacted Showa holiday,


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1 which may, in any manner, serve to commemorate or be

2 construed as serving to commemorate leaders of Imperial

3 Japan who were connected to the attack on the United

4 States Fleet at Pearl Harbor, Oahu, Hawaii, on December

5 7, 1941.

Æ


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Mr. SMITH OF NEW JERSEY. I say to my colleagues that the Africa, Global Human Rights and International Operations Subcommittee marked up H.R. 2601 on May 26, and I want to acknowledge and thank my good friend and colleague Mr. Payne, who 

is a cosponsor of this bill, and other Members of the Subcommittee 

from both sides of the aisle whose collaborative efforts made this 

possible. 

I also want to thank Chairman Hyde and, of course, Mr. Lantos, 

who made many, many important contributions to the legislation. 

As he said during our earlier discussion on the bill dealing with 

UN reform, this bill is truly a consensus bill. We have a number 

of people who provided very valuable input to the legislation. 

The legislation, H.R. 2601, as passed by the Subcommittee, au- thorizes $9.33 billion for the State Department and $652 million for 

international broadcasting activities, for a total of $9.985 billion, an 

increase of 12.4 percent over Fiscal Year 2005. This bill fully funds 

the management and programs of the State Department and meets 

the President’s request. 

Administration priorities included in the bill are a doubling of 

U.S. contributions for international peacekeeping, a 10.2 percent 

increase for international broadcasting, $429 million for education 

and cultural exchanges and a $334 million allocation for public diplomacy programs. The 6.5 percent increase in the diplomatic and 

consular programs account will fund over 150 new staffing positions for increased needs in Iraq, Afghanistan, Libya, and Sudan, 

as well as enabling increased language training staffing for the Office of Civilization and Reconstruction. 

Security initiatives in H.R. 2601 include $1.5 billion for security- related construction of U.S. Embassies, $690 million to increase security for diplomatic personnel, and $930 million for border security programs, which are increases of 1.5, 5.4 and 7.6 percent, respectively. These requests include funding for 55 additional diplomatic security personnel positions and 55 new consular positions. 

Under the capital security construction program, eight new Embassy compounds and four USAID annexes would be funded. New 

provisions approved by the Subcommittee include permanent authorization for Radio Free Asia, increased funds for the Rangel Fellows Program, a program to train and attract more minorities to 

the ranks of our diplomatic corps, sense of Congress language that 

the United States should not support educational programs of the 

Palestinian Authority if that entity continues to include materials 

which foster anti-Semitism and rejecting the peace with Israel, and 

language to close the 16 percent gap between the base pay of officers stationed in Washington, DC, and those stationed overseas 

created by years of DC locality pay increases. 

In conclusion, I urge the Full Committee’s support for the bill. 

This bill gives our diplomatic service the resources it needs in this 

post-9/11 environment to promote U.S. interests and values abroad 

and to protect American citizens here at home. 

I would like to yield to Mr. Lantos for any opening comments he 

might have. 

Mr. LANTOS. Thank you very much, Mr. Chairman, and let me 

at the outset pay tribute to the outstanding work the Subcommittee did under your chairmanship in preparing this very 

266

complicated piece of legislation. I also want to commend Chairman 

Hyde for the bipartisan manner in which both he and you have 

worked with our side on this legislation. 

After a lively debate on the UN reform bill, I am pleased our 

Committee can now turn to a bill that reflects so much work from 

both Republicans and Democrats alike. This is an excellent piece 

of legislation, Mr. Chairman, and I strongly support its passage. 

In general, it authorizes the full budget request of Secretary of 

State Condoleeza Rice, and it improves many important provisions 

sought by both our Secretary of State and many Members of this 

Committee to help her manage the Department. 

The legislation also contains an extremely important initiative on 

a bipartisan basis to restructure American assistance to the Government of Egypt. Over the past 5 years, our economic aid to Egypt 

has been cut by $40 million per year while military aid remains 

constant. The result is that last year Egypt received $1.3 billion in 

military aid and less than half that, $530 million, in economic support. 

The Lantos-Hyde provision in our legislation reverses that trend, while keeping overall aid to Egypt constant. The $40 million per 

year would be cut from military assistance while leaving economic 

aid untouched. 

Egypt has an enviable external security situation, Mr. Chairman. 

It is at peace with all of its neighbors. It faces no threats. But its 

domestic situation is marred by poverty, substandard levels of education and health care, and severely limited freedom. It is time 

that we realign our foreign aid priorities with the needs of the 

Egyptian people and the requirements of Egyptian stability rather 

than with the desires of the Egyptian military. Our provision on 

aid to Egypt makes a modest start in that direction and points the 

way toward more meaningful reform in the future. The major beneficiaries of our approach will be the Egyptian people. 

Our bill also contains important provisions that continue our 

commitment to the people of Tibet by bolstering the authorities 

granted to the Tibet coordinator at the Department of State. It also 

ensures that assistance provided by the United Nations Development Program in Burma does not benefit the totalitarian military 

regime in that country. 

In the area of human rights, our bill increases the resources for 

the State Department’s Bureau for Democracy, Human Rights and 

Labor. It provides authority to the Bureau to fund overseas staff 

positions for monitoring and reporting on human rights issues. The 

legislation also increases funding for the National Endowment for 

Democracy and for the Asia Foundation. 

This, of course, is not a perfect bill, Mr. Chairman. None are. But 

it is a very good piece of legislation. We have included scores of important initiatives sought by our Committee Members and the Department of State, and undoubtedly, we will include more as the 

markup unfolds today. 

Throughout the process, Chairman Hyde, you, Mr. Smith, and 

the Republican staff have been most cooperative and collegial, for 

which I express publicly my appreciation, and I want to thank you 

for recognizing me. 

Mr. SMITH OF NEW JERSEY. Thank you very much, Mr. Lantos.

267

The Chair recognizes himself to offer an amendment in the nature of a substitute which, without objection, will be considered as 

read, and I ask unanimous consent that it be considered as base 

text. 

Without objection, so ordered. 

[The amendment referred to follows:]

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1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 2601

OFFERED BY MR. SMITH OF NEW JERSEY

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Foreign Relations Au3 thorization Act, Fiscal Years 2006 and 2007’’.

4 SEC. 2. TABLE OF CONTENTS.

5 The table of contents for this Act is as follows:

Sec. 1. Short Title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS

Sec. 101. Administration of Foreign Affairs.

Sec. 102. Contributions to International Organizations.

Sec. 103. International Commissions.

Sec. 104. Migration and Refugee Assistance.

Sec. 105. Centers and foundations.

Sec. 106. United States International Broadcasting activities.

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND

ACTIVITIES

Sec. 201. Consolidation of law enforcement powers; new criminal offense.

Sec. 202. International litigation fund.

Sec. 203. Retention of medical reimbursements.

Sec. 204. Buying power maintenance account.

Sec. 205. Authority to administratively amend surcharges.

Sec. 206. Accountability review boards.

Sec. 207. Designation of Colin L. Powell Residential Plaza.

Sec. 208. Removal of contracting prohibition.

Sec. 209. Translation of reports of the Department of State.

Sec. 210. Entries within passports.

Sec. 211. United States actions with respect to Jerusalem as the capital of

Israel.

Sec. 212. Availability of unclassified telecommunications facilities.


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H.L.C.

Sec. 213. Reporting formats.

Sec. 214. Restrictions on United States voluntary contributions to the United

Nations Development Program.

Sec. 215. Extension of requirement for scholarships for Tibetans and Burmese.

TITLE III—ORGANIZATION AND PERSONNEL OF THE

DEPARTMENT OF STATE

Sec. 301. Education allowances.

Sec. 302. Official residence expenses.

Sec. 303. Increased limits applicable to post differentials and danger pay allowances.

Sec. 304. Home leave.

Sec. 305. Overseas equalization and comparability pay adjustment.

Sec. 306. Fellowship of Hope Program.

Sec. 307. Regulations regarding retirement credit for Government Service performed abroad.

Sec. 308. Promoting assignments to international organizations.

Sec. 309. Suspension of Foreign Service members without pay.

Sec. 310. Death gratuity.

Sec. 311. Clarification of Foreign Service Grievance Board procedures.

Sec. 312. Repeal of recertification requirement for members of the Senior Foreign Service.

Sec. 313. Technical amendments to Title 5 provisions on recruitment, relocation, and retention bonuses.

Sec. 314. Limited appointments in the Foreign Service.

Sec. 315. Statement of Congress.

Sec. 316. Sense of Congress regarding additional United States consular posts.

Sec. 317. Office of the Culture of Lawfulness.

TITLE IV—INTERNATIONAL ORGANIZATIONS

Sec. 401. REDI Center.

Sec. 402. Extension of authorization of appropriation for the United States

Commission on International Religious Freedom.

Sec. 403. Property disposition.

TITLE V—CHANGES IN ADMINISTRATIVE AUTHORITIES FOR

INTERNATIONAL BROADCASTING

Sec. 501. Short Title.

Sec. 502. Middle East Broadcasting Networks.

Sec. 503. Improving signal delivery to Cuba.

Sec. 504. Establishing permanent authority for Radio Free Asia.

Sec. 505. Personal services contracting Program.

Sec. 506. Commonwealth of the Northern Mariana Islands education benefits.

TITLE VI—REPORTING REQUIREMENTS

Sec. 601. Trans-Sahara counter-terrorism Initiative.

Sec. 602. Annual patterns of global terrorism report.

Sec. 603. Study and report on dual gateway policy of the Government of Ireland.

Sec. 604. Report on Haiti.

Sec. 605. Verification reports to Congress.

Sec. 606. Reports on protection of refugees from North Korea.


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H.L.C.

Sec. 607. Reports on actions taken by the United States to encourage respect

for human rights.

Sec. 608. Reports on acquisition and major security upgrades.

Sec. 609. Report on services for children with autism at overseas missions.

Sec. 610. Report on incidence and prevalence of autism worldwide.

Sec. 611. Report on Internet jamming.

Sec. 612. Report on Department of State employment composition.

Sec. 613. Report on incitement to acts of discrimination.

Sec. 614. Reports on child marriage.

Sec. 615. Reports relating to Magen David Adom Society.

Sec. 616. Reports relating to developments in and policy toward Indonesia.

Sec. 617. Report relating to the murders of United States citizens John

Branchizio, Mark Parson, and John Marin Linde.

Sec. 618. Elimination of report on real estate transactions.

TITLE VII—STRATEGIC EXPORT CONTROL AND SECURITY

ASSISTANCE ACT OF 2005

Subtitle A—General Provisions

Sec. 701. Short title.

Sec. 702. Definitions.

Sec. 703. Declaration of policy.

Subtitle B—Revising and Strengthening Strategic Export Control Policies

Sec. 711. Amendments to the State Department Basic Authorities Act of 1956.

Sec. 712. Strategic Export Control Board.

Subtitle C—Procedures relating to export licenses

Sec. 721. Transparency of jurisdictional determinations.

Sec. 722. Certifications relating to export of certain defense articles and defense services.

Sec. 723. Priority for United States military operations.

Sec. 724. License officer staffing and workload.

Sec. 725. Database of United States military assistance.

Sec. 726. Training and liaison for small businesses.

Sec. 727. Commercial communications satellite technical data.

Sec. 728. Reporting requirement for unlicensed exports.

Subtitle D—Terrorist-Related Provisions and Enforcement Matters

Sec. 731. Sensitive technology transfers to foreign persons located within the

United States.

Sec. 732. Certification concerning exempt weapons transfers along the northern

border of the United States.

Sec. 733. Comprehensive nature of United States arms embargoes.

Sec. 734. Control of items on Missile Technology Control Regime Annex.

Sec. 735. Unlawful use of United States defense articles.

Subtitle E—Strengthening United States missile nonproliferation law

Sec. 741. Probationary period for foreign persons.

Sec. 742. Strengthening United States missile proliferation sanctions on foreign

persons.

Sec. 743. Comprehensive United States missile proliferation sanctions on all responsible foreign persons.


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H.L.C.

Subtitle F—Security assistance and related provisions

Sec. 751. Authority to transfer naval vessels to certain foreign countries.

Sec. 752. Transfer of obsolete and surplus items from Korean war reserves

stockpile and removal or disposal of remaining items.

Sec. 753. Extension of Pakistan waivers.

Sec. 754. Reporting requirement for foreign military training.

Sec. 755. Certain services provided by the United States in connection with foreign military sales.

Sec. 756. Maritime interdiction patrol boats for Mozambique.

Sec. 757. Reimbursement for International Military Education and Training.

TITLE VIII—FOREIGN ASSISTANCE PROVISIONS

Sec. 801. Amendments to the Tibetan Policy Act of 2002.

Sec. 802. Support for pro-democracy and human rights organizations in certain

countries.

Sec. 803. Amendments to the Afghanistan Freedom Support Act of 2002.

Sec. 804. Assistance to promote democracy and human rights in Vietnam.

Sec. 805. Economic Support Funds for Venezuela.

Sec. 806. Assistance to support democracy in Zimbabwe.

Sec. 807. Support for famine relief in Ethiopia.

Sec. 808. Inter-Arab Democratic Charter.

Sec. 809. Middle East Partnership Initiative.

Sec. 810. Assistance to promote democracy in Belarus.

Sec. 811. Requirements relating to Economic Support Fund assistance for

Egypt.

Sec. 812. Assistance for maternal and prenatal care for certain individuals of

Belarus and Ukraine involved in the cleanup of the Chornobyl

disaster.

Sec. 813. Assistance for the Office of the Ombudsman for Northern Ireland.

Sec. 814. Assistance to address non-infectious diseases in foreign countries.

Sec. 815. Assistance to establish centers for the treatment of obstetric fistula

in developing countries.

Sec. 816. West Bank and Gaza Program.

Sec. 817. Amendments to the Anglo-Irish Agreement Support Act of 1986.

TITLE IX—MISCELLANEOUS PROVISIONS

Subtitle A—General provisions

Sec. 901. Statement of policy relating to Democracy in Iran.

Sec. 902. Iranian nuclear activities.

Sec. 903. Location of international institutions in Africa.

Sec. 904. Benjamin Gilman International Scholarship program.

Sec. 905. Prohibition on commemorations relating to leaders of Imperial Japan.

Sec. 906. United States policy regarding World Bank Group loans to Iran.

Sec. 907. Statement of policy regarding support for SECI Regional Center for

Combating Trans-Border Crime.

Sec. 908. Statement of policy urging Turkey to respect the rights and religious

freedoms of the Ecumenical Patriarch.

Sec. 909. Statement of policy regarding the murder of United States citizen

John M. Alvis.

Subtitle B—Sense of Congress provisions

Sec. 911. Korean Fulbright programs.


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H.L.C.

Sec. 912. United States relations with Taiwan.

Sec. 913. Nuclear proliferation and A. Q. Khan.

Sec. 914. Palestinian textbooks.

Sec. 915. International convention affirming the human rights and dignity of

persons with disabilities.

Sec. 916. Fulbright Scholarships for East Asia and the Pacific.

Sec. 917. Baku-Tbilisi-Ceyhan energy pipeline.

Sec. 918. United States foreign assistance.

Sec. 919. Elimination of extreme poverty in developing countries.

Sec. 920. Assistance for regional health care delivery.

Sec. 921. Assistance for regional health education and training programs.

1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—Except as otherwise provided, the term ‘‘ap5 propriate congressional committees’’ means the

6 Committee on International Relations of the House

7 of Representatives and the Committee on Foreign

8 Relations of the Senate.

9 (2) DEPARTMENT.—The term ‘‘Department’’

10 means the Department of State.

11 (3) SECRETARY.—The term ‘‘Secretary’’ means

12 the Secretary of State.

13 TITLE I—AUTHORIZATIONS OF

14 APPROPRIATIONS

15 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

16 The following amounts are authorized to be appro17 priated for the Department of State under ‘‘Administra18 tion of Foreign Affairs’’ to carry out the authorities, func19 tions, duties, and responsibilities in the conduct of foreign


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H.L.C.

1 affairs of the United States and for other purposes author2 ized by law:

3 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

4 For ‘‘Diplomatic and Consular Programs’’,

5 $3,769,118,000 for fiscal year 2006, and

6 $3,896,611,500 for fiscal year 2007.

7 (A) WORLDWIDE SECURITY UPGRADES.—

8 In addition to amounts authorized to be appro9 priated under paragraph (1), $689,523,000 for

10 fiscal year 2006, and $710,208,690 for fiscal

11 year 2007, are authorized to be appropriated

12 for worldwide security upgrades.

13 (B) PUBLIC DIPLOMACY.—Of the amounts

14 authorized to be appropriated under paragraph

15 (1), $333,863,000 for fiscal year 2006, and

16 $343,699,000 for fiscal year 2007, are author17 ized to be appropriated for public diplomacy.

18 (C) BUREAU OF DEMOCRACY, HUMAN

19 RIGHTS, AND LABOR.—Of the amounts author20 ized to be appropriated under paragraph (1),

21 $20,000,000 for fiscal year 2006, and

22 $20,000,000 for fiscal year 2007, are author23 ized to be appropriated for salaries and ex24 penses of the Bureau of Democracy, Human

25 Rights, and Labor.


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H.L.C.

1 (D) ANTI-SEMITISM.—Of the amounts au2 thorized to be appropriated under paragraph

3 (1), $225,000 for fiscal year 2006 and

4 $225,000 for fiscal year 2007 are authorized to

5 be appropriated for necessary expenses to fund

6 secondments, hiring of staff, and support tar7 geted projects of the Office of Democratic Insti8 tutions and Human Rights (ODIHR) of the Or9 ganization for Security and Cooperation in Eu10 rope (OSCE) regarding anti-Semitism and in11 tolerance and for the OSCE/ODIHR Law En12 forcement Officers Hate Crimes Training Pro13 gram.

14 (E) RELIGIOUS FREEDOM.—

15 (i) IN GENERAL.—Of the amounts au16 thorized to be appropriated under para17 graph (1), $205,000 for fiscal year 2006

18 and $205,000 for fiscal year 2007 are au19 thorized to be appropriated for necessary

20 expenses to fund activities of the Organiza21 tion for Security and Cooperation in Eu22 rope relating to freedom of religion and be23 lief.

24 (ii) OSCE PROJECTS, ACTIVITIES,

25 AND MISSIONS.—


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H.L.C.

1 (I) PROJECTS AND ACTIVITIES.—

2 Of the amounts authorized to be ap3 propriated under paragraph (1),

4 $125,000 for fiscal year 2006 and

5 $125,000 for fiscal year 2007 are au6 thorized to be appropriated for nec7 essary expenses to fund for

8 secondments, hiring of staff, and sup9 port targeted projects of the Office of

10 Democratic Institutions and Human

11 Rights (ODIHR) of the Organization

12 for Security and Cooperation in Eu13 rope (OSCE) regarding religious free14 dom and for the OSCE/ODIHR Panel

15 of Experts on Freedom of Religion or

16 Belief.

17 (II) MISSIONS.—Of the amounts

18 authorized to be appropriated under

19 paragraph (1), $80,000 for fiscal year

20 2006 and $80,000 for fiscal year

21 2007 are authorized to be appro22 priated for OSCE Missions in Arme23 nia, Azerbaijan, Georgia, Kazakhstan,

24 Kyrgyzstan, Tajikistan, Turkmenistan

25 and Uzbekistan for activities to adVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00281 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 dress issues relating to religious free2 dom and belief and to fund the hiring

3 of new staff who are dedicated to reli4 gious freedom and belief.

5 (F) CHARLES B. RANGEL INTERNATIONAL

6 AFFAIRS PROGRAM.—Of the amounts author7 ized to be appropriated under paragraph (1),

8 $1,500,000 for fiscal year 2006 and $1,500,000

9 for fiscal year 2007 are authorized to be appro10 priated for the Charles B. Rangel International

11 Affairs Program at Howard University.

12 (G) MINORITY RECRUITMENT.—Of the

13 amounts authorized to be appropriated under

14 paragraph (1), $2,000,000 for fiscal year 2006

15 and $2,000,000 for fiscal year 2007 is author16 ized to be appropriated for the recruitment of

17 members of minority groups for careers in the

18 Foreign Service and international affairs.

19 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap20 ital Investment Fund’’, $131,000,000 for fiscal year

21 2006, and $131,000,000 for fiscal year 2007.

22 (3) EMBASSY SECURITY, CONSTRUCTION AND

23 MAINTENANCE.—For ‘‘Embassy Security, Construc24 tion and Maintenance’’, $1,526,000,000 for fiscal

25 year 2006, and $1,550,000,000 for fiscal year 2007.


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1 (4) EDUCATIONAL AND CULTURAL EXCHANGE

2 PROGRAMS.—

3 (A) IN GENERAL.—For ‘‘Educational and

4 Cultural Exchange Programs’’, $428,900,000

5 for the fiscal year 2006, and $438,500,000 for

6 fiscal year 2007.

7 (B) SUMMER INSTITUTES FOR KOREAN

8 STUDENT LEADERS.—Of the amounts author9 ized to be appropriated under subparagraph

10 (A), $750,000 for fiscal year 2006 and

11 $750,000 for fiscal year 2007 are authorized to

12 be appropriated for summer academic study

13 programs in the United States (focusing on

14 United States political systems, government in15 stitutions, society, and democratic culture) for

16 college and university students from the Repub17 lic of Korea, to be known as the ‘‘United States

18 Summer Institutes for Korean Student Lead19 ers’’.

20 (C) SUDANESE SCHOLARSHIPS.—Of the

21 amounts authorized to be available under sub22 paragraph (A), $500,000 for fiscal year 2004

23 and $500,000 for fiscal year 2005 is authorized

24 to be available for scholarships for students

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1 ondary education in the United States, to be

2 known as ‘‘Sudanese Scholarships’’.

3 (D) SCHOLARSHIPS FOR INDIGENOUS PEO4 PLES OF MEXICO AND CENTRAL AND SOUTH

5 AMERICA.— Of the amounts authorized to be

6 appropriated under subparagraph (A),

7 $250,000 for fiscal year 2006 and $250,000 for

8 fiscal year 2007 are authorized to be appro9 priated for scholarships for secondary and post10 secondary education in the United States for

11 students from Mexico and the countries of Cen12 tral and South America who are descended

13 from the indigenous peoples of Mexico or such

14 countries.

15 (E) SOUTH PACIFIC EXCHANGES.—Of the

16 amounts authorized to be appropriated under

17 subparagraph (A), $650,000 for fiscal year

18 2006 and $650,000 for fiscal year 2007 are au19 thorized to be appropriated for South Pacific

20 Exchanges.

21 (F) TIBETAN SCHOLARSHIP PROGRAM.—

22 Of the amount authorized to be appropriated

23 under subparagraph (A), $750,000 for fiscal

24 year 2006 and $800,000 for fiscal year 2007 is

25 authorized to be made available to carry out the


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1 Tibetan scholarship program established under

2 section 103(b)(1) of the Human Rights, Ref3 ugee, and Other Foreign Relations Provisions

4 Act of 1996 (Public Law 104–319; 22 U.S.C.

5 2151 note).

6 (G) NGAWANG CHOEPEL EXCHANGE PRO7 GRAMS.—Of the amount authorized to be ap8 propriated under subparagraph (A), $500,000

9 for fiscal year 2006 and $500,000 for fiscal

10 year 2007 is authorized to be available for the

11 ‘‘Ngawang Choepel Exchange Programs’’ (for12 merly known as ‘‘programs of educational and

13 cultural exchange between the United States

14 and the people of Tibet’’) under section 103(a)

15 of the Human Rights, Refugee, and Other For16 eign Relations Provisions Act of 1996 (Public

17 Law 104–319; 22 U.S.C. 2151 note).

18 (H) HIV/AIDS INITIATIVE.—Of the

19 amount authorized to be appropriated under

20 subparagraph (A), $1,000,000 for fiscal year

21 2006 and $1,000,000 for fiscal year 2007 is au22 thorized to be appropriated for HIV/AIDS re23 search and mitigation strategies.


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1 (5) REPRESENTATION ALLOWANCES.—For

2 ‘‘Representation Allowances’’, $8,281,000 for fiscal

3 year 2006, and $8,281,000 for fiscal year 2007.

4 (6) PROTECTION OF FOREIGN MISSIONS AND

5 OFFICIALS.—For ‘‘Protection of Foreign Missions

6 and Officials’’, $9,390,000 for fiscal year 2006 and

7 $9,390,000 for fiscal year 2007.

8 (7) EMERGENCIES IN THE DIPLOMATIC AND

9 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip10 lomatic and Consular Service’’, $12,143,000 for fis11 cal year 2006, and $12,143,000 for fiscal year 2007.

12 (8) REPATRIATION LOANS.—For ‘‘Repatriation

13 Loans’’, $1,319,000 for fiscal year 2006, and

14 $1,319,000 for fiscal year 2007.

15 (9) PAYMENT TO THE AMERICAN INSTITUTE IN

16 TAIWAN.—For ‘‘Payment to the American Institute

17 in Taiwan’’, $19,751,000 for fiscal year 2006, and

18 $20,146,020 for fiscal year 2007.

19 (10) OFFICE OF THE INSPECTOR GENERAL.—

20 For ‘‘Office of the Inspector General’’, $29,983,000

21 for fiscal year 2006, and $29,983,000 for fiscal year

22 2007.


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1 SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA2 TIONS.

3 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

4 ORGANIZATIONS.—There are authorized to be appro5 priated for ‘‘Contributions to International Organiza6 tions’’, $1,296,500,000 for fiscal year 2006 and

7 $1,322,430,000 for fiscal year 2007, for the Department

8 of State to carry out the authorities, functions, duties, and

9 responsibilities in the conduct of the foreign affairs of the

10 United States with respect to international organizations

11 and to carry out other authorities in law consistent with

12 such purposes.

13 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE14 KEEPING ACTIVITIES.—There are authorized to be appro15 priated for ‘‘Contributions for International Peacekeeping

16 Activities’’, $1,035,500,000 for fiscal year 2006, and such

17 sums as may be necessary for fiscal year 2007, for the

18 Department of State to carry out the authorities, func19 tions, duties, and responsibilities of the United States with

20 respect to international peacekeeping activities and to

21 carry out other authorities in law consistent with such

22 purposes. Amounts appropriated pursuant to this sub23 section are authorized to remain available until expended.

24 (c) FOREIGN CURRENCY EXCHANGE RATES.—

25 (1) AUTHORIZATION OF APPROPRIATIONS.—In

26 addition to amounts authorized to be appropriated


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1 under subsection (a), there are authorized to be ap2 propriated such sums as may be necessary for each

3 of fiscal years 2006 and 2007 to offset adverse fluc4 tuations in foreign currency exchange rates.

5 (2) AVAILABILITY OF FUNDS.—Amounts appro6 priated under this subsection shall remain available

7 for obligation and expenditure only to the extent

8 that the Director of the Office of Management and

9 Budget determines and certifies to Congress that

10 such amounts are necessary due to such fluctua11 tions.

12 SEC. 103. INTERNATIONAL COMMISSIONS.

13 The following amounts are authorized to be appro14 priated under ‘‘International Commissions’’ for the De15 partment of State to carry out the authorities, functions,

16 duties, and responsibilities in the conduct of the foreign

17 affairs of the United States and for other purposes author18 ized by law:

19 (1) INTERNATIONAL BOUNDARY AND WATER

20 COMMISSION, UNITED STATES AND MEXICO.—For

21 ‘‘International Boundary and Water Commission,

22 United States and Mexico’’—

23 (A) for ‘‘Salaries and Expenses’’,

24 $28,200,000 for fiscal year 2006, and

25 $28,200,000 for fiscal year 2007; and


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1 (B) for ‘‘Construction’’, $6,100,000 for fis2 cal year 2006, and $6,100,000 for fiscal year

3 2007.

4 (2) INTERNATIONAL BOUNDARY COMMISSION,

5 UNITED STATES AND CANADA.—For ‘‘International

6 Boundary Commission, United States and Canada’’,

7 $1,429,000 for fiscal year 2006 and $1,429,000 for

8 fiscal year 2007.

9 (3) INTERNATIONAL JOINT COMMISSION.—For

10 ‘‘International Joint Commission’’, $6,320,000 for

11 fiscal year 2006 and $6,320,000 for fiscal year

12 2007.

13 (4) INTERNATIONAL FISHERIES COMMIS14 SIONS.—For ‘‘International Fisheries Commissions’’,

15 $25,123,000 for fiscal year 2006 and $25,123,000

16 for fiscal year 2007.

17 SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

18 (a) IN GENERAL.—There are authorized to be appro19 priated for the Department of State for ‘‘Migration and

20 Refugee Assistance’’ for authorized activities,

21 $955,000,000 for fiscal year 2006 and $983,650,000 for

22 fiscal year 2007.

23 (b) REFUGEES RESETTLING IN ISRAEL.—Of the

24 amounts authorized to be appropriated under subsection


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1 (a), there are authorized to be appropriated $40,000,000

2 for fiscal year 2006 and $40,000,000 for fiscal year 2007.

3 SEC. 105. CENTERS AND FOUNDATIONS.

4 (a) ASIA FOUNDATION.—There are authorized to be

5 appropriated for ‘‘The Asia Foundation’’ for authorized

6 activities, $18,000,000 for fiscal year 2006 and

7 $18,000,000 for fiscal year 2007.

8 (b) NATIONAL ENDOWMENT FOR DEMOCRACY.—

9 There are authorized to be appropriated for the ‘‘National

10 Endowment for Democracy’’ for authorized activities,

11 $80,000,000 for fiscal year 2006 and $80,000,000 for fis12 cal year 2007.

13 (c) CENTER FOR CULTURAL AND TECHNICAL INTER14 CHANGE BETWEEN EAST AND WEST.—There are author15 ized to be appropriated for the ‘‘Center for Cultural and

16 Technical Interchange Between East and West’’ for au17 thorized activities, $13,024,000 for fiscal year 2006 and

18 $13,024,000 for fiscal year 2007.

19 SEC. 106. UNITED STATES INTERNATIONAL BROADCASTING

20 ACTIVITIES.

21 The following amounts are authorized to be appro22 priated to carry out United States Government inter23 national broadcasting activities under the United States

24 Information and Educational Exchange Act of 1948, the

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1 casting to Cuba Act, the United States International

2 Broadcasting Act of 1994, and the Foreign Affairs Re3 form and Restructuring Act of 1998, and to carry out

4 other authorities in law consistent with such purposes:

5 (1) For ‘‘International Broadcasting Oper6 ations’’, $603,394,000 for fiscal year 2006 and

7 $621,495,820 for fiscal year 2007. Of the amounts

8 authorized to be appropriated under under this

9 paragraph, $5,000,000 is authorized to be appro10 priated for fiscal year 2006 and $5,000,000 is au11 thorized to be appropriated for fiscal year 2007 for

12 increased broadcasting to Belarus.

13 (2) For ‘‘Broadcasting Capital Improvements’’,

14 $10,893,000 for fiscal year 2006 and $10,893,000

15 for fiscal year 2007.

16 (3) For ‘‘Broadcasting to Cuba’’, $37,656,000

17 for fiscal year 2006 and $29,931,000 for fiscal year

18 2007, to remain available until expended, for nec19 essary expenses to enable the Broadcasting Board of

20 Governors to carry out broadcasting to Cuba, includ21 ing the purchase, rent, construction, and improve22 ment of facilities for radio and television trans23 mission and reception, and the purchase, lease, and

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1 craft, for radio and television transmission and re2 ception.

3 (4) In addition to such amounts as are other4 wise authorized to be appropriated for the Broad5 casting Board of Governors, there are authorized to

6 be appropriated $9,100,000 for fiscal years 2006

7 and 2007 to overcome the jamming of Radio Free

8 Asia by Vietnam.

9 TITLE II—DEPARTMENT OF

10 STATE AUTHORITIES AND AC11 TIVITIES

12 SEC. 201. CONSOLIDATION OF LAW ENFORCEMENT POW13 ERS; NEW CRIMINAL OFFENSE.

14 (a) IN GENERAL.—Chapter 203 of title 18, United

15 States Code, is amended by adding at the end the fol16 lowing new section:

17 ‘‘§ 3064. Powers of special agents in the Department

18 of State and the Foreign Service

19 ‘‘Whoever knowingly and willfully obstructs, resists,

20 or interferes with a Federal law enforcement agent en21 gaged in the performance of the protective functions au22 thorized by section 37 of the State Department Basic Au23 thorities Act of 1956 or by section 103 of the Omnibus

24 Diplomatic Security and Antiterrorism Act of 1986 shall


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1 be fined under this title or imprisoned not more than one

2 year, or both.’’.

3 (b) TABLE OF SECTIONS AMENDMENT.—The table of

4 sections at the beginning of chapter 203 of title 18, United

5 States Code, is amended by adding at the end the fol6 lowing new item:

‘‘3064. Powers of special agents in the Department of State and the Foreign

Service.’’.

7 SEC. 202. INTERNATIONAL LITIGATION FUND.

8 Section 38(d)(3) of the State Department Basic Au9 thorities Act of 1956 (22 U.S.C. 2710(d)(3)) is

10 amended—

11 (1) by inserting ‘‘as a result of a decision of an

12 international tribunal,’’ after ‘‘received by the De13 partment of State’’; and

14 (2) by inserting a comma after ‘‘United States

15 Government’’.

16 SEC. 203. RETENTION OF MEDICAL REIMBURSEMENTS.

17 Section 904 of the Foreign Service Act of 1980 (22

18 U.S.C. 4084) is amended by adding at the end the fol19 lowing new subsection:

20 ‘‘(g) Reimbursements paid to the Department of

21 State for funding the costs of medical care abroad for em22 ployees and eligible family members shall be credited to

23 the currently available applicable appropriation account.

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1 bursements shall be available for obligation and expendi2 ture during the fiscal year in which they are received or

3 for such longer period of time as may be provided in law.’’.

4 SEC. 204. BUYING POWER MAINTENANCE ACCOUNT.

5 Section 24(b)(7) of the State Department Basic Au6 thorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended

7 by striking subparagraph (D).

8 SEC. 205. AUTHORITY TO ADMINISTRATIVELY AMEND SUR9 CHARGES.

10 Beginning in fiscal year 2006 and thereafter, the Sec11 retary of State is authorized to amend administratively the

12 amounts of the surcharges related to consular services in

13 support of enhanced border security (provided for in title

14 IV of division B of the Consolidated Appropriations Act,

15 2005 (Public Law 108–447)) that are in addition to the

16 passport and immigrant visa fees in effect on January 1,

17 2004.

18 SEC. 206. ACCOUNTABILITY REVIEW BOARDS.

19 Section 301(a) of the Diplomatic Security Act (22

20 U.S.C. 4831(a)) is amended—

21 (1) in paragraph (1), by striking ‘‘paragraph

22 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and

23 (2) by adding at the end the following new

24 paragraph:

25 ‘‘(3) FACILITIES IN AFGHANISTAN AND IRAQ.—


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H.L.C.

1 ‘‘(A) LIMITED EXEMPTIONS FROM RE2 QUIREMENT TO CONVENE BOARD.—The Sec3 retary of State is not required to convene a

4 Board in the case of an incident that—

5 ‘‘(i) involves serious injury, loss of

6 life, or significant destruction of property

7 at, or related to, a United States Govern8 ment mission in Afghanistan or Iraq; and

9 ‘‘(ii) occurs during the period begin10 ning on July 1, 2004 and ending on Sep11 tember 30, 2009.

12 ‘‘(B) REPORTING REQUIREMENTS.—In the

13 case of an incident described in subparagraph

14 (A), the Secretary shall—

15 ‘‘(i) promptly notify the Committee on

16 International Relations of the House of

17 Representatives and the Committee on

18 Foreign Relations of the Senate of the in19 cident;

20 ‘‘(ii) conduct an inquiry of the inci21 dent; and

22 ‘‘(iii) upon completion of the inquiry

23 required by clause (ii), submit to each such

24 Committee a report on the findings and

25 recommendations related to such inquiry


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1 and the actions taken with respect to such

2 recommendations.’’.

3 SEC. 207. DESIGNATION OF COLIN L. POWELL RESIDENTIAL

4 PLAZA.

5 (a) The Federal building in Kingston, Jamaica, for6 merly known as the Crowne Plaza and currently a staff

7 housing facility for the Embassy of the United States in

8 Jamaica, shall be known and designated as the ‘‘Colin L.

9 Powell Residential Plaza’’.

10 (b) Any reference in a law, map, regulation, docu11 ment, paper, or other record of the United States to the

12 Federal building referred to in subsection (a) shall be

13 deemed to be a reference to the ‘‘Colin L. Powell Residen14 tial Plaza’’.

15 SEC. 208. REMOVAL OF CONTRACTING PROHIBITION.

16 Section 406(c) of the Omnibus Diplomatic Security

17 and Antiterrorism Act of 1986 (Public Law 99–399) (re18 lating to the ineligibility of persons doing business with

19 Libya to be awarded a contract) is repealed.

20 SEC. 209. TRANSLATION OF REPORTS OF THE DEPART21 MENT OF STATE.

22 (a) TRANSLATION.—Not later than 30 days after the

23 date of issuance of each of the reports listed in subsection

24 (c), the appropriate United States mission in a foreign

25 country shall translate into the official languages of such


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1 country the respective country report from each of such

2 reports.

3 (b) POSTING ON WEBSITE.—Not later than five days

4 after each of the translations required under subsection

5 (a) are completed, the appropriate United States mission

6 shall post each of such translations on the website of the

7 United States Embassy (or other appropriate United

8 States mission) for such country.

9 (c) REPORTS.—The reports referred to in subsection

10 (a) are the following:

11 (1) The Country Reports on Human Rights

12 Practices, including the Trafficking in Persons Re13 port, required under sections 116 and 502B of the

14 Foreign Assistance Act of 1961 (22 U.S.C. 2151n

15 and 2304).

16 (2) The Annual Report on International Reli17 gious Freedom, required under section 102b of the

18 International Religious Freedom Act of 1998 (22

19 U.S.C. 6412).

20 SEC. 210. ENTRIES WITHIN PASSPORTS.

21 (a) FINDINGS.—Congress finds the following:

22 (1) The power of the executive branch to issue

23 passports or other travel documents to United

24 States citizens is derived solely from law.


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1 (2) The Secretary of State has caused entries

2 to be made in passports of United States citizens

3 who were born in Jerusalem, Israel, that are incon4 sistent with the usual practice of entering the name

5 of a country and not a city as a place of birth.

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that United States citizens who have passports

8 ought not be required to carry passports which inac9 curately or inconsistently represent their personal details.

10 (c) AUTHORITY.—This section is passed in exercise

11 of the power of Congress, pursuant to Article 1, Section

12 8 of the Constitution of the United States ‘‘To make all

13 Laws which shall be necessary and proper for carrying

14 into Execution the foregoing Powers, and all other Powers

15 vested by the Constitution in the Government of the

16 United States, or in any Department or Officer thereof.’’.

17 (d) REQUIREMENT THAT ACCURATE ENTRIES BE

18 MADE ON REQUEST OF CITIZEN.—The first section of

19 ‘‘An Act to regulate the issue and validity of passports,

20 and for other purposes’’, approved July 3, 1926, (22

21 U.S.C. 211a; 44 Stat. 887), is amended by inserting after

22 the first sentence the following new sentence: ‘‘For pur23 poses of the issuance of a passport to a United States cit24 izen born in the city of Jerusalem, the Secretary shall,


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1 upon the request of the citizen or the citizen’s legal guard2 ian, record the place of birth as Israel.’’.

3 SEC. 211. UNITED STATES ACTIONS WITH RESPECT TO JE4 RUSALEM AS THE CAPITAL OF ISRAEL.

5 (a) LIMITATION ON USE OF FUNDS FOR CONSULATE

6 IN JERUSALEM.—None of the funds authorized to be ap7 propriated by this Act may be expended for the operation

8 of a United States consulate or diplomatic facility in Jeru9 salem unless such consulate or diplomatic facility is under

10 the supervision of the United States Ambassador to Israel.

11 (b) LIMITATION ON USE OF FUNDS FOR PUBLICA12 TIONS.—None of the funds authorized to be appropriated

13 by this Act may be available for the publication of any

14 official United States Government document that lists

15 countries and their capital cities unless such publication

16 identifies Jerusalem as the capital of the State of Israel.

17 SEC. 212. AVAILABILITY OF UNCLASSIFIED TELECOMMUNI18 CATIONS FACILITIES.

19 The Secretary of State shall make available to the

20 appropriate congressional committees the use of unclassi21 fied telecommunications facilities of the Department of

22 State that are located in an embassy, consulate, or other

23 facility of the United States in a foreign country to allow

24 such committees to receive testimony or other communica25 tion from an individual in any such country.


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1 SEC. 213. REPORTING FORMATS.

2 (a) IN GENERAL.—The Secretary of State shall, with

3 respect to a report that the Secretary is required to submit

4 to the appropriate congressional committees, submit each

5 such report [on suitable media] in machine-readable for6 mat, including in plain text and in hypertext mark-up lan7 guage (commonly referred to as ‘‘HTML’’), in addition to

8 submission in written format.

9 (b) EFFECTIVE DATE.—The requirement specified

10 under subsection (a) shall apply beginning with the first

11 report that the Secretary is required to submit to the ap12 propriate congressional committees beginning [X time]

13 after the date of the enactment of this Act.

14 SEC. 214. RESTRICTIONS ON UNITED STATES VOLUNTARY

15 CONTRIBUTIONS TO THE UNITED NATIONS

16 DEVELOPMENT PROGRAM.

17 (a) LIMITATION.—Of the amounts made available for

18 each of fiscal years 2006 and 2007 for United States vol19 untary contributions to the United Nations Development

20 Program, an amount equal to the amount the United Na21 tions Development Program will spend in Burma during

22 each fiscal year (including all funds administered by the

23 United Nations Development Program in Burma) shall be

24 withheld unless during such fiscal year the Secretary of

25 State submits to the appropriate congressional committees

26 the certification described in paragraph (2).


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1 (b) CERTIFICATION.—The certification referred to in

2 paragraph (1) is a certification by the Secretary that all

3 programs and activities of the United Nations Develop4 ment Program (including all programs and activities ad5 ministered by the United Nations Development Program)

6 in Burma—

7 (1) are focused on eliminating human suffering

8 and addressing the needs of the poor;

9 (2) are undertaken only through international

10 or private voluntary organizations that are inde11 pendent of the State Peace and Development Coun12 cil (SPDC) (formerly the State Law and Order Res13 toration Council or SLORC);

14 (3) provide no financial, political, or military

15 benefit, including the provision of goods, services, or

16 per diems, to the SPDC or any agency or entity of,

17 or affiliated with, the SPDC, including any entity

18 whose members are ineligible for admission to the

19 United States by reason of such membership under

20 any provision of section 212(a) of the Immigration

21 and Nationality Act (8 U.S.C. 1182(a)) (including

22 the Myanmar Maternal and Child Welfare Associa23 tion (MMCWA), the Myanmar Council of Churches

24 (MCC), the Myanmar Medical Association (MMA),

25 the Myanmar Women Affairs Federation (MWAF),


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1 and the Union of Solidarity Development Association

2 (USDA)); and

3 (4) are carried out only after consultation with

4 the leadership of the National League for Democ5 racy and the leadership of the National Coalition

6 Government of the Union of Burma.

7 (5) REPORT.—Not later than 180 days after

8 the date of the enactment of this Act and every 180

9 days thereafter during fiscal years 2006 and 2007,

10 the Secretary shall submit to the appropriate con11 gressional committees a report on—

12 (A) all programs and activities of the

13 United Nations Development Program (includ14 ing all programs and activities administered by

15 the United Nations Development Program) in

16 Burma; and

17 (B) all recipients and subrecipients of

18 funds provided under such programs and activi19 ties.

20 SEC. 215. EXTENSION OF REQUIREMENT FOR SCHOLAR21 SHIPS FOR TIBETANS AND BURMESE.

22 Section 103(b)(1) of the Human Rights, Refugee,

23 and Other Foreign Relations Provisions Act of 1996 (Pub24 lic Law 104–319; 22 U.S.C. 2151 note) is amended by


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1 striking ‘‘for the fiscal year 2003’’ and inserting ‘‘for each

2 of the fiscal years 2006 and 2007’’.

3 TITLE III—ORGANIZATION AND

4 PERSONNEL OF THE DEPART5 MENT OF STATE

6 SEC. 301. EDUCATION ALLOWANCES.

7 Section 5924(4) of title 5, United States Code, is

8 amended—

9 (1) in the first sentence of subparagraph (A),

10 by inserting ‘‘United States’’ after ‘‘nearest’’;

11 (2) by striking subparagraph (B) and inserting

12 the following new subparagraph:

13 ‘‘(B) The travel expenses of dependents of

14 an employee to and from a secondary or post15 secondary educational institution, not to exceed

16 one annual trip each way for each dependent,

17 except that an allowance payment under sub18 paragraph (A) may not be made for a depend19 ent during the 12 months following the arrival

20 of the dependent at the selected educational in21 stitution under authority contained in this sub22 paragraph.’’; and

23 (3) by adding at the end the following new sub24 paragraph:


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1 ‘‘(D) Allowances provided pursuant to sub2 paragraphs (A) and (B) may include, at the

3 election of the employee, payment or reimburse4 ment of the costs incurred to store baggage for

5 the employee’s dependent at or in the vicinity of

6 the dependent’s school during the dependent’s

7 annual trip between the school and the employ8 ee’s duty station, except that such payment or

9 reimbursement may not exceed the cost that the

10 Government would incur to transport the bag11 gage with the dependent in connection with the

12 annual trip, and such payment or reimburse13 ment shall be in lieu of transportation of the

14 baggage.’’.

15 SEC. 302. OFFICIAL RESIDENCE EXPENSES.

16 Section 5913 of Title 5, United States Code, is

17 amended by adding at the end the following new sub18 section:

19 ‘‘(c) Funds made available under subsection (b) may

20 be provided in advance to persons eligible to receive reim21 bursements.’’.


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1 SEC. 303. INCREASED LIMITS APPLICABLE TO POST DIF2 FERENTIALS AND DANGER PAY ALLOW3 ANCES.

4 (a) REPEAL OF LIMITED-SCOPE EFFECTIVE DATE

5 FOR PREVIOUS INCREASE.—Subsection (c) of section 591

6 of the Foreign Operations, Export Financing, and Related

7 Programs Appropriations Act, 2004 (division D of Public

8 Law 108–199) is repealed.

9 (b) POST DIFFERENTIALS.—Section 5925(a) of title

10 5, United States Code, is amended in the third sentence

11 by striking ‘‘25 percent of the rate of basic pay or, in the

12 case of an employee of the United States Agency for Inter13 national Development,’’.

14 (c) DANGER PAY ALLOWANCES.—Section 5928 of

15 title 5, United States Code, is amended by striking ‘‘25

16 percent of the basic pay of the employee or 35 percent

17 of the basic pay of the employee in the case of an employee

18 of the United States Agency for International Develop19 ment’’ both places that it appears and inserting ‘‘35 per20 cent of the basic pay of the employee’’.

21 (d) CRITERIA.—The Secretary of State shall inform

22 the Committee on International Relations of the House

23 of Representatives and the Committee on Foreign Rela24 tions of the Senate of the criteria to be used in determina25 tions of appropriate adjustments in post differentials

26 under section 5925(a) of title 5, United States Code, as


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1 amended by subsection (b), and danger pay allowances

2 under section 5928 of title 5, United States Code, as

3 amended by subsection (c).

4 (e) STUDY AND REPORT.—Not later than two years

5 after the date of the enactment of this Act, the Secretary

6 of State shall conduct a study assessing the effect of the

7 increases in post differentials and danger pay allowances

8 made by the amendments in subsections (b) and (c), re9 spectively, in filling ‘‘hard-to-fill’’ positions and shall sub10 mit a report of such study to the congressional committees

11 described in subsection (d).

12 SEC. 304. HOME LEAVE.

13 Chapter 9 of title I of the Foreign Service Act of

14 1980 (relating to travel, leave, and other benefits) is

15 amended—

16 (1) in section 901(6) (22 U.S.C. 4081(6)), by

17 striking ‘‘unbroken by home leave’’ both places that

18 it appears; and

19 (2) in section 903(a) (22 U.S.C. 4083), by

20 striking ‘‘18 months’’ and inserting ‘‘12 months’’.

21 SEC. 305. OVERSEAS EQUALIZATION AND COMPARABILITY

22 PAY ADJUSTMENT.

23 (a) IN GENERAL.—Chapter 4 of the Foreign Service

24 Act of 1980 (22 U.S.C. 3961 et seq.) (relating to comVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00306 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 pensation) is amended by adding at the end the following

2 new section:

3 ‘‘SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

4 ‘‘(a) IN GENERAL.—In accordance with subsection

5 (c), a member of the Service who is designated class 1

6 or below and who does not have as an official duty station

7 a location in the continental United States or in a non8 foreign area shall receive locality-based comparability pay9 ments under section 5304 of title 5, United States Code,

10 that would be paid to such member if such member’s offi11 cial duty station would have been Washington, D.C.

12 ‘‘(b) TREATMENT AS BASIC PAY.—The locality-based

13 comparability payment described in subsection (a) shall—

14 ‘‘(1) be considered to be part of the basic pay

15 of a member in accordance with section 5304 of title

16 5, United States Code, for the same purposes for

17 which comparability payments are considered to be

18 part of basic pay under such section; and

19 ‘‘(2) be subject to any applicable pay limita20 tions.

21 ‘‘(c) PHASE-IN.—The comparability pay adjustment

22 described under this section shall be paid to a member

23 described in subsection (a) in three phases, as follows:


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1 ‘‘(1) In fiscal year 2006, 33.33 percent of the

2 amount of such adjustment to which such member

3 is entitled.

4 ‘‘(2) In fiscal year 2007, 66.66 percent of the

5 amount of such adjustment to which such member

6 is entitled.

7 ‘‘(3) In fiscal year 2008 and subsequent fiscal

8 years, 100.00 percent of the amount of such adjust9 ment to which such member is entitled.’’.

10 (b) CONFORMING AMENDMENTS RELATING TO THE

11 RETIREMENT AND DISABILITY SYSTEM OF THE FOREIGN

12 SERVICE.—

13 (1) CONTRIBUTIONS TO THE FUND.—Section

14 805(a) of the Foreign Service Act of 1980 (22

15 U.S.C. 4045(a)) is amended—

16 (A) in paragraph (1)—

17 (i) in the first sentence, by striking

18 ‘‘7.25 percent’’ and inserting ‘‘7.00 per19 cent’’; and

20 (ii) in the second sentence, by striking

21 ‘‘The contribution by the employing agen22 cy’’ through ‘‘and shall be made’’ and in23 serting ‘‘An equal amount shall be contrib24 uted by the employing agency’’;

25 (B) in paragraph (2)—


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1 (i) in subparagraph (A), by striking

2 ‘‘plus an amount equal to .25 percent of

3 basic pay’’; and

4 (ii) in subparagraph (B), in the first

5 sentence, by striking ‘‘plus an amount

6 equal to .25 percent of basic pay’’; and

7 (C) in paragraph (3), by striking ‘‘plus .25

8 percent’’.

9 (2) COMPUTATION OF ANNUITIES.—Section

10 806(a)(9) of such Act (22 U.S.C. 4046(a)(9)) is

11 amended—

12 (A) by striking ‘‘is outside’’ and inserting

13 ‘‘was outside’’; and

14 (B) by inserting after ‘‘continental United

15 States’’ the following: ‘‘for any period of time

16 from December 29, 2002, to the first day of the

17 first full pay period beginning after the date of

18 applicability of the overseas comparability pay

19 adjustment under section 415’’;

20 (3) ENTITLEMENT TO ANNUITY.—Section

21 855(a)(3) of such Act (22 U.S.C. 4071d(a)(3)) is

22 amended—

23 (A) by striking ‘‘is outside’’ and inserting

24 ‘‘was outside’’; and


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1 (B) by inserting after ‘‘continental United

2 States’’ the following: ‘‘for any period of time

3 from December 29, 2002, to the first day of the

4 first full pay period beginning after the date of

5 applicability of the overseas comparability pay

6 adjustment under section 415’’.

7 (4) DEDUCTIONS AND WITHHOLDINGS FROM

8 PAY.—Section 856(a)(2) of such Act (22 U.S.C.

9 4071e(a)(2)) is amended to read as follows:

10 ‘‘(2) The applicable percentage under this sub11 section shall be as follows:

Percentage Time Period

7.5 .................................................................................................. Before January 1, 1999.

7.75 ................................................................................................ January 1, 1999, to December 31, 1999.

7.9 .................................................................................................. January 1, 2000, to December 31, 2000.

7.55 ................................................................................................ January 11, 2003, to September 30, 2004.

7.5 .................................................................................................. After September 30, 2004.’’.

12 (c) EFFECTIVE DATE.—The amendments made by

13 this section shall take effect on the date of the enactment

14 of this Act and apply beginning on the first day of the

15 first full pay period beginning after such date.

16 SEC. 306. FELLOWSHIP OF HOPE PROGRAM.

17 (a) FELLOWSHIP AUTHORIZED.—Chapter 5 of title

18 I of the Foreign Service Act of 1980 (22 U.S.C. 3981

19 et seq.) is amended by adding at the end the following

20 new section:


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H.L.C.

1 ‘‘SEC. 506. FELLOWSHIP OF HOPE.

2 ‘‘(a) The Secretary is authorized to establish a pro3 gram to be known as the ‘Fellowship of Hope Program’.

4 Under the Program, the Secretary may assign a member

5 of the Service, for not more than one year, to a position

6 with any designated country or designated entity that per7 mits an employee of such country or entity to be assigned

8 to a position with the Department.

9 ‘‘(b) The salary and benefits of a member of the Serv10 ice shall be paid as described in subsection (b) of section

11 503 during a period in which such member is participating

12 in the Fellowship of Hope Program. The salary and bene13 fits of an employee of a designated country or designated

14 entity participating in the Program shall be paid by such

15 country or entity during the period in which such employee

16 is participating in the Program.

17 ‘‘(c) In this section:

18 ‘‘(1) The term ‘designated country’ means a

19 member country of—

20 ‘‘(A) the North Atlantic Treaty Organiza21 tion; or

22 ‘‘(B) the European Union.

23 ‘‘(2) The term ‘designated entity’ means—

24 ‘‘(A) the North Atlantic Treaty Organiza25 tion; or

26 ‘‘(B) the European Union.


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1 ‘‘(d) Nothing in this section shall be construed to—

2 ‘‘(1) authorize the appointment as an officer or

3 employee of the United States of—

4 ‘‘(A) an individual whose allegiance is to

5 any country, government, or foreign or inter6 national entity other than to the United States;

7 or

8 ‘‘(B) an individual who has not met the re9 quirements of sections 3331, 3332, 3333, and

10 7311 of title 5, United States Code, and any

11 other provision of law concerning eligibility for

12 appointment as, and continuation of employ13 ment as, an officer or employee of the United

14 States; or

15 ‘‘(2) authorize the Secretary to assign a mem16 ber of the Service to a position with any foreign

17 country whose law, or to any foreign or international

18 entity whose rules, require such member to give alle19 giance or loyalty to such country or entity while as20 signed to such position.’’.

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

22 Such Act is amended—

23 (1) in section 503 (22 U.S.C. 3983)—


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1 (A) in the section heading, by striking

2 ‘‘AND’’ and inserting ‘‘FOREIGN GOVERN3 MENTS, OR’’; and

4 (B) in subsection (a)—

5 (i) in the matter preceding paragraph

6 (1), by inserting ‘‘foreign government,’’

7 after ‘‘organization,’’; and

8 (ii) in paragraph (1), by inserting ‘‘,

9 or with a foreign government under section

10 506’’ before the semicolon; and

11 (2) in section 2, in the table of contents—

12 (A) by striking the item relating to section

13 503 and inserting the following new item:

‘‘503. Assignments to agencies, international organizations, foreign governments, or other bodies.’’;

14 and

15 (B) by inserting after the item relating to

16 section 505 the following new item:

‘‘506. Fellowship of Hope Program.’’.

17 SEC. 307. REGULATIONS REGARDING RETIREMENT CREDIT

18 FOR GOVERNMENT SERVICE PERFORMED

19 ABROAD.

20 Section 321(f) of the Foreign Relations Authorization

21 Act, Fiscal Year 2003 (5 U.S.C. 8411 note; Public Law

22 107–228) is amended by inserting ‘‘, not later than 60

23 days after the date of the enactment of the Foreign RelaVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00313 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 tions Authorization Act, Fiscal Years 2006 and 2007,’’

2 after ‘‘regulations’’.

3 SEC. 308. PROMOTING ASSIGNMENTS TO INTERNATIONAL

4 ORGANIZATIONS.

5 (a) PROMOTIONS.—Section 603(b) of the Foreign

6 Service Act of 1980 (22 U.S.C. 4003) is amended by strik7 ing the period at the end and inserting the following: ‘‘,

8 and shall consider whether the member of the Service has

9 served in a position whose primary responsibility is to for10 mulate policy toward or represent the United States at

11 an international organization, a multilateral institution, or

12 a broad-based multilateral negotiation of an international

13 instrument.’’.

14 (b) EFFECTIVE DATE.—The amendment made by

15 subsection (a) shall take effect and apply beginning on

16 January 1, 2010.

17 SEC. 309. SUSPENSION OF FOREIGN SERVICE MEMBERS

18 WITHOUT PAY.

19 (a) SUSPENSION.—Section 610 of the Foreign Serv20 ice Act of 1980 (22 U.S.C. 4010) is amended by adding

21 at the end the following new subsection:

22 ‘‘(c)(1) The Secretary may suspend a member of the

23 Service without pay when there is reasonable cause to be24 lieve that the member has committed a crime for which

25 a sentence of imprisonment may be imposed and there is


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H.L.C.

1 a connection between the conduct and the efficiency of the

2 Foreign Service.

3 ‘‘(2) Any member of the Service for whom a suspen4 sion is proposed shall be entitled to—

5 ‘‘(A) written notice stating the specific reasons

6 for the proposed suspension;

7 ‘‘(B) a reasonable time to respond orally and in

8 writing to the proposed suspension;

9 ‘‘(C) representation by an attorney or other

10 representative; and

11 ‘‘(D) a final written decision, including the spe12 cific reasons for such decision, as soon as prac13 ticable.

14 ‘‘(3) Any member suspended under this section may

15 file a grievance in accordance with the procedures applica16 ble to grievances under chapter 11 of this title.

17 ‘‘(4) In this subsection:

18 ‘‘(A) The term ‘reasonable time’ means—

19 ‘‘(i) with respect to a member of the Serv20 ice assigned to duty in the United States, 15

21 days after receiving notice of the proposed sus22 pension; and

23 ‘‘(ii) with respect to a member of the Serv24 ice assigned to duty outside the United States,


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H.L.C.

1 30 days after receiving notice of the proposed

2 suspension.

3 ‘‘(B) The terms ‘suspend’ and ‘suspension’

4 mean the placing of a member of the Service in a

5 temporary status without duties and pay.’’.

6 (b) CONFORMING AND CLERICAL AMENDMENTS.—

7 (1) AMENDMENT OF SECTION HEADING.—Such

8 section, as amended by subsection (a), is further

9 amended in the section heading by inserting ‘‘; SUS10 PENSION’’ before the period at the end.

11 (2) CLERICAL AMENDMENT.—Section 2 of such

12 Act is amended, in the table of contents, by striking

13 the item relating to section 610 and inserting the

14 following new item:

‘‘610. Separation for cause; suspension.’’.

15 SEC. 310. DEATH GRATUITY.

16 Section 413(a) of the Foreign Service Act of 1980

17 (22 U.S.C. 3973(a)) is amended in the first sentence by

18 inserting before the period at the end the following: ‘‘or

19 $100,000, whichever is greater’’.

20 SEC. 311. CLARIFICATION OF FOREIGN SERVICE GRIEV21 ANCE BOARD PROCEDURES.

22 Section 1106(8) of the Foreign Service Act of 1980

23 (22 U.S.C. 4136(8)) is amended in the first sentence—

24 (1) by inserting ‘‘the involuntary separation of

25 the grievant (other than an involuntary separation


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H.L.C.

1 for cause under section 610(a)),’’ after ‘‘consid2 ering’’; and

3 (2) by striking ‘‘the grievant or’’ and inserting

4 ‘‘the grievant, or’’.

5 SEC. 312. REPEAL OF RECERTIFICATION REQUIREMENT

6 FOR MEMBERS OF THE SENIOR FOREIGN

7 SERVICE.

8 Section 305(d) of the Foreign Service Act of 1980

9 (22 U.S.C. 3945(d)) is hereby repealed.

10 SEC. 313. TECHNICAL AMENDMENTS TO TITLE 5 PROVI11 SIONS ON RECRUITMENT, RELOCATION, AND

12 RETENTION BONUSES.

13 Title 5, United States Code, is amended—

14 (1) in section 5753(a)(2)(A), by inserting be15 fore the semicolon at the end the following: ‘‘, but

16 does not include members of the Foreign Service

17 other than chiefs of mission and ambassadors-at18 large’’; and

19 (2) in section 5754(a)(2)(A), by inserting be20 fore the semicolon at the end the following: ‘‘, but

21 does not include members of the Foreign Service

22 other than chiefs of mission and ambassadors-at23 large’’.


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H.L.C.

1 SEC. 314. LIMITED APPOINTMENTS IN THE FOREIGN SERV2 ICE.

3 Section 309 of the Foreign Service Act of 1980 (22

4 U.S.C. 3949) is amended—

5 (1) in subsection (a), by striking ‘‘subsection

6 (b)’’ and inserting ‘‘subsections (b) or (c)’’;

7 (2) in subsection (b)—

8 (A) by amending paragraph (3) to read as

9 follows:

10 ‘‘(3) as a career candidate, if—

11 ‘‘(A) continued service is determined appro12 priate to remedy a matter that would be cognizable

13 as a grievance under chapter 11; or

14 ‘‘(B) the career candidate is called to military

15 active duty pursuant to the Uniformed Services Em16 ployment and Reemployment Rights Act of 1994

17 (Public Law 103–353; codified in chapter 43 of title

18 38, United States Code) and the limited appoint19 ment expires in the course of such military active

20 duty:’’;

21 (B) in paragraph (4), by striking ‘‘and’’ at

22 the end;

23 (C) in paragraph (5) by striking the period

24 at the end and inserting ‘‘; and’’ ; and

25 (D) by adding at the end the following new

26 paragraph:


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H.L.C.

1 ‘‘(6) in exceptional circumstances where the Sec2 retary determines the needs of the Service require the ex3 tension of a limited appointment—

4 ‘‘(A) for a period of time not to exceed 12

5 months, provided such period of time does not per6 mit additional review by the boards under section

7 306; or

8 ‘‘(B) for the minimum time needed to settle a

9 grievance, claim, or complaint not otherwise pro10 vided for in this section.’’; and

11 (3) by adding at the end the following new sub12 section:

13 ‘‘(c) Noncareer specialist employees who have served

14 five consecutive years under a limited appointment may

15 be reappointed to a subsequent limited appointment pro16 vided there is at least a one year break in service before

17 such new appointment. This requirement may be waived

18 by the Director General in cases of special need.’’.

19 SEC. 315. STATEMENT OF CONGRESS.

20 Congress declares that the recent changes proposed

21 by the Department of State to the career development pro22 gram for members of the Senior Foreign Service will help

23 promote well-rounded and effective members of the Senior

24 Foreign Service, and should be implemented as planned

25 in the coming years. Congress fully supports the proposed


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H.L.C.

1 changes that require that in order to be eligible for pro2 motion into the Senior Foreign Service, a member of the

3 Foreign Service must demonstrate over the course of the

4 career of such member the following:

5 (1) Operational effectiveness, including a

6 breadth of experience in several regions and over

7 several functions.

8 (2) Leadership and management effectiveness.

9 (3) Sustained professional language proficiency.

10 (4) Responsiveness to Service needs.

11 SEC. 316. SENSE OF CONGRESS REGARDING ADDITIONAL

12 UNITED STATES CONSULAR POSTS.

13 It is the sense of Congress that to help advance

14 United States economic, political, and public diplomacy in15 terests, the Secretary of State should make best efforts

16 to establish United States consulates or other appropriate

17 United States diplomatic presence in Pusan, South Korea,

18 Hat Yai, Thailand, and an additional location in India in

19 an under-served region.

20 SEC. 317. OFFICE OF THE CULTURE OF LAWFULNESS.

21 (a) ESTABLISHMENT.—There is established in the

22 Bureau for International Law Enforcement and Narcotics

23 of the Department of State an Office of the Culture of

24 Lawfulness.


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H.L.C.

1 (b) DIRECTOR AND STAFF.—The Office shall be

2 headed by a Director and staffed by not less than two pro3 fessional staff.

4 (c) DUTIES.—The Director of the Office shall coordi5 nate and increase the effectiveness of existing culture of

6 lawfulness programs in the Department that can directly

7 support foreign efforts to develop a culture of lawfulness,

8 including—

9 (1) seeking coordination between various pro10 grams and activities to support international nar11 cotics and other law enforcement, public diplomacy,

12 foreign assistance, and democracy efforts by the per13 sonnel of the Department in Washington, D.C., and

14 in United States embassies in foreign countries;

15 (2) developing new initiatives to foster a culture

16 of lawfulness through international organizations;

17 (3) ensuring that culture of lawfulness edu18 cation is included in the curricula of all law enforce19 ment and public security academies and training

20 programs that receive assistance from the United

21 States, and in democracy, civic education, and rule

22 of law assistance programs conducted with foreign

23 governments and nongovernmental organizations.

24 (d) REPORT.—Section 489(a) of the Foreign Assist25 ance Act of 1961 (22 U.S.C. 2291h(a)) is amended by


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H.L.C.

1 inserting after paragraph (7)(C)(viii) the following new

2 paragraph:

3 ‘‘(8) In addition, the efforts of the United

4 States to foster the culture of lawfulness in

5 countries around the world.’’.

6 TITLE IV—INTERNATIONAL

7 ORGANIZATIONS

8 SEC. 401. REDI CENTER.

9 The Secretary of State is authorized to provide for

10 the participation by the United States in the Regional

11 Emerging Disease Intervention (‘‘REDI’’) Center in

12 Singapore.

13 SEC. 402. EXTENSION OF AUTHORIZATION OF APPROPRIA14 TION FOR THE UNITED STATES COMMISSION

15 ON INTERNATIONAL RELIGIOUS FREEDOM.

16 (a) IN GENERAL.—Subsection (a) of section 207 of

17 the International Religious Freedom Act of 1998 (22

18 U.S.C. 6435) is amended by striking ‘‘$3,000,000 for the

19 fiscal year 2003’’ and inserting ‘‘$3,300,000 for each of

20 fiscal years 2006 through 2011’’.

21 (b) TECHNICAL AMENDMENT.—Subsection (b) of

22 such section is amended by striking ‘‘subparagraph’’ and

23 inserting ‘‘subsection’’.


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H.L.C.

1 SEC. 403. PROPERTY DISPOSITION.

2 Section 633(e) of the Departments of Commerce,

3 Justice, and State, the Judiciary, and Related Agencies

4 Appropriations Act, 2004 (division B of Public Law 108–

5 199; 22 U.S.C. 2078(e)) is amended—

6 (1) by striking ‘‘The United States, through the

7 Department of State, shall retain ownership of the

8 Palazzo Corpi building in Istanbul, Turkey, and the’’

9 and inserting ‘‘The’’; and

10 (2) by striking ‘‘at such location’’ and inserting

11 ‘‘at an appropriate location’’.

12 TITLE V—CHANGES IN ADMINIS13 TRATIVE AUTHORITIES FOR

14 INTERNATIONAL BROAD15 CASTING

16 SEC. 501. SHORT TITLE.

17 This title may be cited as the ‘‘International Broad18 casting Authorization Act, Fiscal Years 2006 and 2007’’.

19 SEC. 502. MIDDLE EAST BROADCASTING NETWORKS.

20 (a) MIDDLE EAST BROADCASTING NETWORKS.—The

21 United States International Broadcasting Act of 1994 (22

22 U.S.C. 6201 et seq.) is amended by inserting after section

23 309 (22 U.S.C. 6208) the following new section:

24 ‘‘SEC. 309A. MIDDLE EAST BROADCASTING NETWORKS.

25 ‘‘(a) AUTHORITY.—Grants authorized under section

26 305 shall be available to make annual grants to the Middle


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H.L.C.

1 East Broadcasting Networks for the purpose of carrying

2 out radio and television broadcasting to the Middle East

3 region.

4 ‘‘(b) FUNCTION.—Middle East Broadcasting Net5 works shall provide radio and television programming con6 sistent with the broadcasting standards and broadcasting

7 principles set forth in section 303.

8 ‘‘(c) GRANT AGREEMENT.—Any grant agreement or

9 grants under this section shall be subject to the following

10 limitations and restrictions:

11 ‘‘(1) The Board may not make any grant to the

12 non-profit corporation, Middle East Broadcasting

13 Networks, unless its certificate of incorporation pro14 vides that—

15 ‘‘(A) The Board of Directors of Middle

16 East Broadcasting Networks shall consist of the

17 members of the Broadcasting Board of Gov18 ernors established under section 304 and of no

19 other members.

20 ‘‘(B) Such Board of Directors shall make

21 all major policy determinations governing the

22 operation of Middle East Broadcasting Net23 works, and shall appoint and fix the compensa24 tion of such managerial officers and employees

25 of Middle East Broadcasting Networks as it


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H.L.C.

1 considers necessary to carry out the purposes of

2 the grant provided under this title, except that

3 no officer or employee may be paid basic com4 pensation at a rate in excess of the rate for

5 level II of the Executive Schedule as provided

6 under section 5313 of title 5, United States

7 Code.

8 ‘‘(2) Any grant agreement under this section

9 shall require that any contract entered into by Mid10 dle East Broadcasting Networks shall specify that

11 all obligations are assumed by Middle East Broad12 casting Networks and not by the United States Gov13 ernment.

14 ‘‘(3) Any grant agreement shall require that

15 any lease agreement entered into by Middle East

16 Broadcasting Networks shall be, to the maximum

17 extent possible, assignable to the United States Gov18 ernment.

19 ‘‘(4) Grants awarded under this section shall be

20 made pursuant to a grant agreement which requires

21 that grant funds be used only for activities con22 sistent with this section, and that failure to comply

23 with such requirements shall permit the grant to be

24 terminated without fiscal obligation to the United

25 States.


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H.L.C.

1 ‘‘(5) Duplication of language services and tech2 nical operations between the Middle East Broad3 casting Networks (including Radio Sawa), RFE/RL,

4 and the International Broadcasting Bureau will be

5 reduced to the extent appropriate, as determined by

6 the Board.

7 ‘‘(d) NOT A FEDERAL AGENCY OR INSTRUMEN8 TALITY.—Nothing in this title may be construed to

9 make—

10 ‘‘(1) the Middle East Broadcasting Networks a

11 Federal agency or instrumentality; or

12 ‘‘(2) the officers or employees of the Middle

13 East Broadcasting Networks officers or employees of

14 the United States Government.’’.

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

16 Such Act is further amended—

17 (1) in section 304(g) (22 U.S.C. 6203(g)), by

18 inserting ‘‘, the Middle East Broadcasting Net19 works,’’ after ‘‘Incorporated’’;

20 (2) in section 305 (22 U.S.C. 6204)—

21 (A) in subsection (a)—

22 (i) in paragraph (5), by striking ‘‘308

23 and 309’’ and inserting ‘‘308, 309, and

24 309A’’; and


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H.L.C.

1 (ii) in paragraph (6), by striking ‘‘308

2 and 309’’ and inserting ‘‘308, 309, and

3 309A’’; and

4 (B) in subsection (c), by striking ‘‘308 and

5 309’’ and inserting ‘‘308, 309, and 309A’’; and

6 (3) in section 307 (22 U.S.C. 6206)—

7 (A) in subsection (a), by striking ‘‘308 and

8 309’’ and inserting ‘‘308, 309, and 309A’’; and

9 (B) in subsection (c), in the second sen10 tence, by inserting ‘‘, the Middle East Broad11 casting Networks,’’ after ‘‘Asia’’.

12 (c) TECHNICAL AND CONFORMING AMENDMENT TO

13 TITLE 5.—Section 8332(b)(11) of title 5, United States

14 Code, is amended by inserting ‘‘the Middle East Broad15 casting Networks;’’ after ‘‘Radio Free Asia;’’.

16 SEC. 503. IMPROVING SIGNAL DELIVERY TO CUBA.

17 Section 3 of the Radio Broadcasting to Cuba Act (22

18 U.S.C. 1465a; Public Law 98–111) is amended—

19 (1) by striking subsection (b);

20 (2) by striking subsection (c) and inserting the

21 following new subsection:

22 ‘‘(c) To effect radio broadcasting to Cuba, the Board

23 is authorized to utilize the United States International

24 Broadcasting facilities located in Marathon, Florida, and

25 the 1180 AM frequency used at those facilities. In addiVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00327 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 tion to the above facilities, the Board may simultaneously

2 utilize other governmental and nongovernmental broad3 casting transmission facilities and other frequencies, in4 cluding the Amplitude Modulation (AM) band, the Fre5 quency Modulation (FM) band, and the Shortwave (SW)

6 band. The Board may lease time on commercial or non7 commercial educational AM band, FM band, and SW band

8 radio broadcasting stations to carry a portion of the serv9 ice programs or to rebroadcast service programs.’’;

10 (3) by striking subsection (d);

11 (4) by striking subsection (e) and inserting the

12 following new subsection:

13 ‘‘(e) Any service program of United States Govern14 ment radio broadcasts to Cuba authorized by this section

15 shall be designated ‘Radio Marti program’.’’; and

16 (5) by striking subsection (f).

17 SEC. 504. ESTABLISHING PERMANENT AUTHORITY FOR

18 RADIO FREE ASIA.

19 Section 309 of the United States International

20 Broadcasting Act of 1994 (22 U.S.C. 6208) is amended—

21 (1) in subsection (c)(2), by striking ‘‘, and shall

22 further specify that funds to carry out the activities

23 of Radio Free Asia may not be available after Sep24 tember 30, 2009’’; and

25 (2) by striking subsection (f).


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1 SEC. 505. PERSONAL SERVICES CONTRACTING PROGRAM.

2 Section 504 of the Foreign Relations Authorization

3 Act, Fiscal Year 2003 (Public Law 107–228) is

4 amended—

5 (1) in the section heading, by striking

6 ‘‘PILOT’’;

7 (2) in subsection (a)—

8 (A) by striking ‘‘pilot’’;

9 (B) by striking ‘‘(in this section referred to

10 as the ‘program’)’’; and

11 (C) by striking ‘‘producers, and writers’’

12 and inserting ‘‘and other broadcasting special13 ists’’;

14 (3) in subsection (b)(4), by striking ‘‘60’’ and

15 inserting ‘‘100’’; and

16 (4) by striking subsection (c).

17 SEC. 506. COMMONWEALTH OF THE NORTHERN MARIANA

18 ISLANDS EDUCATION BENEFITS.

19 Section 305(a) of the United States International

20 Broadcasting Act of 1994 (22 U.S.C. 6204(a)) is amended

21 by inserting after paragraph (18) the following new para22 graph:

23 ‘‘(19)(A) To provide for the payment of pri24 mary and secondary school expenses for dependents

25 of personnel stationed in the Commonwealth of the

26 Northern Mariana Islands (CNMI) at a cost not to


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1 exceed expenses authorized by the Department of

2 Defense for such schooling for dependents of mem3 bers of the Armed Forces stationed in the Common4 wealth, if the Board determines that schools avail5 able in the Commonwealth are unable to provide

6 adequately for the education of the dependents of

7 such personnel.

8 ‘‘(B) To provide transportation for dependents

9 of such personnel between their places of residence

10 and those schools for which expenses are provided

11 under subparagraph (A), if the Board determines

12 that such schools are not accessible by public means

13 of transportation.’’.

14 TITLE VI—REPORTING

15 REQUIREMENTS

16 SEC. 601. TRANS-SAHARA COUNTER-TERRORISM INITIA17 TIVE.

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that efforts by the Government of the United States

20 to expand the Pan Sahel Initiative into a robust counter21 terrorism program in the Saharan region of Africa, to be

22 known as the ‘‘Trans-Sahara Counter Terrorism Initia23 tive’’, should be strongly supported.

24 (b) REPORT.—


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1 (1) IN GENERAL.—Not later than 120 days

2 after the date of the enactment of this Act, the Sec3 retary of State shall submit to the appropriate con4 gressional committees a detailed strategy, in classi5 fied form, regarding the plan of the Government of

6 the United States to expand the Pan Sahel Initiative

7 into a robust counter-terrorism program in the Sa8 haran region of Africa, to be known as the ‘‘Trans9 Sahara Counter Terrorism Initiative’’.

10 (2) CONTENTS.—The report shall include the

11 following:

12 (A) The names of the countries that will

13 participate in the Initiative.

14 (B) A description of the types of security

15 assistance necessary to create rapid reaction se16 curity forces in order to bolster the capacity of

17 the countries referred to in subparagraph (A) to

18 govern their borders.

19 (C) A description of training to ensure re20 spect for human rights and civilian authority by

21 rapid reaction security forces referred to in sub22 paragraph (B) and other appropriate individ23 uals and entities of the countries referred to in

24 subparagraph (A).


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1 (D) A description of the types of public di2 plomacy and related assistance that will be pro3 vided to promote development and counter rad4 ical Islamist elements that may be gaining a

5 foothold in the region.

6 (3) UPDATE.—The Secretary shall submit to

7 the appropriate congressional committees an update

8 of the report required by this subsection not later

9 than one year after the date of the initial submission

10 of the report under this subsection.

11 (c) COOPERATION OF OTHER DEPARTMENTS AND

12 AGENCIES.—The head of each appropriate department

13 and agency of the Government of the United States shall

14 cooperate fully with, and assist in the implementation of,

15 the strategy described in subsection (b)(1) and shall make

16 such resources and information available as is necessary

17 to ensure the success of the Initiative described in such

18 subsection.

19 SEC. 602. ANNUAL PATTERNS OF GLOBAL TERRORISM RE20 PORT.

21 (a) REQUIREMENT OF REPORT.—Section 140(a)

22 Foreign Relations Authorization Act, Fiscal Years 1988

23 and 1989 (22 U.S.C. 2656f(a)) is amended—


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1 (1) in the heading, by striking ‘‘COUNTRY RE2 PORTS ON TERRORISM’’ and inserting ‘‘PATTERNS

3 OF GLOBAL TERRORISM REPORT’’; and

4 (2) in the matter preceding paragraph (1), by

5 inserting ‘‘, the Committee on International Rela6 tions of the House of Representatives,’’ after

7 ‘‘Speaker of the House of Representatives’’.

8 (b) ASSESSMENTS WITH RESPECT TO FOREIGN

9 COUNTRIES IN WHICH ACTS OF TERRORISM OC10 CURRED.—Section 140(a)(1)(A)(i) of the Foreign Rela11 tions Authorization Act, Fiscal Years 1988 and 1989 (22

12 U.S.C. 2656f(a)(1)(A)(i)) is amended—

13 (1) by striking ‘‘which were, in the opinion of

14 the Secretary, of major significance;’’ and inserting

15 ‘‘, including—’’; and

16 (2) by adding at the end the following new sub17 clauses:

18 ‘‘(I) the number of such acts of ter19 rorism or attempted acts of terrorism;

20 ‘‘(II) the number of individuals, in21 cluding United States citizens, who were

22 killed or injured in such acts of terrorism;

23 ‘‘(III) the methods, and relative fre24 quency of methods, utilized in such acts of

25 terrorism; and


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1 ‘‘(IV) assessments of individuals who

2 were responsible for such acts of terrorism

3 and the relationships of such individuals to

4 terrorist groups;’’.

5 (c) INFORMATION WITH RESPECT TO TERRORIST

6 GROUPS.—Section 140(a)(2) of the Foreign Relations Au7 thorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.

8 2656f(a)(2)) is amended by inserting after ‘‘and any other

9 known international terrorist group’’ the following ‘‘or

10 emerging terrorist group’’.

11 (d) INFORMATION WITH RESPECT TO ALL FOREIGN

12 COUNTRIES.—Section 140(a) of the Foreign Relations

13 Authorization Act, Fiscal Years 1988 and 1989 (22

14 U.S.C. 2656f(a)) is amended—

15 (1) in paragraph (2), by adding ‘‘and’’ at the

16 end after the semicolon;

17 (2) in paragraph (3)—

18 (A) in the matter preceding subparagraph

19 (A), by striking ‘‘from which the United States

20 Government’’ and all that follows through

21 ‘‘United States citizens or interests’’ and insert22 ing ‘‘worldwide’’;

23 (B) in subparagraph (A)—

24 (i) by striking ‘‘the individual or’’;


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1 (ii) by striking ‘‘the act’’ and insert2 ing ‘‘acts of terrorism’’; and

3 (iii) by striking ‘‘and’’ at the end;

4 (C) in subparagraph (B) by striking

5 ‘‘against United States citizens in the foreign

6 country’’; and

7 (D) by adding at the end the following new

8 subparagraph:

9 ‘‘(C) the extent to which the government of

10 the foreign country is not cooperating with re11 spect to the matters described in subparagraphs

12 (A) and (B) and other matters relating to

13 counterterrorism efforts.’’; and

14 (3) by striking paragraph (4).

15 (e) EXISTING PROVISIONS TO BE INCLUDED IN RE16 PORT.—Section 140(b) of the Foreign Relations Author17 ization Act, Fiscal Years 1988 and 1989 (22 U.S.C.

18 2656f(b)) is amended—

19 (1) in the matter preceding paragraph (1), by

20 striking ‘‘should to the extent feasible’’ and inserting

21 ‘‘shall’’;

22 (2) in paragraph (1)—

23 (A) in the matter preceding subparagraph

24 (A), by inserting ‘‘and (a)(3)’’ after ‘‘subsection

25 (a)(1)(A)’’;


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1 (B) by redesignating subparagraphs (A),

2 (B), and (C) as subparagraphs (C), (D), and

3 (E), respectively;

4 (C) by inserting before subparagraph (C)

5 (as redesignated) the following new subpara6 graphs:

7 ‘‘(A) a separate list, in chronological order,

8 of all acts of international terrorism described

9 in subsection (a)(1)(A);

10 ‘‘(B) a review of efforts to combat the use

11 of financial institutions by terrorist groups;’’;

12 (D) in subparagraph (D) (as redesig13 nated), by striking ‘‘affecting American citizens

14 or facilities’’; and

15 (E) in subparagraph (E)—

16 (i) in clause (i), by adding at the end

17 before the semicolon the following: ‘‘by the

18 government of the country, government of19 ficials, nongovernmental organizations,

20 quasi-governmental organizations, or na21 tionals of the country’’;

22 (ii) in clause (v), by adding ‘‘and’’ at

23 the end after the semicolon; and

24 (iii) by adding at the end the fol25 lowing new clause:


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1 ‘‘(vi) other types of indirect support

2 for international terrorism, such as inciting

3 acts of terrorism or countenance of acts of

4 terrorism by the government of the coun5 try, government officials, nongovernmental

6 organizations, quasi-governmental organi7 zations, or nationals of the country;’’;

8 (3) in paragraph (3)—

9 (A) in subparagraph (E), by striking

10 ‘‘and’’ at the end;

11 (B) in subparagraph (F), by adding ‘‘and’’

12 at the end; and

13 (C) by adding at the end the following new

14 subparagraph:

15 ‘‘(G) information on the stated intentions

16 and patterns of activities of terrorist groups de17 scribed in subsection (a)(2), capabilities and

18 membership of such groups, recruitment and

19 fundraising activities of such groups, and the

20 relationships of such groups to criminal organi21 zations, including organizations involved in il22 licit narcotics trafficking;’’; and

23 (4) by redesignating paragraphs (3) and (4) (as

24 added by section 701(a)(2)(C) of the Intelligence

25 Authorization Act for Fiscal Year 2005 (Public Law


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1 108–487; 118 Stat. 3961)) as paragraphs (6) and

2 (7), respectively.

3 (f) NEW PROVISIONS TO BE INCLUDED IN RE4 PORT.—Section 140(b) of the Foreign Relations Author5 ization Act, Fiscal Years 1988 and 1989 (22 U.S.C.

6 2656f(b)), as amended by subsection (e), is further

7 amended—

8 (1) in paragraph (6) (as redesignated), by strik9 ing ‘‘and’’ at the end;

10 (2) in paragraph (7) (as redesignated), by strik11 ing the period at the end and inserting a semicolon;

12 and

13 (3) by adding at the end the following new

14 paragraphs:

15 ‘‘(8) an analysis of the efforts of multilateral

16 organizations to combat international terrorism, in17 cluding efforts of the United Nations and its affili18 ated organizations, regional multilateral organiza19 tions, and nongovernmental organizations; and

20 ‘‘(9) an analysis of policy goals of the United

21 States for counterterrorism efforts in the subsequent

22 calendar year.’’.

23 (g) CLASSIFICATION OF REPORT.—Section 140(c) of

24 the Foreign Relations Authorization Act, Fiscal Years


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1 1988 and 1989 (22 U.S.C. 2656f(c)) is amended to read

2 as follows:

3 ‘‘(c) CLASSIFICATION OF REPORT.—The report re4 quired by subsection (a) shall be submitted in unclassified

5 form and shall contain a classified annex as necessary.’’.

6 (h) INTER-AGENCY PROCESS FOR COMPILATION OF

7 REPORT.—Section 140 of Foreign Relations Authoriza8 tion Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f)

9 is amended—

10 (1) by redesignating subsections (d) and (e) as

11 subsections (e) and (f), respectively; and

12 (2) by inserting after subsection (c) the fol13 lowing new subsection:

14 ‘‘(d) INTER-AGENCY PROCESS FOR COMPILATION OF

15 REPORT.—The Secretary of State shall, in preparing the

16 report required by subsection (a), establish an inter-agen17 cy process to—

18 ‘‘(1) consult and coordinate with other appro19 priate officials of the Government of the United

20 States who are responsible for collecting and ana21 lyzing counterterrorism intelligence; and

22 ‘‘(2) utilize, to the maximum extent practicable,

23 such counterterrorism intelligence and analyses.’’.

24 (i) COMPARABILITY STANDARD WITH PRIOR RE25 PORT.—Section 140 of Foreign Relations Authorization


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1 Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), as

2 amended by subsection (h), is further amended—

3 (1) by redesignating subsections (e) and (f) (as

4 redesignated) as subsections (f) and (g), respectively;

5 and

6 (2) by inserting after subsection (d) (as added

7 by subsection (h)) the following new subsection:

8 ‘‘(e) COMPARABILITY STANDARD WITH PRIOR RE9 PORT.—The Secretary of State shall, in preparing the re10 port required by subsection (a), use standards, criteria,

11 and methodologies in a consistent manner so that statis12 tical comparisons may be made among different reports.

13 If significant changes are made to any such standards,

14 criteria, or methodology, the Secretary shall, in consulta15 tion with other appropriate officials of the Government of

16 the United States, make appropriate adjustments, using

17 the best available methods, so that the data provided in

18 each report is comparable to the data provided in prior

19 reports.’’.

20 (j) DEFINITIONS.—Section 140(f)(1) of Foreign Re21 lations Authorization Act, Fiscal Years 1988 and 1989 (as

22 redesignated) is amended to read as follows:

23 ‘‘(1) the term ‘international terrorism’ means—

24 ‘‘(A) terrorism involving citizens or the ter25 ritory of more than one country; or


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1 ‘‘(B) terrorism involving citizens and the

2 territory of one country which is intended to in3 timidate or coerce not only the civilian popu4 lation or government of such country but also

5 other civilian populations or governments;’’.

6 (k) REPORTING PERIOD.—Section 140(g) Foreign

7 Relations Authorization Act, Fiscal Years 1988 and 1989

8 (as redesignated) is amended to read as follows:

9 ‘‘(g) REPORTING PERIOD.—The report required

10 under subsection (a) shall cover the events of the calendar

11 year preceding the calender year in which the report is

12 transmitted.’’.

13 (l) APPEARANCE OF SECRETARY OF STATE BEFORE

14 CONGRESS.—Section 140 of the Foreign Relations Au15 thorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.

16 2656f) is amended by adding at the end the following new

17 subsection:

18 ‘‘(h) APPEARANCE OF SECRETARY OF STATE BE19 FORE CONGRESS.—

20 ‘‘(1) IN GENERAL.—The Secretary of State

21 shall appear before Congress at annual hearings, as

22 specified in paragraph (2), regarding the provisions

23 included in the report required under subsection (a).

24 ‘‘(2) SCHEDULE.—The Secretary of State shall

25 appear before—


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1 ‘‘(A) the Committee on International Rela2 tions of the House of Representatives on or

3 about May 20 of even numbered calendar years;

4 ‘‘(B) the Committee on Foreign Relations

5 of the Senate on or about May 20 of odd num6 bered calendar years; and

7 ‘‘(C) either Committee referred to in sub8 paragraph (A) or (B), upon request, following

9 the scheduled appearance of the Secretary be10 fore the other Committee under subparagraph

11 (A) or (B).’’.

12 (m) CONFORMING AMENDMENT.—The heading of

13 section 140 of the Foreign Relations Authorization Act,

14 Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is amend15 ed to read as follows:

16 ‘‘SEC. 140. ANNUAL PATTERNS OF GLOBAL TERRORISM RE17 PORT.’’.

18 (n) EFFECTIVE DATE.—The amendments made by

19 this section apply with respect to the report required to

20 be transmitted under section 140 of the Foreign Relations

21 Authorization Act, Fiscal Years 1988 and 1989 (22

22 U.S.C. 2656f), by April 30, 2007, and by April 30 of each

23 subsequent year.


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1 SEC. 603. STUDY AND REPORT ON DUAL GATEWAY POLICY

2 OF THE GOVERNMENT OF IRELAND.

3 (a) IN GENERAL.—The Secretary of State shall re4 view the dual gateway policy and determine the effects the

5 discontinuation of such policy might have on the economy

6 of the United States and the economy of western Ireland

7 before the United States takes any action that could lead

8 to the discontinuation of such policy.

9 (b) ECONOMIC IMPACT STUDY.—In determining the

10 effects that the discontinuation of such policy might have

11 on the economy of the United States, the Secretary, in

12 consultation with the heads of other appropriate depart13 ments and agencies, shall consider the effects the dis14 continuation of such policy might have on United States

15 businesses operating in western Ireland, Irish businesses

16 operating in and around Shannon Airport, and United

17 States air carriers serving Ireland.

18 (c) REPORT.—Not later than 180 days after the date

19 of the enactment of this Act, the Secretary shall submit

20 to Congress a report describing the determinations made

21 under subsection (a), together with any recommendations

22 for United States action.

23 (d) DEFINITION.—In this section, the term ‘‘dual

24 gateway policy’’ means the policy of the Government of

25 Ireland requiring certain air carriers serving Dublin AirVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00343 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 port to undertake an equal numbers of flights to Shannon

2 Airport and Dublin Airport during each calendar year.

3 SEC. 604. REPORT ON HAITI.

4 Not later than one year after the date of the enact5 ment of this Act and one year thereafter, the Secretary

6 of State shall submit to the appropriate congressional

7 committees a report on United States efforts to—

8 (1) assist in the disarmament of illegally armed

9 forces in Haiti, including through a program of gun

10 exchanges;

11 (2) assist in the reform of the Haitian National

12 Police; and

13 (3) support stabilization in Haiti.

14 SEC. 605. VERIFICATION REPORTS TO CONGRESS.

15 Section 403(a) of the Arms Control and Disar16 mament Act (22 U.S.C. 2593a(a)) is amended in the mat17 ter preceding paragraph (1)—

18 (1) by striking ‘‘prepared by the Secretary of

19 State with the concurrence of the Director of Cen20 tral Intelligence and in consultation with the Sec21 retary of Defense, the Secretary of Energy, and the

22 Chairman of the Joint Chiefs of Staff,’’; and

23 (2) by inserting ‘‘, as the President considers

24 appropriate’’ after ‘‘include’’.


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1 SEC. 606. REPORTS ON PROTECTION OF REFUGEES FROM

2 NORTH KOREA.

3 Section 305(a) of the North Korean Human Rights

4 Act of 2004 (Public Law 108–333; 22 U.S.C. 7845) is

5 amended—

6 (1) in paragraph (1), by striking ‘‘and’’ at the

7 end;

8 (2) in paragraph (2), by striking the period at

9 the end and inserting ‘‘; and’’; and

10 (3) by adding at the end the following new

11 paragraph:

12 ‘‘(3) a detailed description of the measures un13 dertaken by the Secretary of State to carry out sec14 tion 303, including country-specific information with

15 respect to United States efforts to secure the co16 operation and permission of the governments of

17 countries in East and Southeast Asia to facilitate

18 United States processing of North Koreans seeking

19 protection as refugees. The information required by

20 this paragraph may be provided in a classified for21 mat, if necessary.’’.


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1 SEC. 607. REPORTS ON ACTIONS TAKEN BY THE UNITED

2 STATES TO ENCOURAGE RESPECT FOR

3 HUMAN RIGHTS.

4 Section 665(c) of the Foreign Relations Authoriza5 tion Act, Fiscal Year 2003 (Public Law 107–228) is

6 amended by striking ‘‘30 days’’ and inserting ‘‘90 days’’.

7 SEC. 608. REPORTS ON ACQUISITION AND MAJOR SECU8 RITY UPGRADES.

9 Section 605(c) of the Secure Embassy Construction

10 and Counterterrorism Act of 1999 (title VI of the Admiral

11 James W. Nance and Meg Donovan Foreign Relations Au12 thorization Act, Fiscal Years 2000 and 2001; Public Law

13 106–113–Appendix G) is amended—

14 (1) in the heading, by striking ‘‘Semiannual Re15 ports’’ and inserting ‘‘Reports’’;

16 (2) in the matter preceding paragraph (1), by

17 striking ‘‘June 1 and’’; and

18 (3) in paragraph (1)(A), by striking ‘‘two fiscal

19 quarters’’ and inserting ‘‘year’’.

20 SEC. 609. REPORT ON SERVICES FOR CHILDREN WITH AU21 TISM AT OVERSEAS MISSIONS.

22 (a) STUDY.—With respect to countries in which there

23 is at least one mission of the United States, the Secretary

24 of State shall conduct a study of the availability of pro25 grams that address the special needs of children with au26 tism, including the availability of speech therapists and


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1 pediatric occupational therapists at Department of De2 fense sponsored schools. Such study shall include the esti3 mated incidence of autism among dependents of members

4 of the Foreign Service and dependents of specialist For5 eign Service personnel. Such study shall also include an

6 analysis of the possibility of establishing ‘‘Educational

7 Centers of Excellence’’ for such children.

8 (b) REPORT.—Not later than 30 days after the com9 pletion of the study required under subsection (a), the Sec10 retary shall submit to the appropriate congressional com11 mittees a report containing the findings of the study to12 gether with any recommendations for related action.

13 SEC. 610. REPORT ON INCIDENCE AND PREVALENCE OF AU14 TISM WORLDWIDE.

15 (a) STUDY.—

16 (1) IN GENERAL.—The Secretary of State shall

17 direct the United States representative to the Execu18 tive Board of the United Nations Children’s Fund

19 (UNICEF) to use the voice and vote of the United

20 States to urge UNICEF to provide for the conduct

21 of a study of the incidence and prevalence of autism

22 spectrum disorders (hereinafter referred to as ‘‘au23 tism’’) worldwide.

24 (2) CONDUCT OF STUDY.—The study should—


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1 (A) evaluate the incidence and prevalence

2 of autism in all countries worldwide and com3 pare such incidence and prevalence to the inci4 dence and prevalence of autism in the United

5 States and evaluate the reliability of the infor6 mation obtained from each country in carrying

7 out this subparagraph; and

8 (B) evaluate the feasibility of establishing

9 a method for the collection of information relat10 ing to the incidence and prevalence of autism in

11 all countries worldwide.

12 (b) REPORT.—The Secretary of State shall direct the

13 United States representative to the Executive Board of

14 UNICEF to use the voice and vote of the United States

15 to urge UNICEF to—

16 (1) provide for the preparation of a report that

17 contains the results of the study described in sub18 section (a); and

19 (2) provide for the availability of the report on

20 the Internet website of UNICEF.

21 (c) FUNDING.—Of the amounts made available for

22 fiscal year 2006 to carry out section 301 of the Foreign

23 Assistance Act of 1961 (22 U.S.C. 2221), $1,500,000 is

24 authorized to be available for a voluntary contribution to


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1 UNICEF to conduct the study described in subsection (a)

2 and prepare the report described in subsection (b).

3 SEC. 611. REPORT ON INTERNET JAMMING.

4 (a) REPORT.—Not later than March 1 of the year

5 following the date of the enactment of this Act, the Chair6 man of the Broadcasting Board of Governors shall submit

7 to the appropriate congressional committees a report on

8 the status of state-sponsored and state-directed Internet

9 jamming by repressive foreign governments and a descrip10 tion of efforts by the United States to counter such jam11 ming. Each report shall list the countries the governments

12 of which pursue Internet censorship or jamming and pro13 vide information concerning the government agencies or

14 quasi-governmental organizations of such governments

15 that engage in Internet jamming.

16 (b) FORMAT.—If the Chairman determines that such

17 is appropriate, the Chairman may submit such report to18 gether with a classified annex.

19 SEC. 612. REPORT ON DEPARTMENT OF STATE EMPLOY20 MENT COMPOSITION.

21 (a) STATEMENT OF POLICY.—In order for the De22 partment of State to accurately represent all people in the

23 United States, the Department must accurately reflect the

24 diversity of the United States.


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1 (b) REPORT ON MINORITY RECRUITMENT.—Section

2 324 of the Foreign Relations Authorization Act, Fiscal

3 Year 2003 (Public Law 107–228) is amended—

4 (1) in the matter preceding paragraph (1), by

5 striking ‘‘April 1, 2003, and April 1, 2004,’’ and in6 serting ‘‘April 1, 2006, and April 1, 2007,’’; and

7 (2) in paragraphs (1) and (2), by striking ‘‘mi8 nority groups’’ each place it appears and inserting

9 ‘‘minority groups and women’’.

10 (c) ACQUISITION.—Section 324 of such Act is further

11 amended by adding at the end the following new para12 graph:

13 ‘‘(3) For the immediately preceding 12-month

14 period for which such information is available—

15 ‘‘(A) the numbers and percentages of

16 small, minority-owned businesses that provide

17 goods and services to the Department as a re18 sult of contracts with the Department during

19 such period;

20 ‘‘(B) the total number of such contracts;

21 ‘‘(C) the total dollar value of such con22 tracts; and

23 ‘‘(D) and the percentage value represented

24 by such contract proportionate to the total

25 value of all contracts held by the Department.’’.


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1 (d) USE OF FUNDS.—The provisions of section 325

2 of such Act shall apply to funds authorized to be appro3 priated under section 101(1)(G) of this Act.

4 SEC. 613. REPORT ON INCITEMENT TO ACTS OF DISCRIMI5 NATION.

6 (a) INCLUSION OF INFORMATION RELATING TO IN7 CITEMENT TO ACTS OF DISCRIMINATION IN ANNUAL

8 COUNTRY REPORTS ON HUMAN RIGHT PRACTICES.—

9 (1) COUNTRIES RECEIVING ECONOMIC ASSIST10 ANCE.—Section 116(d) of the Foreign Assistance

11 Act of 1961 (22 U.S.C. 2151n(d)) is amended—

12 (A) in paragraph (10) by striking ‘‘and’’ at

13 the end;

14 (B) in paragraph (11)(C), by striking the

15 period at the end and inserting ‘‘; and’’; and

16 (C) by adding at the end the following new

17 paragraph:

18 ‘‘(12) wherever applicable, a description of the

19 nature and extent of—

20 ‘‘(A) propaganda in foreign government

21 and foreign government-controlled media and

22 other sources, including foreign government23 produced educational materials and textbooks,

24 that attempt to justify or promote racial hatred


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1 or incite acts of violence against any race or

2 people;

3 ‘‘(B) complicity or involvement by the for4 eign government in the creation of such propa5 ganda or incitement of acts of violence against

6 any race or people; and

7 ‘‘(C) a description of the actions, if any,

8 taken by the foreign government to eliminate

9 such propaganda or incitement.’’.

10 (2) COUNTRIES RECEIVING SECURITY ASSIST11 ANCE.—Section 502B(b) of such Act (22 U.S.C.

12 2304(b)) is amended by inserting after the ninth

13 sentence the following new sentence: ‘‘Each report

14 under this section shall also include, wherever appli15 cable, a description of the nature and extent of prop16 aganda in foreign government and foreign govern17 ment-controlled media and other sources, including

18 foreign government-produced educational materials

19 and textbooks, that attempt to justify or promote ra20 cial hatred or incite acts of violence against any race

21 or people, complicity or involvement by the foreign

22 government in the creation of such propaganda or

23 incitement of acts of violence against any race or

24 people, and a description of the actions, if any,


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1 taken by the foreign government to eliminate such

2 propaganda or incitement.’’.

3 (b) EFFECTIVE DATE OF AMENDMENT.—The

4 amendment made by subsection (a) shall take effect on

5 the date of the enactment of this Act and apply beginning

6 with the first report submitted by the Secretary of State

7 under sections 116(d) and 502B(b) of the Foreign Assist8 ance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) after

9 such date.

10 SEC. 614. REPORTS ON CHILD MARRIAGE.

11 (a) ONE TIME REPORT.—Not later than 180 days

12 after the date of the enactment of this Act, the Secretary

13 of State shall submit to the appropriate congressional

14 committees a one time report on the practice of the custom

15 of child marriage in countries around the world. The re16 port shall include the following information:

17 (1) A separate section for each country, as ap18 plicable, describing the nature and extent of child

19 marriage in such country.

20 (2) A description of the actions, if any, taken

21 by the government of each such country, where ap22 plicable, to revise the laws of such country and insti23 tutionalize comprehensive procedures and practices

24 to eliminate child marriage.


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1 (3) A description of the actions taken by the

2 Department of State and other Federal departments

3 and agencies to encourage foreign governments to

4 eliminate child marriage and to support the activi5 ties of non-governmental organizations dedicated to

6 eliminating child marriage and supporting its vic7 tims.

8 (b) INCLUSION OF INFORMATION RELATING TO

9 CHILD MARRIAGE IN ANNUAL COUNTRY REPORTS ON

10 HUMAN RIGHTS PRACTICES.—

11 (1) COUNTRIES RECEIVING ECONOMIC ASSIST12 ANCE.—Section 116(d) of the Foreign Assistance

13 Act of 1961 (22 U.S.C. 2151n(d)), as amended by

14 section 611, is further amended—

15 (A) in paragraph (11)(C), as amended by

16 section 611, by striking ‘‘and’’ at the end;

17 (B) in paragraph (12)(C), as added by sec18 tion 611, by striking the period at the end and

19 inserting ‘‘; and’’; and

20 (C) by adding at the end the following new

21 paragraph:

22 ‘‘(13)(A) wherever applicable, a description of

23 the nature and extent of laws and traditions in each

24 country that enable or encourage the practice of

25 child marriage; and


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1 ‘‘(B) a description of the actions, if any,

2 taken by the government of each such country

3 to revise the laws of such country and institu4 tionalize comprehensive procedures and prac5 tices to eliminate child marriage.’’.

6 (2) COUNTRIES RECEIVING SECURITY ASSIST7 ANCE.—Section 502B(b) of such Act (22 U.S.C.

8 2304(b)), as amended by section 611, is further

9 amended by inserting after the tenth sentence, as

10 added by section 611, the following new sentence:

11 ‘‘Each report under this section shall also include,

12 wherever applicable, a description of the nature and

13 extent of laws and traditions in each country that

14 enable or encourage the practice of child marriage

15 and a description of the actions, if any, taken by the

16 government of each such country to revise the laws

17 of such country and institutionalize comprehensive

18 procedures and practices to eliminate child mar19 riage.’’.

20 (c) EFFECTIVE DATE OF AMENDMENT.—The

21 amendment made by subsection (b) shall take effect on

22 the date of the enactment of this Act and apply beginning

23 with the first report submitted by the Secretary of State

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1 ance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) after

2 the report required under subsection (a).

3 SEC. 615. REPORTS RELATING TO MAGEN DAVID ADOM SO4 CIETY.

5 (a) FINDINGS.—Section 690(a) of the Foreign Rela6 tions Authorization Act, Fiscal Year 2003 (Public Law

7 107–228), is amended by adding at the end the following:

8 ‘‘(5) Since the founding of the Magen David

9 Adom Society in 1930, the American Red Cross has

10 regarded it as a sister national society forging close

11 working ties between the two societies and has con12 sistently advocated recognition and membership of

13 the Magen David Adom Society in the International

14 Red Cross and Red Crescent Movement.

15 ‘‘(6) The American Red Cross and the Magen

16 David Adom Society signed an important memo17 randum of understanding in November 2002, out18 lining areas for strategic collaboration, and the

19 American Red Cross will encourage other societies to

20 establish similar agreements with the Magen David

21 Adom Society.’’.

22 (b) SENSE OF CONGRESS.—Section 690(b) of such

23 Act is amended—

24 (1) in paragraph (3), by striking ‘‘and’’ at the

25 end;


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1 (2) by redesignating paragraph (4) as para2 graph (5); and

3 (3) by inserting after paragraph (3) the fol4 lowing new paragraph:

5 ‘‘(4) the High Contracting Parties to the Gene6 va Conventions of August 12, 1949, should adopt

7 the October 12, 2000, draft additional protocol

8 which would accord international recognition to an

9 additional distinctive emblem; and’’.

10 (c) REPORT.—Section 690 of such Act is further

11 amended by adding at the end the following:

12 ‘‘(c) REPORT.—Not later than 60 days after the date

13 of the enactment of the Foreign Relations Authorization

14 Act, Fiscal Years 2006 and 2007, and one year thereafter,

15 the Secretary of State shall submit a report, on a classified

16 basis if necessary, to the appropriate congressional com17 mittees describing—

18 ‘‘(1) efforts by the United States to obtain full

19 membership for the Magen David Adom Society in

20 the International Red Cross and Red Crescent Move21 ment;

22 ‘‘(2) efforts by the International Committee of

23 the Red Cross to obtain full membership for the

24 Magen David Adom Society in the International Red

25 Cross and Red Crescent Movement;


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1 ‘‘(3) efforts of the High Contracting Parties to

2 the Geneva Conventions of August 12, 1949, to

3 adopt the October 12, 2000, draft additional pro4 tocol to the Geneva Conventions;

5 ‘‘(4) the extent to which the Magen David

6 Adom Society is participating in the activities of the

7 International Red Cross and Red Crescent Move8 ment; and

9 ‘‘(5) efforts by any state, member, or official of

10 the International Red Cross and Red Crescent Move11 ment to prevent, obstruct, or place conditions

12 upon—

13 ‘‘(A) adoption by the High Contracting

14 Parties to the Geneva Conventions of August

15 12, 1949, of the October 12, 2000, draft addi16 tional protocol to the Geneva Conventions; and

17 ‘‘(B) full participation of the Magen David

18 Adom Society in the activities of the Inter19 national Red Cross and Red Crescent Move20 ment.’’.

21 SEC. 616. REPORTS RELATING TO DEVELOPMENTS IN AND

22 POLICY TOWARD INDONESIA.

23 (a) STATEMENT OF CONGRESS RELATING TO RE24 CENT DEVELOPMENTS, HUMAN RIGHTS, AND REFORM.—

25 Congress—


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1 (1) recognizes the remarkable progress in de2 mocratization and decentralization made by Indo3 nesia in recent years and commends the people of

4 Indonesia on the pace and scale of those continuing

5 reforms;

6 (2) reaffirms—

7 (A) its deep condolences to the people of

8 Indonesia for the profound losses inflicted by

9 the December 26, 2004, earthquake and tsu10 nami; and

11 (B) its commitment to generous United

12 States support for relief and long term recon13 struction efforts in affected areas;

14 (3) expresses its hope that in the aftermath of

15 the tsunami tragedy the Government of Indonesia

16 and other parties will succeed in reaching and imple17 menting a peaceful, negotiated settlement of the

18 long-standing conflict in Aceh;

19 (4) commends the Government of Indonesia for

20 allowing broad international access to Aceh after the

21 December 2004 tsunami, and urges that inter22 national nongovernmental organizations and media

23 be allowed unfettered access throughout Indonesia,

24 including in Papua and Aceh;

25 (5) notes with grave concern that—


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1 (A) reform of the Indonesian security

2 forces has not kept pace with democratic polit3 ical reform, and that the Indonesian military is

4 subject to inadequate civilian control and over5 sight, lacks budgetary transparency, and con6 tinues to emphasize an internal security role

7 within Indonesia;

8 (B) members of the Indonesian security

9 forces continue to commit many serious human

10 rights violations, including killings, torture,

11 rape, and arbitrary detention, particularly in

12 areas of communal and separatist conflict; and

13 (C) the Government of Indonesia largely

14 fails to hold soldiers and police accountable for

15 extrajudicial killings and other serious human

16 rights abuses, both past and present, including

17 atrocities committed in East Timor prior to its

18 independence from Indonesia;

19 (6) condemns the intimidation and harassment

20 of human rights and civil society organizations by

21 members of the Indonesian security forces and mili22 tary-backed militia groups, and urges a complete in23 vestigation of the fatal poisoning of prominent

24 human rights activist Munir in September 2004; and


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1 (7) urges the Government of Indonesia and the

2 Indonesian military to continue to provide full, ac3 tive, and unfettered cooperation to the Federal Bu4 reau of Investigation of the Department of Justice

5 in its investigation of the August 31, 2002, attack

6 near Timika, Papua, which killed three people (in7 cluding two Americans, Rick Spier and Ted Burgon)

8 and injured 12 others, and to pursue the indictment,

9 apprehension, and prosecution of all parties respon10 sible for that attack.

11 (b) FINDINGS RELATING TO PAPUA.—Congress finds

12 the following:

13 (1) Papua, a resource-rich province whose in14 digenous inhabitants are predominantly Melanesian,

15 was formerly a colony of the Netherlands.

16 (2) While Indonesia has claimed Papua as part

17 of its territory since its independence in the late

18 1940s, Papua remained under Dutch administrative

19 control until 1962.

20 (3) On August 15, 1962, Indonesia and the

21 Netherlands signed an agreement at the United Na22 tions in New York (commonly referred to as the

23 ‘‘New York Agreement’’) which transferred adminis24 tration of Papua first to a United Nations Tem25 porary Executive Authority (UNTEA), and then to


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1 Indonesia in 1963, pending an ‘‘act of free choice

2 . . . to permit the inhabitants to decide whether

3 they wish to remain with Indonesia’’.

4 (4) In the New York Agreement, Indonesia for5 mally recognized ‘‘the eligibility of all adults [in

6 Papua] . . . to participate in [an] act of self-deter7 mination to be carried out in accordance with inter8 national practice’’, and pledged ‘‘to give the people

9 of the territory the opportunity to exercise freedom

10 of choice . . . before the end of 1969’’.

11 (5) In July and August 1969, Indonesia con12 ducted an ‘‘Act of Free Choice’’, in which 1,025 se13 lected Papuan elders voted unanimously to join In14 donesia, in circumstances that were subject to both

15 overt and covert forms of manipulation.

16 (6) In the intervening years, indigenous

17 Papuans have suffered extensive human rights

18 abuses, natural resource exploitation, environmental

19 degradation, and commercial dominance by immi20 grant communities, and some individuals and groups

21 estimate that more than 100,000 Papuans have been

22 killed during Indonesian rule, primarily during the

23 Sukarno and Suharto administrations.

24 (7) While the United States supports the terri25 torial integrity of Indonesia, Indonesia’s historical


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1 reliance on force for the maintenance of control has

2 been counterproductive, and long-standing abuses by

3 security forces have galvanized independence senti4 ments among many Papuans.

5 (8) While the Indonesian parliament passed a

6 Special Autonomy Law for Papua in October 2001

7 that was intended to allocate greater revenue and

8 decision making authority to the Papuan provincial

9 government, the promise of special autonomy has

10 not been effectively realized and has been under11 mined in its implementation, such as by conflicting

12 legal directives further subdividing the province in

13 apparent contravention of the law and without the

14 consent of appropriate provincial authorities.

15 (9) Rather than demilitarizing its approach, In16 donesia has reportedly sent thousands of additional

17 troops to Papua, and military operations in the cen18 tral highlands since the fall of 2004 have displaced

19 thousands of civilians into very vulnerable cir20 cumstances, contributing further to mistrust of the

21 central government by many indigenous Papuans.

22 (10) According to the 2004 Annual Country

23 Report on Human Rights Practices of the Depart24 ment of State, in Indonesia ‘‘security force members

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1 tained civilians and members of separatist move2 ments’’ and ‘‘police frequently and arbitrarily de3 tained persons without warrants, charges, or court

4 proceedings’’ in Papua.

5 (c) REPORTING REQUIREMENTS.—

6 (1) REPORT ON SPECIAL AUTONOMY.—Not

7 later than 180 days after the date of the enactment

8 of this Act and one year thereafter, the Secretary of

9 State shall submit to the appropriate congressional

10 committees a report detailing implementation of spe11 cial autonomy for Papua and Aceh. Such reports

12 shall include—

13 (A) an assessment of the extent to which

14 each province has enjoyed an increase in rev15 enue allocations and decision making authority;

16 (B) a description of access by international

17 press and non-governmental organizations to

18 each province;

19 (C) an assessment of the role played by

20 local civil society in governance and decision

21 making;

22 (D) a description of force levels and con23 duct of Indonesian security forces in each prov24 ince; and


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1 (E) a description of United States efforts

2 to promote respect for human rights in each

3 province.

4 (2) REPORT ON THE 1969 ACT OF FREE

5 CHOICE.—Not later than 180 days after the date of

6 the enactment of this Act, the Secretary of State

7 shall submit to the appropriate congressional com8 mittees a report analyzing the 1969 Act of Free

9 Choice.

10 SEC. 617. REPORT RELATING TO THE MURDERS OF UNITED

11 STATES CITIZENS JOHN BRANCHIZIO, MARK

12 PARSON, AND JOHN MARIN LINDE.

13 (a) FINDINGS.—Congress makes the following find14 ings:

15 (1) On October 15, 2003, a convoy of clearly

16 identified United States diplomatic vehicles was at17 tacked by Palestinian terrorists in Gaza resulting in

18 the death of United States citizens John Branchizio,

19 Mark Parson, and John Marin Linde, and the injury

20 of a fourth United States citizen.

21 (2) John Branchizio, Mark Parson, and John

22 Marin Linde were contract employees providing se23 curity to United States diplomatic personnel who

24 were visiting Gaza in order to identify potential Pal25 estinian candidates for Fulbright Scholarships.


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1 (3) A senior official of the Palestinian Author2 ity was reported to have stated on September 22,

3 2004, that ‘‘Palestinian security forces know who

4 was behind the killing’’ of John Branchizio, Mark

5 Parson, and John Marin Linde.

6 (4) Following her visit to Israel and the West

7 Bank on February 7, 2005, Secretary of State

8 Condoleezza Rice announced that she had been ‘‘as9 sured by President Abbas of the Palestinian

10 Authority’s intention to bring justice to those who

11 murdered three American personnel in the Gaza in

12 2003’’.

13 (5) Since the attack on October 15, 2003,

14 United States Government personnel have been pro15 hibited from all travel in Gaza.

16 (6) The United States Rewards for Justice pro17 gram is offering a reward of up to $5,000,000 for

18 information leading to the arrest or conviction of

19 any persons involved in the murder of John

20 Branchizio, Mark Parson, and John Marin Linde.

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that—

23 (1) the continued inability or unwillingness of

24 the Palestinian Authority to actively and aggres25 sively pursue the murderers of United States citizens


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1 John Branchizio, Mark Parson, and John Marin

2 Linde and bring them to justice calls into question

3 the Palestinian Authority’s viability as a partner for

4 the United States in resolving the Palestinian-Israeli

5 conflict;

6 (2) future United States assistance to the Pal7 estinian Authority may be affected, and the contin8 ued operation of the PLO Representative Office in

9 Washington may be jeopardized, if the Palestinian

10 Authority does not fully and effectively cooperate in

11 bringing to justice the murderers of John

12 Branchizio, Mark Parson, and John Marin Linde;

13 and

14 (3) it is in the vital national security interest of

15 the United States to safeguard, to the greatest ex16 tent possible consistent with their mission, United

17 States diplomats and all embassy and consulate per18 sonnel, and to use the full power of the United

19 States to bring to justice any individual or entity

20 that threatens, jeopardizes, or harms them.

21 (c) REPORT.—Not later than 30 days after the date

22 of the enactment of this Act, and every 120 days there23 after, the Secretary of State shall submit a report, on a

24 classified basis if necessary, to the appropriate congres25 sional committees describing—


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1 (1) efforts by the United States to bring to jus2 tice the murderers of United States citizens John

3 Branchizio, Mark Parson, and John Marin Linde;

4 (2) a detailed assessment of efforts by the Pal5 estinian Authority to bring to justice the murderers

6 of John Branchizio, Mark Parson, and John Marin

7 Linde, including—

8 (A) the number of arrests, interrogations,

9 and interviews by Palestinian Authority officials

10 related to the case;

11 (B) the number of Palestinian security

12 personnel and man-hours assigned to the case;

13 (C) the extent of personal supervision or

14 involvement by the President and Ministers of

15 the Palestinian Authority; and

16 (D) the degree of cooperation between the

17 United States and the Palestinian Authority in

18 regards to this case;

19 (3) a specific assessment by the Secretary of

20 whether the Palestinian efforts described in para21 graph (2) constitute the best possible effort by the

22 Palestinian Authority; and

23 (4) any additional steps or initiatives requested

24 or recommended by the United States that were not

25 pursued by the Palestinian Authority.


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1 (d) CERTIFICATION.—The requirement to submit a

2 report under subsection (c) shall no longer apply if the

3 Secretary of State certifies to the appropriate congres4 sional committees that the murderers of United States

5 citizens John Branchizio, Mark Parson, and John Marin

6 Linde have been identified, arrested, and brought to jus7 tice.

8 (e) DEFINITION.—In this section, the term ‘‘appro9 priate congressional committees’’ means—

10 (1) the Committee on International Relations

11 and the Committee on Appropriations of the House

12 of Representatives; and

13 (2) the Committee on Foreign Relations and

14 the Committee on Appropriations of the Senate.

15 SEC. 618. ELIMINATION OF REPORT ON REAL ESTATE

16 TRANSACTIONS.

17 Section 12 of the Foreign Service Buildings Act,

18 1926 (22 U.S.C. 303) is hereby repealed.

19 TITLE VII—STRATEGIC EXPORT

20 CONTROL AND SECURITY AS21 SISTANCE ACT OF 2005

22 Subtitle A—General Provisions

23 SEC. 701. SHORT TITLE.

24 This title may be cited as the ‘‘Strategic Export Con25 trol and Security Assistance Act of 2005’’.


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1 SEC. 702. DEFINITIONS.

2 In this title:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means—

6 (A) the Committee on International Rela7 tions and the Committee on Armed Services of

8 the House of Representatives; and

9 (B) the Committee on Foreign Relations

10 and the Committee on Armed Services of the

11 Senate.

12 (2) DEFENSE ARTICLES AND DEFENSE SERV13 ICES.—The term ‘‘defense articles and defense serv14 ices’’ has the meaning given the term in section

15 47(7) of the Arms Export Control Act (22 U.S.C.

16 2794 note).

17 (3) DUAL USE.—The term ‘‘dual use’’ means,

18 with respect to goods or technology, those goods or

19 technology that are specifically designed or devel20 oped for civil purposes but which also may be used

21 or deployed in a military or proliferation mode. Such

22 term does not include purely commercial items.

23 (4) EXPORT.—The term ‘‘export’’ has the

24 meaning given that term in section 120.17 of the

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1 cludes re-exports, transfers, and re-transfers by any

2 means.

3 (5) EXPORT ADMINISTRATION REGULATIONS.—

4 The term ‘‘Export Administration Regulations’’

5 means those regulations contained in sections 730

6 through 774 of title 15, Code of Federal Regulations

7 (or successor regulations).

8 (6) FOREIGN GOVERNMENT.—The term ‘‘for9 eign government’’ has the meaning given the term in

10 section 38(g)(9)(B) of the Arms Export Control Act

11 (22 U.S.C. 2778(g)(9)(B)).

12 (7) FOREIGN PERSON.—The term ‘‘foreign per13 son’’ has the meaning given the term in section

14 38(g)(9)(C) of the Arms Export Control Act (22

15 U.S.C. 2778(g)(9)(C)).

16 (8) GOOD.—The term ‘‘good’’ has the meaning

17 given the term in section 16(3) of the Export Ad18 ministration Act of 1979 (50 U.S.C. App. 2415(3)).

19 (9) INTERNATIONAL TRAFFIC IN ARMS REGULA20 TIONS.—The term ‘‘International Traffic in Arms

21 Regulations’’ means those regulations contained in

22 sections 120 through 130 of title 22, Code of Fed23 eral Regulations (or successor regulations).

24 (10) ITEM.—The term ‘‘item’’ means any good

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1 ject to the export jurisdiction of the United States

2 under law or regulation.

3 (11) LICENSE.—The term ‘‘license’’ means an

4 official written document of the United States Gov5 ernment issued pursuant to the Export Administra6 tion Regulations or the International Traffic in

7 Arms Regulations, as the case may be, authorizing

8 a specific export.

9 (12) MISSILE TECHNOLOGY CONTROL REGIME;

10 MTCR.—The term ‘‘Missile Technology Control Re11 gime’’ or ‘‘MTCR’’ has the meaning given the term

12 in section 11B(c)(2) of the Export Administration

13 Act of 1979 (50 U.S.C. App. 2401b(c)(2)).

14 (13) MISSILE TECHNOLOGY CONTROL REGIME

15 ANNEX; MTCR ANNEX.—The term ‘‘Missile Tech16 nology Control Regime Annex’’ or ‘‘MTCR Annex’’

17 has the meaning given the term in section 11B(c)(4)

18 of the Export Administration Act of 1979 (50

19 U.S.C. App. 2401b(c)(4)).

20 (14) PERSON.—The term ‘‘person’’ has the

21 meaning given the term in section 38(g)(9)(E) of

22 the Arms Export Control Act (22 U.S.C.

23 2778(g)(9)(E)).

24 (15) STRATEGIC EXPORT CONTROL.—The term

25 ‘‘strategic export control’’ means the control of items


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1 subject to the export jurisdiction of the United

2 States pursuant to the International Traffic in Arms

3 Regulations or the Export Administration Regula4 tions.

5 (16) TECHNOLOGY.—The term ‘‘technology’’

6 has the meaning given the term in section 16(4) of

7 the Export Administration Act of 1979 (50 U.S.C.

8 App. 2415(4)).

9 (17) UNITED STATES MUNITIONS LIST.—The

10 term ‘‘United States Munitions List’’ means the list

11 referred to in section 38(a)(1) of the Arms Export

12 Control Act (22 U.S.C. 2778(a)(1)).

13 SEC. 703. DECLARATION OF POLICY.

14 Congress declares that, at a time of evolving threats

15 and changing relationships with other countries, United

16 States strategic export controls are in urgent need of a

17 comprehensive review in order to assure such controls are

18 achieving their intended purposes of protecting the na19 tional security interests of the United States in the Global

20 War on Terrorism and of promoting the foreign policy

21 purposes of the United States, in particular by assuring

22 that—

23 (1) export license procedures are properly de24 signed to prioritize readily which exports may be ap25 proved quickly for United States friends and allies


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1 and which require greater scrutiny in order to safe2 guard national interests;

3 (2) technology related to the military superi4 ority of the United States Armed Forces is safe5 guarded during and after export to a high level of

6 confidence; and

7 (3) overlapping and duplicative functions

8 among the responsible departments and agencies of

9 the Government of the United States are consoli10 dated and integrated wherever appropriate in order

11 to enhance efficiency, information sharing, and the

12 consistent execution of United States policy.

13 Subtitle B—Revising and Strength14 ening Strategic Export Control

15 Policies

16 SEC. 711. AMENDMENTS TO THE STATE DEPARTMENT

17 BASIC AUTHORITIES ACT OF 1956.

18 (a) UNDER SECRETARY FOR ARMS CONTROL AND

19 INTERNATIONAL SECURITY.—Section 1(b)(2) of the State

20 Department Basic Authorities Act of 1956 (22 U.S.C.

21 2651a(b)(2)) is amended—

22 (1) in the first sentence, by striking ‘‘There’’

23 and inserting the following:

24 ‘‘(A) IN GENERAL.—There’’; and


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1 (2) by adding at the end the following new sub2 paragraph:

3 ‘‘(B) DUTIES.—The Under Secretary for

4 Arms Control and International Security shall

5 be responsible for—

6 ‘‘(i) coordinating and executing a

7 United States strategy for strengthening

8 multilateral export controls;

9 ‘‘(ii) coordinating the activities of all

10 bureaus and offices of the Department of

11 State that have responsibility for export

12 control policy, licensing, or assistance; and

13 ‘‘(iii) serving as the chairperson of the

14 Strategic Export Control Board established

15 under section 712 of the Strategic Export

16 Control and Security Assistance Act of

17 2005.’’.

18 (b) DEPUTY UNDER SECRETARY FOR STRATEGIC

19 EXPORT CONTROL .—Section 1(b)(2) of the State Depart20 ment Basic Authorities Act of 1956 (22 U.S.C.

21 2651a(b)(2)), as amended by subsection (a), is further

22 amended by adding at the end the following new subpara23 graph:

24 ‘‘(C) DEPUTY UNDER SECRETARY FOR

25 STRATEGIC EXPORT CONTROL.—There shall be


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1 in the Department of State a Deputy Under

2 Secretary for Strategic Export Control who

3 shall have primary responsibility to assist the

4 Under Secretary for Arms Control and Inter5 national Security in carrying out the responsi6 bility of the Under Secretary described in sub7 paragraph(B)(iii).’’.

8 (c) DEFENSE TRADE CONTROLS REGISTRATION

9 FEES.—Section 45 of the State Department Basic Au10 thorities Act of 1956 (22 U.S.C. 2717) is amended—

11 (1) in paragraph (2), by striking ‘‘and’’ at the

12 end;

13 (2) in paragraph (3), by striking the period at

14 the end and inserting ‘‘; and’’; and

15 (3) by adding at the end the following new

16 paragraph:

17 ‘‘(4) functions of the Strategic Export Control

18 Board established under section 712 of the Strategic

19 Export Control and Security Assistance Act of

20 2005.’’.

21 SEC. 712. STRATEGIC EXPORT CONTROL BOARD.

22 (a) ESTABLISHMENT.—There is established a Stra23 tegic Export Control Board (hereinafter in this section re24 ferred to as the ‘‘Board’’). The Board shall consist of rep25 resentatives from the Department of Commerce, the DeVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00376 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 partment of Defense, the Department of Homeland Secu2 rity, the Department of Justice, the National Security

3 Council, the intelligence community (as defined in section

4 3(4) of the National Security Act of 1947 (50 U.S.C.

5 401a(4)), and other appropriate departments and agencies

6 of the Government of the United States, and the Under

7 Secretary for Arms Control and International Security of

8 the Department of State. The Under Secretary for Arms

9 Control and International Security shall serve as the

10 chairperson of the Board.

11 (b) FUNCTIONS.—The Board shall—

12 (1) conduct a comprehensive review of United

13 States strategic export controls in the context of the

14 Global War on Terrorism in order to strengthen con15 trols by regulation, where appropriate, and to formu16 late legislative proposals for any new authorities that

17 are needed for counter-terrorism purposes;

18 (2) develop a strategy for ensuring a high level

19 of confidence in the export control of any items im20 portant to the current and future military superi21 ority of the United States Armed Forces, including

22 in particular the security of sensitive software

23 through the use of tamper-resistant security soft24 ware and other emerging technologies;


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1 (3) design standards and best practices for in2 formation assurance and protection for the robust

3 information technology systems, such as virtual pri4 vate networks, already utilized by United States de5 fense firms in the conduct of their export control

6 regulated activities with foreign partners, which can

7 also gain the support of United States friends and

8 allies;

9 (4) formulate, with the assistance of the United

10 States defense industry and the support of United

11 States friends and allies, an automated international

12 delivery confirmation system for commercial ship13 ments of lethal and other high risk items in order

14 to afford improved protection against attempts to

15 disrupt international supply chains or to divert sen16 sitive items to gray arms markets;

17 (5) prepare recommendations for the President

18 and Congress, as appropriate, with respect to—

19 (A) the consolidation of overlapping or du20 plicative functions among the responsible de21 partments and agencies of the Government of

22 the United States in such areas as enforcement,

23 end use monitoring, export licensing, watch

24 lists, and related areas;


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1 (B) the cost-savings associated with inte2 gration of export licensing staffs and the pro3 mulgation of integrated export control regula4 tions; and

5 (C) the resultant rationalization of budg6 etary resources to be authorized among the re7 sponsible departments and agencies of the

8 United States Government;

9 (6) establish the necessary departmental and

10 inter-agency controls that will ensure legitimate ex11 ports by United States business organizations can be

12 readily identified and generally approved within 10

13 days, but no later than 30 days in more complex

14 cases, except in unusual circumstances, such as

15 those requiring congressional notification or foreign

16 government assurances;

17 (7) review and revise, where appropriate, plans

18 for modernizing information technology systems of

19 the relevant departments and agencies of the Gov20 ernment of the United States involved in export li21 censing, export enforcement, and screening of in22 volved private parties to ensure efficient, reliable,

23 and secure intra-governmental networks, at the ear24 liest practicable date among the relevant departVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00379 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 ments and agencies and United States exporters;

2 and

3 (8) develop a strategy for strengthening the

4 multilateral control regimes or developing new re5 gimes, as appropriate, to augment or supplement ex6 isting international arrangements.

7 (c) REPORT BY COMPTROLLER GENERAL.—Not later

8 than one year, two years, and three years after the date

9 of the enactment of this Act, the Comptroller General of

10 the United States shall submit to the appropriate congres11 sional committees a report that contains—

12 (1) an independent assessment of progress

13 made by the Board in carrying out its functions

14 under paragraphs (1) through (8) of subsection (b);

15 (2) the budgetary impact of each of the rec16 ommendations prepared under subsection (b)(5) and

17 any additional recommendations prepared by the

18 Comptroller General and the budgetary impact of

19 such recommendations; and

20 (3) a certification as to whether the Comp21 troller General had access to sufficient information

22 to enable the Comptroller General to make informed

23 judgments on the matters covered by the report.


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1 Subtitle C—Procedures Relating to

2 Export Licenses

3 SEC. 721. TRANSPARENCY OF JURISDICTIONAL DETER4 MINATIONS.

5 (a) DECLARATION OF POLICY.—Congress declares

6 that the complete confidentiality surrounding several thou7 sand commodity classification determinations made each

8 year by the Department of Commerce pursuant to the Ex9 port Administration Regulations and several hundred

10 commodity jurisdiction determinations made each year by

11 the Department of State pursuant to the International

12 Traffic in Arms Regulations is not necessary to protect

13 legitimate proprietary interests of persons or their prices

14 and customers, is not in the best interests of the security

15 and foreign policy interests of the United States, is incon16 sistent with the need to ensure a level playing field for

17 United States exporters, and detracts from United States

18 efforts to promote greater transparency and responsibility

19 by other countries in their export control systems.

20 (b) PUBLICATION REQUIREMENT.—The Secretary of

21 Commerce and the Secretary of State shall—

22 (1) upon making a commodity classification de23 termination or a commodity jurisdiction classifica24 tion, as the case may be, referred to in subsection

25 (a) in response to a request by a private person,


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1 publish in the Federal Register, not later than 30

2 days after the date of the determination—

3 (A) a description of the item, including

4 performance levels or other technical character5 istics where appropriate,

6 (B) an explanation of whether the item is

7 controlled under the International Traffic in

8 Arms Regulations or the Export Administration

9 Regulations, and

10 (C) the United States Munitions List des11 ignation or export control classification number

12 under which the item has been designated or

13 classified, as the case may be,

14 except that the name of the name of the person, the

15 person’s business organization, customers, or prices

16 are not required to be published; and

17 (2) maintain on their respective Internet

18 websites an archive, that is accessible to the general

19 public and other departments and agencies of the

20 United States, of the determinations published in

21 the Federal Register under paragraph (1).

22 (c) REPORT.—Not later than 120 days after the date

23 of the enactment of this Act, the Secretary of State and

24 the Secretary of Commerce shall submit to the appropriate

25 congressional committees a joint report that contains a deVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00382 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 scription of the plans to implement the requirements of

2 this section.

3 (d) REQUIREMENT.—Notwithstanding any other pro4 vision of law, beginning 180 days after the date of the

5 enactment of this Act, the Secretary of Commerce may

6 make a commodity classification determination referred to

7 in subsection (a), and the Secretary of State may make

8 a commodity jurisdiction determination referred to in sub9 section (a), in response to a request by a private person

10 only in in accordance with the requirements of subsection

11 (b).

12 SEC. 722. CERTIFICATIONS RELATING TO EXPORT OF CER13 TAIN DEFENSE ARTICLES AND DEFENSE

14 SERVICES.

15 (a) REPORTS ON COMMERCIAL AND GOVERNMENTAL

16 MILITARY EXPORTS; CONGRESSIONAL ACTION.—Section

17 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c))

18 is amended—

19 (1) in the first sentence of paragraph (1), by

20 inserting after ‘‘$1,000,000 or more’’ the following:

21 ‘‘, or, notwithstanding section 27(g) of this Act, for

22 any special comprehensive authorization under sec23 tions 120–130 of title 22, Code of Federal Regula24 tions (commonly known as the ‘ International Traf25 fic in Arms Regulations’) for the export of defense


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1 articles or defense services in an aggregate amount

2 of $100,000,000 or more’’;

3 (2) in paragraph (2)—

4 (A) in subparagraph (A), by adding ‘‘and’’

5 at the end;

6 (B) by striking subparagraph (B); and

7 (C) by redesignating subparagraph (C) as

8 subparagraph (B); and

9 (3) in the matter preceding subparagraph (A)

10 of paragraph (5), by inserting ‘‘or paragraph (2)’’

11 after ‘‘paragraph (1)’’.

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Department of State should revise its proce14 dures in order to improve the timeliness and quality of

15 service it is providing to United States exporters con16 cerning matters requiring notification to Congress under

17 sections 3 and 36 of the Arms Export Control Act (22

18 U.S.C. 2753 and 2776) by—

19 (1) expediting its internal and interagency proc20 esses such that consultations with the Committee on

21 International Relations of the House of Representa22 tives and the Committee on Foreign Relations of the

23 Senate commence not later than 30 days following

24 receipt of a proposal requiring notification;


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1 (2) providing informal notice to such Commit2 tees within 10 days of receipt of such a proposal,

3 such that questions by the Committees may be ad4 dressed wherever feasible in conjunction with the

5 Department’s processing; and

6 (3) making each interval in the processing of

7 the proposal transparent to United States exporters

8 through the Internet website of the Department.

9 SEC. 723. PRIORITY FOR UNITED STATES MILITARY OPER10 ATIONS.

11 The Secretary of State may not accord higher priority

12 in the adjudication of munitions export licenses to any

13 measure included within the ‘‘Defense Trade Security Ini14 tiative’’ announced by the Department of State in May

15 2000 over the processing of licenses in support of Oper16 ation Enduring Freedom, Operation Iraqi Freedom, or

17 any other military operation involving the United States

18 Armed Forces.

19 SEC. 724. LICENSE OFFICER STAFFING AND WORKLOAD.

20 Section 36(a) Arms Export Control Act (22 U.S.C.

21 2776(a)) is amended—

22 (1) in paragraph (11), by striking ‘‘and’’ at the

23 end;

24 (2) in paragraph (12), by striking the period at

25 the end and inserting ‘‘; and’’; and


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1 (3) by adding at the end the following new

2 paragraph:

3 ‘‘(13) a report on the number of civilian and

4 military officers assigned to munitions export licens5 ing at the Department of State and their average

6 weekly workload for both open and closed cases.’’.

7 SEC. 725. DATABASE OF UNITED STATES MILITARY ASSIST8 ANCE.

9 Section 655 of the Foreign Assistance Act of 1961

10 (22 U.S.C. 2415) is amended by striking subsection (c)

11 and inserting the following new subsection:

12 ‘‘(c) AVAILABILITY OF REPORT INFORMATION ON

13 THE INTERNET.—

14 ‘‘(1) REQUIREMENT FOR DATABASE.—The Sec15 retary of State, in consultation with the Secretary of

16 Defense, shall make available to the public the un17 classified portion of each such report in the form of

18 a database that is available via the Internet and that

19 may be searched by various criteria.

20 ‘‘(2) SCHEDULE FOR UPDATING.—Not later

21 than April 1 of each year, the Secretary of State

22 shall make available in the database the information

23 contained in the annual report for the fiscal year

24 ending the previous September 30.’’.


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1 SEC. 726. TRAINING AND LIAISON FOR SMALL BUSINESSES.

2 (a) SENSE OF CONGRESS.—It is the sense of Con3 gress that it is increasingly important that the Secretary

4 of State, in administering the licensing, registration, com5 pliance, and other authorities contained in section 38 of

6 the Arms Export Control Act (22 U.S.C. 2778), should

7 provide up-to-date training and other educational assist8 ance to small businesses in the United States aerospace

9 and defense industrial sector.

10 (b) SMALL BUSINESS LIAISON.—Not later than 180

11 days after the date of the enactment of this Act, the Sec12 retary shall designate, within the Office of Defense Trade

13 Controls of the Department of State, a coordinator for

14 small business affairs. The coordinator shall serve as a

15 liaison for small businesses in the United States aerospace

16 and defense industrial sector with respect to licensing and

17 registration requirements in order to facilitate the compli18 ance and other forms of participation by such small busi19 nesses in the United States munitions control system, in20 cluding by providing training, technical assistance, and

21 through other efforts as may be appropriate.

22 SEC. 727. COMMERCIAL COMMUNICATIONS SATELLITE

23 TECHNICAL DATA.

24 Not later than 180 days after the date of the enact25 ment of this Act, the Secretary of State, in consultation

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1 national Traffic in Arms Regulations to provide for the

2 export without a license of communications satellite tech3 nical data, at a level established by the Secretary of De4 fense, in instances in which—

5 (1) the exporter is a person registered under

6 section 38(b) of the Arms Export Control Act (22

7 U.S.C. 2778(b));

8 (2) the purpose of the export is to market a

9 sale of a United States manufactured communica10 tions satellite solely for commercial or civil end use;

11 (3) no party to the transaction is proscribed

12 under section 126.1 of the Regulations or otherwise

13 restricted from receiving United States defense arti14 cles; and

15 (4) each end user or recipient has agreed in

16 writing not to reexport or retransfer the United

17 States furnished technical data to any other person

18 without the prior written consent of the United

19 States Government.

20 SEC. 728. REPORTING REQUIREMENT FOR UNLICENSED EX21 PORTS.

22 Section 655(b) of the Foreign Assistance Act of 1961

23 (22 U.S.C. 2415(b)) is amended—

24 (1) in paragraph (2), by striking ‘‘or’’ at the

25 end;


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1 (2) in paragraph (3), by striking the period at

2 the end and inserting ‘‘; or’’; and

3 (3) by adding at the end the following:

4 ‘‘(4) were exported without a license under sec5 tion 38 of the Arms Export Control Act (22 U.S.C.

6 2778) pursuant to an exemption established under

7 the International Traffic in Arms Regulations, other

8 than defense articles exported in furtherance of a

9 letter of offer and acceptance under the Foreign

10 Military Sales program or a technical assistance or

11 manufacturing license agreement, including the spe12 cific exemption provision in the regulation under

13 which the export was made.’’.

14 Subtitle D—Terrorist-Related Pro15 visions and Enforcement Mat16 ters

17 SEC. 731. SENSITIVE TECHNOLOGY TRANSFERS TO FOR18 EIGN PERSONS LOCATED WITHIN THE

19 UNITED STATES.

20 (a) WEAPONS TRANSFERS.—Pursuant to regulations

21 issued under section 38(g)(6) of the Arms Export Control

22 (22 U.S.C. 2778(g)(6)), the President shall require a li23 cense for the transfer of any defense articles and defense

24 services, other than a firearm for personal use, specified

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1 son located within the United States (other than to a for2 eign government, unless such government is proscribed

3 under section 126.1 of the International Traffic in Arms

4 Regulations or otherwise restricted from receiving defense

5 articles and defense services).

6 (b) DUAL USE TRANSFERS.—Notwithstanding any

7 other provision of law, the President may require a license

8 under the Export Administration Regulations for the

9 transfer of any dual use goods and technology, other than

10 a firearm for personal use, specified in a report required

11 under subsection (c) to a foreign person located within the

12 United States.

13 (c) REPORT.—Not later than 180 days after the date

14 of the enactment of this Act, and annually thereafter, the

15 Secretary of State, in consultation with the Attorney Gen16 eral and the Secretary of Homeland Security, shall submit

17 to the appropriate congressional committees a report that

18 specifies those items which warrant scrutiny and enforce19 ment by the Government of the United States through li20 cense procedures prior to a transfer to a foreign person

21 located within the United States in order to deter efforts

22 on the part of such person to acquire such items for ter23 rorist or other unlawful purposes


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1 SEC. 732. CERTIFICATION CONCERNING EXEMPT WEAPONS

2 TRANSFERS ALONG THE NORTHERN BORDER

3 OF THE UNITED STATES.

4 Not later than 180 days after the date of the enact5 ment of this Act, and annually thereafter, the Secretary

6 of State, in consultation with the Secretary of Homeland

7 Security, shall submit to the appropriate congressional

8 committees a written report certifying that—

9 (1) provisions of the International Traffic in

10 Arms Regulations permitting unlicensed temporary

11 imports into the United States from Canada by any

12 person of any unclassified defense article on the

13 United States Munitions List do not present a risk

14 to the national security of the United States; and

15 (2) personnel of the Bureau of Customs and

16 Border Protection of the Department of Homeland

17 Security located along the northern border of the

18 United States have adequate written guidance from

19 the Department of State which permits them to ef20 fectively enforce provisions of the International Traf21 fic in Arms Regulations permitting unlicensed ex22 ports to Canada of certain items on the United

23 States Munitions List.

24 SEC. 733. COMPREHENSIVE NATURE OF UNITED STATES

25 ARMS EMBARGOES.

26 (a) FINDINGS; SENSE OF CONGRESS.—


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1 (1) FINDINGS.—Congress finds that—

2 (A) governments to which the Government

3 of the United States prohibits by law or policy

4 the transfer of implements of war, including

5 material, components, parts, and other defense

6 articles and defense services (as defined in

7 paragraphs (3) and (4) of section 47 of the

8 Arms Export Control Act (22 U.S.C. 2794(3)

9 and (4)), respectively) continue to seek to evade

10 these embargoes through increasingly sophisti11 cated illegal acquisitions via the ‘‘international

12 gray arms market’’ and by seeking to exploit

13 weaknesses in the export control system of the

14 United States and its friends and allies; and

15 (B) the strict and comprehensive applica16 tion of arms embargoes referred to in subpara17 graph (A), including those embargoes estab18 lished by the United Nations Security Council,

19 is of fundamental importance to the security

20 and foreign policy interests of the United

21 States.

22 (2) SENSE OF CONGRESS.—It is the sense of

23 Congress that the United States Government should

24 continue to provide a leadership role internationally


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1 in ensuring the effectiveness of arms embargoes re2 ferred to in paragraph (1).

3 (b) SCOPE OF EMBARGOES.—Section 38 of the Arms

4 Export Control Act (22 U.S.C. 2778) is amended by add5 ing at the end the following:

6 ‘‘(k) Whenever the United States maintains an arms

7 embargo pursuant to United States law, or through public

8 notice by the President or Secretary of State pursuant to

9 the authorities of this Act, no defense article or defense

10 service subject to sections 120–130 of title 22, Code of

11 Federal Regulations (commonly known as the ‘Inter12 national Traffic in Arms Regulations’) and no dual use

13 good or technology subject to sections 730–774 of title 15,

14 Code of Federal Regulations (commonly known as the ‘Ex15 port Administration Regulations’) shall be sold or trans16 ferred to the military, intelligence or other security forces

17 of the embargoed government, including any associated

18 governmental agency, subdivision, entity, or other person

19 acting on their behalf, unless, at a minimum and without

20 prejudice to any additional requirements established in

21 United States law or regulation, the Secretary of State

22 and the Secretary of Defense have concurred in the sale

23 or transfer through issuance of a license.’’.

24 (c) ESTABLISHMENT OF CONTROLS.—The Secretary

25 of State shall consult with the Secretary of Commerce to


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1 ensure the establishment of appropriate foreign policy and

2 national security controls and license requirements under

3 the Export Administration Regulations in order to ensure

4 the effective implementation of section 38(k) of the Arms

5 Export Control Act, as added by subsection (b).

6 (d) REPORT.—Not later than 120 days after the date

7 of the enactment of this Act, the Secretary of State shall

8 submit to the appropriate congressional committees a re9 port that describes the actions taken to implement the re10 quirements of subsection (c).

11 SEC. 734. CONTROL OF ITEMS ON MISSILE TECHNOLOGY

12 CONTROL REGIME ANNEX.

13 (a) SENSE OF CONGRESS.—It is the sense of Con14 gress that all proposals to export or transfer to foreign

15 persons by other means, whether in the United States or

16 abroad, and any other activities subject to regulation

17 under section 38, 39, or 40 of the Arms Export Control

18 Act (22 U.S.C. 2778, 2779, or 2780), relating to items

19 on the Missile Technology Control Regime Annex, should

20 be accorded stringent control and scrutiny consistent with

21 the purposes of section 71 of the Arms Export Control

22 Act (22 U.S.C. 2797).

23 (b) CONTROL OF ITEMS ON MTCR ANNEX.—The

24 Secretary of State, in coordination with the Secretary of

25 Commerce, the Attorney General, and the Secretary of DeVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00394 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 fense, shall ensure that all items on the MTCR Annex are

2 subject to stringent control by the Government of the

3 United States pursuant to the International Traffic in

4 Arms Regulations and the Export Administration Regula5 tions.

6 (c) CERTIFICATION.—Not later than March 1 of each

7 year, the Secretary of State, in coordination with the Sec8 retary of Commerce, the Attorney General and the Sec9 retary of Defense, shall prepare and submit to the appro10 priate congressional committees a report that contains—

11 (1) a certification that the requirement of sub12 section (b) has been met for the prior year, or if the

13 requirement has not been met, the reasons therefor;

14 and

15 (2) a description of the updated coverage, if

16 any, of the regulations referred to in subsection (b)

17 with respect to all items on the MTCR Annex and

18 an explanation of any areas of overlap or omissions,

19 if any, among the regulations.

20 SEC. 735. UNLAWFUL USE OF UNITED STATES DEFENSE AR21 TICLES.

22 (a) INELIGIBILITY FOR TERRORIST RELATED

23 TRANSACTIONS.—Section 3(c)(1) of the Arms Export

24 Control Act (22 U.S.C. 2753(c)(1)) is amended—


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1 (1) in each of subparagraphs (A) and (B), by

2 striking ‘‘or any predecessor Act,’’ and inserting ‘‘,

3 any predecessor Act, or licensed or approved under

4 section 38 of this Act, to carry out a transaction

5 with a country, the government of which the Sec6 retary of State has determined is a state sponsor of

7 international terrorism for purposes of section

8 6(j)(1) of the Export Administration Act of 1979

9 (50 U.S.C. App. 2405(j)(1)), or otherwise uses such

10 defense articles or defense services’’; and

11 (2) by adding at the end the following:

12 ‘‘(C) In this section, the term ‘transaction’

13 means the taking of any action, directly or indi14 rectly, by a foreign country that would be a

15 transaction prohibited by section 40 of this Act

16 with respect to the United States Government

17 and United States persons.’’.

18 (b) REPORTING REQUIREMENT.—Section 3(e) of the

19 Arms Export Control Act (22 U.S.C. 2753(e)) is amended

20 by inserting after ‘‘the Foreign Assistance Act of 1961,’’

21 the following: ‘‘regardless of whether the article or service

22 has been sold or otherwise furnished by the United States

23 Government or licensed under section 38 of this Act,’’.


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1 Subtitle E—Strengthening United

2 States Missile Nonproliferation

3 Law

4 SEC. 741. PROBATIONARY PERIOD FOR FOREIGN PERSONS.

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, upon the expiration, or the granting of a waiv7 er, on or after January 1, 2003, of sanctions against a

8 foreign person imposed under section 73(a) of the Arms

9 Export Control Act (22 U.S.C. 2797b(a)) or under section

10 11B(b)(1) of the Export Administration Act of 1979 (50

11 U.S.C. App. 2410b(b)(1)), as continued in effect under

12 the International Emergency Economic Powers Act, a li13 cense shall be required, for a period of not less than 3

14 years, for the export to that foreign person of all items

15 controlled for export under section 5 or 6 of the Export

16 Administration Act of 1979 (50 U.S.C. App. 2404, 2405),

17 as continued in effect under the International Emergency

18 Economic Powers Act, in accordance with the Export Ad19 ministration Regulations.

20 (b) TERMINATION.—Subsection (a) shall not apply to

21 a foreign person 30 days after the President notifies the

22 Committee on International Relations of the House of

23 Representatives and the Committee on Banking, Housing

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1 tions of the Senate that the President has determined

2 that—

3 (1) the foreign person has—

4 (A) ceased all activity related to the origi5 nal imposition of sanctions under section 73(a)

6 of the Arms Export Control Act or section

7 11B(b)(1) of the Export Administration Act of

8 1979, as the case may be; and

9 (B) has instituted a program of trans10 parency measures under which the United

11 States will be able to verify, for a period of at

12 least 3 years, that the foreign person is not en13 gaging in prohibited activities under those pro14 visions of law referred to in paragraph (1); and

15 (2) there has been an appropriate resolution of

16 the original violation or violations, such as financial

17 penalties, incarceration, destruction of prohibited

18 items, or other appropriate measures taken to pre19 vent a recurrence of the violation or violations.

20 (c) WAIVER.—Subsection (a) shall not apply to a for21 eign person if—

22 (1) the President issues a waiver of sanctions

23 imposed upon that person under section 73(a) of the

24 Arms Export Control Act or under section

25 11B(b)(1) of the Export Administration Act of


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1 1979, on the basis that the waiver is essential to the

2 national security of the United States;

3 (2) the President designates the waiver as clas4 sified information (as defined in section 606 of the

5 National Security Act of 1947 (50 U.S.C. 426));

6 and

7 (3) the President transmits to the committees

8 referred to in subsection (b)—

9 (A) a justification for designating the waiv10 er as classified information; and

11 (B) a description of—

12 (i) any discussions with the foreign

13 person, concerning the activities that were

14 the subject of the sanctions, that have been

15 conducted by United States Government

16 officials, or by officials of the government

17 of the country that has jurisdiction over

18 the foreign person or in which the foreign

19 person conducted such activities; and

20 (ii) any actions that the foreign per21 son, or the government of the country that

22 has jurisdiction over the foreign person or

23 in which the foreign person conducted the

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1 tions, has taken to prevent a recurrence of

2 the same or similar activities.

3 SEC. 742. STRENGTHENING UNITED STATES MISSILE PRO4 LIFERATION SANCTIONS ON FOREIGN PER5 SONS.

6 (a) ARMS EXPORT CONTROL ACT.—Section 73(a)(2)

7 of the Arms Export Control Act (22 U.S.C. 2797b(a)(2))

8 is amended by striking ‘‘2 years’’ each place it appears

9 and inserting ‘‘4 years’’.

10 (b) PUBLIC INFORMATION.—Section 73(e)(2) of the

11 Arms Export Control Act (22 U.S.C. 2797b(e)(2)) is

12 amended by adding at the end the following new sentence:

13 ‘‘Such report may be classified only to the extent nec14 essary to protect intelligence sources and methods. If the

15 report is so classified, the President shall make every ef16 fort to acquire sufficient alternative information that

17 would allow a subsequent unclassified version of the report

18 to be issued.’’.

19 (c) EXPORT ADMINISTRATION ACT OF 1979.—Any

20 sanction imposed on a foreign person under section

21 11B(b)(1) of the Export Administration Act of 1979 (50

22 U.S.C. App. 2410b(b)(1)), as continued in effect under

23 the International Emergency Economic Powers Act, shall

24 be in effect for a period of 4 years beginning on the date

25 on which the sanction was imposed.


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1 (d) APPLICABILITY.—The amendments made by sub2 sections (a) and (b) and the provisions of subsection (c)

3 shall apply to all sanctions imposed under section 73(a)

4 of the Arms Export Control Act or section 11B(b)(1) of

5 the Export Administration Act of 1979, as continued in

6 effect under the International Emergency Economic Pow7 ers Act, by reason of acts giving rise to such sanctions

8 that were committed by foreign persons on or after Janu9 ary 1, 2004.

10 SEC. 743. COMPREHENSIVE UNITED STATES MISSILE PRO11 LIFERATION SANCTIONS ON ALL RESPON12 SIBLE FOREIGN PERSONS.

13 (a) ARMS EXPORT CONTROL ACT.—Section 73(a) of

14 the Arms Export Control Act (22 U.S.C. 2797b(a)) is

15 amended by adding at the end the following new para16 graph:

17 ‘‘(3)(A) Sanctions imposed upon a foreign person

18 under paragraph (2) shall also be imposed on any govern19 mental entity that the President determines exercises ef20 fective control over, benefits from, or directly or indirectly

21 facilitates the activities of that foreign person.

22 ‘‘(B) When a sanction is imposed on a foreign person

23 under paragraph (2), the President may also impose that

24 sanction on any other person or entity that the President

25 has reason to believe has or may acquire prohibited items


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1 with the intent to transfer to that foreign person, or pro2 vide to that foreign person access to, such items. In this

3 subparagraph, ‘prohibited items’ are items that may not

4 be exported to that foreign person on account of the sanc5 tion imposed on that foreign person.

6 ‘‘(C) The President may also prohibit, for such period

7 of time as the President may determine, any transaction

8 or dealing, by a United States person or within the United

9 States, with any foreign person on whom sanctions have

10 been imposed under this subsection.

11 ‘‘(D) The President shall report on an annual basis

12 to the Committee on International Relations of the House

13 of Representatives and the Committee on Foreign Rela14 tions of the Senate the identity of any foreign person that

15 engages in any transaction or activity with a foreign per16 son on whom sanctions have been imposed under this sub17 section that either—

18 ‘‘(i) would be the basis for imposing sanctions

19 under subparagraph (B) but for which sanctions

20 have not been imposed; or

21 ‘‘(ii) would be the basis for imposing sanctions

22 under subparagraph (C) if the transaction or activity

23 had been carried out by a United States person or

24 by a person in the United States.


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1 Such report shall be unclassified to the maximum extent

2 feasible, but may include a classified annex.’’.

3 (b) DEFINITION OF PERSON.—Section 74(a)(8)(A) of

4 the Arms Export Control Act (22 U.S.C. 2797c(a)(8)(A))

5 is amended to read as follows:

6 ‘‘(8)(A) The term ‘person’ means—

7 ‘‘(i) a natural person;

8 ‘‘(ii) a corporation, business associa9 tion, partnership, society, trust,

10 transnational corporation, or transnational

11 joint venture, any other nongovernmental

12 entity, organization, or group, and any

13 governmental entity;

14 ‘‘(iii) any subsidiary, subunit, or par15 ent entity of any business enterprise or

16 other organization or entity listed in clause

17 (ii); and

18 ‘‘(iv) any successor of any business

19 enterprise or other organization or entity

20 listed in clause (ii) or (iii); and’’.

21 (c) EXPORT ADMINISTRATION ACT OF 1979.—

22 (1) SANCTIONS IMPOSED ON GOVERNMENTAL

23 ENTITIES.—Any sanction imposed on a foreign per24 son under section 11B(b)(1)(B) of the Export Ad25 ministration Act of 1979 (50 U.S.C. App.


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1 2410b(b)(1)(B)), as continued in effect under the

2 International Emergency Economic Powers Act (in

3 this subsection referred to as a ‘‘dual use sanction’’),

4 shall also be imposed on any governmental entity

5 that the President determines exercises effective con6 trol over, benefits from, or directly or indirectly fa7 cilitates the activities of that foreign person.

8 (2) OTHER ENTITIES.—When a dual use sanc9 tion is imposed on a foreign person, the President

10 may also impose that sanction on any other person

11 or entity that the President has reason to believe

12 has or may acquire prohibited items with the intent

13 to transfer to that foreign person, or provide to that

14 foreign person access to, such items. In this para15 graph, ‘‘prohibited items’’ are items that may not be

16 exported to that foreign person on account of the

17 dual use sanction imposed on that foreign person.

18 (3) TRANSACTIONS BY THIRD PARTIES.—The

19 President may also prohibit, for such period of time

20 as he may determine, any transaction or dealing, by

21 a United States person or within the United States,

22 with any foreign person on whom dual use sanctions

23 have been imposed.

24 (4) REPORT.—The President shall submit on

25 an annual basis to the Committee on International


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1 Relations of the House of Representatives and the

2 Committee on Banking, Housing and Urban Affairs

3 and the Committee on Foreign Relations of the Sen4 ate a report that contains the identity of any foreign

5 person that engages in any transaction or activity

6 with a foreign person on whom dual use sanctions

7 have been imposed that either—

8 (A) would be the basis for imposing dual

9 use sanctions under paragraph (2) but for

10 which such sanctions have not been imposed; or

11 (B) would be the basis for imposing dual

12 use sanctions under paragraph (3) if the trans13 action or activity had been carried out by a

14 United States person or by a person in the

15 United States.

16 Such report shall be unclassified to the maximum

17 extent feasible, but may include a classified annex.

18 (5) DEFINITIONS.—In this subsection:

19 (A) MISSILE EQUIPMENT OR TECH20 NOLOGY.—The term ‘‘missile equipment or

21 technology’’ has the meaning given that term in

22 section 11B(c) of the Export Administration

23 Act of 1979 (50 U.S.C. App. 2410b(c)).

24 (B) PERSON.—

25 (i) THE TERM ‘‘PERSON’’ MEANS.—


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1 (I) a natural person;

2 (II) a corporation, business asso3 ciation, partnership, society, trust,

4 transnational corporation, or

5 transnational joint venture, any other

6 nongovernmental entity, organization,

7 or group, and any governmental enti8 ty;

9 (III) any subsidiary, subunit, or

10 parent entity of any business enter11 prise or other organization or entity

12 listed in subclause (II); and

13 (IV) any successor of any busi14 ness enterprise or other organization

15 or entity listed in subclause (II) or

16 (III).

17 (ii) In the case of countries where it

18 may be impossible to identify a specific

19 governmental entity referred to in clause

20 (i), the term ‘‘person’’ means

21 (I) all activities of that govern22 ment relating to the development or

23 production of any missile equipment

24 or technology; and


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1 (II) all activities of that govern2 ment affecting the development or

3 production of aircraft, electronics, and

4 space systems or equipment.

5 (C) UNITED STATES PERSON.—The term

6 ‘‘United States person’’ has the meaning given

7 that term in section 16(2) of the Export Ad8 ministration Act of 1979 (50 U.S.C. App.

9 2415(2)).

10 (d) EFFECTIVE DATE.—The amendments made by

11 subsections (a) and (b) shall apply with respect to sanc12 tions imposed on or after January 1, 2004, on foreign per13 sons under section 73(a)(2) of the Arms Export Control

14 Act, and the provisions of subsection (c) shall apply with

15 respect to sanctions imposed on or after January 1, 2004,

16 on foreign persons under section 11B(b)(1) of the Export

17 Administration Act of 1979 (50 U.S.C. App.

18 2410b(b)(1)), as continued in effect under the Inter19 national Emergency Economic Powers Act.

20 Subtitle F—Security Assistance

21 and Related Provisions

22 SEC. 751. AUTHORITY TO TRANSFER NAVAL VESSELS TO

23 CERTAIN FOREIGN COUNTRIES.

24 (a) AUTHORITY TO TRANSFER BY GRANT.—The

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1 tries on a grant basis under section 516 of the Foreign

2 Assistance Act of 1961 (22 U.S.C. 2321j), as follows:

3 (1) GREECE.—To the Government of Greece,

4 the OSPREY class minehunter coastal ship PELI5 CAN (MHC–53).

6 (2) EGYPT.—To the Government of Egypt, the

7 OSPREY class minehunter coastal ships CAR8 DINAL (MHC–60) and RAVEN (MHC–61).

9 (3) PAKISTAN.—To the Government of Paki10 stan, the SPRUANCE class destroyer ship

11 FLETCHER (DD–992).

12 (4) TURKEY.—To the Government of Turkey,

13 the SPRUANCE class destroyer ship CUSHING

14 (DD–985).

15 (b) AUTHORITY TO TRANSFER BY SALE.—The Presi16 dent is authorized to transfer vessels to foreign countries

17 on a sale basis under section 21 of the Arms Export Con18 trol Act (22 U.S.C. 2761), as follows:

19 (1) INDIA.—To the Government of India, the

20 AUSTIN class amphibious transport dock ship

21 TRENTON (LPD–14).

22 (2) GREECE.—To the Government of Greece,

23 the OSPREY class minehunter coastal ship HERON

24 (MHC–52).


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1 (3) TURKEY.—To the Government of Turkey,

2 the SPRUANCE class destroyer ship O’BANNON

3 (DD–987).

4 (c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

5 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value

6 of a vessel transferred to another country on a grant basis

7 pursuant to authority provided by subsection (a) shall not

8 be counted against the aggregate value of excess defense

9 articles transferred to countries in any fiscal year under

10 section 516(g) of the Foreign Assistance Act of 1961 (22

11 U.S.C. 2321j(g)).

12 (d) COSTS OF TRANSFERS.—Any expense incurred by

13 the United States in connection with a transfer authorized

14 under subsection (a) or (b) shall be charged to the recipi15 ent.

16 (e) REPAIR AND REFURBISHMENT IN UNITED

17 STATES SHIPYARDS.—To the maximum extent prac18 ticable, the President shall require, as a condition of the

19 transfer of a vessel under this section, that the country

20 to which the vessel is transferred have such repair or re21 furbishment of the vessel as is needed, before the vessel

22 joins the naval forces of that country, performed at a ship23 yard located in the United States, including a United

24 States Navy shipyard.


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1 (f) EXPIRATION OF AUTHORITY.—The authority to

2 transfer a vessel under this section shall expire at the end

3 of the two-year period beginning on the date of the enact4 ment of this Act.

5 SEC. 752. TRANSFER OF OBSOLETE AND SURPLUS ITEMS

6 FROM KOREAN WAR RESERVES STOCKPILE

7 AND REMOVAL OR DISPOSAL OF REMAINING

8 ITEMS.

9 (a) TRANSFER OF ITEMS IN KOREAN STOCKPILE.—

10 (1) AUTHORITY.—Notwithstanding section 514

11 of the Foreign Assistance Act of 1961 (22 U.S.C.

12 2321h), the President is authorized to transfer to

13 the Republic of Korea, in return for concessions to

14 be negotiated by the Secretary of Defense, any or all

15 of the items described in paragraph (2).

16 (2) COVERED ITEMS.—The items referred to in

17 paragraph (1) are munitions, equipment, and mate18 riel such as tanks, trucks, artillery, mortars, general

19 purpose bombs, repair parts, barrier material, and

20 ancillary equipment, if such items are—

21 (A) obsolete or surplus items;

22 (B) in the inventory of the Department of

23 Defense;

24 (C) intended for use as reserve stocks for

25 the Republic of Korea; and


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1 (D) as of the date of the enactment of this

2 Act, located in a stockpile in the Republic of

3 Korea.

4 (3) VALUATION OF CONCESSIONS.—(A) The

5 value of concessions negotiated pursuant to para6 graph (1) shall be at least equal to—

7 (i) the fair market value of the items

8 transferred; minus

9 (ii) the savings to the Department of De10 fense of the cost of removal of the items from

11 the Republic of Korea and disposal of the items

12 that would have been incurred by the Depart13 ment but for the transfer of the items pursuant

14 to paragraph (1), not to exceed the fair market

15 value of the items transferred.

16 (B) The concessions may include cash com17 pensation, service, waiver of charges otherwise pay18 able by the United States, such as charges for demo19 lition of United States-owned or United States-in20 tended munitions, and other items of value.

21 (4) PRIOR NOTIFICATIONS OF PROPOSED

22 TRANSFERS.—Not less than 30 days before making

23 a transfer under the authority of this subsection, the

24 President shall transmit to the Committees on

25 Armed Services and International Relations of the


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1 House of Representatives and the Committees on

2 Armed Services and Foreign Relations of the Senate

3 a detailed notification of the proposed transfer,

4 which shall include an identification of the items to

5 be transferred and the concessions to be received.

6 (5) TERMINATION OF AUTHORITY.—No transfer

7 may be made under the authority of this subsection

8 more than three years after the date of the enact9 ment of this Act.

10 (b) REMOVAL OR DISPOSAL OF REMAINING ITEMS IN

11 KOREAN STOCKPILE.—The President shall provide for the

12 removal or disposal of all items described in subsection

13 (a)2) that are not transferred pursuant to the authority

14 of subsection (a) by not later than four years after the

15 date of the enactment of this Act.

16 SEC. 753. EXTENSION OF PAKISTAN WAIVERS.

17 The Act entitled ‘‘An Act to authorize the President

18 to exercise waivers of foreign assistance restrictions with

19 respect to Pakistan through September 30, 2003, and for

20 other purposes’’, approved October 27, 2001 (Public Law

21 107–57; 115 Stat. 403), is amended—

22 (1) in section 1(b)—

23 (A) in the heading, by striking ‘‘FISCAL

24 YEARS 2005 AND 2006’’ and inserting ‘‘FISCAL

25 YEARS 2006 AND 2007’’; and


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1 (B) in paragraph (1), by striking ‘‘2005 or

2 2006’’ and inserting ‘‘2006 or 2007’’;

3 (2) in section 3(2), by striking ‘‘and 2006’’ and

4 inserting ‘‘2006, and 2007’’; and

5 (3) in section 6, by striking ‘‘2006’’ and insert6 ing ‘‘2007’’.

7 SEC. 754. REPORTING REQUIREMENT FOR FOREIGN MILI8 TARY TRAINING.

9 Subsection (a)(1) of section 656 of the Foreign As10 sistance Act of 1961 (22 U.S.C. 2416) is amended—

11 (1) by striking ‘‘January 31’’ and inserting

12 ‘‘March 1’’; and

13 (2) by striking ‘‘and all such training proposed

14 for the current year’’.

15 SEC. 755. CERTAIN SERVICES PROVIDED BY THE UNITED

16 STATES IN CONNECTION WITH FOREIGN

17 MILITARY SALES.

18 (a) QUALITY ASSURANCE, INSPECTION, CONTRACT

19 ADMINISTRATION, AND CONTRACT AUDIT DEFENSE

20 SERVICES.—Section 21(h)(1)(A) of the Arms Export Con21 trol Act (22 U.S.C. 2761(h)(1)(A)) is amended by insert22 ing after ‘‘North Atlantic Treaty Organization’’ the fol23 lowing: ‘‘or the Governments of Australia, New Zealand,

24 Japan, or Israel’’.


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1 (b) CATALOGING DATA AND SERVICES.—Section

2 21(h)(2) of the Arms Export Control Act (22 U.S.C.

3 2761(h)(2)) is amended by striking ‘‘or to any member

4 government of that Organization if that Organization or

5 member government’’ and inserting ‘‘, to any member of

6 that Organization, or to the Governments of Australia,

7 New Zealand, Japan, or Israel if that Organization, mem8 ber government, or the Governments of Australia, New

9 Zealand, Japan, or Israel’’.

10 SEC. 756. MARITIME INTERDICTION PATROL BOATS FOR

11 MOZAMBIQUE.

12 (a) IN GENERAL.—Of the amounts made available to

13 carry out section 23 of the Arms Export Control Act for

14 fiscal year 2006, there is authorized to be appropriated

15 $1,000,000 for refurbishment, delivery, operational train16 ing, and related costs associated with the provision of not

17 more than four excess coastal patrol boats to the Govern18 ment of Mozambique for maritime patrol and interdiction

19 activities.

20 (b) AVAILABILITY.—Amounts appropriated pursuant

21 to the authorization of appropriations under subsection (a)

22 are authorized to remain available until September 30,

23 2007.


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1 SEC. 757. REIMBURSEMENT FOR INTERNATIONAL MILI2 TARY EDUCATION AND TRAINING.

3 Section 541 of the Foreign Assistance Act of 1961

4 (22 U.S.C. 2347) is amended—

5 (1) in the first sentence, by striking ‘‘The

6 President’’ and inserting ‘‘(a) The President’’; and

7 (2) by adding at the end the following new sub8 section:

9 ‘‘(b) The President shall seek reimbursement for mili10 tary education and training furnished under this chapter

11 from countries using assistance under section 23 of the

12 Arms Export Control Act (22 U.S.C. 2763; relating to the

13 the Foreign Military Financing Program) to purchase

14 such military education and training at a rate comparable

15 to the rate charged to countries receiving grant assistance

16 for military education and training under this chapter.’’.

17 TITLE VIII—FOREIGN

18 ASSISTANCE PROVISIONS

19 SEC. 801. AMENDMENTS TO THE TIBETAN POLICY ACT OF

20 2002.

21 (a) BILATERAL ASSISTANCE.—Section 616 of the Ti22 betan Policy Act of 2002 (Public Law 107–228; 22 U.S.C.

23 6901 note) is amended—

24 (1) by redesignating subsection (d) as sub25 section (e); and


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1 (2) by inserting after subsection (c) the fol2 lowing new subsection:

3 ‘‘(d) UNITED STATES ASSISTANCE.—

4 ‘‘(1) ASSISTANCE.—The President shall provide

5 grants to nongovernmental organizations to support

6 sustainable economic development, cultural preserva7 tion, health care, education, and environmental sus8 tainability projects for Tibetans inside Tibet that are

9 designed in accordance with the principles contained

10 in subsection (e).

11 ‘‘(2) ROLE OF SPECIAL COORDINATOR.—The

12 United States Special Coordinator for Tibetan

13 Issues (established under section 621(a)) shall re14 view and approve all projects carried out pursuant to

15 paragraph (1).

16 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

17 There are authorized to be appropriated to the

18 President to carry out this subsection $6,000,000

19 for fiscal year 2006 and $8,000,000 for fiscal year

20 2007.’’.

21 (b) LANGUAGE TRAINING.— Section 619 of the Ti22 betan Policy Act of 2002 (Public Law 107–228; 22 U.S.C.

23 6901 note) is amended to read as follows:

24 ‘‘The Secretary shall ensure at least one Foreign Service

25 officer assigned to a United States post in the People’s


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1 Republic of China responsible for monitoring develop2 ments in Tibet has at least six months of Tibetan lan3 guage training prior to taking up such assignment at such

4 post, unless such officer possesses equivalent fluency. If

5 the Secretary determines that training resources and tim6 ing permit, such officer shall receive one year of such

7 training.’’.

8 (c) SPECIAL COORDINATOR FOR TIBETAN ISSUES.—

9 Section 621 of the Tibetan Policy Act of 2002 (Public

10 Law 107–228; 22 U.S.C. 6901 note) is amended by add11 ing at the end the following new subsection:

12 ‘‘(e) PERSONNEL.—The Secretary shall assign dedi13 cated personnel to the Office of the Special Coordinator

14 for Tibetan Issues sufficient to assist in the management

15 of the responsibilities of this section and section

16 616(d)(2).’’.

17 SEC. 802. SUPPORT FOR PRO-DEMOCRACY AND HUMAN

18 RIGHTS ORGANIZATIONS IN CERTAIN COUN19 TRIES.

20 Section 620A(a) of the Foreign Assistance Act of

21 1961 (22 U.S.C. 2371(a)) is amended by adding at the

22 end the following new sentence: ‘‘The prohibition con23 tained in the preceding sentence shall not apply with re24 spect to assistance under part I (including chapter 4 of

25 part II) of this Act provided in support of programs of


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1 a pro-democracy or human rights organization located or

2 operating in a country described in such sentence, if, at

3 least 30 days before obligating funds for such assistance,

4 the Secretary of State notifies (in classified or unclassified

5 form) the congressional committees specified in section

6 634A(a) of this Act in accordance with the procedures ap7 plicable to reprogramming notifications under that section

8 that the pro-democracy or human rights organization op9 poses the use of terrorism, supports democracy and re10 spect for human rights, including the equality of women

11 and ethnic and religious minorities, and supports freedoms

12 of the press, speech, association, and religion.’’.

13 SEC. 803. AMENDMENTS TO THE AFGHANISTAN FREEDOM

14 SUPPORT ACT OF 2002.

15 (a) DECLARATION OF POLICY.—It shall be the policy

16 of the United States to—

17 (1) assist Afghanistan in the preparation of

18 parliamentary elections which are currently sched19 uled to take place on September 18, 2005;

20 (2) urge donor governments and institutions to

21 provide significant financial support to support the

22 United Nations Assistance Mission in Afghanistan

23 (UNAMA) in carrying out such parliamentary elec24 tions;


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1 (3) assist legitimate and recognized parliamen2 tary candidates and future elected parliamentary of3 ficials in carrying out the responsibilities and duties

4 of their elected offices; and

5 (4) assist Afghanistan in the preparation for fu6 ture presidential and parliamentary elections.

7 (b) PURPOSES OF ASSISTANCE.—Section 102 of the

8 Afghanistan Freedom Support Act of 2002 (22 U.S.C.

9 7512) is amended—

10 (1) by redesignating paragraphs (5) through

11 (9) as paragraphs (7) through (11), respectively;

12 and

13 (2) by inserting after paragraph (4) the fol14 lowing new paragraphs:

15 ‘‘(5) to ensure that parliamentary and presi16 dential elections in Afghanistan are carried out in a

17 free, fair, and transparent manner;

18 ‘‘(6) to provide assistance to legitimate and rec19 ognized parliamentary candidates and future elected

20 parliamentary officials in Afghanistan to better edu21 cate such candidates and officials on parliamentary

22 procedures, anticorruption, transparency, and good

23 governance;’’.


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1 (c) ACTIVITIES SUPPORTED.—Section 103(a)(5)(C)

2 of the Afghanistan Freedom Support Act of 2002 (22

3 U.S.C. 7513(a)(5)(C)) is amended—

4 (1) by striking clauses (iii) and (iv);

5 (2) by redesignating clauses (v) through (vii) as

6 clauses (xi) through (xiii), respectively;

7 (3) by inserting after clause (ii) the following

8 new clauses:

9 ‘‘(iii) programs to promote com10 prehensive public information campaigns,

11 including nationwide voter and civic edu12 cation, for the public, candidates, and po13 litical parties, and special efforts with re14 spect to provinces in which small percent15 ages of women voted in the October 2004

16 presidential elections;

17 ‘‘(iv) programs to accelerate disar18 mament, demobilization, and reintegration

19 processes to ensure that candidates and

20 political groups are not influenced or sup21 ported by armed militias;

22 ‘‘(v) programs to support the registra23 tion of new voters and the preparation of

24 voter rolls;


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1 ‘‘(vi) programs to support the vetting

2 process of candidates for the parliamentary

3 elections to ensure that such candidates

4 are eligible under the relevant Afghan elec5 tion requirements;

6 ‘‘(vii) programs to educate legitimate

7 and recognized parliamentary candidates

8 on campaign procedures and processes;

9 ‘‘(viii) capacity-building programs and

10 advanced professional training programs

11 for senior Afghan Government officials and

12 future elected parliamentary officials in

13 matters related to parliamentary proce14 dures, anti-corruption, accountability to

15 constituencies, transparency, good govern16 ance, and other matters related to demo17 cratic development;

18 ‘‘(ix) exchange programs to bring to

19 the United States future elected par20 liamentary officials and senior officials of

21 legitimate and recognized political parties

22 for educational activities regarding legisla23 tive procedures, debate, and general cam24 paign and legislative instruction;


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1 ‘‘(x) programs to support nongovern2 mental organizations and other civil society

3 organizations that will assist in civil and

4 voter education programs and overall de5 mocracy development programs; ’’;

6 (4) in clause (xii) (as redesignated), by striking

7 ‘‘and’’ at the end;

8 (5) in clause (xiii) (as redesignated), by striking

9 the period at the end and inserting ‘‘; and’’; and

10 (6) by adding at the end the following new

11 clause:

12 ‘‘(xiv) other similar activities con13 sistent with the purposes set forth in sub14 section (a).’’.

15 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

16 103(a)(5)(C) of the Afghanistan Freedom Support Act of

17 2002 (22 U.S.C. 7513(a)(5)(C)), as amended by sub18 section (b), is further amended—

19 (1) in the matter preceding clause (i), by strik20 ing ‘‘To support’’ and inserting ‘‘(i) To support’’;

21 (2) by redesignating clauses (i) through (xiv) as

22 subclauses (I) through (XIV), respectively; and

23 (3) by adding at the end the following new

24 clause:


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1 ‘‘(ii) Of the amounts made available for

2 each of the fiscal years 2006 and 2007 to carry

3 out chapter 1 of part I of the Foreign Assist4 ance Act of 1961 and chapter 4 of part II of

5 such Act, $50,000,000 for each such fiscal year

6 is authorized to be available to the President to

7 carry out subclauses (III) through (X) of clause

8 (i). ’’.

9 (e) SENSE OF CONGRESS.—It is the sense of Con10 gress that the President should take all necessary and ap11 propriate steps to encourage all donor governments and

12 institutions to provide full financial and logistical support

13 to the United Nations Assistance Mission in Afghanistan

14 (UNAMA) to carry out the parliamentary elections in Af15 ghanistan, which are currently scheduled to take place on

16 September 18, 2005, so as to—

17 (1) ensure the parliamentary elections are le18 gitimate and free from influence, intimidation, and

19 violence by local militia leaders and illicit narcotics

20 terrorist organizations;

21 (2) make certain that all Afghans who want to

22 vote may do so and may be educated about their

23 choice in parliamentary candidates;

24 (3) provide that all legitimate and recognized

25 parliamentary candidates and officials of legitimate


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1 and recognized political parties are informed and

2 educated on campaign procedures and processes;

3 (4) provide that future parliamentary officials

4 and senior officials of legitimate and recognized po5 litical parties are informed and educated on the leg6 islative procedures and process through exchange

7 programs; and

8 (5) assure sufficient funds for deployment of

9 international observers for the upcoming parliamen10 tary elections and future presidential and parliamen11 tary elections.

12 SEC. 804. ASSISTANCE TO PROMOTE DEMOCRACY AND

13 HUMAN RIGHTS IN VIETNAM.

14 (a) FINDING.—Congress finds that the Socialist Re15 public of Vietnam is a one-party state, ruled and con16 trolled by the Communist Party of Vietnam, which con17 tinues to deny the right of citizens to change their govern18 ment, prohibits independent political, labor, and social or19 ganizations, and continues to commit serious human

20 rights violations, including the detention and imprison21 ment of persons for the peaceful expression of dissenting

22 religious and political views.

23 (b) POLICY.—It is the policy of the United States—

24 (1) to limit United States nonhumanitarian as25 sistance provided to the Government of Vietnam, not


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1 to exceed the amount so provided for fiscal year

2 2005, unless Vietnam makes substantial progress to3 ward releasing political and religious prisoners, re4 specting religious freedom, allowing open access to

5 the United States for its refugee program, respect6 ing the rights of ethnic minorities in the Central

7 Highlands, and ensuring that it is not acting in

8 complicity with organizations engaged in the traf9 ficking of human persons; and

10 (2) to ensure that programs of educational and

11 cultural exchange with Vietnam actively promote

12 progress towards freedom and democracy in Vietnam

13 by ensuring that Vietnamese nationals who have al14 ready demonstrated a commitment to these values

15 are included in such programs.

16 (c) DEFINITION.—In this section, the term ‘‘United

17 States nonhumanitarian assistance’’ means—

18 (1) any assistance under the Foreign Assistance

19 Act of 1961 (including programs under title IV of

20 chapter 2 of part I of such Act, relating to the Over21 seas Private Investment Corporation), other than—

22 (A) disaster relief assistance, including any

23 assistance under chapter 9 of part I of such

24 Act;


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1 (B) assistance which involves the provision

2 of food (including monetization of food) or med3 icine;

4 (C) assistance for refugees; and

5 (D) assistance to combat HIV/AIDS, in6 cluding any assistance under section 104A of

7 such Act; and

8 (2) sales, or financing on any terms, under the

9 Arms Export Control Act.

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated $2,000,000 for nec12 essary expenses to fund nongovernmental organizations

13 and organizations that promote democracy and inter14 nationally recognized human rights in Vietnam.

15 SEC. 805. ECONOMIC SUPPORT FUNDS FOR VENEZUELA.

16 There are authorized to be appropriated to the Presi17 dent $9,000,000 for each of the fiscal years 2006 and

18 2007 for assistance under chapter 4 of part II of the For19 eign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relat20 ing to the ‘‘Economic Support Fund’’) to fund activities

21 which support political parties, the rule of law, civil soci22 ety, an independent media, and otherwise promote demo23 cratic, accountable governance in Venezuela.


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1 SEC. 806. ASSISTANCE TO SUPPORT DEMOCRACY IN

2 ZIMBABWE.

3 Of the amounts made available for each of the fiscal

4 years 2006 and 2007 to carry out chapters 1 and 10 of

5 part I of the Foreign Assistance Act of 1961 and chapter

6 4 of part II of such Act, $12,000,000 for each such fiscal

7 year is authorized to be available, consistent with the pro8 visions of the Zimbabwe Democracy and Economic Recov9 ery Act of 2001 (Public Law 107–99; 22 U.S.C. 2151

10 note), to support—

11 (1) the restoration of democratic legitimacy and

12 foster a free and fair electoral process in Zimbabwe,

13 particularly through legislative process training for

14 members of Parliament;

15 (2) capacity building for civil society organiza16 tions to effectively provide information on the polit17 ical process to citizens, defend the legal rights of mi18 norities, women and youth, document the level of ad19 herence by the Government of Zimbabwe to national

20 and international civil and human rights standards,

21 and monitor and report on the entire electoral proc22 ess in Zimbabwe;

23 (3) organizational capacity-building training for

24 political parties in Zimbabwe;

25 (4) poll watcher training for party and civil so26 ciety election observers in Zimbabwe; and


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1 (5) the reestablishment of independent media

2 through overseas broadcasts and Internet sites.

3 SEC. 807. SUPPORT FOR FAMINE RELIEF IN ETHIOPIA.

4 (a) DEMONSTRATION INSURANCE PROJECT.—The

5 Secretary of State is authorized to make a United States

6 voluntary contribution to the United Nations World Food

7 Program to establish and carry out a demonstration insur8 ance project in the Federal Democratic Republic of Ethi9 opia using weather derivatives to transfer the risk of cata10 strophic drought resulting in famine from vulnerable sub11 sistence farmers to international capital markets for the

12 purpose of protecting vulnerable subsistence farmers

13 against income and asset losses during natural disasters.

14 (b) REPORT.—Not later than one year and two years

15 after the date of the enactment of this Act, the Secretary

16 shall submit to the appropriate congressional committees

17 a report on the implementation of the project referred to

18 in subsection (a).

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to the Secretary to carry

21 out this section up to $4,000,000 for fiscal year 2006.

22 SEC. 808. INTER-ARAB DEMOCRATIC CHARTER.

23 (a) STRATEGY.—The Secretary of State, acting

24 through the Assistant Secretary for Democracy, Human

25 Rights, and Labor, and in consultation with the Assistant


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1 Secretary for Near East Affairs and the Assistant Sec2 retary for Western Hemisphere Affairs, shall develop and

3 implement a strategy to—

4 (1) support, including through the provision of

5 technical assistance, efforts to establish an Inter6 Arab Democratic Charter to promote human rights

7 and democracy in the Near East region; and

8 (2) support and promote coordination among

9 human rights organizations, pro-democracy advo10 cates, and civil society members from both the Near

11 East region and the Western Hemisphere to assist

12 in efforts to establish the Inter-Arab Democratic

13 Charter referred to in paragraph (1).

14 (b) REPORT.—Section 665(c) of the Foreign Rela15 tions Authorization Act, Fiscal Year 2003 (Public Law

16 107–228; 22 U.S.C. 2151n note) is amended by inserting

17 after the first sentence the following new sentence: ‘‘As

18 part of such separate report, the Secretary shall include

19 information on efforts by the Department of State to de20 velop and implement the strategy to support efforts to es21 tablish an Inter-Arab Democratic Charter pursuant to sec22 tion 708(a) of the Foreign Relations Authorization Act,

23 Fiscal Years 2006 and 2007.’’.

24 (c) FUNDING.—Of the amounts made available for

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1 ter 4 of part II of the Foreign Assistance Act of 1961

2 (22 U.S.C. 2346 et seq.; relating to the ‘‘Economic Sup3 port Fund’’), including amounts made available to carry

4 out the Human Rights and Democracy Fund and the Mid5 dle East Partnership Initiative, such sums as may be nec6 essary for each such fiscal year is authorized to be avail7 able to the Secretary to carry out this section and the

8 amendments made by this section.

9 SEC. 809. MIDDLE EAST PARTNERSHIP INITIATIVE.

10 (a) FUNDING.—Of the amounts made available for

11 each of the fiscal years 2006 and 2007 to carry out chap12 ter 4 of part II of the Foreign Assistance Act of 1961

13 (22 U.S.C. 2346 et seq.; relating to the ‘‘Economic Sup14 port Fund’’), such sums as may be necessary for each such

15 fiscal year is authorized to be available to the Secretary

16 of State to carry out programs and activities of the Middle

17 East Partnership Initiative.

18 (b) REQUIREMENT.—Not less than 50 percent of

19 amounts made available for each of the fiscal years 2006

20 and 2007 to carry out the Middle East Partnership Initia21 tive shall be used to—

22 (1) strengthen civil society, particularly non23 governmental organizations, and expand female and

24 minority participation in the political, economic, and


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1 educational sectors of countries participating in the

2 Initiative; and

3 (2) strengthen the rule of law and promote

4 democratic values and institutions, particularly

5 through—

6 (A) developing and implementing stand7 ards for free and fair election in countries par8 ticipating in the Initiative; and

9 (B) supporting inter-regional efforts to

10 promote democracy in countries under authori11 tarian rule, including through the Community

12 of Democracies and Forum for the Future.

13 SEC. 810. ASSISTANCE TO PROMOTE DEMOCRACY IN

14 BELARUS.

15 Of the amounts made available for each of the fiscal

16 years 2006 and 2007 to carry out chapters 11 and 12

17 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.

18 2295 et seq. and 2296 et seq.) and the FREEDOM Sup19 port Act (22 U.S.C. 5801 et seq.), $12,000,000 for each

20 such fiscal year is authorized to be available for assistance

21 for the promotion of democracy in the Republic of Belarus,

22 including free and fair electoral processes, the develop23 ment of political parties and nongovernmental organiza24 tions, promoting democracy and respect for human rights

25 and the rule of law, independent media, and international


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1 exchanges and training programs for leaders and members

2 of the democratic forces that foster civil society.

3 SEC. 811. REQUIREMENTS RELATING TO ECONOMIC SUP4 PORT FUND ASSISTANCE FOR EGYPT.

5 (a) FINDINGS.—Congress finds the following:

6 (1) Despite more than $28 billion in economic

7 assistance provided by the United States to Egypt

8 since 1975, Egypt’s economy and educational sys9 tems are underdeveloped and democratic develop10 ment remains extremely limited. Egypt remains near

11 the bottom of many indices of growth and human

12 development.

13 (2) Egypt’s economic troubles, if not addressed

14 through programs to develop Egypt’s private sector,

15 could destabilize the country.

16 (3) United States programs to promote growth

17 in Egypt, including traditional development assist18 ance as well as programs that attempt to link dis19 bursement of cash assistance to the adoption of eco20 nomic reforms by the Government of Egypt, have

21 had, at best, mixed success.

22 (4) The United States has provided more than

23 $32 billion in military assistance to Egypt since

24 1979.


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1 (5) Egypt is currently at peace with all its

2 neighbors.

3 (6) Egypt and the United States entered into

4 an agreement in March 2005, whereby Egypt under5 took to accomplish certain reform-oriented policies

6 primarily related to its financial sector, and the

7 United States undertook, subject to its constitu8 tional processes, to provide Egypt with cash assist9 ance. This program of financial reform is important

10 and should continue, supported by assistance in the

11 form of cash transferred from the United States, but

12 not in amounts in excess of amounts already agreed

13 to and not for lesser policy reforms than have al14 ready been agreed to.

15 (7) The model of an agreement for policy

16 change between the United States and Egypt, simi17 lar but not identical to, the concept of a ‘‘Millen18 nium Challenge’’ compact that emphasizes perform19 ance and outcomes, would be a way to reinvigorate

20 a program for the development of the Egyptian

21 economy that has languished for years, and would

22 give more Egyptians a stake in the proper planning

23 and execution of programs to assist in their coun24 try’s development.


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1 (b) STATEMENT OF POLICY.—It shall be the policy

2 of the United States—

3 (1) to acknowledge that—

4 (A) threats to Egypt’s stability derive far

5 more from domestic problems, such as inad6 equate economic growth, deficient educational

7 and health-care systems, and lack of political

8 freedom, than from external dangers; and

9 (B) external threats to Egyptian stability

10 are, in fact, minimal;

11 (2) to provide non-military assistance to Egypt

12 which results in actual, sustainable, and, to the ex13 tent possible, measurable outcomes in terms of eco14 nomic growth, poverty reduction, humanitarian con15 ditions, health, education, and political reform;

16 (3) to restructure Egypt’s assistance package

17 over time so as to diminish military assistance and

18 end the reduction of economic assistance and to

19 begin the process of this restructuring without delay;

20 and

21 (4) to ensure that this restructuring is done in

22 such a manner that ensures that maintenance and

23 spare parts for existing Egyptian military equipment

24 is not jeopardized and that Egyptian military pur25 chases and projects to which the United States has


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1 already committed itself be funded fully in accord2 ance with previous understandings.

3 (c) AMENDMENT TO THE FOREIGN ASSISTANCE ACT

4 OF 1961.—

5 (1) IN GENERAL.—Chapter 4 of part II of the

6 Foreign Assistance Act of 1961 (22 U.S.C. 2346 et

7 seq; relating to the ‘‘Economic Support Fund’’) is

8 amended by inserting after section 534 the following

9 new section:

10 ‘‘SEC. 535. REQUIREMENTS RELATING TO ASSISTANCE FOR

11 EGYPT.

12 ‘‘(a) REQUIREMENT FOR ASSISTANCE.—Assistance

13 may be provided for Egypt under this chapter for a fiscal

14 year only if Egypt provides to the United States for the

15 fiscal year a proposal described in subsection (b) that is

16 evaluated and approved in accordance with subsection (c).

17 ‘‘(b) PROPOSAL.—

18 ‘‘(1) IN GENERAL.—A proposal described in

19 this subsection is a proposal that reflects Egyptian

20 priorities to use assistance provided under this chap21 ter to meet the requirements of paragraph (2).

22 ‘‘(2) REQUIREMENTS.—The requirements de23 scribed in this paragraph are—

24 ‘‘(A) promoting economic growth (includ25 ing economic freedom);


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1 ‘‘(B) reducing poverty;

2 ‘‘(C) improving humanitarian conditions

3 among the poorest individuals in Egypt;

4 ‘‘(D) improving education and health sys5 tems for the people of Egypt;

6 ‘‘(E) reducing corruption in the public and

7 private sectors; and

8 ‘‘(F) strengthening democratic institutions

9 and individual freedoms.

10 ‘‘(c) EVALUATION AND APPROVAL OF PROPOSAL.—

11 ‘‘(1) EVALUATION.—The President, acting

12 through the Secretary of State, and in consultation

13 with the Secretary of the Treasury, the United

14 States Trade Representative, and the Administrator

15 of the United States Agency for International Devel16 opment, shall evaluate the proposal provided to the

17 United States pursuant to subsection (a) to deter18 mine the extent to which the proposal meets the re19 quirements of subparagraphs (A) through (F) of

20 subsection (b)(2).

21 ‘‘(2) APPROVAL.—The President shall approve

22 the proposal only if the President determines that—

23 ‘‘(A) the proposal sufficiently meets the re24 quirements of subparagraphs (A) through (F)

25 of subsection (b)(2) in a manner that achieves,


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1 in particular, lasting economic growth and pov2 erty reduction and substantially strengthened

3 democratic institutions and individual freedoms;

4 and

5 ‘‘(B) the Government of Egypt—

6 ‘‘(i) has adopted and implemented re7 forms necessary to implement the proposal;

8 ‘‘(ii) has implemented the proposal

9 provided to the United States and ap10 proved for the prior fiscal year in accord11 ance with the requirements of subpara12 graphs (A) through (F) of subsection

13 (b)(2); and

14 ‘‘(iii) has demonstrated high stand15 ards of fiduciary controls and account16 ability with respect to assistance provided

17 for Egypt under this chapter.

18 ‘‘(d) SUSPENSION AND TERMINATION OF ASSIST19 ANCE.—The President, acting through the Secretary of

20 State, may suspend or terminate assistance in whole or

21 in part for Egypt under this chapter if the President de22 termines that the Government of Egypt is not imple23 menting the proposal in accordance with the requirements

24 of subparagraphs (A) through (F) of subsection (b)(2).

25 ‘‘(e) CASH ASSISTANCE.—


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1 ‘‘(1) REQUIREMENT.—Notwithstanding any

2 other provision of this section, cash assistance may

3 be provided to Egypt under this chapter for a fiscal

4 year pursuant to the memorandum of understanding

5 specified in paragraph (2) only if a proposal pro6 vided to the United States pursuant to subsection

7 (a) for the fiscal year has been evaluated and ap8 proved in accordance with subsection (c).

9 ‘‘(2) MEMORANDUM OF UNDERSTANDING.—The

10 memorandum of understanding specified in this

11 paragraph is the memorandum of understanding

12 agreed to by the Government of the United States

13 and the Government of Egypt in March 2005, in14 cluding any modification to the memorandum of un15 derstanding, except—

16 ‘‘(A) a modification to increase the

17 amounts of assistance agreed to be provided

18 under the memorandum of understanding; or

19 ‘‘(B) a modification to reduce significantly

20 the scope of, or to extend significantly the time

21 for, the performance by Egypt of obligations

22 that it has undertaken under the memorandum

23 of understanding.

24 ‘‘(f) CONGRESSIONAL NOTIFICATION.—Assistance

25 may not be obligated for Egypt under this chapter until


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1 30 days after the date on which the President has pro2 vided notice thereof to the Committee on International Re3 lations and the Committee on Appropriations of the House

4 of Representatives and to the Committee on Foreign Rela5 tions and the Committee on Appropriations of the Senate

6 in accordance with the procedures applicable to re7 programming notifications under section 634A(a) of this

8 Act.

9 ‘‘(g) REPORT.—The President, acting through the

10 Secretary of State, shall prepare and transmit to the Com11 mittee on International Relations of the House of Rep12 resentatives and the Committee on Foreign Relations of

13 the Senate a report for each fiscal year that contains—

14 ‘‘(1) the proposal provided to the United States

15 pursuant to subsection (a) for the fiscal year; and

16 ‘‘(2) the evaluation of the proposal carried out

17 pursuant to subsection (c)(1).

18 ‘‘(h) RULE OF CONSTRUCTION.—The provisions of

19 this section shall not be superseded except by a provision

20 of law enacted after the date of the enactment of the For21 eign Relations Authorization Act, Fiscal Years 2006 and

22 2007, which specifically repeals, modifies, or supersedes

23 the provisions of this section.’’.

24 (2) EFFECTIVE DATE.—The amendment made

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1 ance for Egypt under chapter 4 of part II of the

2 Foreign Assistance Act of 1961 for fiscal year 2007

3 and each subsequent fiscal year.

4 (d) MILITARY ASSISTANCE LEVELS FOR EGYPT;

5 TRANSFER REQUIREMENT.—The following amounts avail6 able for assistance for Egypt under section 23 of Arms

7 Export Control Act (22 U.S.C. 2763; relating to the ‘‘For8 eign Military Financing’’ program) shall be transferred to

9 and consolidated with amounts available for assistance for

10 Egypt under chapter 4 of part II of the Foreign Assist11 ance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the

12 ‘‘Economic Support Fund’’):

13 (1) For fiscal year 2006, the amount that ex14 ceeds $1,260,000,000.

15 (2) For fiscal year 2007, the amount that ex16 ceeds $1,220,000,000.

17 (3) For fiscal year 2008, the amount that ex18 ceeds $1,180,000,000.

19 (e) CASH-FLOW FINANCING FOR EGYPT.—As soon as

20 practicable after the date of the enactment of this Act,

21 the President shall modify the program of cash-flow fi22 nancing for Egypt under section 23 of the Arms Export

23 Control Act (22 U.S.C. 2763; relating to the ‘‘Foreign

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1 poses of the policy set forth in paragraphs (3) and (4)

2 of subsection (b) of this section.

3 (f) TRANSFER OF CERTAIN INTEREST FOR EGYPT.—

4 For fiscal year 2006 and subsequent fiscal years, any in5 terest earned from amounts in an interest bearing account

6 for Egypt to which funds made available under section 23

7 of the Arms Export Control Act (22 U.S.C. 2763; relating

8 to the ‘‘Foreign Military Financing’’ program) are

9 disbursed—

10 (1) shall be transferred to and consolidated

11 with amounts available for assistance for the Middle

12 East Partnership Initiative under chapter 4 of part

13 II of the Foreign Assistance Act of 1961 (22 U.S.C.

14 2346 et seq.; relating to the ‘‘Economic Support

15 Fund’’); and

16 (2) shall be allocated for democracy and govern17 ance programs for Egypt, including direct support

18 for nongovernmental organizations.

19 SEC. 812. ASSISTANCE FOR MATERNAL AND PRENATAL

20 CARE FOR CERTAIN INDIVIDUALS OF

21 BELARUS AND UKRAINE INVOLVED IN THE

22 CLEANUP OF THE CHORNOBYL DISASTER.

23 Of the amounts made available for each of the fiscal

24 years 2006 and 2007 to carry out chapters 11 and 12

25 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.


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1 2295 et seq. and 2296 et seq.) and the FREEDOM Sup2 port Act (22 U.S.C. 5801 et seq.), such sums as may be

3 necessary for each such fiscal year are authorized to be

4 available for assistance to improve maternal and prenatal

5 care, especially for the purpose of helping prevent birth

6 defects and pregnancy complications, for individuals in the

7 Republic of Belarus and Ukraine involved in the cleanup

8 of the region affected by the Chornobyl disaster.

9 SEC. 813. ASSISTANCE FOR THE OFFICE OF THE OMBUDS10 MAN FOR NORTHERN IRELAND.

11 Of the amounts made available for each of the fiscal

12 years 2006 and 2007 to carry out section 481 of the For13 eign Assistance Act of 1961 (22 U.S.C. 2291), $100,000

14 for each such fiscal year is authorized to be available for—

15 (1) specialized investigative training, including

16 training in the United States, of personnel of the

17 Office of the Ombudsman for Northern Ireland; and

18 (2) advisory support to the Office of the Om19 budsman for Northern Ireland for the development

20 and strengthening of its institutional capacity and

21 its investigations of human rights abuses by the po22 lice.


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1 SEC. 814. ASSISTANCE TO ADDRESS NON-INFECTIOUS DIS2 EASES IN FOREIGN COUNTRIES.

3 (a) STATEMENT OF POLICY.—Congress declares the

4 following:

5 (1) Medical evidence indicates that non-infec6 tious diseases, like heart disease and obesity, are on

7 the rise worldwide.

8 (2) In response to these statistics, the current

9 allocation of funds appropriated to the United States

10 Agency for International Development for Child Sur11 vival and Maternal Health, Vulnerable Children,

12 HIV/AIDS, Infectious Diseases, Reproductive

13 Health and Family Planning, and the Global Fund

14 to Fight AIDS, Tuberculosis and Malaria does not

15 address non-infectious diseases.

16 (b) AUTHORIZATION OF ASSISTANCE.—The Presi17 dent, acting through the Administrator of the United

18 States Agency for International Development, is author19 ized to provide assistance, on such terms and conditions

20 as the President may determine, to address non-infectious

21 diseases in foreign countries.

22 SEC. 815. ASSISTANCE TO ESTABLISH CENTERS FOR THE

23 TREATMENT OF OBSTETRIC FISTULA IN DE24 VELOPING COUNTRIES.

25 (a) AMENDMENT.—Section 104(c) of the Foreign As26 sistance Act of 1961 (22 U.S.C. 2151b(c)) is amended—


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1 (1) by redesignating paragraph (4) as para2 graph (5); and

3 (2) by inserting after paragraph (3) the fol4 lowing new paragraph:

5 ‘‘(4)(A) In carrying out the purposes of this sub6 section, the President is authorized to furnish assistance,

7 on such terms and conditions as the President may deter8 mine, for the establishment and operation of not less than

9 twelve centers for the treatment of obstetric fistula at ap10 propriate sites in developing countries.

11 ‘‘(B) In selecting sites for the establishment of cen12 ters pursuant to subparagraph (A), the President should

13 seek the consultation and advice of United States embassy

14 officials, appropriate nongovernmental organizations, and

15 local government officials in developing countries with

16 high rates of obstetric fistula, with particular emphasis on

17 countries in Africa.

18 ‘‘(C) Each center established pursuant to subpara19 graph (A) shall, to the maximum extent practicable, carry

20 out the following activities:

21 ‘‘(i) The provision of surgery to repair obstetric

22 fistula in women who do not otherwise have the re23 sources to pay for such surgery and the provision of

24 necessary post-surgery care and support for such

25 women.


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1 ‘‘(ii) Assistance related to surgery and post-sur2 gery care and support described in clause (i), includ3 ing the provision of transportation to and from the

4 center for women in need of such transportation and

5 the provision of necessary temporary shelter and

6 food assistance to women in need of such shelter and

7 food assistance.

8 ‘‘(iii) Activities to reduce the incidence of ob9 stetric fistula, including the conduct of appropriate

10 seminars and the dissemination of appropriate edu11 cational materials, such as brochures, pamphlets,

12 and posters.

13 ‘‘(D) Each center established pursuant to subpara14 graph (A) shall, to the maximum extent practicable, en15 sure that women who suffer from obstetric fistula as a

16 result of sexual abuse during conflicts or as a result of

17 official abuse receive preference in receiving services de18 scribed in clauses (i) and (ii) of subparagraph (C).

19 ‘‘(E) Not later than January 31, 2008, the President

20 shall prepare and transmit to Congress a report on the

21 implementation of this paragraph for fiscal years 2006

22 and 2007.

23 ‘‘(F) In this paragraph, the term ‘obstetric fistula’

24 means a rupture or hole in tissues surrounding a woman’s

25 vagina, bladder, or rectum that occurs when the woman


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1 is in obstructed childbirth for a prolonged period of time

2 without adequate medical attention.’’.

3 (b) FUNDING.—Of the amounts made available for

4 each of the fiscal years 2006 and 2007 to carry out sec5 tions 104 and 496 of the Foreign Assistance Act of 1961

6 (22 U.S.C. 2151b and 2293), $5,000,000 for each such

7 fiscal year is authorized to be available to carry out section

8 104(c)(4) of such Act (as added by subsection (a)).

9 SEC. 816. WEST BANK AND GAZA PROGRAM.

10 (a) OVERSIGHT.—For each of the fiscal years 2006

11 and 2007, the Secretary of State shall certify to the appro12 priate congressional committees not later than 30 days

13 prior to the initial obligation of funds for the West Bank

14 and Gaza that procedures have been established to ensure

15 that the Comptroller General of the United States will

16 have access to appropriate United States financial infor17 mation in order to review the use of United States assist18 ance for the West Bank and Gaza funded under chapter

19 4 of part II of the Foreign Assistance Act of 1961 (22

20 U.S.C. 2346 et seq.; relating to the ‘‘Economic Support

21 Fund’’).

22 (b) VETTING.—Prior to any obligation of funds for

23 each of the fiscal years 2006 and 2007 to carry out chap24 ter 4 of part II of the Foreign Assistance Act of 1961

25 for assistance for the West Bank and Gaza, the Secretary


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1 of State shall take all appropriate steps to ensure that

2 such assistance is not provided to or through any indi3 vidual or entity that the Secretary knows, or has reason

4 to believe, advocates, plans, sponsors, engages in, or has

5 engaged in, terrorist activity. The Secretary of State shall,

6 as appropriate, establish procedures specifying the steps

7 to be taken in carrying out this subsection and shall termi8 nate assistance to any individual or entity which the Sec9 retary has determined advocates, plans, sponsors, or en10 gages in terrorist activity.

11 (c) PROHIBITION.—None of the funds made available

12 for each of the fiscal years 2006 and 2007 to carry out

13 chapter 4 of part II of the Foreign Assistance Act of 1961

14 for the West Bank and Gaza program may be made avail15 able for the purpose of recognizing or otherwise honoring

16 individuals who commit, or have committed, acts of ter17 rorism.

18 (d) AUDITS.—

19 (1) IN GENERAL.—The Administrator of the

20 United States Agency for International Development

21 shall ensure that independent audits of all contrac22 tors and grantees, and significant subcontractors

23 and subgrantees, under the West Bank and Gaza

24 Program, are conducted for each of the fiscal years


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1 2006 and 2007 to ensure, among other things, com2 pliance with this section.

3 (2) AUDITS BY INSPECTOR GENERAL OF

4 USAID.—Of the funds available for each of the fiscal

5 years 2006 and 2007 to carry out chapter 4 of part

6 II of the Foreign Assistance Act of 1961 that are

7 made available for assistance for the West Bank and

8 Gaza, up to $1,000,000 for each such fiscal year

9 may be used by the Office of the Inspector General

10 of the United States Agency for International Devel11 opment for audits, inspections, and other activities

12 in furtherance of the requirements of paragraph (1).

13 Such funds are in addition to funds otherwise avail14 able for such purposes.

15 (e) DEFINITION.—In this subsection, the term ‘‘ap16 propriate congressional committees’’ means—

17 (1) the Committee on Appropriations and the

18 Committee on International Relations of the House

19 of Representatives; and

20 (2) the Committee on Appropriations and the

21 Committee on Foreign Relations of the Senate.

22 SEC. 817. AMENDMENTS TO THE ANGLO-IRISH AGREEMENT

23 SUPPORT ACT OF 1986.

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that—


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1 (1) United States assistance for the Inter2 national Fund for Ireland (‘‘International Fund’’)

3 has contributed greatly to the economic development

4 of Northern Ireland and that both objectives of the

5 Anglo-Irish Agreement Support Act of 1986 (Public

6 Law 99–415), economic development and reconcili7 ation, remain critical to achieving a just and lasting

8 peace in the region, especially in the economically9 depressed areas; and

10 (2) since policing reform is a significant part of

11 winning public confidence and acceptance in the new

12 form of government in Northern Ireland, the Inter13 national Fund is encouraged to support programs

14 that enhance relations between communities, and be15 tween the police and the communities they serve,

16 promote human rights training for police, and en17 hance peaceful mediation in neighborhoods of contin18 ued conflict.

19 (b) AMENDMENTS.—

20 (1) FINDINGS AND PURPOSES.—Section 2(b) of

21 the Anglo-Irish Agreement Support Act of 1986

22 (Public Law 99–415) is amended by adding at the

23 end the following new sentence: ‘‘Furthermore, the

24 International Fund is encouraged to support pro25 grams that enhance relations between communities,


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1 and between the police and the communities they

2 serve, promote human rights training for police, pro3 mote human rights training for the office of the Om4 budsman, enhance peaceful mediation in neighbor5 hoods of continued conflict, promote training pro6 grams to enhance the new district partnership police

7 boards recommended by the Patten Commission, and

8 assist in the transition of former British military in9 stallations and prisons into sites for peaceful, com10 munity-supported activities, such as housing, retail,

11 and commercial development.’’.

12 (2) UNITED STATES CONTRIBUTIONS TO THE

13 INTERNATIONAL FUNDS.—Section 3 of the Anglo14 Irish Agreement Support Act of 1986 is amended by

15 adding at the end the following new subsection:

16 ‘‘(c) FISCAL YEARS 2006 AND 2007.—Of the

17 amounts made available for fiscal years 2006 and 2007

18 to carry out chapter 4 of part II of the Foreign Assistance

19 Act of 1961 (22 U.S.C. 2346 et seq.; relating to the eco20 nomic support fund), there are authorized to be appro21 priated $20,000,000 for each such fiscal year for United

22 States contributions to the International Fund. Amounts

23 appropriated pursuant to the authorization of appropria24 tions under the preceding sentence are authorized to re25 main available until expended. Of the amount authorized


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1 to be appropriated for fiscal years 2006 and 2007 under

2 this subsection, it is the sense of Congress that not less

3 than 35 percent of such amount for each such fiscal year

4 should be used to carry out the last sentence of section

5 2(b).’’.

6 (3) ANNUAL REPORTS.—Section 6(1) of the

7 Anglo-Irish Agreement Support Act of 1986 is

8 amended by adding at the end before the semicolon

9 the following: ‘‘, specifically through improving local

10 community relations and relations between the police

11 and the people they serve’’.

12 TITLE IX—MISCELLANEOUS

13 PROVISIONS

14 Subtitle A—General Provisions

15 SEC. 901. STATEMENT OF POLICY RELATING TO DEMOC16 RACY IN IRAN.

17 (a) FINDINGS.—Congress finds the following:

18 (1) Iran is neither free nor democratic. Men

19 and women are not treated equally in Iran, women

20 are legally deprived of internationally recognized

21 human rights, and religious freedom is not respected

22 under the laws of Iran. Undemocratic institutions,

23 such as the Guardians Council, thwart the decisions

24 of elected leaders.


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1 (2) The April 2005 report of the Department of

2 State states that Iran remained the most active

3 state sponsor of terrorism in 2004.

4 (3) That report also states that Iran continues

5 to provide funding, safe-haven, training, and weap6 ons to known terrorist groups, including Hizballah,

7 Hamas, the Palestine Islamic Jihad, al-Aqsa Mar8 tyrs Brigade, and the Popular Front for the Libera9 tion of Palestine, and has harbored senior members

10 of al-Qaeda.

11 (b) POLICY.—It is the policy of the United States

12 that—

13 (1) currently, there is not a free and fully

14 democratic government in Iran;

15 (2) the United States supports transparent, full

16 democracy in Iran;

17 (3) the United States supports the rights of the

18 Iranian people to choose their system of government;

19 and

20 (4) the United States condemns the brutal

21 treatment, imprisonment, and torture of Iranian ci22 vilians who express political dissent.

23 SEC. 902. IRANIAN NUCLEAR ACTIVITIES.

24 (a) FINDINGS.—Congress finds the following:


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1 (1) Iran remains the world’s leading sponsors of

2 international terrorism and is on the Department of

3 State’s list of countries that provide support for acts

4 of international terrorism.

5 (2) Iran has repeatedly called for the destruc6 tion of Israel, and Iran supports organizations, such

7 as Hizballah, Hamas, and the Palestine Islamic

8 Jihad, that deny Israel’s right to exist and are re9 sponsible for terrorist attacks against Israel.

10 (3) The Ministry of Defense of the Government

11 of Iran confirmed in July 2003 that it had success12 fully conducted the final test of the Shahab-3 mis13 sile, giving Iran an operational intermediate-range

14 ballistic missile capable of striking both Israel and

15 United States troops throughout the Middle East

16 and Afghanistan.

17 (4) Inspections by the International Atomic En18 ergy Agency (IAEA) in Iran have revealed signifi19 cant undeclared activities, including plutonium re20 processing efforts.

21 (5) Plutonium reprocessing is a necessary step

22 in a nuclear weapons program that uses plutonium

23 created in a reactor.

24 (6) Iran continues to assert its right to pursue

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1 structing a heavy water reactor that is ideal for

2 making plutonium for weapons, and has not fully co3 operated with the ongoing investigation by the IAEA

4 of its nuclear activities.

5 (7) The United States has publicly opposed the

6 completion of reactors at the Bushehr nuclear power

7 plant because the transfer of civilian nuclear tech8 nology and training could help to advance Iran’s nu9 clear weapons program.

10 (8) Russia, in spite of strong international con11 cern that Iran intended to use civilian nuclear en12 ergy plants to develop nuclear weapons, provided

13 Iran with support to complete the Bushehr nuclear

14 facility.

15 (9) Russia intends to begin supplying the

16 Bushehr nuclear facility with fuel in June 2005, and

17 the Bushehr nuclear plant is expected to begin oper18 ation at the beginning of 2006.

19 (10) The Iranian parliament has ratified a bill

20 supporting the construction of 20 new nuclear power

21 plants.

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that—


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1 (1) Russia’s provision of assistance to Iran on

2 the Bushehr nuclear reactor is inconsistent with the

3 nonproliferation goals of the United States;

4 (2) Iran’s stated plans to construct 20 new nu5 clear facilities and its development of nuclear tech6 nologies, coupled with acknowledged and

7 unacknowledged ties to terrorist groups, constitute a

8 threat to global peace and security; and

9 (3) the national security interests of the United

10 States will best be served if the United States devel11 ops and implements a long-term strategy to halt all

12 foreign nuclear cooperation with Iran.

13 (c) STATEMENT OF CONGRESS.—Congress calls upon

14 the leaders of the governments of the G–8 to—

15 (1) insist that the Government of Russia termi16 nate all assistance, including fuel shipments, to the

17 Bushehr nuclear facility in Iran; and

18 (2) condition Russia’s continued membership in

19 the G–8 on Russia’s termination of all assistance,

20 including fuel shipments, to the Bushehr facility and

21 to any other nuclear plants in Iran.

22 SEC. 903. LOCATION OF INTERNATIONAL INSTITUTIONS IN

23 AFRICA.

24 (a) STATEMENT OF CONGRESS.—Congress declares

25 that, for the purpose of maintaining regional balances with


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1 respect to the location of international organizations and

2 institutions in Africa, such organizations or institutions,

3 such as the African Development Bank, that move their

4 headquarters offices from their original locations for rea5 sons of security should return once those security issues

6 have been resolved or should relocate to another country

7 in the region in which the organization or institution was

8 originally headquartered.

9 (b) CONSULTATIONS REGARDING RETURN.—The

10 Secretary of State is authorized to begin consultations

11 with appropriate parties to determine the feasibility of re12 turning such organizations and institutions to the regions

13 in which they were originally headquartered.

14 SEC. 904. BENJAMIN GILMAN INTERNATIONAL SCHOLAR15 SHIP PROGRAM.

16 Section 305 of the International Academic Oppor17 tunity Act of 2000, as contained in title III of the Micro18 enterprise for Self-Reliance and International Anti-Cor19 ruption Act of 2000 (Public Law 106–309; 22 U.S.C.

20 2462 note) is amended by striking ‘‘$1,500,000’’ and in21 serting ‘‘$4,000,000’’.

22 SEC. 905. PROHIBITION ON COMMEMORATIONS RELATING

23 TO LEADERS OF IMPERIAL JAPAN.

24 The Department of State, both in Washington and

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1 eign countries, shall not engage in any activity, including

2 the celebration of the recently enacted Showa holiday,

3 which may, in any manner, serve to commemorate or be

4 construed as serving to commemorate leaders of Imperial

5 Japan who were connected to the attack on the United

6 States Fleet at Pearl Harbor, Oahu, Hawaii, on December

7 7, 1941.

8 SEC. 906. UNITED STATES POLICY REGARDING WORLD

9 BANK GROUP LOANS TO IRAN.

10 (a) UNITED STATES POLICY.—The Secretary of

11 State, in consultation with the Secretary of the Treasury,

12 shall work to secure the support of the governments of

13 countries represented on the decision-making boards and

14 councils of the international financial institutions of the

15 World Bank Group to oppose any further activity in Iran

16 by the international financial institutions of the World

17 Bank Group until Iran abandons its program to develop

18 nuclear weapons.

19 (b) NOTIFICATION.—Not later than 30 days after the

20 Secretary initiates efforts to carry out subsection (a), the

21 Secretary shall notify the appropriate congressional com22 mittees of such efforts.

23 (c) WORLD BANK GROUP DEFINED.—As used in this

24 section, the term ‘‘World Bank Group’’ means the Inter25 national Bank for Reconstruction and Development, the


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1 International Development Association, the International

2 Financial Corporation, and the Multilateral Investment

3 Guaranty Agency.

4 SEC. 907. STATEMENT OF POLICY REGARDING SUPPORT

5 FOR SECI REGIONAL CENTER FOR COM6 BATING TRANS-BORDER CRIME.

7 (a) FINDINGS.—Congress finds the following:

8 (1) The Southeast European Cooperative Initia9 tive (SECI) Regional Center for Combating Trans10 Border Crime, located in Bucharest, Romania, is

11 composed of police and customs officers from each

12 of the 12 member states of SECI: Albania, Bosnia

13 and Herzegovina, Bulgaria, Croatia, Greece, Hun14 gary, Macedonia, Moldova, Romania, Slovenia, Ser15 bia and Montenegro and Turkey.

16 (2) The SECI Regional Center supports joint

17 trans-border crime fighting efforts through the es18 tablishment of task forces, including task forces re19 lating to trafficking in human beings, anti-drugs, fi20 nancial and computer crimes, stolen vehicles, anti21 smuggling and anti-fraud, and terrorism.

22 (b) STATEMENT OF POLICY.—It is the policy of the

23 United States to continue to support the activities of the

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1 gional Center for Combating Trans-border Crime located

2 in Bucharest, Romania.

3 SEC. 908. STATEMENT OF POLICY URGING TURKEY TO RE4 SPECT THE RIGHTS AND RELIGIOUS FREE5 DOMS OF THE ECUMENICAL PATRIARCH.

6 (a) FINDINGS.—Congress finds the following:

7 (1) Turkey is scheduled to begin accession ne8 gotiations with the European Union on October 3,

9 2005.

10 (2) In 1993 the European Union defined the

11 membership criteria for accession to the European

12 Union at the Copenhagen European Council, obli13 gating candidate countries to have achieved certain

14 levels of reform, including stability of institutions

15 guaranteeing democracy, the rule of law, and human

16 rights, and respect for and protection of minorities.

17 (3) The Government of Turkey refuses to rec18 ognize the Ecumenical Patriarch’s international sta19 tus.

20 (4) The Government of Turkey has limited to

21 Turkish nationals the candidates available to the

22 Holy Synod for selection as the Ecumenical Patri23 arch and has refused to reopen the Theological

24 School at Halki, thus impeding training for the cler25 gy.


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1 (b) STATEMENT OF POLICY.—Congress—

2 (1) calls on Turkey to continue to demonstrate

3 its willingness to adopt and uphold European stand4 ards for the protection of human rights;

5 (2) based on the ideals associated with the Eu6 ropean Union and its member states, calls on Tur7 key to eliminate all forms of discrimination, particu8 larly those based on race or religion, and

9 immediately—

10 (A) grant the Ecumenical Patriarch appro11 priate international recognition and ecclesiastic

12 succession;

13 (B) grant the Ecumenical Patriarchate the

14 right to train clergy of all nationalities, not just

15 Turkish nationals; and

16 (C) respect property rights and human

17 rights of the Ecumenical Patriarchate; and

18 (3) calls on Turkey to pledge to uphold and

19 safeguard religious and human rights without com20 promise.

21 SEC. 909. STATEMENT OF POLICY REGARDING THE MUR22 DER OF UNITED STATES CITIZEN JOHN M.

23 ALVIS.

24 (a) FINDINGS.—Congress finds the following:


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1 (1) On November 30, 2000, United States cit2 izen John M. Alvis was brutally murdered in Baku,

3 Azerbaijan.

4 (2) John M. Alvis was serving his final two

5 weeks of a two year full-time commitment to the

6 International Republican Institute, a United States

7 nongovernmental organization carrying out assist8 ance projects for the Government of the United

9 States to help promote democracy and strengthen

10 the rule of law in Azerbaijan.

11 (3) The United States is committed to ensuring

12 that the truth of the murder of John M. Alvis is de13 termined and the individual or individuals who are

14 responsible for this heinous act are brought to jus15 tice.

16 (b) STATEMENT OF POLICY.—Congress—

17 (1) appreciates the efforts of the Government of

18 Azerbaijan to find the individual or individuals who

19 are responsible for the murder of United States cit20 izen John M. Alvis and urges the Government of

21 Azerbaijan to continue to make these efforts a high

22 priority; and

23 (2) urges the Secretary of State to continue to

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1 baijan and to make this issue a priority in relations

2 between the Government of the United States and

3 the Government of Azerbaijan.

4 Subtitle B—Sense of Congress

5 Provisions

6 SEC. 911. KOREAN FULBRIGHT PROGRAMS.

7 It is the sense of Congress that Fulbright program

8 activities for the Republic of Korea (commonly referred

9 to as ‘‘South Korea’’) should—

10 (1) include participation by students from

11 throughout South Korea, including proportional rep12 resentation from areas outside of Seoul;

13 (2) attempt to include Korean students from a

14 broad range of educational institutions, including

15 schools other than elite universities;

16 (3) broaden the Korean student emphasis be17 yond degree-seeking graduate students to include op18 portunities for one-year nondegree study at United

19 States colleges and universities by pre-doctoral Ko20 rean students; and

21 (4) include a significant number of Korean stu22 dents planning to work or practice in areas other

23 than advanced research and university teaching,

24 such as in government service, media, law, and busi25 ness.


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1 SEC. 912. UNITED STATES RELATIONS WITH TAIWAN.

2 It is the sense of Congress that—

3 (1) it is in the national interests of the United

4 States to communicate directly with democratically

5 elected and appointed officials of Taiwan, including

6 the President of Taiwan, the Vice-President of Tai7 wan, the Foreign Minister of Taiwan, and the De8 fense Minister of Taiwan;

9 (2) the Department of State should, in accord10 ance with Public Law 103–416, admit such high

11 level officials of Taiwan to the United States to dis12 cuss issues of mutual concern with United States of13 ficials; and

14 (3) the Department of State should, in coopera15 tion with the Ministry of Foreign Affairs of Taiwan,

16 facilitate high level meetings between such high level

17 officials of Taiwan and their counterparts in the

18 United States.

19 SEC. 913. NUCLEAR PROLIFERATION AND A. Q. KHAN.

20 (a) FINDINGS.—Congress finds the following:

21 (1) Dr. Abdul Qadeer Khan, former director of

22 the A.Q. Khan Research Laboratory in Pakistan and

23 Special Adviser to the Prime Minister on the Stra24 tegic Programme, had the status of a federal min25 ister and established and operated an illegal interVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00463 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 national network which sold nuclear weapons and re2 lated technologies to a variety of countries.

3 (2) China provided Dr. Khan with nuclear

4 weapons designs, and the illegal international nu5 clear proliferation network established by Dr. Khan

6 may have provided other countries with these de7 signs.

8 (3) The illegal international nuclear prolifera9 tion network established by Dr. Khan assisted Iran

10 with its nuclear program by supplying Iran with

11 uranium-enrichment technology, including centrifuge

12 equipment and designs.

13 (4) The illegal international nuclear prolifera14 tion network established by Dr. Khan assisted North

15 Korea with its nuclear weapons program by pro16 viding centrifuge technology, including designs and

17 complete centrifuges.

18 (5) The illegal international nuclear prolifera19 tion network established by Dr. Khan assisted Libya

20 with its nuclear program by providing blueprints of

21 centrifuge parts and thousands of assembled cen22 trifuge parts.

23 (6) There is concern that the illegal inter24 national nuclear proliferation network created by Dr.


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1 Khan may be still in existence and its work still on2 going.

3 (7) Defense cooperation and technology transfer

4 between China and Pakistan have been recently

5 strengthened, including the codevelopment and man6 ufacturing of a minimum of 400 J–17 ‘‘Thunder’’

7 fighter aircraft, with a minimum of 250 going to

8 China. This and other Chinese-Pakistani technology

9 sharing provides an expanded basis for further Paki10 stani proliferation of advanced military technology.

11 (8) The illegal international nuclear prolifera12 tion network established by Dr. Khan is a threat to

13 United States national security.

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that the United States—

16 (1) should continue efforts to—

17 (A) dismantle the illegal international nu18 clear proliferation network created by Dr.

19 Abdul Qadeer Khan; and

20 (B) counter, through diplomacy and nego21 tiation, the proliferation of weapons of mass de22 struction from Pakistan to other countries;

23 (2) should request and Pakistan should grant

24 access to interview Dr. Khan and his top associates

25 to determine in greater detail what technology his


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1 network provided or received from Iran, North

2 Korea, Libya, and China; and

3 (3) should take the steps necessary to ensure

4 that Pakistan has verifiably halted any cooperation

5 with any country in the development of nuclear or

6 missile technology, material, or equipment, or any

7 other technology, material, or equipment that is use8 ful for the development of weapons of mass destruc9 tion, including exports of such technology, material,

10 or equipment.

11 SEC. 914. PALESTINIAN TEXTBOOKS.

12 (a) FINDINGS.—Congress finds the following:

13 (1) Since 1993, the United States has provided

14 more than $1,400,000,000 to assist the Palestinian

15 people, including to assist with the process of

16 strengthening the Palestinian educations system.

17 (2) Since 1950, the United States has provided

18 more than $3,200,000,000 in assistance to United

19 Nations Relief and Works Agency (UNRWA), which

20 operates schools in camps housing Palestinians.

21 (3) The Palestinian Authority has undertaken a

22 reform of its textbooks, a process which will be com23 pleted in 2006.

24 (4) These new textbooks, while an improvement

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1 tudes amongst the Palestinian people conducive to

2 peace with Israel, including references to the infa3 mous Protocols of the Elders of Zion, failure to ac4 knowledge the State of Israel, and failure to discuss

5 Jews in sections dealing with religious tolerance.

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that the Secretary of State should express in the

8 strongest possible terms United States opposition to the

9 inclusion in Palestinian textbooks of materials which fos10 ter anti-Semitism and rejection of peace with Israel, and

11 to express the unwillingness of the United States to con12 tinue to support educational programs of the Palestinian

13 Authority, whether directly or indirectly, should the Pales14 tinian Authority continue to include material which does

15 not foster tolerance and peace.

16 SEC. 915. INTERNATIONAL CONVENTION AFFIRMING THE

17 HUMAN RIGHTS AND DIGNITY OF PERSONS

18 WITH DISABILITIES.

19 (a) FINDINGS.—Congress finds the following:

20 (1) There are more than 600,000,000 people

21 who have a disability and more than two-thirds of all

22 persons with disabilities live in developing countries.

23 (2) Only two percent of children with disabil24 ities in developing countries receive any education or

25 rehabilitation.


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1 (3) A substantial shift has occurred globally

2 from an approach of charity toward persons with

3 disabilities to the recognition of the inherent uni4 versal human rights of persons with disabilities.

5 (4) A clearly defined international standard ad6 dressing the rights of persons with disabilities would

7 assist developing countries in the creation and imple8 mentation of national laws protecting those rights.

9 (5) To better protect and promote the rights of

10 persons with disabilities and to establish inter11 national norms, the United Nations General Assem12 bly adopted Resolution 56/168 (December 19, 2001)

13 which established an ad hoc committee to consider

14 proposals for a comprehensive and integral inter15 national convention that affirms the human rights

16 and dignity of persons with disabilities.

17 (6) With the strong commitment and leadership

18 of the United States and the vast domestic experi19 ence of the United States in the advancement of dis20 ability rights, the world community can benefit from

21 United States participation in the drafting of an

22 international convention that affirms the human

23 rights and dignity of persons with disabilities.

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that—


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1 (1) the United States should play a leading role

2 in the drafting of an international convention that

3 affirms the human rights and dignity of persons

4 with disabilities and which is consistent with the

5 Constitution of the United States, the Americans

6 with Disabilities Act of 1990, and other rights en7 joyed by United States citizens with disabilities;

8 (2) for this purpose, the President should au9 thorize the Secretary of State to send to the Sixth

10 Session of the United Nations Ad Hoc Committee on

11 a Comprehensive and Integral International Conven12 tion on the Protection and Promotion of the Rights

13 and Dignity of Persons with Disabilities to be held

14 in August 2005 and to subsequent sessions of the

15 Ad Hoc Committee a United States delegation which

16 includes individuals with disabilities who are recog17 nized leaders in the United States disability rights

18 movement; and

19 (3) the United States delegation referred to in

20 paragraph (2) should seek the input and advice of

21 the Department of State’s Advisory Committee on

22 Persons with Disabilities with respect to matters

23 considered at the Sixth Session of the United Na24 tions Ad Hoc Committee and subsequent sessions.


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1 SEC. 916. FULBRIGHT SCHOLARSHIPS FOR EAST ASIA AND

2 THE PACIFIC.

3 (a) FINDINGS.—Congress finds the following:

4 (1) From 1949–2003, the Department of State

5 awarded 13,176 Fulbright Scholarships to students

6 from East Asia and the Pacific, but only 31 went to

7 Pacific Island students.

8 (2) In 2003–2004, the Department of State

9 awarded 315 scholarships to students from East

10 Asia and the Pacific, but none were awarded to Pa11 cific Island students.

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Department of State should conduct a re14 view and submit to Congress a report regarding the

15 marginalization of Pacific Islands students in the award16 ing of Fulbright Scholarships.

17 SEC. 917. BAKU-TBILISI-CEYHAN ENERGY PIPELINE.

18 (a) FINDINGS.—Congress finds the following:

19 (1) It has been the long-standing policy of the

20 United States to support the independence, security,

21 and economic development of the newly independent

22 states of the Caspian Sea region.

23 (2) The growth and stability of the newly inde24 pendent states of the Caspian Sea region will be

25 greatly enhanced by the development of their exten26 sive oil and natural gas resources and the export of


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1 these resources unhindered along an east-west en2 ergy transportation corridor.

3 (3) The establishment of an east-west energy

4 transportation corridor would enhance the energy se5 curity of the United States, Turkey, and other

6 United States allies by ensuring an unhindered flow

7 of energy from the Caspian Sea region to world mar8 kets.

9 (4) The centerpiece of the proposed east-west

10 energy transportation corridor is the Baku-Tbilisi11 Ceyhan (BTC) pipeline, which was first endorsed by

12 the relevant regional governments in 1998 and

13 which will carry one million barrels of Caspian Sea

14 oil per day from Baku, Azerbaijan, to Ceyhan, Tur15 key, via a route that passes through Tbilisi, Georgia.

16 (5) The BTC pipeline was inaugurated on May

17 25, 2005, and Caspian Sea oil exports from the port

18 of Ceyhan, Turkey, will begin later this year.

19 (6) The BTC pipeline project has received

20 strong bipartisan support during the administrations

21 of both Presidents Bill Clinton and George W. Bush.

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that—

24 (1) the governments and peoples of Turkey and

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1 gion should be congratulated for the successful com2 pletion of the Baku-Tbilisi-Ceyhan pipeline;

3 (2) the policy of the United States to support

4 the independence, security, and economic develop5 ment of the newly independent states of the Caspian

6 Sea region should be reaffirmed; and

7 (3) projects should be encouraged that would

8 further develop the east-west energy transportation

9 corridor between the newly independent states of the

10 Caspian Sea region and Europe and that advance

11 the strategic goals of the United States, especially

12 the promotion of appropriate multiple routes for the

13 transportation to world markets of oil and gas from

14 the Caspian Sea region.

15 SEC. 918. UNITED STATES FOREIGN ASSISTANCE.

16 It is the sense of Congress that—

17 (1) United States foreign assistance should be

18 used to support, and not replace or substitute, local

19 capacity-building in developing countries and should

20 focus on improving the institutional capacities of de21 veloping countries in order to promote long-term de22 velopment; and

23 (2) the Department of State, the United States

24 Agency for International Development, and the Mil25 lennium Challenge Corporation should increase their


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1 efforts to enhance recipient country participation in

2 the planning of development programs, promote re3 cipient country ownership of the programs, and

4 build local capacity within the recipient country.

5 SEC. 919. ELIMINATION OF EXTREME POVERTY IN DEVEL6 OPING COUNTRIES.

7 It is the sense of Congress that—

8 (1) the elimination of extreme poverty in devel9 oping countries should be a major priority of United

10 States foreign policy;

11 (2) the Unites States should further dem12 onstrate its leadership and commitment to elimi13 nating extreme poverty by working with developing

14 countries, donor countries, and multilateral institu15 tions committed to the necessary reforms, policies,

16 and practices that reduce extreme poverty in devel17 oping countries and by pursuing greater coordina18 tion with key allies and international partners; and

19 (3) the President, acting through the Adminis20 trator of the United States Agency for International

21 Development, and in consultation with the heads of

22 other appropriate departments and agencies of the

23 Government of the United States, international or24 ganizations, international financial institutions, re25 cipient governments, civil society organizations, and


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1 other appropriate entities, should develop a com2 prehensive strategy to eliminate extreme poverty in

3 developing countries that involves foreign assistance,

4 foreign and local private investment, technical assist5 ance, private-public partnerships, and debt relief.

6 SEC. 920. ASSISTANCE FOR REGIONAL HEALTH CARE DE7 LIVERY.

8 (a) STATEMENT OF POLICY.—Congress declares the

9 following:

10 (1) Health systems in developing countries for

11 allocating and managing health resources are dys12 functional and incapable of addressing evolving epi13 demiological and demographical changes.

14 (2) Neither regional nor countrywide health

15 problems can be adequately addressed without the

16 infrastructure for health systems in place.

17 (3) The areas in Africa, Europe, Eurasia, the

18 Middle East and Asia with the greatest health prob19 lems all lack the infrastructure for health systems

20 that can support providers and contain the cost of

21 treatment.

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that the United States Agency for International De24 velopment should use up to 5 percent of country-specific

25 health program funds, as needed, to support projects to


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1 create and improve indigenous capacity for health care de2 livery in regions in which such projects are most needed.

3 SEC. 921. ASSISTANCE FOR REGIONAL HEALTH EDUCATION

4 AND TRAINING PROGRAMS.

5 (a) STATEMENT OF POLICY.—Congress recognizes

6 that many health problems are not country specific. In7 stead many health issues can be categorized and treated

8 more effectively on a regional basis.

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that the United States Agency for International De11 velopment should use up to 5 percent of country-specific

12 health program funds, as needed, to address regional

13 health issues in instances in which it would be more cost

14 effective to implement health education and training pro15 grams on a regional basis.


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Mr. SMITH OF NEW JERSEY. I now have a series of perfecting 

amendments at the desk which consists of 35 amendments. They 

have been cleared by both Republican and the Democratic sides of 

the aisle. All Members have the list before them and the amendments themselves, and I do appreciate the hard work and the very 

diligent negotiations that have gone on right up until the last instant, as another amendment was added to this list. 

I would ask unanimous consent that they be considered en bloc, 

and that they be considered as read and adopted. 

Any Members who wish to insert remarks into the record of any 

of these amendments, will be permitted to do so. 

[The en bloc amendments referred to follow:]

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AMENDMENT TO H.R. 2601

OFFERED BY MS. BERKLEY OF NEVADA

(Foreign Relations Authorization Act, Fiscal Years 2006 and

2007)

At the appropriate place in the bill, insert the following section (and conform the table of contents accordingly):

1 SEC. ll. STATEMENT OF CONGRESS AND POLICY WITH

2 RESPECT TO THE DISENFRANCHISEMENT OF

3 WOMEN.

4 (a) FINDINGS.—Congress finds the following:

5 (1) Following the May 16, 2005, decision of the

6 Kuwaiti parliament to enfranchise its female citi7 zens, Saudi Arabia is now the only country in world

8 that restricts the franchise and the right to hold

9 elected office to men only.

10 (2) Only men were allowed to vote and run for

11 office in Saudi Arabia’s municipal elections held ear12 lier this year, the first elections of any kind that

13 Saudi Arabia has held since 1963.

14 (b) STATEMENTS OF CONGRSESS.—Congress—


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1 (1) strongly condemns the disenfranchisement

2 of women, including restrictions that prevent women

3 from holding office; and

4 (2) calls on the Government of Saudi Arabia to,

5 at the earliest possible time, promulgate a law that

6 grants women the right to vote and to run for office

7 in all future Saudi elections, whether local, provin8 cial, or national.

9 (c) POLICY.—The President is encouraged to take

10 such action as the President considers appropriate, includ11 ing a downgrading of diplomatic relations, to encourage

12 countries that disenfranchise women to grant women the

13 rights to vote and hold office.


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AMENDMENT TO THE AMENDMENT IN THE

NATURE OF A SUBSTITUTE TO H.R. 2601

OFFERED BY MR. CROWLEY OF NEW YORK

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. lll. SENSE OF CONGRESS WITH RESPECT TO LEGIS2 LATION REQUIRING THE FAIR, COMPREHEN3 SIVE, AND NONDISCRIMINATORY RESTITU4 TION OF PRIVATE PROPERTY CONFISCATED

5 IN POLAND.

6 (a) FINDINGS.—Congress find the following:

7 (1) The protection of and respect for property

8 rights is a basic tenet for all democratic govern9 ments that operate according to the rule of law.

10 (2) Private properties were seized and con11 fiscated by the Nazis in occupied Poland or by the

12 Communist Polish government after World War II.

13 (3) Some post-Communist countries in Europe

14 have taken steps toward compensating individuals

15 whose property was seized and confiscated by the

16 Nazis during World War II and by Communist gov17 ernments after World War II.


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1 (4) Poland has continuously failed to enact leg2 islation that requires realistically achievable restitu3 tion or compensation for those individuals who had

4 their private property seized and confiscated.

5 (5) Although President Aleksander

6 Kwasniewski of Poland later exercised his veto

7 power, in March 2001 the Polish Parliament passed

8 a bill that would have provided compensation for

9 seized and confiscated property, but only to individ10 uals who were registered as Polish citizens as of De11 cember 31, 1999, thereby excluding all those individ12 uals who emigrated from Poland during and after

13 World War II.

14 (6) President Kwasniewski met in 2002 with

15 congressional leaders of the United States Helsinki

16 Commission and stated that he intended to draft a

17 new law requiring the restitution of previously seized

18 and confiscated private property that would not dis19 criminate based on the residency or citizenship of an

20 individual, and which would be ready to take effect

21 by the beginning of 2003.

22 (b) SENSE OF THE CONGRESS.—It is the sense of

23 Congress that—

24 (1) Poland should develop a final and complete

25 settlement for those individuals who had their priVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00484 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 vate property seized and confiscated by the Nazis

2 during World War II or by the Communist Polish

3 government after the war;

4 (2) restitution should be made in a timely man5 ner if they are to be of any benefit to the many Hol6 ocaust survivors who are in their eighties or older;

7 (3) the President and the Secretary of State

8 should engage, as appropriate—

9 (A) in an open dialogue with the Govern10 ment of Poland supporting the adoption of leg11 islation requiring the fair, comprehensive, and

12 nondiscriminatory restitution of or compensa13 tion for private property that was seized and

14 confiscated; and

15 (B) in follow-up discussions with the Gov16 ernment of Poland regarding the status and im17 plementation of such legislation.


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AMENDMENT TO THE AMENDMENT IN THE

NATURE OF A SUBSTITUTE TO H.R. 2601

OFFERED BY MR. CROWLEY OF NEW YORK

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. REPORT WITH RESPECT TO DIPLOMATIC RELA2 TIONS WITH ISRAEL.

3 (a) FINDINGS.—Congress makes the following find4 ings:

5 (1) Israel is a friend and ally of the United

6 States whose security is vital to regional stability

7 and United States interests.

8 (2) Israel currently maintains diplomatic rela9 tions with 160 countries, 33 countries do not have

10 any diplomatic relations with Israel, and one country

11 has partial relations with Israel.

12 (3) The Government of Israel has been actively

13 seeking to establish formal relations with a number

14 of countries.

15 (4) After 57 years of existence, Israel deserves

16 to be treated as an equal country by its neighbors

17 and the world community.


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the United States should assist Israel in its ef3 forts to establish diplomatic relations.

4 (c) REPORT.—Not later than 90 days after the date

5 of the enactment of this Act and annually thereafter, the

6 Secretary of State shall submit to the appropriate congres7 sional committees a report that includes the following in8 formation (in classified or unclassified form, as appro9 priate):

10 (1) Actions taken by representatives of the

11 United States to encourage other countries to estab12 lish full diplomatic relations with Israel.

13 (2) Specific responses solicited and received by

14 the Secretary from countries that do not maintain

15 full diplomatic relations with Israel with respect to

16 their attitudes toward and plans for entering into

17 diplomatic relations with Israel.

18 (3) Other measures being undertaken, and

19 measures that will be undertaken, by the United

20 States to ensure and promote Israel’s full participa21 tion in the world diplomatic community.

22 (d) DEFINITION.—In this section, the term ‘‘appro23 priate congressional committees’’ means the Committee on

24 International Relations of the House of Representatives,

25 the Committee on Foreign Relations of the Senate, the


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1 Committee on Appropriations of the House of Representa2 tives, and the Committee on Appropriations of the Senate.


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AMENDMENT TO THE AMENDMENT IN THE

NATURE OF A SUBSTITUTE TO H.R. 2601

OFFERED BY MR. CROWLEY OF NEW YORK

In section 101(4) (relating to Educational and Cultural Exchange Programs), add at the end the following

new subparagraph:

1 (I) PROJECT CHILDREN AND COOPERATION

2 WITH IRELAND.—Of the amounts authorized to

3 be appropriated under subparagraph (A),

4 $500,000 for fiscal year 2006 and $500,000 for

5 fiscal year 2007 are authorized to be appro6 priated for people-to-people activities (with a

7 focus on young people) to support the Northern

8 Ireland peace process involving Catholic and

9 Protestant participants from the Republic of

10 Ireland, the United Kingdom, and the United

11 States, to be known as ‘‘Project Children’’.


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AMENDMENT TO THE AMENDMENT IN THE

NATURE OF A SUBSTITUTE TO H.R. 2601

OFFERED BY MR. DELAHUNT OF MASSACHUSETTS

(Foreign Relations Authorization Act, Fiscal Years 2006 and

2007)

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. REPORT ON TAX ENFORCEMENT IN COLOMBIA.

2 Not later than 90 days after the date of the enact3 ment of this Act, the Secretary of State shall submit to

4 the Committee on International Relations of the House

5 of Representatives, the Committee on Foreign Relations

6 of the Senate, the Committee on Appropriations of the

7 House of Representatives, and the Committee on Appro8 priations of the Senate a report detailing challenges to tax

9 code enforcement in Colombia. This report shall include,

10 as a percentage of Colombia’s gross domestic product, an

11 estimate of current tax revenue, an estimate of potential

12 additional tax revenue if Colombia’s existing tax laws were

13 fully enforced, and a discussion of how such additional rev14 enue could be used to achieve the objectives of Plan Co15 lombia, including supporting and expanding Colombia’s


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1 security forces and increasing the availability of alter2 native livelihoods for illicit crop growers and former com3 batants.


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AMENDMENT TO H.R. lll

OFFERED BY MR. ENGEL OF NEW YORK

(Foreign Relations Authorization Act, Fiscal Years 2006 and

2007)

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. REPORT RELATING TO PROVISION OF CONSULAR

2 AND VISA SERVICES IN PRISTINA, KOSOVA.

3 (a) REPORT.—Not later than 90 days after the date

4 of the enactment of this Act, the Secretary of State shall

5 submit to the appropriate congressional committees a re6 port describing the possibility of providing consular and

7 visa services at the United States Office Pristina, Kosovo

8 (USOP) to residents of Kosova.

9 (b) CONTENTS.—The report required under sub10 section (a) shall contain the following information:

11 (1) The reasons why consular and visa services

12 are not currently offered at the USOP, even though

13 the Office has been in operation for more than five

14 years.

15 (2) Plans for providing consular and visa serv16 ices at the USOP, including conditions required beVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00492 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 fore such services would be provided and the planned

2 timing for providing such services.

3 (3) An explanation of why consular and visa

4 services will not be offered at the USOP by January

5 1, 2007, if such services are not planned to be of6 fered by such date.

7 (4) The number of residents of Kosova who

8 apply for their visas outside of Kosova for each cal9 endar year from 2000–2005.


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AMENDMENT TO THE AMENDMENT IN THE

NATURE OF A SUBSTITUTE FOR H.R. 2601

OFFERED BY MR. FALEOMAVAEGA OF AMERICAN

SAMOA

(Foreign Relations Authorization Act, Fiscal Years 2006 and

2007)

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. REPORT RELATING TO DEMOCRACY IN PAKI2 STAN.

3 Not later than December 31 in each of fiscal years

4 2006 and 2007, the President shall submit to the appro5 priate congressional committees a report that contains a

6 description of the extent to which, over the preceding 12-

7 month period, the Government of Pakistan has restored

8 a fully functional democracy in Pakistan in which free,

9 fair, and transparent elections are held.


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1 SEC. ll. LIMITATION ON ASSISTANCE TO THE PALES2 TINIAN AUTHORITY.

3 (a) AMENDMENT.—Chapter 1 of part III of the For4 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is

5 amended—

6 (1) by redesignating the second section 620G

7 (as added by section 149 of Public Law 104–164

8 (110 Stat. 1436)) as section 620J; and

9 (2) by adding at the end the following new sec10 tion:

11 ‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALES12 TINIAN AUTHORITY.

13 ‘‘(a) LIMITATION.—Assistance may be provided

14 under this Act or any other provision of law to the Pales15 tinian Authority only during a period for which a certifi16 cation described in subsection (b) is in effect.

17 ‘‘(b) CERTIFICATION.—A certification described in

18 this subsection is a certification transmitted by the Presi19 dent to Congress that contains a determination of the

20 President that—

21 ‘‘(1) providing direct assistance to the Pales22 tinian Authority is important to the national secu23 rity interests of the United States; and

24 ‘‘(2) the Palestinian Authority—


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1 ‘‘(A) is committed to and has initiated the

2 process of purging from its security services in3 dividuals with ties to terrorism;

4 ‘‘(B) has made demonstrable progress to5 ward dismantling the terrorist infrastructure,

6 confiscating unauthorized weapons, arresting

7 and bringing terrorists to justice, destroying

8 unauthorized arms factories, thwarting and pre9 empting terrorist attacks, and is fully cooper10 ating with Israel’s security services;

11 ‘‘(C) has made demonstrable progress to12 ward halting all anti-Israel incitement in Pales13 tinian Authority-controlled electronic and print

14 media and in schools, mosques, and other insti15 tutions it controls, and is replacing these mate16 rials, including textbooks, with materials that

17 promote tolerance, peace, and coexistence with

18 Israel;

19 ‘‘(D) has taken effective steps to ensure

20 democracy, the rule of law, and an independent

21 judiciary, and has adopted other reforms such

22 as ensuring transparent and accountable gov23 ernance;


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1 ‘‘(E) is committed to ensuring that all

2 elections within areas it administers to be free,

3 fair, and transparent; and

4 ‘‘(F) is undertaking verifiable efforts to en5 sure the financial transparency and account6 ability of all government ministries and oper7 ations.

8 ‘‘(c) RECERTIFICATIONS.—Not later than 90 days

9 after the date on which the President transmits to Con10 gress an initial certification under subsection (b), and

11 every 6 months thereafter—

12 ‘‘(1) the President shall transmit to Congress a

13 recertification that the requirements contained in

14 subsection (b) are continuing to be met; or

15 ‘‘(2) if the President is unable to make such a

16 recertification, the President shall transmit to Con17 gress a report that contains the reasons therefor.

18 ‘‘(d) CONGRESSIONAL NOTIFICATION.—Assistance

19 made available under this Act or any other provision of

20 law to the Palestinian Authority may not be provided until

21 15 days after the date on which the President has pro22 vided notice thereof to the Committee on International Re23 lations and the Committee on Appropriations of the House

24 of Representatives and to the Committee on Foreign Rela25 tions and the Committee on Appropriations of the Senate


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1 in accordance with the procedures applicable to re2 programming notifications under section 634A(a) of this

3 Act.’’.

4 (b) REPORT BY COMPTROLLER GENERAL.—Not later

5 than 180 days after the date of the enactment of this Act,

6 the Comptroller General of the United States shall submit

7 to the appropriate congressional committees a report that

8 contains a review of the extent to which United States as9 sistance to the Palestinian Authority under the Foreign

10 Assistance Act of 1961 or any other provision of law is

11 properly audited by the Department of State, the United

12 States Agency for International Development, and all

13 other relevant departments and agencies of the Govern14 ment of the United States.


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1 SECTION ll. REFORM OF THE INTERNATIONAL ATOMIC

2 ENERGY AGENCY.

3 (a) FINDINGS WITH RESPECT TO THE INTER4 NATIONAL ATOMIC ENERGY AGENCY.—Congress finds the

5 following:

6 (1) Efforts to prevent the further spread of nu7 clear weapons capabilities would be enhanced by uni8 versal membership in the International Atomic En9 ergy Agency (IAEA).

10 (2) The enhanced authorities provided by the

11 Additional Protocol to the Safeguards Agreements

12 between the IAEA and Member States of the IAEA

13 are indispensable to the ability of the IAEA to con14 duct inspections of nuclear facilities to a high degree

15 of confidence.

16 (3) The national security interests of the

17 United States would be enhanced by the universal

18 ratification and implementation of the Additional

19 Protocol.

20 (4) The national security interests of the

21 United States would be enhanced by the rapid imple22 mentation by all Member States of the United Na23 tions of United Nations Security Council Resolution

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1 viding any form of support to non-state actors that

2 attempt to manufacture, acquire, possess, develop,

3 transport, transfer, or use nuclear, chemical, or bio4 logical weapons and their means of delivery, and re5 quiring all Member States to adopt and enforce ap6 propriate and effective domestic laws criminalizing

7 such acts.

8 (5) The national security interests of the

9 United States require that the IAEA possess suffi10 cient authorities and resources to comprehensively

11 and efficiently carry out its responsibilities for in12 spections and safeguards of nuclear facilities.

13 (6) Regularly assessed contributions of Member

14 States to the regular budget of the IAEA are due

15 in the first quarter of each calendar year.

16 (7) Currently, the United States does not pay

17 its regularly assessed contribution to the regular

18 budget of the IAEA until the last quarter of each

19 calendar year.

20 (8) This delayed payment results in recurring

21 shortages of funds for the IAEA, thus compromising

22 its ability to conduct safeguards inspections and nu23 clear security activities.


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1 (b) FINDINGS WITH RESPECT TO THE NUCLEAR

2 NONPROLIFERATION TREATY.—Congress finds the fol3 lowing:

4 (1) The Treaty on the Non-Proliferation of Nu5 clear Weapons (21 UST 483) (commonly referred to

6 as the ‘‘Nuclear Nonproliferation Treaty’’ or the

7 ‘‘NPT’’) is the foundation for international coopera8 tion to prevent the further spread of nuclear weap9 ons capabilities.

10 (2) The NPT was conceived, written, and rati11 fied by State Parties as a treaty for the specific pur12 pose of preventing the proliferation of nuclear weap13 ons and nuclear explosive devices, as stated in the

14 Preamble and first three Articles of the NPT.

15 (3) The overriding priority of the NPT is pre16 venting the proliferation of nuclear weapons and nu17 clear explosive devices.

18 (4) Article IV of the NPT conditions the ‘‘in19 alienable right to develop research, production and

20 use of nuclear energy for peaceful purposes without

21 discrimination’’ on conformity with Articles I and II,

22 which obligate signatories ‘‘not to manufacture of

23 otherwise acquire nuclear weapons or other nuclear

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1 sistance in the manufacture of nuclear weapons or

2 other nuclear explosive devices’’;

3 (5) Because the processes used for the enrich4 ment of uranium and the reprocessing of plutonium

5 for peaceful purposes are virtually identical to those

6 needed for military purposes and thereby inherently

7 pose an enhanced risk of proliferation, even under

8 strict international inspections, Article IV of the

9 NPT cannot be interpreted to recognize the inalien10 able right by every country to enrich uranium or re11 process plutonium.

12 (6) Because the factors needed for the develop13 ment of nuclear energy for peaceful purposes are vir14 tually identical to those required for the development

15 of nuclear weapons and devices, Article X cannot be

16 interpreted to allow a signatory country to develop

17 a nuclear weapons program based on materials, fa18 cilities, and equipment it has acquired through its

19 Article IV cooperation.

20 (c) STATEMENT OF CONGRESS.—Congress declares

21 that—

22 (1) all provisions of the NPT must be inter23 preted within the context of preventing the prolifera24 tion of nuclear weapons and nuclear explosive de25 vices;


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1 (2) Article IV of the NPT, interpreted in con2 formity with the NPT’s purpose, spirit, and freely

3 undertaken obligations by State Parties, does not

4 guarantee every country that is a State Party an in5 alienable right to enrich uranium or reprocess pluto6 nium; and

7 (3) if a State Party chooses to exercise its Arti8 cle X right of withdrawal from the NPT, such State

9 Party must surrender all of the materials, facilities,

10 and equipment it has acquired through its Article IV

11 cooperation, and no State Party will be recognized

12 as having legally exercised its Article X right of

13 withdrawal from the NPT until it has surrendered

14 all such materials, facilities, and equipment.

15 (d) SENSE OF CONGRESS.—It is the sense of Con16 gress that—

17 (1) the Director General of the IAEA should

18 strengthen efforts to secure universal ratification

19 and implementation of the Additional Protocol; and

20 (2) the IAEA possesses statutory authority, in21 cluding under Articles II, III, VIII, IX, XI, and XII

22 of the IAEA Statute, to undertake nuclear security

23 activities.


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1 (e) PROMOTION OF ADDITIONAL PROTOCOL AND

2 UNITED NATIONS SECURITY COUNCIL RESOLUTION

3 1540.—

4 (1) UNIVERSAL RATIFICATION AND IMPLEMEN5 TATION; FULL COMPLIANCE.—The President shall

6 take such steps as the President determines nec7 essary to encourage—

8 (A) rapid universal ratification and imple9 mentation by Member States of the IAEA of

10 the Additional Protocol to the Safeguards

11 Agreements between the IAEA and Member

12 States; and

13 (B) full compliance by all foreign countries

14 with United Nations Security Council Resolu15 tion 1540, which calls for the adoption and en16 forcement by all foreign countries of ‘‘appro17 priate effective laws which prohibit any non18 State actor to manufacture, acquire, possess,

19 develop, transport, transfer or use nuclear,

20 chemical or biological weapons and their means

21 of delivery, in particular for terrorist purposes,

22 as well as attempts to engage in any of the

23 foregoing activities, participate in them as an

24 accomplice, assist or finance them’’.


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1 (2) SUSPENSION OF UNITED STATES NON-HU2 MANITARIAN FOREIGN ASSISTANCE.—The President

3 is authorized to suspend United States non-humani4 tarian foreign assistance to any country that—

5 (A) has not signed and ratified the Addi6 tional Protocol; and

7 (B) has not fully complied with United Na8 tions Security Council Resolution 1540.

9 (3) REPORT.—

10 (A) IN GENERAL.—Not later than 90 days

11 after the date of the enactment of this Act and

12 annually thereafter until September 31, 2010,

13 the Secretary of State shall submit to the ap14 propriate congressional committees a report on

15 United States efforts to promote full compliance

16 by all countries with United Nations Security

17 Council Resolution 1540, with particular atten18 tion to:

19 (i) United States efforts in appro20 priate international organizations or fora

21 to elaborate and implement international

22 standards for such full compliance; and

23 (ii) steps taken by the United States

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1 gations under United Nations Security

2 Council Resolution 1540.

3 (B) SUBMISSION.—The report required

4 under this paragraph may be submitted to5 gether with the report on ‘‘Patterns of Global

6 of Terrorism’’.

7 (f) PAYMENT AT BEGINNING OF CALENDAR YEAR.—

8 The Secretary of State shall take expeditious action to en9 sure that the United States regularly assessed contribu10 tion to the IAEA is made at the beginning of each cal11 endar year.

12 (g) AUTHORIZATION OF APPROPRIATIONS.—In addi13 tion to amounts otherwise authorized to be appropriated

14 to the Secretary of State under this Act, there are author15 ized to be appropriated to the Secretary such sums as may

16 be necessary to permit the Secretary to ensure that the

17 United States regularly assessed contribution of its annual

18 dues to the IAEA is provided to the IAEA at the begin19 ning of each calendar year to compensate for the current

20 delayed payment described under subsection (b).


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AMENDMENT TO THE AMENDMENT IN THE

NATURE OF A SUBSTITUTE TO H.R. 2601

OFFERED BY MR. HYDE OF ILLINOIS

In section 101(1)(G) (relating to minority recruitment), strike ‘‘$2,000,000’’ both places it appears and

insert ‘‘$3,000,000’’.


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AMENDMENT TO THE AMENDMENT IN THE

NATURE OF A SUBSTITUTE TO H.R. 2601

OFFERED BY MR. HYDE OF ILLINOIS

In section 104(b) (relating to refugee resettlement in

Israel), insert before the period at the end the following:

‘‘for resettlement of refugees in Israel’’.


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1 human rights, the rule of law, conflict prevention,

2 and the promotion of civilian police roles that sup3 port democratic governance and foster improved po4 lice relations between law enforcement forces and

5 the communities in which they serve;

6 ‘‘(10) with respect to assistance to combat traf7 ficking in persons, particularly trafficking in persons

8 by organized crime; or

9 ‘‘(11) with respect to assistance in direct sup10 port of developing capabilities for and deployment to

11 impending or ongoing peace operations of the United

12 Nations or comparable regional organizations.’’.

13 (b) TECHNICAL AMENDMENTS.—Section 660 of the

14 Foreign Assistance Act of 1961 (22 U.S.C. 2420) is

15 amended—

16 (1) in subsection (b) (as amended by subsection

17 (a) of this section)—

18 (A) by striking paragraph (2);

19 (B) in paragraph (4), by striking ‘‘or’’ at

20 the end;

21 (C) in paragraph (7), by moving the mar22 gin 2 ems to the left; and

23 (D) by redesignating paragraphs (3)

24 through (11) as paragraphs (2) through (10),

25 respectively; and


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1 (2) by striking subsection (d).


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AMENDMENT TO H.R. llll

(STATE DEPARTMENT AUTHORIZATION, FISCAL

YEARS 2006 AND 2007)

OFFERED BY MR. LANTOS OF CALIFORNIA

Insert in the appropriate place the following new

section:

1 SEC. lll. SUPPORT FOR SMALL AND MEDIUM ENTER2 PRISES.

3 Section 240 of the Foreign Assistance Act of 1961

4 (22 U.S.C. 2200) is amended by adding at the end the

5 following:

6 ‘‘(c) SUPPORT FOR SMALL AND MEDIUM ENTER7 PRISES IN SUB-SAHARAN AFRICA.—

8 ‘‘(1) SUPPORT.—The Corporation is com9 mended for its activities in support of the develop10 ment of small and medium enterprises, and is en11 couraged to exercise its authorities to promote in12 vestments in financial institutions that are duly in13 corporated in sub-Saharan African countries, to the

14 extent that the purpose of such investments is to ex15 pand investment and lending opportunities to small

16 and medium enterprises that—


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1 ‘‘(A) are substantially owned by nationals

2 of sub-Saharan African countries; and

3 ‘‘(B) are engaged in domestic commerce or

4 international trade in sectors such as housing,

5 agriculture, fishing, textiles and apparel, tour6 ism, electronics, technology, manufacturing, and

7 services.

8 ‘‘(2) CONSIDERATION.—In making a determina9 tion to provide insurance and financing to financial

10 institutions referred to in paragraph (1), the Cor11 poration should take into consideration the extent to

12 which a project establishes and implements a non13 discrimination in lending policy to prohibit discrimi14 nation based on ethnicity, sex, color, race, religion,

15 physical disability, marital status, or age.

16 ‘‘(3) TECHNICAL ASSISTANCE.—In supporting a

17 project referred to in paragraph (1), the Corporation

18 may provide technical assistance to—

19 ‘‘(A) improve the quality of management of

20 financial institutions referred to in paragraph

21 (1) to ensure the safety and stability of such in22 stitutions;

23 ‘‘(B) create in such financial institutions

24 effective credit risk management systems to im25 prove the quality of the assets of such instituVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00521 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 tions and the ability of such institutions to re2 search and assess the overall credit risk of crit3 ical industries in the domestic economy; and

4 ‘‘(C) support effective credit risk manage5 ment by developing internal credit rating sys6 tems and credit assessment tools that improve

7 the ability of such financial institutions to

8 evaluate individual credit worthiness and meas9 ure the overall amount of risk posed by the

10 total number of borrowers.’’.


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1 SEC. ll. REPORT ON THE STATUS OF THE SOVEREIGNTY

2 OF LEBANON.

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that—

5 (1) all parties in the Middle East and inter6 nationally should exert every effort to implement in

7 its entirety the provisions of United Nations Secu8 rity Council Resolution 1559 (2004), which, among

9 other things—

10 (A) calls for ‘‘strict respect’’ for Lebanon’s

11 sovereignty, territorial integrity, unity, and po12 litical independence ‘‘under the sole and exclu13 sive authority of the Government of Lebanon

14 throughout Lebanon’’;

15 (B) calls upon all remaining foreign forces

16 to withdraw from Lebanon;

17 (C) calls for the ‘‘disbanding and disar18 mament of all Lebanese and non-Lebanese mili19 tias’’; and

20 (D) supports the extension of the control

21 of the Government of Lebanon over all Leba22 nese territory;

23 (2) in accordance with United Nations Security

24 Council Resolution 1559, all militias in Lebanon, inVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00523 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 cluding Hizballah, should be disbanded and dis2 armed at the earliest possible opportunity, and the

3 armed forces of Lebanon should take full control of

4 all of Lebanon’s territory and borders;

5 (3) the Government of Lebanon is responsible

6 for the disbanding and disarming of the militias, in7 cluding Hizballah, and preventing the flow of arma8 ments and other military equipment to the militias,

9 including Hizballah, from Syria, Iran, and other ex10 ternal sources;

11 (4) the Government of the United States should

12 closely monitor progress toward full implementation

13 of all aspects of United Nations Security Council

14 Resolution 1559, particularly the matters described

15 in subparagraphs (A) through (D) of paragraph (1);

16 (5) the Government of the United States should

17 closely monitor the Government of Lebanon’s efforts

18 to stanch the flow of armaments and other military

19 equipment to Hizballah and other militias from ex20 ternal sources, such as Syria and Iran;

21 (6) the United States and its allies should con22 sider providing training and other assistance to the

23 armed forces of Lebanon to enhance their ability to

24 disarm Hizballah and other militias and stanch the

25 flow of arms to Hizballah and other militias; and


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H.L.C.

1 (7) United States assistance provided to Leb2 anon after the date of the enactment of this Act may

3 be affected if Lebanon does not make every effort to

4 disarm militias, including Hizballah, and to deny

5 them re-armament.

6 (b) REPORT.—Not later than 120 days after the date

7 of the enactment of this Act, and every 180 days there8 after, the Secretary of State shall submit to the appro9 priate congressional committees a report that describes

10 and evaluates—

11 (1) the extent to which armed militias continue

12 to operate in Lebanon and the progress of the Gov13 ernment of Lebanon to disband and disarm such mi14 litias;

15 (2) the extent to which the Government of Leb16 anon is committed to disbanding and disarming

17 Hizballah and other militias and stanching the flow

18 of arms to Hizballah and other militias;

19 (3) the progress of the armed forces of Lebanon

20 to deploy to and take full control of all of Lebanon’s

21 borders;

22 (4) the extent to which countries in the region

23 attempt to direct arms to Lebanon-based militias or

24 allow their territory to be traversed for this purpose


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H.L.C.

1 and the extent to which these armament efforts suc2 ceed;

3 (5) the routes and means used by external

4 sources attempting to supply arms to the Lebanon5 based militias the countries that are involved in

6 these efforts;

7 (6) the efforts of the United States and its al8 lies to facilitate the process of disbanding and dis9 arming Lebanon-based militias and stanching the

10 flow of weapons to such militias; and

11 (7) any recommendations for legislation to sup12 port the disbanding and disarming of Lebanon-based

13 militias.

14 (c) FORM.—The report required by subsection (b)

15 shall be submitted in unclassified form and may contain

16 a classified annex if necessary.

17 (d) CERTIFICATION.—The requirement to submit a

18 report under subsection (b) shall no longer apply if the

19 Secretary certifies to the appropriate congressional com20 mittees that all Lebanon-based militias have been dis21 banded and disarmed and the armed forces of Lebanon

22 are deployed to and in full control of Lebanon’s borders.


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AMENDMENT TO H.R. 2601

OFFERED BY MR. LANTOS OF CALIFORNIA

(Amendatory Instructions Refer to the Amendment in the

Nature of a Substitute)

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. SENSE OF CONGRESS REGARDING THE CON2 TRIBUTIONS OF IRAQI KURDS.

3 (a) FINDINGS.—Congress finds the following:

4 (1) Iraqi Kurdish forces played a unique and

5 significant role in the fight to liberate Iraq for all

6 Iraqis in 2003.

7 (2) Since Iraq’s liberation, Iraqi Kurdish lead8 ers have played prominent and constructive roles in

9 the drafting and passage of the Transitional Admin10 istrative Law and, more generally, in seeking to

11 achieve a free, stable, and democratic Iraq.

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that—

14 (1) Iraqi Kurds should be commended for their

15 many contributions and sacrifices made in the cause

16 of creating a free, stable, and democratic Iraq; and


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H.L.C.

1 (2) the Iraqi Transitional Government and the

2 Kurdistan Regional Government are expected to ad3 here to the highest standards of democratic govern4 ance, including through enforcement of full equality

5 and rights for all religious and ethnic minorities,

6 such as Assyrians and Turcomans.


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H.L.C.

1 TITLE ll—NUCLEAR BLACK

2 MARKET ELIMINATION ACT

3 SEC. l01. SHORT TITLE.

4 This title shall be referred to as the ‘‘Nuclear Black

5 Market Elimination Act of 2005’’.

6 Subtitle A—Sanctions for Transfers

7 of Nuclear Enrichment, Reproc8 essing, and Weapons Tech9 nology, Equipment and Mate10 rials Involving Foreign Persons

11 and Terrorists

12 SEC. l11. AUTHORITY TO IMPOSE SANCTIONS ON FOREIGN

13 PERSONS.

14 (a) DETERMINATION OF NUCLEAR ACTIVITIES BY

15 FOREIGN PERSONS.—Notwithstanding any other provi16 sion of law, the President is authorized to impose any or

17 all of the sanctions described in subsection (b) whenever

18 the President determines that a foreign person partici19 pated, on or after the date of the enactment of this Act,

20 in the export, transfer or trade of—

21 (1) nuclear enrichment or reprocessing equip22 ment, materials, or technology to any nonnuclearVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00529 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 weapon state (as defined in section 102(c) of the

2 Arms Export Control Act) that—

3 (A) does not possess functioning nuclear

4 enrichment or reprocessing plants as of Janu5 ary 1, 2004; and

6 (B)(i) does not have in force an additional

7 protocol with the International Atomic Energy

8 Agency for the application of safeguards (as de9 rived from IAEA document INFCIRC/540 and

10 related corrections and additions); or

11 (ii) is developing, manufacturing, or ac12 quiring a nuclear explosive device; or

13 (2) any nuclear explosive device, or design in14 formation or component, equipment, materials, or

15 other items or technology that—

16 (A) is designated for national export con17 trols under the Nuclear Supplier Group Guide18 lines for the Export of Nuclear Material, Equip19 ment and Technology (published by the Inter20 national Atomic Energy Agency as IAEA docu21 ment INFICRC/254/Rev. 6/Part 1 and subse22 quent revisions) and the Guidelines for Trans23 fers of Nuclear-Related Dual-Use Equipment,

24 Material, and Related Technology (published as


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H.L.C.

1 IAEA document INFCIRC/254/Rev. 5/ Part 2

2 and subsequent revisions); and

3 (B) contributes to the development, manu4 facture, or acquisition of a nuclear explosive de5 vice by—

6 (i) a nonnuclear weapon state; or

7 (ii) a foreign person.

8 (b) SANCTIONS.—The sanctions referred to in sub9 section (a) that are to be imposed on a foreign person are

10 the following:

11 (1) No assistance may be provided to the for12 eign person under the Foreign Assistance Act of

13 1961, and the foreign person may not participate in

14 any assistance program of the United States Gov15 ernment. Any such assistance being provided to the

16 foreign person, and any participation in such assist17 ance program by the foreign person, on the date on

18 which the sanction under this paragraph is imposed,

19 shall be terminated as of such date.

20 (2) The United States Government may not sell

21 any defense articles, defense services, or design or

22 construction services to the foreign person under the

23 Foreign Assistance Act of 1961 or the Arms Export

24 Control Act, and any contract to sell such articles or

25 services, under either such Act, that is in effect on


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H.L.C.

1 the date on which the sanction under this paragraph

2 is imposed, shall be terminated as of such date.

3 (3) Licenses or any other approval may not be

4 issued to the foreign person for the export or import

5 of any defense articles or defense services under the

6 Arms Export Control Act or its implementing regu7 lations. Any such license or approval that is in effect

8 on the on the date on which the sanction under this

9 paragraph is imposed, shall be terminated as of such

10 date.

11 (4) Licenses or any other approval may not be

12 issued to the foreign person for the export of any

13 goods or technology subject to the jurisdiction of the

14 Export Administration Regulations under chapter

15 VII of title 15, Code of Federal Regulations (or suc16 cessor regulations), other than food and other agri17 cultural commodities, medicines and medical equip18 ment. Any such license or approval that is in effect

19 on the on the date on which the sanction under this

20 paragraph is imposed, shall be terminated as of such

21 date.

22 (c) PERIOD SANCTIONS IN EFFECT.—The sanctions

23 referred to in subsection (b) should be imposed for not

24 less than two years, but may be imposed for longer peri25 ods. The President may suspend after one year any sancVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00532 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 tion imposed pursuant to this section 15 days after sub2 mitting to the appropriate congressional committees a re3 port explaining—

4 (1) the reasons for modifying or terminating

5 the sanction;

6 (2) how the purposes of this Act and United

7 States national security are furthered by such modi8 fication or termination; and

9 (3) what measures the United States will take

10 or is taking to ensure that the foreign person will

11 not engage in similar activities in the future.

12 SEC. l12. PRESIDENTIAL NOTIFICATION ON ACTIVITIES OF

13 FOREIGN PERSONS.

14 (a) REPORTS TO CONGRESS.—Not later than 180

15 days after enactment of this Act and no later than Janu16 ary 31 of each year thereafter, the President shall submit

17 to the appropriate congressional committees a report de18 tailing any activity by any foreign person described in sec19 tion l11. This report shall also include a description of

20 any sanctions that have been imposed and their duration.

21 (b) PUBLICATION.—When the President imposes

22 sanctions under section ll11, the President shall, to the

23 maximum extent unclassified, publish in the Federal Reg24 ister, not later than 15 days after reporting such sanctions

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1 section (a), the identity of each sanctioned foreign person,

2 the period for which sanctions will be in effect, and the

3 reasons for the sanctions.

4 Subtitle B—Further Actions

5 Against Corporations Associated

6 With Sanctioned Foreign Per7 sons

8 SEC. l21. FINDINGS.

9 The Congress finds the following:

10 (1) Foreign persons and corporations engaging

11 in nuclear black-market activities are motivated by

12 reasons of commercial gain and profit.

13 (2) Sanctions targeted solely against the busi14 ness interests of the sanctioned person or business

15 concern may be unsuccessful in halting these pro16 liferation activities, as the sanctions may be seen

17 merely as the cost of doing business, especially if the

18 business interests of the parent or subsidiary cor19 porate entities are unaffected by the sanctions.

20 (3) Such narrow targeting of sanctions creates

21 the incentive to create shell and ‘‘carve-out’’ cor22 porate entities to perform the proliferation activities

23 and attract sanctions, leaving all other aspects of the

24 larger corporation unaffected.


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1 (4) To dissuade corporations from allowing

2 their associated commercial entities or persons from

3 engaging in proliferation black-market activities,

4 they must also be made to suffer financial loss and

5 commercial disadvantage; parent and subsidiary

6 commercial enterprises must be held responsible for

7 the proliferation activities of their associated enti8 ties.

9 (5) If a corporation perceives that the United

10 States Government will do everything possible to

11 make its commercial activity difficult around the

12 world, then that corporation has a powerful commer13 cial incentive to prevent any further proliferation ac14 tivity by its associated entities.

15 (6) Therefore, the United States Government

16 should seek to increase the risk of commercial loss

17 for associated corporate entities for the proliferation

18 actions of their subsidiaries.

19 SEC. l22. CAMPAIGN BY U.S. GOVERNMENT OFFICIALS.

20 The President shall instruct all agencies of the

21 United States Government to make every effort in their

22 interactions with foreign government and business officials

23 to persuade foreign governments and relevant corporations

24 not to engage in any business transaction with a foreign

25 person sanctioned under section l11, including any parVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00535 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 ent or subsidiary of the sanctioned foreign person, for the

2 duration of the sanctions.

3 SEC. l23. COORDINATION.

4 The Secretary of State shall coordinate the actions

5 of the United States Government under section l22.

6 SEC. l24. REPORT.

7 Not later than 1 year after the date of the enactment

8 of this Act and annually thereafter, the Secretary of State

9 shall report to the appropriate congressional committees

10 on the actions taken by the United States to carry out

11 section section l22.

12 Subtitle C—Incentives for Pro13 liferation Interdiction Coopera14 tion

15 SEC. l31. AUTHORITY TO PROVIDE ASSISTANCE TO COOP16 ERATIVE COUNTRIES.

17 The President is authorized to provide, on such terms

18 as the President considers appropriate, assistance under

19 section l32 to any country that cooperates with the

20 United States and with other countries allied with the

21 United States to prevent the transport and transshipment

22 of items of proliferation concern in its national territory

23 or airspace or in vessels under its control or registry.


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1 SEC. l32. TYPES OF ASSISTANCE.

2 The assistance authorized under section l31 is the

3 following:

4 (1) Assistance under section 23 of the Arms

5 Export Control Act (22 U.S.C. 2763).

6 (2) Assistance under chapters 4 and 5 of part

7 II of the Foreign Assistance Act of

8 (3) Drawdown of defense equipment and serv9 ices under section 516 of the Foreign Assistance Act

10 of 1961.

11 SEC. l33. CONGRESSIONAL NOTIFICATION.

12 Assistance authorized under this subtitle may not be

13 provided until at least 30 days after the date on which

14 the President has provided notice thereof to the appro15 priate congressional committees, in accordance with the

16 procedures applicable to reprogramming notifications

17 under section 634A(a) of the Foreign Assistance Act of

18 1961.

19 SEC. l34. LIMITATION.

20 Assistance may be provided to a country under sec21 tion l31 in no more than 3 fiscal years.

22 SEC. l35. USE OF ASSISTANCE.

23 To the extent practicable, assistance provided under

24 this subtitle shall be used to enhance the capability of the

25 recipient country to prevent the transport and trans26 shipment of items of proliferation concern in its national


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1 territory or airspace, or in vessels under its control or reg2 istry, including through the development of a legal frame3 work in that country to enhance such capability by crim4 inalizing proliferation, enacting strict export controls, and

5 securing sensitive materials within its borders.

6 SEC. l36. LIMITATION ON SHIP OR AIRCRAFT TRANSFERS

7 TO UNCOOPERATIVE COUNTRIES.

8 Notwithstanding any other provision of law, the

9 United States may not transfer any excess defense article

10 that is a vessel or an aircraft to a country that has not

11 agreed that it will support and assist efforts by the United

12 States to interdict items of proliferation concern until thir13 ty days after the date on which the President has provided

14 notice of the proposed transfer to the appropriate congres15 sional committees in accordance with the procedures appli16 cable to reprogramming notifications under section

17 634A(a) of the Foreign Assistance Act of 1961, in addi18 tion to any other requirement of law.

19 Subtitle D—Rollback of Nuclear

20 Proliferation Networks

21 SEC. l41. NONPROLIFERATION AS A CONDITION OF

22 UNITED STATES ASSISTANCE.

23 United States foreign assistance should only be pro24 vided to countries that—


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1 (1) are not cooperating with any non-nuclear

2 weapon state or any foreign group or individual who

3 may be engaged in, planning, or assisting inter4 national terrorism in the development of a nuclear

5 explosive device or its means of delivery and are tak6 ing all necessary measures to prevent their nationals

7 and other persons and entities subject to their juris8 diction from participating in such cooperation; and

9 (2) are fully and completely cooperating with

10 the United States in its efforts to eliminate nuclear

11 black-market networks or activities.

12 SEC. l42. REPORT ON IDENTIFICATION OF NUCLEAR PRO13 LIFERATION NETWORK HOST COUNTRIES.

14 (a) REPORT.—

15 (1) IN GENERAL.—Not later than 90 days after

16 the date of the enactment of this Act and annually

17 thereafter, the President shall submit a report to the

18 appropriate congressional committees that—

19 (A) identifies any country in which manu20 facturing, brokering, shipment, transshipment,

21 or other activity occurred in connection with the

22 transactions of the nuclear proliferation net23 work that supplied Libya, Iran, North Korea

24 and possibly other countries or entities, and


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1 (B) includes any additional information

2 with respect to any country and any other nu3 clear proliferation networks or activities and the

4 foreign persons believed to be participating

5 therein, including any information relating to

6 the participation of any foreign person in the

7 export, transfer or trade described in section

8 l11.

9 (2) ADDITIONAL INFORMATION.—The report

10 under paragraph (1) shall also include a description

11 of the extent to which each country described in the

12 report is, in the opinion of the President, fully co13 operating with the United States in its efforts to

14 eliminate the nuclear proliferation network described

15 in paragraph (1)(A) and any other nuclear prolifera16 tion networks or activities. The President shall base

17 the determination regarding a country’s cooperation

18 with the United States in part on the degree to

19 which the country has satisfied United States re20 quests for assistance and information, including

21 whether the United States has asked and been

22 granted direct investigatory access to key persons in23 volved in a nuclear proliferation network.

24 (b) CLASSIFICATION.—Reports under this section

25 shall be unclassified to the maximum extent possible.


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1 SEC. l43. SUSPENSION OF ARMS SALES LICENSES AND DE2 LIVERIES TO NUCLEAR PROLIFERATION NET3 WORK HOST COUNTRIES.

4 (a) SUSPENSION.—Upon submission of the report

5 and any additional information under section l42 to the

6 appropriate congressional committees, the President shall

7 suspend all licenses issued under the Arms Export Control

8 Act, and shall prohibit any licenses to be issued under that

9 Act, to any country described in the report or additional

10 information, until such time as the President certifies to

11 the appropriate congressional committees that such

12 country—

13 (1)(A) has fully investigated or is fully inves14 tigating the activities of any person or entity within

15 its territory that has participated in the nuclear pro16 liferation network or activities; and

17 (B) has taken or is taking effective steps to

18 permanently halt similar illicit nuclear proliferation

19 or acquisition activities;

20 (2) has been or is fully cooperating with the

21 United States and other appropriate international

22 organizations in investigating and eliminating the

23 nuclear proliferation network, any successor net24 works operating within its territory, or other illicit

25 proliferation and acquisition activities; and


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1 (3) has enacted or is enacting new laws, pro2 mulgated decrees or regulations, or established prac3 tices designed to prevent future such activities from

4 occurring within its territory.

5 (b) WAIVER.—The President may waive the require6 ments of subsection (a) in a fiscal year if—

7 (1) the President has certified to the appro8 priate congressional committees that the waiver is

9 important to the national security of the United

10 States; and

11 (2) 5 days have elapsed since making the cer12 tification under paragraph (1).

13 Subtitle E—General Provisions

14 SEC. l51. DEFINITIONS.

15 In this title:

16 (1) PARTICIPATED.—The term ‘‘participated’’

17 means to have sold, transferred, brokered, financed,

18 assisted, delivered or otherwise provided or received,

19 and includes any conspiracy or attempt to partici20 pate in any of the preceding activities, as well as fa21 cilitating such activities by any other person.

22 (2) FOREIGN PERSON.—The term ‘‘foreign per23 son’’ has the meaning provided in section

24 38(g)(9)(C) of the Arms Export Control Act (22

25 U.S.C. 2778(g)(9)(C)) and includes, for purposes of


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1 subsections (a) and (b) of section l11, successors,

2 assigns, subsidiaries, and subunits and other busi3 ness organizations or associations in which that per4 son may be deemed to have a controlling interest.

5 (3) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means the Committee on International Re8 lations of the House of Representatives and the

9 Committee on Foreign Relations of the Senate.

10 (4) EXCESS DEFENSE ARTICLE.—The term

11 ‘‘excess defense article’’ has the meaning given that

12 term in section 644(g) of the Foreign Assistance Act

13 of 1961 (22 U.S.C. 2403(g)).

14 (5) ITEMS OF PROLIFERATION CONCERN.—The

15 term ‘‘items of proliferation concern’’ means any

16 equipment, materials, or technology that could mate17 rially support the research, development, manufac18 turing, or acquisition by any means of a nuclear ex19 plosive device, a chemical or biological weapon, or

20 missile with a payload of 500 kilograms or greater

21 and with a range of 300 kilometers or greater.

22 (6) PERSON.—The term ‘‘person’’—

23 (A) means a natural person as well as a

24 corporation, business association, partnership,

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1 ty, organization, or group, and any govern2 mental entity, or subsidiary, subunit, or parent

3 entity thereof, and any successor of any such

4 entity; and

5 (B) in the case of a country where it may

6 be impossible to identify a specific governmental

7 entity referred to in subparagraph (A), means

8 all activities of that government relating to the

9 development or production of any nuclear

10 equipment or technology.

11 (7) UNITED STATES FOREIGN ASSISTANCE.—

12 The term ‘‘United States foreign assistance’’ means

13 assistance under the foreign operations, export fi14 nancing, and related programs appropriations Act

15 for a fiscal year, and assistance under the Foreign

16 Assistance Act of 1961.


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AMENDMENT TO H.R. 2601

OFFERED BY MR. MCCAUL OF TEXAS

(Amendatory Instructions Refer to the Amendment in the

Nature of a Substitute)

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. REPORT ON ACTIVITIES OF INTERNATIONAL TER2 RORIST ORGANIZATIONS IN LATIN AMERICA

3 AND THE CARIBBEAN.

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that—

6 (1) activities in Latin America and the Carib7 bean by international terrorist organizations and

8 their affiliates and supporters represent a direct

9 threat to the national security of the United States

10 and hemispheric stability;

11 (2) international terrorist organizations, such

12 as Hezbollah and Hamas, have profited and taken

13 advantage of the dearth or weakened state of the

14 rule of law in many Latin American and Caribbean

15 countries to further their own aims; and


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1 (3) the United States should work cooperatively

2 with countries of Latin America and the Caribbean

3 to expose and prevent such activities.

4 (b) REPORT.—Not later than 180 days after the date

5 of the enactment of this Act, and not later than June 30

6 of the year thereafter, the Secretary of State shall submit

7 to the appropriate congressional committees a report on

8 the activities of international terrorist organizations in

9 Latin America and the Caribbean. The report shall include

10 the following:

11 (1) An assessment of the membership, stated

12 intentions, recruitment, and terrorist fundraising ca13 pabilities of each international terrorist organization

14 operating in Latin America and the Caribbean.

15 (2) An assessment of the relationship of each

16 such international terrorist organization with other

17 criminal enterprises or terrorist organizations for

18 fundraising and other criminal purposes.

19 (3) An assessment of the activities of each such

20 international terrorist organization.

21 (c) FORM.—The report required by subsection (b)

22 shall be submitted in unclassified form but may contain

23 a classified annex.


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AMENDMENT TO THE AMENDMENT IN THE

NATURE OF A SUBSTITUTE FOR H.R. 2601

OFFERED BY MR. SCHIFF OF CALIFORNIA

(Foreign Relations Authorization Act, Fiscal Years 2006 and

2007)

At the appropriate place in the bill, insert the following (and conform the table of contents accordingly):

1 SEC. ll. SENSE OF CONGRESS RELATING TO PROLIFERA2 TION SECURITY INITIATIVE.

3 It is the sense of Congress that—

4 (1) the Secretary of State should strive to ex5 pand and strengthen the Proliferation Security Ini6 tiative announced on May 31, 2003, by President

7 George W. Bush, placing particular emphasis on in8 cluding countries outside of the North Atlantic Trea9 ty Organization (NATO); and

10 (2) the United States should seek an inter11 national instrument, in the form of a United Na12 tions Security Council resolution, multilateral treaty,

13 or other agreement, to enhance international co14 operation with the Proliferation Security Initiative

15 regarding the interdiction, seizure, and impound16 ment in international waters and airspace of illicit


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1 shipments of weapons of mass destruction and their

2 delivery systems and of related materials, equipment,

3 and technology.


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H.L.C.

AMENDMENT TO H.R. lll

OFFERED BY MR. SCHIFF OF CALIFORNIA

(Foreign Relations Authorization Act, Fiscal Years 2006 and

2007)

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. ANALYSIS OF EMPLOYING WEAPONS SCIENTISTS

2 FROM THE FORMER SOVIET UNION IN

3 PROJECT BIOSHIELD.

4 (a) REPORT.—Not later than November 1, 2006, the

5 Secretary of State, after consultation with the Secretary

6 of Health and Human Services, shall submit to the appro7 priate congressional committees a report containing an

8 analysis of—

9 (1) the scientific and technological contributions

10 that scientists formerly employed in the former So11 viet Union in the field of biological warfare could

12 make to the research and development of biomedical

13 countermeasures;

14 (2) the practical alternative methods through

15 which the services of such scientists could be em16 ployed so as to facilitate the application of the


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1 knowledge and experience of such scientists to such

2 research and development;

3 (3) the cost-effectiveness of those methods of

4 employing the services of those scientists; and

5 (4) the desirability and national security impli6 cations of providing employment opportunities for

7 such scientists in the field of research and develop8 ment of biomedical countermeasures for purposes of

9 biological weapon nonproliferation.

10 (b) RECOMMENDATIONS.—Each Secretary shall also

11 include in the report required under subsection (a) any

12 recommendations of each for appropriate legislation to ad13 dress the issues analyzed in the report.

14 (c) DEFINITION.—In this section, the term ‘‘bio15 medical countermeasures’’ means a drug (as such term is

16 defined in section 201(g)(1) of the Federal Food, Drug,

17 and Cosmetic Act (21 U.S.C. 321(g)(1))), biological prod18 uct (as such term is defined in section 351(i) of the Public

19 Health Service Act (42 U.S.C. 262(i))), or device (as such

20 term is defined in section 201(h) of the Federal Food,

21 Drug, and Cosmetic Act (21 U.S.C. 321(h))) that is

22 used—

23 (1) in the diagnosis, cure, mitigation, treat24 ment, or prevention of harm from any biological,

25 chemical, radiological, or nuclear agent that may


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1 cause a public health emergency affecting national

2 security; or

3 (2) in diagnosis, cure, mitigation, treatment, or

4 prevention of harm from a condition that may result

5 in adverse health consequences or death.


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H.L.C.

AMENDMENT TO H.R. llll

(STATE DEPARTMENT AUTHORIZATION, FISCAL

YEARS 2006 AND 2007)

OFFERED BY MR. SCHIFF OF CALIFORNIA

Insert in the appropriate place the following new

section:

1 SEC. lll. SENSE OF CONGRESS REGARDING SECURITY

2 OF NUCLEAR WEAPONS AND MATERIALS.

3 It is the sense of the Congress that the President

4 should seek to devise and implement standards to improve

5 the security of nuclear weapons and materials by—

6 (1) establishing with other willing nations a set

7 of guidelines containing performance-based stand8 ards for the security of nuclear weapons and mate9 rials;

10 (2) negotiating with those nations agreements

11 to adopt guidelines containing performance-based

12 standards and implement appropriate verification

13 measures to assure ongoing compliance;

14 (3) coordinating with those nations and the

15 International Atomic Energy Agency to strongly en16 courage other nations to adopt and verifiably imple17 ment the standards; and


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H.L.C.

1 (4) encouraging all nations to work with the

2 International Atomic Energy Agency to complete the

3 negotiation, adoption, and implementation of its pro4 posed series of documents related to the security of

5 nuclear materials.


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H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. SMITH OF NEW JERSEY

(Amendatory Instructions Refer to the Amendment in the

Nature of a Substitute)

Page 17, after line 2, insert the following new subsection:

1 (c) PILOT PROGRAM FOR REFUGEE

2 WAREHOUSING.—

3 (1) PILOT PROGRAM.—Of the amounts author4 ized to be appropriated under subsection (a), there

5 are authorized to be appropriated $2,500,000 for

6 each of fiscal years 2006 and 2007 for the establish7 ment and implementation of a two-year pilot pro8 gram to improve conditions for long-term refugee

9 populations that are currently assisted in camps or

10 other segregated settlements.

11 (2) REQUIREMENTS.—In carrying out the pilot

12 program under paragraph (1), the Secretary of

13 State shall—

14 (A) seek to protect and ensure basic rights

15 granted to refugees under the 1951 Convention

16 Relating to the Status of Refugees and the


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H.L.C.

1 1967 Protocol Relating to the Status of Refu2 gees;

3 (B) seek innovative modules or methods to

4 assist long-term refugee populations both within

5 and outside traditional camp settings, as appro6 priate, that support refugees living or working

7 in local communities, such as integration of ref8 ugees into local schools and services, resource

9 conservation and livelihood projects designed to

10 diminish conflict between refugee hosting com11 munities and refugees, and engagement of civil

12 society components of refugee hosting commu13 nities in a policy dialogue with the United Na14 tions High Commissioner for Refugees

15 (UNHCR) and international and nongovern16 mental refugee assistance organizations to en17 hance options to assist refugees and promote

18 the rights to which refugees may be entitled

19 under the 1951 Convention and 1967 Protocol;

20 (C) provide a United States voluntary con21 tribution to UNHCR to conduct the pilot pro22 gram in cooperation with nongovernmental or23 ganizations with expertise in the protection of

24 refugee rights, one or more major operational

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1 sultation with host countries, the United States,

2 and other donor countries; and

3 (D) urge UNHCR to select not less than

4 three host countries in which to conduct the

5 pilot program.

6 (3) REPORT.—Not later than one year after the

7 date on which the first pilot program is established

8 pursuant to paragraph (2), the Secretary shall sub9 mit to the appropriate congressional committees a

10 report on the implementation of this subsection, the

11 development of innovative models to protect and as12 sist refugees, and recommendations for ensuring ref13 ugee rights are respected in countries of temporary

14 asylum.


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H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MS. WATSON OF CALIFORNIA

(Amendatory Instructions Refer to the Amendment in the

Nature of a Substitute)

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. REVIEW OF HUMAN RESOURCES POLICIES OF

2 THE DEPARTMENT OF STATE.

3 (a) BOTTOM-UP REVIEW OF ELEMENTS OF THE DE4 PARTMENT OF STATE.—The Secretary of State shall con5 duct ongoing, thorough reviews of the organizational

6 structure and human resource policies of all elements of

7 the Department of State to determine those organizational

8 structures are most effectively organized and whether per9 sonnel with the appropriate skill sets are being hired,

10 trained, and utilized to meet national security challenges,

11 including those posed by international terrorist threats.

12 (b) EMPHASIS ON DIVERSITY.—The review con13 ducted under subsection (a) shall include an emphasis on

14 improving the ethnic, racial, cultural, and gender diversity

15 of personnel of the Department of State.


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H.L.C.

1 (c) BIENNIAL REPORT.—The Secretary shall submit

2 to the appropriate congressional committees a biennial re3 port on the reviews conducted under this section and ef4 forts to improve diversity of the personnel of the Depart5 ment of State.


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H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. WEXLER OF FLORIDA

(Amendatory Instructions Refer to the Amendment in the

Nature of a Substitute)

At the end of subtitle B of title IX of the bill, add

the following new section:

1 SEC. ll. SENSE OF CONGRESS REGARDING ACTION

2 AGAINST AL-MANAR TELEVISION.

3 (a) FINDINGS.—Congress finds that—

4 (1) in 1996, the Secretary of State designated

5 Hizballah as a foreign terrorist organization (FTO)

6 under section 219 of the Immigration and Nation7 ality Act;

8 (2) al-Manar television is owned and controlled

9 by Hizballah and acts on behalf of Hizballah, as

10 openly acknowledged by Hizballah leader Hasan

11 Nasrallah;

12 (3) al-Manar’s programming, in accordance

13 with Hizballah’s policy, openly promotes hatred of

14 and graphically glorifies and incites violence, includ15 ing suicide bombings, against Americans, Israelis,

16 and Jews;


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H.L.C.

1 (4) in December 2004, the Secretary of State

2 placed al-Manar on its Terrorist Exclusion List, im3 mediately after which the sole satellite company that

4 broadcast al-Manar in North America pulled al5 Manar off the air;

6 (5) in recent months, several European Union

7 (EU) countries and EU-based satellite companies

8 have taken actions that severely limit al-Manar’s

9 broadcasting reach in Europe; and

10 (6) al-Manar continues to broadcast to all of

11 the Arab world, much of non-Arab Asia, most of

12 Central and South America, and parts of Europe,

13 with the cooperation of companies headquartered in

14 Europe and the Arab world.

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that—

17 (1) all countries that host satellite companies

18 that broadcast al-Manar, on whose territory al19 Manar may be viewed over media subject to govern20 ment regulation, or where advertising or other finan21 cial support for al-Manar originates, should take ac22 tion, by the strongest and most comprehensive ap23 propriate means available, to suppress al-Manar’s

24 terroristic programming; and


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H.L.C.

1 (2) the Arab States Broadcasting Union, which

2 is part of the Arab League, should revoke al3 Manar’s membership status because of its promotion

4 of hatred and incitement to violence, including sui5 cide bombings, directed toward Americans, Israelis,

6 and Jews.


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H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. LANTOS OF CALIFORNIA

(Amendatory Instructions Refer to the Amendment in the

Nature of a Substitute)

At the end of the bill, add the following new title

(and conform the table of contents accordingly):

1 TITLE ll—ADVANCE

2 DEMOCRACY ACT OF 2005

3 SEC. ll01. SHORT TITLE.

4 This title may be cited as the ‘‘Advance Democratic

5 Values, Address Nondemocratic Countries, and Enhance

6 Democracy Act of 2005’’ or the ‘‘ADVANCE Democracy

7 Act of 2005’’.

8 SEC. ll02. FINDINGS.

9 Congress finds the following:

10 (1) All human beings are created equal and

11 possess certain rights and freedoms, including the

12 fundamental right to participate in the political life

13 and government of their respective countries. These

14 inalienable rights are recognized in the Declaration

15 of Independence of the United States and in the

16 Universal Declaration of Human Rights of the

17 United Nations.


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H.L.C.

1 (2) The continued lack of democracy, freedom,

2 and fundamental human rights in some countries is

3 inconsistent with the universal values on which the

4 United States is based and such continued lack of

5 democracy, freedom, and fundamental human rights

6 also poses a national security threat to the United

7 States, its interests, and its friends, as it is in such

8 countries that radicalism, extremism, and terrorism

9 can flourish.

10 (3) There is also a correlation between non11 democratic rule and other threats to international

12 peace and security, including war, genocide, famine,

13 poverty, drug trafficking, corruption, refugee flows,

14 human trafficking, religious persecution, environ15 mental degradation, and discrimination against

16 women.

17 (4) The transition to democracy must be led

18 from within nondemocratic countries, including by

19 nongovernmental organizations, movements, and in20 dividuals, and by nationals of such countries who

21 live abroad. Nevertheless, democratic countries have

22 a number of instruments available for supporting

23 democratic reformers who are committed to pro24 moting effective, nonviolent change in nondemocratic

25 countries.


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1 (5) United States efforts to promote democracy

2 and protect human rights in countries where they

3 are lacking can be strengthened to improve assist4 ance for such reformers. United States ambassadors

5 and diplomats can play a critical role in such efforts

6 to promote democracy by publicly demonstrating

7 support for democratic principles and supporting

8 democratic reformers. Training and incentives are

9 needed to assist United States officials in strength10 ening the techniques and skills required to promote

11 democracy.

12 (6) A full evaluation of United States funds ex13 pended for the support of democracy is also nec14 essary to ensure an efficient and effective use of the

15 resources that are dedicated to these efforts.

16 (7) The promotion of democracy requires a

17 broad-based effort with collaboration between all

18 democratic countries, including through the Commu19 nity of Democracies.

20 (8) The promotion of such universal democracy

21 constitutes a long-term challenge that does not al22 ways lead to an immediate transition to full democ23 racy, but through a dedicated and integrated ap24 proach can achieve universal democracy.


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1 SEC. ll03. STATEMENT OF POLICY.

2 It shall be the policy of the United States—

3 (1) to promote freedom and democracy in for4 eign countries as a fundamental component of

5 United States foreign policy;

6 (2) to affirm fundamental freedoms and human

7 rights in foreign countries and to condemn offenses

8 against those freedoms and rights as a fundamental

9 component of United States foreign policy;

10 (3) to use all instruments of United States in11 fluence to support, promote, and strengthen demo12 cratic principles, practices, and values in foreign

13 countries, including the right to free, fair, and open

14 elections, secret balloting, and universal suffrage;

15 (4) to protect and promote fundamental free16 doms and rights, including the freedom of associa17 tion, of expression, of the press, and of religion, and

18 the right to own private property;

19 (5) to protect and promote respect for and ad20 herence to the rule of law in foreign countries;

21 (6) to provide appropriate support to organiza22 tions, individuals, and movements located in non23 democratic countries that aspire to live in freedom

24 and establish full democracy in such countries;


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1 (7) to provide, political, economic, and other

2 support to foreign countries that are willingly under3 taking a transition to democracy;

4 (8) to commit United States foreign policy to

5 the challenge of achieving universal democracy; and

6 (9) to strengthen alliances and relationships

7 with other democratic countries in order to better

8 promote and defend shared values and ideals.

9 SEC. ll04. DEFINITIONS.

10 In this title:

11 (1) ANNUAL REPORT ON DEMOCRACY.—The

12 term ‘‘Annual Report on Democracy’’ means the An13 nual Report on Democracy required under section

14 ll12(a).

15 (2) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional com17 mittees’’ means—

18 (A) the Committee on International Rela19 tions of the House of Representatives; and

20 (B) the Committee on Foreign Relations of

21 the Senate.

22 (3) COMMUNITY OF DEMOCRACIES AND COMMU23 NITY.—The terms ‘‘Community of Democracies’’

24 and ‘‘Community’’ mean the association of demo25 cratic countries committed to the global promotion


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H.L.C.

1 of democratic principles, practices, and values, which

2 held its First Ministerial Conference in Warsaw, Po3 land, in June 2000.

4 (4) DEPARTMENT.—The term ‘‘Department’’

5 means the Department of State.

6 (5) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means any nongovernmental organization, inter8 national organization, multilateral institution, pri9 vate foundation, corporation, partnership, associa10 tion, or other entity, organization, or group engaged

11 in (or with plans to engage in) the promotion of de12 mocracy and fundamental rights and freedoms in

13 foreign countries categorized as ‘‘partly democratic’’

14 or ‘‘nondemocratic’’ in the most recent Annual Re15 port on Democracy.

16 (6) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible

17 individual’’ means any individual engaged in, or who

18 intends to engage in, the promotion of democracy

19 and fundamental rights and freedoms in foreign

20 countries categorized as ‘‘democratic transition

21 countries’’ or ‘‘nondemocratic’’ in the most recent

22 Annual Report on Democracy.

23 (7) REGIONAL DEMOCRACY HUB AND HUB.—

24 The terms ‘‘Regional Democracy Hub’’ and ‘‘Hub’’


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1 mean the Regional Democracy Hubs established

2 under section l11(d)(2).

3 (8) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of State.

5 (9) UNDER SECRETARY.—The term ‘‘Under

6 Secretary’’ means the Under Secretary of State for

7 Democracy and Global Affairs established under sec8 tion 1(b) of the State Department Basic Authorities

9 Act of 1956 (22 U.S.C. 2651a(b)), as amended by

10 section l11(a)(2) of this Act.

11 Subtitle A—Department of State

12 Activities

13 SEC. ll11. PROMOTION OF DEMOCRACY IN FOREIGN

14 COUNTRIES.

15 (a) CODIFICATION OF UNDER SECRETARY OF STATE

16 FOR DEMOCRACY AND GLOBAL AFFAIRS.—Section 1(b) of

17 the State Department Basic Authorities Act of 1956 (22

18 U.S.C. 2651a(b)) is amended—

19 (1) by redesignating paragraph (4) as para20 graph (5); and

21 (2) by inserting after paragraph (3) the fol22 lowing new paragraph:

23 ‘‘(4) UNDER SECRETARY OF STATE FOR DE24 MOCRACY AND GLOBAL AFFAIRS.—There shall be in

25 the Department of State, among the Under SecreVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00571 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 taries authorized by paragraph (1), an Under Sec2 retary of State for Democracy and Global Affairs,

3 who shall have primary responsibility to assist the

4 Secretary and the Deputy Secretary in the formula5 tion and implementation of United States policies

6 and activities relating to the transition to and devel7 opment of democracy in nondemocratic countries

8 and to coordinate United States policy on global

9 issues, including issues related to human rights,

10 women’s rights, freedom of religion, labor standards

11 and relations, the preservation of the global environ12 ment, the status and protection of the oceans, sci13 entific cooperation, narcotics control, law enforce14 ment, population issues, refugees, migration, war

15 crimes, and trafficking in persons. The Secretary

16 may assign such other responsibilities to the Under

17 Secretary for Democracy and Global Affairs as the

18 Secretary determines appropriate or necessary. In

19 particular, the Under Secretary shall have the fol20 lowing responsibilities:

21 ‘‘(A) Coordinating with the Under Sec22 retary for Public Diplomacy and Public Affairs

23 and officers and employees from the regional

24 bureaus of the Department of State to promote

25 the transition to democracy in nondemocratic


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1 countries and strengthen development of democ2 racy in countries that are in transition to de3 mocracy.

4 ‘‘(B) Advising the Secretary regarding any

5 recommendation requested by any official of

6 any other agency that relates to the human

7 rights situation in a foreign country or the ef8 fects on human rights or democracy in a for9 eign country of an agency program of such offi10 cial.’’.

11 (b) ADDITIONAL DUTIES FOR ASSISTANT SEC12 RETARY OF STATE FOR DEMOCRACY, HUMAN RIGHTS,

13 AND LABOR.—Section 1(c)(2)(A) of the State Department

14 Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(2)) is

15 amended by inserting after the first sentence the following

16 new sentence: ‘‘The Assistant Secretary of State for De17 mocracy, Human Rights, and Labor shall also be respon18 sible for matters relating to the transition to and develop19 ment of democracy in nondemocratic countries, including

20 promoting and strengthening the development of democ21 racy in foreign countries that are in the early stages of

22 a transition to democracy and evaluating the effectiveness

23 of United States programs that promote democracy.’’

24 (c) DEPARTMENT OF STATE AND UNITED STATES

25 MISSIONS ABROAD.—


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1 (1) OFFICE OF DEMOCRATIC MOVEMENTS AND

2 TRANSITIONS.—

3 (A) ESTABLISHMENT.—There shall be

4 within the Bureau of Democracy, Human

5 Rights, and Labor of the Department of State

6 an office that shall be responsible for working

7 with democratic movements and facilitating the

8 transition of nondemocratic and partly demo9 cratic countries to full democracy.

10 (B) PURPOSE.—In addition to any other

11 responsibilities conferred on the office, the of12 fice shall promote transitions to full democracy

13 in countries that have been designated as non14 democratic or partly democratic in the most re15 cent Annual Report on Democracy required

16 under section ll12(a).

17 (C) RESPONSIBILITIES.—The Deputy As18 sistant Secretary of State described in para19 graph (4) and employees of the office shall—

20 (i) develop relations with, consult

21 with, and provide assistance to nongovern22 mental organizations, individuals, and

23 movements that are committed to the

24 peaceful promotion of democracy, demo25 cratic principles, practices, and values, and


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1 fundamental rights and freedoms in coun2 tries described in subparagraph (B), in3 cluding fostering relationships with the

4 United States Government and the govern5 ments of other democratic countries;

6 (ii) assist officers and employees of

7 regional bureaus to develop strategies and

8 programs to promote peaceful change in

9 such countries;

10 (iii) foster dialogue, the extent prac11 ticable, between the leaders of such non12 governmental organizations, individuals,

13 and movements and the officials of such

14 countries;

15 (iv) create narratives and histories re16 quired under section ll16 for the Inter17 net site for global democracy and human

18 rights and assist in the preparation of the

19 report required under section ll12; and

20 (v) facilitate, in coordination with

21 public affairs officers and offices of the

22 Department of State responsible for public

23 diplomacy programs in such countries, de24 bates and discussions, including among

25 young people in other countries, regarding


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1 the values and benefits of democracy and

2 human rights at academic institutions in

3 such countries.

4 (2) REGIONAL DEMOCRACY HUBS AT UNITED

5 STATES MISSIONS ABROAD.—

6 (A) PILOT PROGRAM.—

7 (i) IN GENERAL.—The Secretary shall

8 establish at least one Regional Democracy

9 Hub at one United States mission in two

10 of the following geographic regions:

11 (I) the Western Hemisphere;

12 (II) Europe;

13 (III) South Asia;

14 (IV) the Near East;

15 (V) East Asia and the Pacific;

16 and

17 (VI) Africa.

18 (ii) DIRECTOR.—Each Regional De19 mocracy Hub shall be headed by a Direc20 tor. The Director and the associated staff

21 shall be selected by the Secretary of State

22 in consultation with the Assistant Sec23 retary for Democracy, Human Rights, and

24 Labor.


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1 (B) RESPONSIBILITIES.—Each Regional

2 Democracy Hub shall support the appropriate

3 United States ambassador and United States

4 employees assigned to United States missions in

5 each such geographic region to carry out the re6 sponsibilities described in this Act, including as7 sisting Ambassadors and other United States

8 Officials in each nondemocratic or partly demo9 cratic county in the geographic region in de10 signing and implementing strategies for transi11 tion to democracy of such county, including re12 gional strategies as appropriate.

13 (C) ACCREDITATION.—As appropriate, the

14 Department should seek accreditation for the

15 Director to all nondemocratic countries in each

16 geographic region for which each Hub is re17 sponsible.

18 (D) TERMINATION.—The Secretary may

19 terminate each Hub established under this

20 paragraph five years after it is established.

21 (E) CONTINUING RESPONSIBILITIES.—

22 Nothing in this paragraph shall be construed as

23 removing any responsibility under this or any

24 other act of any chief of mission or other em25 ployees of United States diplomatic missions,


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1 including the development and implementation

2 of strategies to promote democracy.

3 (F) AUTHORIZATION OF APPROPRIA4 TIONS.—There are authorized to be appro5 priated to the Secretary such sums as may be

6 necessary to carry out the responsibilities de7 scribed in subparagraph (B), including hiring

8 additional staff to carry out such responsibil9 ities.

10 (3) RESPONSIBILITIES OF THE BUREAU OF IN11 TELLIGENCE AND RESEARCH.—The Assistant Sec12 retary for Intelligence and Research should coordi13 nate with the Department of the Treasury, the De14 partment of Justice, the Central Intelligence Agency,

15 other appropriate intelligence agencies, and, as ap16 propriate, with foreign governments to—

17 (A) monitor and document financial assets

18 inside and outside the United States held by

19 leaders of countries determined to be nondemo20 cratic or a democratic transition country under

21 section ll12;

22 (B) identify close associates of such lead23 ers; and


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1 (C) monitor and document financial assets

2 inside and outside the United States held by

3 such close associates.

4 (4) COORDINATION.—

5 (A) DEPUTY ASSISTANT SECRETARY OF

6 STATE FOR DEMOCRACY, HUMAN RIGHTS, AND

7 LABOR.—There should be in the Department of

8 State a Deputy Assistant Secretary of State for

9 Democracy, Human Rights, and Labor. Any

10 such Deputy Assistant Secretary shall be in ad11 dition to the current number of such other Dep12 uty Assistant Secretaries so reporting. In addi13 tion to considering qualified noncareer can14 didates, the Secretary of State should seek to

15 recruit senior members of the Senior Foreign

16 Service to serve in such position.

17 (B) RESPONSIBILITIES.—In addition to

18 the duties described in paragraph (1) and such

19 other duties as the Secretary or Assistant Sec20 retary of State for Democracy, Human Rights,

21 and Labor may from time to time designate,

22 the Deputy Assistant Secretary of State for De23 mocracy, Human Rights, and Labor should—

24 (i) coordinate the work of the office

25 described in paragraph (1) with the work


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1 of other offices and bureaus at the Depart2 ment of State and other United States

3 Government agencies that provide grants

4 and other assistance to nongovernmental

5 organizations, individuals, and movements;

6 and

7 (ii) forge connections between the

8 United States and nongovernmental orga9 nizations, individuals, and movements com10 mitted to the promotion of democracy and

11 democratic principles, practices, and values

12 and seek to embrace the work of such or13 ganization, individuals, and movements.

14 (5) RECRUITMENT.—The Secretary shall seek

15 to ensure that no later than December 31, 2012, not

16 less than 50 percent of the nonadministrative em17 ployees serving in the Bureau of Democracy, Human

18 Rights, and Labor are members of the Foreign Serv19 ice.

20 SEC. l12. REPORTS.

21 (a) ANNUAL REPORT ON DEMOCRACY.—

22 (1) PREPARATION AND DEADLINE FOR SUBMIS23 SION.—The Secretary of State shall prepare an An24 nual Report on Democracy. The Under Secretary of

25 State for Democracy and Global Affairs, with the asVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00580 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 sistance of the Assistant Secretary of State for De2 mocracy, Human Rights, and Labor, shall have the

3 principal responsibility of assisting the Secretary in

4 the preparation of the Annual Report. The Under

5 Secretary and Assistant Secretary shall consult with

6 the regional bureaus of the Department of State in

7 the preparation of the Annual Report. Not later

8 than July 1 of each year, the Secretary shall submit

9 to the appropriate congressional committees the An10 nual Report on Democracy.

11 (2) CONTENTS.—The Annual Report on De12 mocracy shall contain the following:

13 (A) EXECUTIVE SUMMARY.—An Executive

14 Summary with a table listing every foreign

15 country, that the Secretary determine to be

16 ‘‘nondemocratic’’ and a list of countries the

17 Secretary determines to be ‘‘democratic transi18 tion countries’’ because they are at the early

19 stages of their trans. The Executive Summary

20 shall contain a short narrative highlighting the

21 status of democracy in each such country.

22 (i) DETERMINATION OF CATEGORIZA23 TION.—With respect to a country listed in

24 the Executive Summary, the Secretary

25 shall determine which of the categorizaVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00581 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 tions specified under subparagraph (A) is

2 appropriate by reference to the principles

3 enshrined in the United Nations Charter,

4 the Universal Declaration of Human

5 Rights, the International Covenant on Civil

6 and Political Rights, the United Nations

7 Commission on Human Rights Resolution

8 1499/57 (entitled ‘‘Promotion of the Right

9 to Democracy’’), the assessments used to

10 determine eligibility for financial assistance

11 disbursed from the Millennium Challenge

12 Account, the assessments of nongovern13 mental organizations of eligibility to par14 ticipate in the meetings of the Community

15 of Democracies, and the standards estab16 lished and adopted by the Community of

17 Democracies. In addition, the categoriza18 tion of a country should be informed by

19 the general consensus regarding the status

20 of civil and political rights in such country

21 by major nongovernmental organizations

22 that conduct assessments of such condi23 tions in such countries.

24 (ii) DETERMINATION OF NONDEMO25 CRATIC CATEGORIZATION.—


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1 (I) IN GENERAL.—The Secretary

2 shall categorize a country as non3 democratic if such country fails to

4 satisfy any of the following require5 ments:

6 (aa) All citizens of such

7 county have the right to, and are

8 not restricted in practice from,

9 fully and freely participating in

10 the political life of such country

11 regardless of gender, race, lan12 guage, religion, or beliefs.

13 (bb) The national legislative

14 body of such country and, if di15 rectly elected, the head of govern16 ment of such country, are chosen

17 by free, fair, open, and periodic

18 elections, by universal and equal

19 suffrage, and by secret ballot.

20 (cc) More than one political

21 party in such country has can22 didates who seek elected office at

23 the national level and such par24 ties are not restricted in their po25 litical activities or their process


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1 for selecting such candidates ex2 cept for reasonable administra3 tive requirements commonly ap4 plied in countries categorized as

5 fully democratic.

6 (dd) All citizens in such

7 country have a right to, and are

8 not restricted in practice from,

9 fully exercising the freedoms of

10 thought, conscience, belief, peace11 ful assembly and association,

12 speech, opinion, and expression,

13 and such country has a free,

14 independent, and pluralistic

15 media.

16 (ee) The current government

17 of such country did not come to

18 power in a manner contrary to

19 the rule of law.

20 (ff) Such country possesses

21 an independent judiciary and the

22 government of such country gen23 erally respects the rule of law.

24 (II) ADDITIONAL CONSIDER25 ATIONS.—Notwithstanding the satisVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00584 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 faction by a country of the require2 ments specified under subclause (I),

3 the Secretary may categorize a coun4 try as nondemocratic if the Secretary

5 determines that such is appropriate

6 after consideration of the principles

7 specified under clause (i) with respect

8 to such country.

9 (B) STATUS OF DEMOCRACY.—A descrip10 tion of each country on the list described in

11 subparagraph (A), including—

12 (i) an evaluation of trends over the

13 preceding 12 months towards improvement

14 or deterioration in the commitment to and

15 protection of democratic principles, prac16 tices, values, institutions, and processes in

17 each such country;

18 (ii) an evaluation of the political

19 rights and freedoms enjoyed by individuals

20 in each such country and an evaluation of

21 the factors that prevent each such country

22 from being categorized as fully democratic;

23 and

24 (iii) for each country previously cat25 egorized as nondemocratic in the Executive


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1 Summary from the preceding year, an

2 evaluation of any progress made over the

3 previous calendar year towards achieving a

4 categorization of ‘‘democratic transition

5 country’’.

6 (C) STRATEGY FOR NONDEMOCRATIC

7 COUNTRIES.—An in-depth examination of each

8 country categorized as nondemocratic in the

9 Executive Summary, including—

10 (i) a strategy developed following con11 sultations with nongovernmental organiza12 tions, individuals, and movements that pro13 mote democratic principles, practices, and

14 values in each such country to promote

15 and achieve transition to full democracy in

16 each such country;

17 (ii) a summary of any actions taken

18 by the President with respect to any such

19 country, the effects of any such actions,

20 and if no such actions have been taken, a

21 statement explaining why not;

22 (iii) a summary of any actions taken

23 by the chief of mission and officials of the

24 United States in each such country with

25 which the United States maintains diploVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00586 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 matic and consular posts with respect to

2 promoting such a transition within that

3 country and any activities of the embassy

4 or consulate in that country to support in5 dividuals and organizations in that country

6 that actively advocate for such a transition;

7 (iv) a summary of efforts taken by of8 ficials of the United States to speak di9 rectly to the people in each country, and in

10 particular, a description of any visits taken

11 by the chief of mission and other officials

12 of the United States in each such country

13 to the colleges and universities and other

14 institutions in the country where young

15 people congregate and learn;

16 (v) a summary of any communications

17 between United States Government offi18 cials, including the chief of mission, and

19 the leader and other high government offi20 cials of each such country concerning re21 spect for liberty, democracy, and political,

22 social, and economic freedoms; and

23 (vi) a description and evaluation of

24 the efforts undertaken by other democratic

25 countries belonging to the Community of


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H.L.C.

1 Democracies to advance democracy in each

2 such county, including through relevant

3 bodies of the United Nations, regional or4 ganizations and bilateral policies and for5 eign assistance and the extent to which the

6 United States coordinated United States

7 actions and policies with such efforts.

8 (3) CLASSIFIED ADDENDUM.—If the Secretary

9 determines that it is in the national security inter10 ests of the United States, is necessary for the safety

11 of individuals identified in the Annual Report on De12 mocracy, or is necessary to further the purposes of

13 this Act, any information required by paragraph (2),

14 including policies adopted or actions taken by the

15 United States, may be summarized in the Annual

16 Report on Democracy or the Executive Summary

17 and submitted to the appropriate congressional com18 mittees in more detail in a classified addendum.

19 (b) ONE-TIME REPORT ON TRAINING AND GUIDE20 LINES FOR FOREIGN SERVICE OFFICERS AND CHIEFS OF

21 MISSION.—The Secretary of State, in consultation with

22 the Under Secretary of State for Democracy and Global

23 Affairs , shall submit to the appropriate congressional

24 committees a one-time report containing a description of

25 the training provided under section l19 for foreign servVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00588 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 ice officers, including chiefs of mission serving or pre2 paring to serve in countries categorized as partly demo3 cratic or nondemocratic or chiefs of mission in fully demo4 cratic countries whose job performance could benefit from

5 such training, with respect to methods to promote and

6 achieve transition to full democracy in each such country,

7 including nonviolent action. The Secretary shall submit

8 the report together with the first Annual Report on De9 mocracy required under subsection (b).

10 SEC. l13. STRATEGIES TO ENHANCE THE PROMOTION OF

11 DEMOCRACY IN FOREIGN COUNTRIES.

12 (a) WORKING GROUP ON NONDEMOCRATIC COUN13 TRIES.—Beginning in the year after the second Annual

14 Report on Democracy required under section l12(a) is

15 submitted and not less than once each year thereafter, the

16 Under Secretary of State for Democracy and Global Af17 fairs should convene a working group under subsection (c)

18 focused on each country designated as nondemocratic in

19 the most recent such report in order to—

20 (1) review progress on the action plan with re21 spect to each such country to promote and achieve

22 the transition to full democracy in such country; and

23 (2) receive recommendations regarding further

24 action that should be taken with respect to such

25 plan.


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H.L.C.

1 (b) WORKING GROUP ON COUNTRIES IN TRANSI2 TION.—Beginning in the year after the second Annual Re3 port on Democracy required under section ll12(a) is

4 submitted and not less than once each year thereafter, the

5 Under Secretary of State for Democracy and Global Af6 fairs should also convene a working group under sub7 section (c) focused on the progress towards a fully demo8 cratic form of governance in each country designated as

9 a ‘‘democratic transition country’’ in the most recent an10 nual report that was designated as ‘‘nondemocratic’’ in

11 any of the previous annual reports.

12 (c) MEMBERS OF WORKING GROUPS.—The working

13 groups referred to in subsections (a) and (b) should in14 clude officers and employees of the Department of State

15 and appropriate representatives from other relevant gov16 ernment agencies, including the United States Agency for

17 International Development, the Department of the Treas18 ury, and the Department of Defense.

19 (d) CONSULTATIONS WITH CHIEFS OF MISSIONS.—

20 The chief of mission for each country designated as non21 democratic or a democratic transition country in the most

22 recent Annual Report on Democracy shall meet with the

23 Under Secretary of State for Democracy and Global Af24 fairs at least once each year to discuss the transition to

25 full democracy in such country, including any actions the


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H.L.C.

1 chief of mission has taken to implement the action plan

2 for such country included in such report.

3 SEC. l14. ACTIVITIES BY THE UNITED STATES TO PRO4 MOTE DEMOCRACY AND HUMAN RIGHTS IN

5 FOREIGN COUNTRIES.

6 (a) FREEDOM INVESTMENT ACT OF 2002.—The

7 Freedom Investment Act of 2002 (subtitle E of title VI

8 of Public Law 107–228) is amended—

9 (1) in Section 663(a), (relating to human rights

10 activities at the Department of State)—

11 (A) in paragraph (1), by striking ‘‘and’’ at

12 the end;

13 (B) by redesignating paragraph (2) as

14 paragraph (4);

15 (C) by inserting after paragraph (1) the

16 following new paragraphs:

17 ‘‘(2) a United States mission abroad in a coun18 try that has been designated as nondemocratic in

19 the most recent Annual Report on Democracy (as

20 required under section ll12(a) of the Advance

21 Democratic Values, Address Nondemocratic Coun22 tries, and Enhance Democracy Act of 2005) should

23 have at least one political officer who shall have pri24 mary responsibility for monitoring and promoting

25 democracy and human rights in such country;


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28

H.L.C.

1 ‘‘(3) the level of seniority of any such political

2 officer should be in direct relationship to the severity

3 of the problems associated with the establishment of

4 full democracy and respect for human rights in such

5 country; and’’; and

6 (D) in paragraph (4), as so redesignated,

7 by striking ‘‘monitoring human rights develop8 ments’’ and all that follows through ‘‘rec9 ommendation’’ and inserting the following:

10 ‘‘monitoring and promoting democracy and

11 human rights, including a political officer de12 scribed in paragraphs (2) and (3), in a foreign

13 country should be made after consultation with

14 and upon the recommendation’’; and

15 (2) in Section 665(c) (relating to reports on ac16 tions taken by the United States to encourage re17 spect for human rights), by striking the second sen18 tence and inserting adding at the end the following

19 new sentences: ‘‘If the Secretary elects to submit

20 such information as a separate report, such report

21 may be submitted as part of the Annual Report on

22 Democracy required under section ll12(a) of the

23 Advance Democratic Values, Address Nondemocratic

24 Countries, and Enhance Democracy Act of 2005. If

25 the Secretary makes such an election, such report


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H.L.C.

1 shall be organized so as to contain a separate section

2 for each country to which such information applies,

3 together with a short narrative describing the

4 extrajudicial killing, torture, or other serious viola5 tions of human rights that are indicated to have oc6 curred in each such country.’’.

7 (b) FOREIGN ASSISTANCE ACT OF 1961.—The For8 eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is

9 amended—

10 (1) in section 116(d) (22 U.S.C. 2151n(d)), by

11 striking paragraph (10) and inserting the following

12 new paragraph:

13 ‘‘(10) for each country with respect to which

14 the report indicates that extrajudicial killings, tor15 ture, or other serious violations of human rights

16 have occurred in the country, a strategy, including

17 a specific list of priorities and an action plan, to end

18 such practices in the country, and any actions taken

19 in the previous year to end such practices in the

20 country.’’; and

21 (2) in section 502B(b) (22 U.S.C. 2304(b)), by

22 striking the sixth sentence and inserting the fol23 lowing new sentence: ‘‘Such report shall also include,

24 for each country with respect to which the report in25 dicates that extrajudicial killings, torture, or other


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H.L.C.

1 serious violations of human rights have occurred in

2 the country, a strategy, including a specific list of

3 priorities and an action plan, to end such practices

4 in the country, and any actions taken in the previous

5 year to end such practices in the country.’’.

6 SEC. l15. DEMOCRACY PROMOTION AND HUMAN RIGHTS

7 ADVISORY BOARD.

8 (a) ESTABLISHMENT.—There is established a De9 mocracy Promotion and Human Rights Advisory Board.

10 (b) PURPOSE AND DUTIES.—The Board shall advise

11 and provide recommendations to the Secretary of State,

12 the Under Secretary of State for Democracy and Global

13 Affairs, the Assistant Secretary of State for Democracy,

14 Human Rights, and Labor, and the Assistant Adminis15 trator for the Bureau of Democracy, Conflict and Human16 itarian Assistance of the United States Agency for Inter17 national Development concerning United States policies

18 regarding the promotion of democracy and the establish19 ment of universal democracy, including the following:

20 (1) Reviewing and making recommendations re21 garding the overall United States strategy for pro22 moting democracy and human rights in partly demo23 cratic and nondemocratic countries, including meth24 ods for incorporating the promotion of democracy

25 and human rights into United States diplomacy, the


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31

H.L.C.

1 use of international organizations to further United

2 States democracy promotion goals, and ways in

3 which the United States can work with other coun4 tries and the Community of Democracies to further

5 such purposes.

6 (2) Recommendations regarding specific strate7 gies to promote democracy in countries categorized

8 as nondemocratic in the most recent Annual Report

9 on Democracy under section ll12(a), in countries

10 that are in a transition to democracy, and methods

11 for consulting and coordinating with individuals (in12 cluding expatriates) and nongovernmental organiza13 tions that promote democratic principles, practices,

14 and ideals.

15 (3) Recommendations regarding the use of—

16 (A) programs related to the promotion of

17 democracy and human rights administered by

18 the United States Agency for International De19 velopment; and

20 (B) the Human Rights and Democracy

21 Fund, established under section 664 of the

22 Freedom Investment Act of 2002 (subtitle E of

23 title VI of Public Law 107–228).

24 (4) Recommendations regarding regulations to

25 be promulgated concerning—


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H.L.C.

1 (A) the standards of performance to be

2 met by members of the Foreign Service, includ3 ing chiefs of mission, under section 405(d) of

4 the Foreign Service Act of 1980 (22 U.S.C.

5 3965(d)); and

6 (B) the development of programs to pro7 mote democracy in foreign countries under sec8 tion 108, relating to programs undertaken by

9 United States missions in foreign countries and

10 the activities of chiefs of mission.

11 (c) STUDY ON DEMOCRACY ASSISTANCE.—

12 (1) IN GENERAL.—Not later than 18 months

13 after the appointment of five members of the Board,

14 the Board shall submit to the President, Congress,

15 and the Secretary a study on United States democ16 racy assistance.

17 (2) CONTENTS.—The study shall include—

18 (A) a comprehensive review and an overall

19 evaluation of the efficiency and effectiveness of

20 United States appropriations for the promotion

21 of democracy, including—

22 (i) information regarding the amount

23 of money dedicated to such purpose each

24 fiscal year;


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1 (1) APPOINTMENT.—The Board shall be com2 posed of nine members, who shall be citizens of the

3 United States and who shall not be officers or em4 ployees of the United States. The Secretary shall ap5 point all such members. Not more than five mem6 bers may be affiliated with the same political party.

7 (2) SELECTION.—Members of the Board shall

8 be selected from among distinguished individuals

9 noted for their knowledge and experience in fields

10 relevant to the issues to be considered by the Board,

11 including issues related to the promotion of democ12 racy, international relations, management and orga13 nization of foreign assistance or comparable pro14 grams, methods and means of nonviolent protest,

15 academic study and debate of democracy, human

16 rights, and international law.

17 (3) TIME FOR APPOINTMENT.—The appoint18 ment of members to the Board under paragraph (1)

19 shall be made not later than 120 days after the date

20 of the enactment of this Act.

21 (4) TERM OF SERVICE AND SUNSET.—Each

22 member shall be appointed to the Board for a term

23 that shall expire on the date that is one year after

24 the date of the submission of the report under sub25 section (c).


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H.L.C.

1 (5) SUNSET.—The Board shall terminate on

2 the date that is one year after the date of the sub3 mission of the report under such subsection unless

4 the Secretary determines that it is in the interest of

5 the Department to extend the Board for a period of

6 an additional five years.

7 (6) SECURITY CLEARANCES.—The Secretary

8 shall ensure that all members of the Board, and ap9 propriate experts and consultants under paragraph

10 (7)(E), obtain relevant security clearances in an ex11 peditious manner.

12 (7) OPERATION.—

13 (A) CHAIR.—The Secretary shall appoint

14 one member of the Board to chair the Board.

15 The Board shall meet at the call of the Chair.

16 (B) TRAVEL EXPENSES.—Members of the

17 Board shall be allowed travel expenses, includ18 ing per diem in lieu of subsistence, at rates au19 thorized for employees of agencies under sub20 chapter I of chapter 57 of title 5, United States

21 Code, while away from their homes or regular

22 places of business in the performance of service

23 for the Board.

24 (C) OFFICE SPACE AND ADMINISTRATIVE

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1 person of the Board, the Secretary shall provide

2 reasonable and appropriate office space, sup3 plies, and administrative assistance.

4 (D) APPLICABILITY OF CERTAIN OTHER

5 LAWS.—Nothing in this section shall be con6 strued to cause the Board to be considered an

7 agency or establishment of the United States,

8 or to cause members of the Board to be consid9 ered officers or employees of the United States.

10 Executive branch agencies may conduct pro11 grams and activities and provide services in

12 support of the activities duties of the Board,

13 notwithstanding any other provision of law. The

14 Federal Advisory Committee Act (5 U.S.C.

15 App.) shall not apply to the Board.

16 (E) EXPERTS AND CONSULTANTS.—The

17 Board may procure temporary and intermittent

18 services under section 3109(b) of title 5, United

19 States Code.

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

21 authorized to be appropriated to the Board such sums as

22 may be necessary for each of fiscal years 2006, 2007, and

23 2008.


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H.L.C.

1 SEC. l16. ESTABLISHMENT AND MAINTENANCE OF INTER2 NET SITE FOR GLOBAL DEMOCRACY AND

3 HUMAN RIGHTS.

4 (a) ESTABLISHMENT.—In order to facilitate access

5 by individuals and nongovernmental organizations in for6 eign countries to documents, streaming video and audio,

7 and other media regarding democratic principles, prac8 tices, and values, and the promotion and strengthening of

9 democracy, the Secretary of State, in cooperation with the

10 Under Secretary of State for Democracy and Global Af11 fairs, the Under Secretary for Public Diplomacy and Pub12 lic Affairs, and the Assistant Secretary of State for De13 mocracy, Human Rights, and Labor, shall establish and

14 maintain an Internet site for global democracy and human

15 rights.

16 (b) CONTENTS.—The Internet site for global democ17 racy established under subsection (a) shall include the fol18 lowing information:

19 (1) The Executive Summary prepared under

20 section l12(a)(2)(A), but only to the extent that in21 formation contained therein is not classified.

22 (2) Narratives and histories of significant

23 democratic movements in foreign countries, particu24 larly regarding successful nonviolent campaigns to

25 oust dictatorships.


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H.L.C.

1 (3) Narratives relating to the importance of the

2 establishment of and respect for fundamental free3 doms.

4 (4) Major human rights reports by the United

5 States Government or any other documents, ref6 erences, or links to external Internet sites the Sec7 retary or Under Secretary determines appropriate,

8 including reference to or links to training materials

9 regarding successful movements in the past, includ10 ing translations of such materials, as appropriate.

11 SEC. l17. PROGRAMS BY UNITED STATES MISSIONS IN

12 FOREIGN COUNTRIES AND ACTIVITIES OF

13 CHIEFS OF MISSION.

14 (a) DEVELOPMENT OF PROGRAMS TO PROMOTE DE15 MOCRACY IN FOREIGN COUNTRIES.—Each chief of mis16 sion in each foreign country categorized as nondemocratic

17 with the assistance of the director of the relevant Regional

18 Hub in the most recent Annual Report on Democracy

19 shall—

20 (1) develop, as part of annual program plan21 ning, a strategy to promote democracy in the foreign

22 country and to provide visible and material support

23 to individuals and nongovernmental organizations in

24 that country that are committed to democratic prin25 ciples, practices, and values, such as—


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1 (A) consulting and coordinating with such

2 individuals and organizations regarding the pro3 motion of democracy;

4 (B) visiting local landmarks and other

5 local sites associated with nonviolent protest in

6 support of democracy and freedom from oppres7 sion;

8 (C) holding periodic public meetings with

9 such individuals and organizations to discuss

10 democracy and political, social, and economic

11 freedoms;

12 (D) issuing public condemnation of severe

13 violations of internationally recognized human

14 rights (as such term is described in section

15 116(a) of the Foreign Assistance Act of 1961

16 (22 U.S.C. 2151n(a)), violations of religious

17 freedom, including particularly severe violations

18 of religious freedom (as such terms are defined

19 in paragraphs (11) and (13) of section 3 of the

20 International Religious Freedom Act of 1998

21 (22 U.S.C. 6402)), political repression, and

22 government-tolerated or condoned trafficking in

23 persons; and


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1 (E) providing technical, financial, and such

2 other support to such individuals and organiza3 tions;

4 (2) hold ongoing discussions with the leaders of

5 the nondemocratic country regarding a transition to

6 full democracy and the development of political, so7 cial, and economic freedoms and respect for human

8 rights, including freedom of religion or belief, in the

9 country; and

10 (3) conduct meetings with civil society, inter11 views with media that can directly reach citizens of

12 such country, and discussions with students and

13 young people of the nondemocratic country regard14 ing a transition to democracy and the development

15 of political, social, and economic freedoms in the

16 country.

17 (b) PUBLIC OUTREACH IN FOREIGN COUNTRIES.—

18 Each chief of mission or principal officer should spend

19 time at universities and other institutions of higher learn20 ing to—

21 (1) debate and discuss values and policies that

22 promote democracy; and

23 (2) communicate, promote, and defend such

24 United States values and policies.


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1 (c) ACCESS TO UNITED STATES MISSIONS.—The

2 Secretary is encouraged to allow access to a United States

3 diplomatic or consular mission in each foreign country cat4 egorized as a democratic transition country or nondemo5 cratic in the most recent Annual Report on Democracy

6 by individuals and representatives of nongovernmental or7 ganizations in that country who are committed to demo8 cratic principles, practices, and values in that country.

9 SEC. l18. TRAINING FOR FOREIGN SERVICE OFFICERS.

10 (a) TRAINING IN DEMOCRACY AND THE PROMOTION

11 OF DEMOCRACY AND HUMAN RIGHTS.—Section 708 of

12 the Foreign Service Act of 1980 (22 U.S.C. 4028) is

13 amended by adding at the end the following new sub14 section:

15 ‘‘(c) TRAINING ON GLOBAL DEMOCRACY PRO16 MOTION.—

17 ‘‘(1) IN GENERAL.—In addition to the training

18 required under subsections (a) and (b), the Sec19 retary of State, in cooperation with other relevant

20 officials, including the Under Secretary of State for

21 Democracy and Global Affairs, and the Director of

22 the National Foreign Affairs Training Center of the

23 Foreign Service Institute of the Department of

24 State, shall establish as part of the training provided

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1 ice, including all chiefs of mission and deputy chiefs

2 of mission, instruction in how to strengthen and pro3 mote democracy through peaceful means in consulta4 tion with individuals and nongovernmental organiza5 tions that support democratic principles, practice

6 and values. In particular, such instruction shall be

7 mandatory for members of the Service having re8 porting or other responsibilities relating to internal

9 political developments and human rights, including

10 religious freedom, in nondemocratic or partly demo11 cratic countries, including for chiefs of mission and

12 deputy chiefs of mission, and shall be completed be13 fore the time that such member or chief of mission

14 assumes a post (or, if such is not practical, within

15 the first year of assuming such post).

16 ‘‘(2) CONTENTS OF TRAINING.—The training

17 required under paragraph (1) shall include instruc18 tion, a training manual, and other materials regard19 ing the following:

20 ‘‘(A) International documents and United

21 States policy regarding electoral democracy and

22 respect for human rights.

23 ‘‘(B) United States policy regarding the

24 promotion and strengthening of democracy

25 around the world, with particular emphasis on


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1 the transition to democracy in nondemocratic

2 countries.

3 ‘‘(C) For any member, chief of mission, or

4 deputy chief of mission who is to be assigned to

5 a foreign country that is categorized as non6 democratic in the Annual Report on Democracy

7 required under section ll12(a) of the Ad8 vance Democratic Values, Address Nondemo9 cratic Countries, and Enhance Democracy Act

10 of 2005, instruction regarding ways to promote

11 democracy in such a country and providing

12 technical, financial, and other support to indi13 viduals (including expatriated citizens) and non14 governmental organizations in such country

15 that support democratic principles, practices,

16 and values.

17 ‘‘(D) The protection of internationally rec18 ognized human rights (including the protection

19 of religious freedom) and standards related to

20 such rights, provisions of United States law re21 lated to such rights, diplomatic tools to promote

22 respect for such rights, the protection of indi23 viduals who have fled their countries due to vio24 lations of such rights (including the role of

25 United States embassies in providing access to


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1 the United States Refugee Admissions Pro2 gram) and the relationship between respect for

3 such rights and democratic development and

4 national security. The Director of the National

5 Foreign Affairs Training Center of the Foreign

6 Service Institute of the Department of State

7 shall consult with nongovernmental organiza8 tions involved in the protection and promotion

9 of such rights and the United States Commis10 sion on International Religious Freedom (estab11 lished under section 201(a) of the International

12 Religious Freedom Act of 1998 (22 U.S.C.

13 6431(a)) in developing the training required by

14 this subparagraph.’’.

15 (b) OTHER TRAINING.—The Secretary of State shall

16 ensure that the training described in subsection (a) is pro17 vided to members of the civil service who are assigned in

18 the United States or abroad who have reporting or other

19 responsibilities relating to internal political developments

20 and human rights in countries that are categorized as

21 partly democratic or nondemocratic in the Annual Report

22 on Democracy required under section ll12(a) of the

23 Advance Democratic Values, Address Nondemocratic

24 Countries, and Enhance Democracy Act of 2005.


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated such sums as may be

3 necessary to develop appropriate programs and materials

4 to accomplish the training required under subsection (c)

5 of section 708 of the Foreign Service Act of 1980 (22

6 U.S.C. 4028), as added by subsection (a).

7 (d) CLERICAL AMENDMENTS.—Section 708 of the

8 Foreign Service Act of 1980 is further amended—

9 (1) in subsection (a) by striking ‘‘(a) The’’ and

10 inserting ‘‘(a) TRAINING ON HUMAN RIGHTS.—

11 The’’; and

12 (2) in subsection (b) by striking ‘‘(b) The’’ and

13 inserting ‘‘(b) TRAINING ON REFUGEE LAW AND

14 RELIGIOUS PERSECUTION.—The’’.

15 SEC. l19. PERFORMANCE PAY; PROMOTIONS; FOREIGN

16 SERVICE AWARDS.

17 (a) PERFORMANCE PAY.—Section 405(d) of the For18 eign Service Act of 1980 (22 U.S.C. 3965(d)) is amended

19 by inserting after the second sentence the following new

20 sentence: ‘‘Meritorious or distinguished service in the pro21 motion of democracy in foreign countries, including con22 tact with and support of individuals and nongovernmental

23 organizations that promote democracy in a foreign country

24 categorized as nondemocratic in the most recent Annual

25 Report on Democracy (as required under section


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1 ll12(A) of the Advance Democratic Values, Address

2 Nondemocratic Countries, and Enhance Democracy Act of

3 2005), shall also serve as a basis for granting awards

4 under this section.’’.

5 (b) PROMOTIONS.—Section 603(b) of the Foreign

6 Service Act of 1980 (22 U.S.C. 4003(b)) is amended by

7 adding at the end the following new sentence: ‘‘Precepts

8 for selection boards shall also, where applicable, include

9 an evaluation of whether members of the Service and

10 members of the Senior Foreign Service have met the

11 standards of performance established by the Secretary

12 pursuant to section l19(c) of the Advance Democratic

13 Values, Address Nondemocratic Countries, and Enhance

14 Democracy Act of 2005, or have served in a position in

15 which the primary responsibility is to monitor or promote

16 democracy or human rights.’’.

17 (c) REGULATIONS AND EVALUATIONS CONCERNING

18 STANDARDS OF PERFORMANCE AND PROGRAMS TO PRO19 MOTE DEMOCRACY.—With respect to members of the For20 eign Service, including all chiefs of mission, who are as21 signed to foreign countries categorized as nondemocratic

22 in the most recent Annual Report on Democracy, the Sec23 retary shall prescribe regulations concerning the standards

24 of performance to be met under sections 405(d) and

25 603(b) of the Foreign Service Act of 1980 (22 U.S.C.


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1 3965(d) and 4003(b)), as amended by subsections (a) and

2 (b), respectively, and the development of programs to pro3 mote democracy in foreign countries under section 108.

4 The requirements of sections ll17 and ll18(a) shall

5 serve as one of the bases for performance criteria in evalu6 ating chiefs of mission and those officers at posts so des7 ignated by the chief of mission.

8 (d) FOREIGN SERVICE AWARDS.—Section 614 of the

9 Foreign Service Act of 1980 (22 U.S.C. 4013) is amended

10 by adding at the end the following new sentence: ‘‘Distin11 guished or meritorious service in the promotion of democ12 racy in foreign countries, including contact with and sup13 port of individuals and nongovernmental organizations

14 that promote democracy in a foreign country categorized

15 as nondemocratic in the most recent Annual Report on

16 Democracy (as required under section ll12(a) of the

17 Advance Democratic Values, Address Nondemocratic

18 Countries, and Enhance Democracy Act of 2005), shall

19 also serve as a basis for granting awards under this sec20 tion.’’.

21 SEC. l20. APPOINTMENTS.

22 (a) APPOINTMENTS BY THE PRESIDENT.—Section

23 302 of the Foreign Service Act of 1980 (22 U.S.C. 3942)

24 is amended by adding at the end the following new sub25 section:


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1 ‘‘(c) If an individual (with respect to subsection (a))

2 or a member of the Service (with respect to subsection

3 (b)) is appointed by the President to be and if such indi4 vidual or such member has previously served as a chief

5 of mission of the United States in a country at the time

6 such country was categorized as nondemocratic in an An7 nual Report on Democracy (required under section

8 ll12(a) of the Advance Democratic Values, Address

9 Nondemocratic Countries, and Enhance Democracy Act of

10 2005), the President shall transmit to the Committee on

11 Foreign Relations of the Senate a written report summa12 rizing the actions that such individual or member took

13 during the period of such prior service to promote democ14 racy and human rights in such country, including actions

15 in furtherance of the action plan contained in such re16 port.’’.

17 (b) CHIEFS OF MISSION.—Section 304(a)(1) of such

18 Act (22 U.S.C. 3944(a)(1)) is amended by adding at the

19 end the following new sentence: ‘‘If the country in which

20 the individual is to serve is categorized as nondemocratic

21 in the most recent Annual Report on Democracy (as re22 quired under section ll12(a) of the Advance Demo23 cratic Values, Address Nondemocratic Countries, and En24 hance Democracy Act of 2005), the individual should pos25 sess clearly demonstrated competence in and commitment


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1 to the promotion of democracy in that country, including

2 competence in promoting democratic practices, values, and

3 ideals through regular interaction with individuals, includ4 ing students and young people within that country, who

5 support and advocate such principles, practices, and val6 ues.’’.

7 Subtitle B—Alliances With Other

8 Democratic Countries

9 SEC. l31. ALLIANCES WITH OTHER DEMOCRATIC COUN10 TRIES.

11 (a) FINDING.—Congress finds that it is in the na12 tional interest of the United States, including for humani13 tarian, economic, social, political, and security reasons, to

14 forge alliances with democratic countries to work together

15 to promote and protect—

16 (1) shared democratic principles, practices, and

17 values; and

18 (2) political, social, and economic freedoms

19 around the world.

20 (b) PURPOSES.—The purposes of this title are to en21 courage new ways of forging alliances with democratic

22 countries in order to—

23 (1) promote and protect democratic principles,

24 practices, and values, including the right to free,


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1 fair, and open elections, secret balloting, and uni2 versal suffrage;

3 (2) promote and protect fundamental shared

4 political, social, and economic freedoms, including

5 the freedoms of association, of expression, of the

6 press, of religion, and to own private property;

7 (3) promote and protect respect for the rule of

8 law;

9 (4) develop, adopt, and pursue strategies to ad10 vance common interests in international organiza11 tions and multilateral institutions to which members

12 of the alliance of democratic countries belong; and

13 (5) provide political, economic, and other nec14 essary support to countries that are undergoing a

15 transition to democracy.

16 (c) SENSE OF CONGRESS REGARDING PARTICIPA17 TION.—It is the sense of Congress that any foreign coun18 try that is categorized as nondemocratic in the most recent

19 Annual Report on Democracy under section l12(a)

20 should not participate in any alliance of democratic coun21 tries aimed at working together to promote democracy.


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1 SEC. l32. SENSE OF CONGRESS REGARDING THE ESTAB2 LISHMENT OF A DEMOCRACY CAUCUS.

3 (a) FINDINGS.—Congress finds that with the passage

4 of the Intelligence Reform and Terrorism Prevention Act

5 of 2004 (Public Law 108–458), Congress—

6 (1) encouraged the establishment of a Democ7 racy Caucus within the United Nations, the United

8 Nations Human Rights Commission, the United Na9 tions Conference on Disarmament, and at other

10 broad-based international organizations; and

11 (2) required increased training in multilateral

12 diplomacy for members of the Foreign Service and

13 appropriate members of the Civil Service to support

14 such an establishment.

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that the creation of a Democracy Caucus in each

17 international organization and multilateral institution of

18 which the United States is a member will not only improve

19 the internal governance of such organizations but will also

20 strengthen the implementation of commitments by such

21 organizations and institutions regarding democracy and

22 human rights.

23 SEC. l33. ANNUAL DIPLOMATIC MISSIONS ON MULTILAT24 ERAL ISSUES.

25 The Secretary of State, acting through the principal

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1 national organizations, should ensure that a high level del2 egation from the United States is sent on an annual basis

3 to consult with key foreign governments in every region

4 to promote United States policies, including issues related

5 to democracy and human rights, at key international fora,

6 including the United Nations General Assembly, the

7 United Nations Human Rights Commission on other mul8 tilateral human right body, the Organization for Security

9 and Cooperation in Europe, and the United Nations Edu10 cation, Science, and Cultural Organization.

11 SEC. l34. STRENGTHENING THE COMMUNITY OF DEMOC12 RACIES.

13 (a) SENSE OF CONGRESS.—It is the sense of Con14 gress that the Community of Democracies should develop

15 a more formally mechanism for carrying out work between

16 ministerial meetings, including appropriate staff to carry

17 out such work, and should, as appropriate, establish a

18 headquarters..

19 (b) DETAIL OF PERSONNEL.—The Secretary is au20 thorized to detail on a nonreimbursable basis any em21 ployee of the Department of State to any country that is

22 a member of the Convening Group of the Community of

23 Democracies.

24 (c) REGIONAL GROUP IN THE COMMUNITY OF DE25 MOCRACIES.—It is the sense of Congress that regional


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1 Center. Any grant or voluntary contribution made in

2 any subsequent fiscal year by the Secretary to the

3 Center under such paragraph may be used for pro4 grams and activities of the Center.

5 Subtitle C—Funding for Promotion

6 of Democracy

7 SEC. l41. POLICY.

8 It shall be the policy of the United States to provide

9 financial assistance to eligible entities and eligible individ10 uals in order to assist such entities and individuals in the

11 promotion of democracy in countries categorized as non12 democratic in the most recent Annual Report on Democ13 racy under section ll12(a).

14 SEC. l42. HUMAN RIGHTS AND DEMOCRACY FUND.

15 (a) PURPOSES OF THE HUMAN RIGHTS AND DEMOC16 RACY FUND.—In addition to uses currently approved for

17 the Human Rights and Democracy Fund, the Secretary

18 of State, acting through the Assistant Secretary of State

19 for Democracy, Human Rights, and Labor shall use

20 amounts appropriated to the Human Rights and Democ21 racy Fund under subsection (g) to provide assistance to

22 eligible entities and eligible individuals to promote democ23 racy in foreign countries categorized as nondemocratic in

24 the most recent Annual Report on Democracy under sec25 tion ll12(a). The promotion of democracy in such counVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00619 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 tries for which such assistance may be provided may in2 clude the following activities:

3 (1) The publication and distribution of books

4 and the creation and distribution of other media re5 lating to information about current events in such

6 country and educational programming designed to

7 provide information regarding democracy, the rule of

8 law, free, fair and open elections, free market eco9 nomics, fundamental human rights (including the

10 rights of freedom of speech and of religion and the

11 rights to be free from slavery and bondage), and

12 successful democratic movements in history, includ13 ing educational programs for leaders and members

14 of democratic movements to convey information to

15 such individuals regarding the means of nonviolent

16 force and the methods of nonviolent action.

17 (2) The translation into languages spoken in

18 such countries of relevant programming and existing

19 books, videos, and other publications relating to the

20 subjects specified in paragraph (1).

21 (3) The promotion of political pluralism and the

22 rule of law within such countries, including the pro23 motion of nongovernmental organizations and move24 ments that promote democratic principles, practices,

25 and values.


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1 (4) The creation of programs for student

2 groups to work with citizens of such countries who

3 are committed to democratic reforms and to the pro4 motion of a transition to democracy.

5 (5) The creation of training programs for citi6 zens of such countries concerning international legal

7 obligations to support democracy and human rights,

8 including religious freedom.

9 (6) Support for nongovernmental organizations

10 which have experience with the Community of De11 mocracies to assist the Community of Democracies

12 and its Convening Group.

13 (b) FREEDOM INVESTMENT ACT OF 2002.—Section

14 664(b) of the Freedom Investment Act of 2002 (subtitle

15 E of title VI of Public Law 107–228, relating to the pur16 poses of the Human Rights and Democracy Fund) is

17 amended—

18 (1) in paragraph (4), by striking ‘‘and’’ at the

19 end;

20 (2) by redesignating paragraph (5) as para21 graph (6);

22 (3) by inserting after paragraph (4) the fol23 lowing new paragraph:

24 ‘‘(5) to support the study of democracy abroad,

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1 demic institutions, regarding the values and benefits

2 of democracy; and’’; and

3 (4) in paragraph (6), as redesignated by para4 graph (2) of this subsection, by striking ‘‘(4)’’ and

5 inserting ‘‘(5)’’.

6 (c) ADMINISTRATIVE AUTHORITIES.—Assistance pro7 vided through the Human Rights and Democracy Fund

8 may be provided to eligible entities and eligible individuals

9 in foreign countries notwithstanding any provisions of law

10 that prohibit assistance to a foreign country or to a gov11 ernment of a foreign country.

12 (d) ANNUAL REPORT ON THE STATUS OF THE

13 HUMAN RIGHTS AND DEMOCRACY FUND.—Within 60

14 days of the conclusion of each fiscal year, the Assistant

15 Secretary of State for Democracy, Human Rights, and

16 Labor shall submit to the appropriate congressional com17 mittees an annual report on the status of the Human

18 Rights and Democracy Fund. Each such annual report

19 shall contain the following information:

20 (1) An identification of each eligible entity and

21 eligible individual who received assistance during the

22 previous fiscal year under subsection (b) and a sum23 mary of the activities of each such recipient.


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1 (2) An account of projects funded and outside

2 contributions received during the previous fiscal

3 year.

4 (3) A balance sheet of income and outlays cur5 rent as of the conclusion of fiscal year to which such

6 report is relevant.

7 (e) AUTHORIZATION OF APPROPRIATIONS.—

8 (1) IN GENERAL.—Of the funds available for

9 each of fiscal years 2006 and 2007, there are au10 thorized to be appropriated to the Human Rights

11 and Democracy Fund to carry out the purposes of

12 this section $50,000,000 for fiscal year 2006 and

13 $60,000,000 for fiscal year 2007. Amounts appro14 priated under this section shall remain available

15 until expended.

16 (2) ADMINISTRATIVE EXPENSES.—Not more

17 than five percent of amounts appropriated to the

18 Human Rights and Democracy Fund for each fiscal

19 year may be applied toward administrative expenses

20 of the carrying out this section.

21 (3) CONTRIBUTIONS.— The Secretary may ac22 cept contributions to the Human Rights and Democ23 racy Fund from the governments of other demo24 cratic countries, private foundations, private citizens,

25 and other nongovernmental sources.


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1 Subtitle D—Presidential Actions

2 SEC. l51. INVESTIGATION OF VIOLATIONS OF INTER3 NATIONAL HUMANITARIAN LAW.

4 (a) IN GENERAL.—The President, with the assist5 ance of the Secretary of State, the Under Secretary of

6 State for Democracy and Global Affairs, and the Ambas7 sador-at-Large for War Crimes Issues, shall collect infor8 mation regarding incidents that may constitute crimes

9 against humanity, genocide, slavery, or other violations of

10 international humanitarian law by leaders or other govern11 ment officials of foreign countries categorized as nondemo12 cratic in the most recent Annual Report on Democracy

13 under section ll12(a) or are partly democratic.

14 (b) ACCOUNTABILITY.—The President shall consider

15 what actions can be taken to ensure that the leaders or

16 other government officials of foreign countries who are

17 identified in accordance with subsection (a) as responsible

18 for crimes against humanity, genocide, slavery, or other

19 violations of international humanitarian law are brought

20 to account for such crimes in an appropriately constituted

21 tribunal.

22 SEC. l52. PRESIDENTIAL COMMUNICATIONS.

23 (a) FINDING.—Congress finds that direct commu24 nications from the President to citizens of countries that

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1 nual Report on Democracy would be extremely beneficial

2 to demonstrate that the United States supports such citi3 zens and the efforts and actions of such citizens to pro4 mote and achieve transition to democracy in such coun5 tries.

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that—

8 (1) from time to time as the President shall de9 termine appropriate, the President should broadcast

10 a message to the citizens of countries categorized as

11 nondemocratic in the most recent Annual Report on

12 Democracy under section ll12(a) expressing the

13 support of the United States for such citizens, dis14 cussing democratic principles, practices, and values,

15 and political, social, and economic freedoms, and

16 condemning violations of internationally recognized

17 human rights (as such term is described in section

18 116(a) of the Foreign Assistance Act of 1961 (22

19 U.S.C. 2151n(a))), violations of religious freedom,

20 including particularly severe violations of religious

21 freedom (as such terms are defined in paragraphs

22 (11) and (13) of section 3 of the International Reli23 gious Freedom Act of 1998 (22 U.S.C. 6402)), polit24 ical repression, and government-tolerated or conVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00625 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 doned trafficking in persons that occur in such coun2 try; and

3 (2) the President should encourage leaders of

4 other democratic countries to make similar broad5 casts.


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AMENDMENT TO H.R. lll

OFFERED BY MR. TANCREDO OF COLORADO

(Foreign Relations Authorization Act, Fiscal Years 2006 and

2007)

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. SENSE OF CONGRESS WITH RESPECT TO THE

2 INTERNATIONAL CRIMINAL COURT AND

3 GENOCIDE IN DARFUR, SUDAN.

4 Based upon the adoption of resolutions on July 22,

5 2004, by both the House of Representatives and the Sen6 ate and the declaration on September 9, 2004, by former

7 Secretary of State Colin Powell that the atrocities unfold8 ing in Darfur, Sudan, are genocide, it is the sense of Con9 gress that, notwithstanding the American

10 Servicemembers’ Protection Act of 2002 (title II of the

11 2002 Supplemental Appropriations Act for Further Re12 covery From and Response To Terrorist Attacks on the

13 United States; Public Law 107–206), the United States

14 should render assistance to the efforts of the International

15 Criminal Court to bring to justice persons accused of

16 genocide, war crimes, or crimes against humanity in


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1 Darfur, Sudan, provided that legally binding assurances

2 have been received from the United Nations Security

3 Council or the International Criminal Court that no cur4 rent or former United States Government official, em5 ployee (including any contractor), member of the United

6 States Armed Forces, or United States national will be

7 subject to prosecution by the International Criminal Court

8 in connection with those efforts.


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AMENDMENT TO H.R. lll

OFFERED BY MR. TANCREDO OF COLORADO

(Foreign Relations Authorization Act, Fiscal Years 2006 and

2007)

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. REPORTS WITH RESPECT TO EXTRADITION OF

2 VIOLENT CRIMINALS FROM MEXICO TO THE

3 UNITED STATES.

4 (a) FINDINGS.—Congress finds the following:

5 (1) Mexico is unable to extradite criminals who

6 face life sentences without the possibility of parole

7 because of a 2001 decision of the Mexican Supreme

8 Court.

9 (2) As a result of this ruling, Mexico is unable

10 to extradite to the United States numerous suspects

11 wanted for violent crimes committed in the United

12 States unless the United States assures Mexico that

13 these criminals will not face life imprisonment with14 out the possibility of parole.

15 (3) The attorneys general from all 50 States

16 have asked the Government of the United States to


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2

H.L.C.

1 continue to address this extradition issue with the

2 Government of Mexico.

3 (4) The Government of the United States and

4 the Government of Mexico have experienced positive

5 cooperation on numerous matters relevant to their

6 bilateral relationship, including increased coopera7 tion on extraditions.

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that the Government of the United States should

10 encourage the Government of Mexico to continue to work

11 closely with the Mexican Supreme Court to urge the Court

12 to re-visit its October 2001 ruling so that the possibility

13 of life imprisonment without parole will not have an effect

14 on the timely extradition of criminal suspects from Mexico

15 to the United States.

16 (c) REPORTS.—

17 (1) ANNUAL NUMBER AND STATUS OF FORMAL

18 EXTRADITION REQUESTS MADE TO MEXICO BY THE

19 UNITED STATES.—Not later than six months after

20 the date of the enactment of this Act and annually

21 thereafter, the Secretary of State shall submit to the

22 appropriate congressional committees a report that

23 includes—

24 (A) the number of formal requests made to

25 the Government of Mexico by the Government


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3

H.L.C.

1 of the United States for the extradition of

2 Mexican nationals suspected of or convicted in

3 abstentia for crimes committed in the United

4 States in the preceding fiscal year, the names

5 of such nationals, the crimes of which each such

6 national is suspected or has been convicted in

7 abstentia, a detailed disposition of the status of

8 each such extradition request, and the progress

9 that has been made with respect to each such

10 extradition request in the preceding fiscal year;

11 and

12 (B) the number of such nationals who

13 Mexico has extradited to the United States in

14 response to formal extradition requests for such

15 nationals in the preceding fiscal year.

16 (2) AGGREGATE NUMBER AND STATUS OF FOR17 MAL EXTRADITION REQUESTS MADE TO MEXICO BY

18 THE UNITED STATES.—Not later than six months

19 after the date of the enactment of this Act and an20 nually thereafter, the Secretary of State shall submit

21 to the appropriate congressional committees a report

22 that includes—

23 (A) the number of formal requests made to

24 the Government of Mexico by the Government

25 of the United States for the extradition of


21698ak.AAD
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4

H.L.C.

1 Mexican nationals suspected of or convicted in

2 abstentia for crimes committed in the United

3 States since the signing of the Extradition trea4 ty, with appendix, between the United States

5 and Mexico, signed at Mexico City on May 4,

6 1978 (31 UST 5059), including the names of

7 such nationals, the crimes of which each such

8 national is suspected or has been convicted in

9 abstentia, a detailed disposition of the status of

10 each such extradition request, and the progress

11 that has been made with respect to each such

12 extradition request since such signing; and

13 (B) the number of such nationals who

14 Mexico has extradited to the United States in

15 response to formal extradition requests for such

16 nationals since the signing of the Extradition

17 treaty, with appendix between the United

18 States and Mexico.

19 (3) COOPERATION BY THE UNITED STATES

20 WITH EXTRADITION REQUESTS FROM MEXICO.—Not

21 later than six months after the date of the enact22 ment of this Act and annually thereafter, the Sec23 retary of State shall submit to the appropriate con24 gressional committees a report that includes—


21698ak.AAE
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5

H.L.C.

1 (A) the number of United States nationals

2 who the United States has extradited to Mexico

3 in response to formal extradition requests for

4 such nationals by Mexico in the preceding fiscal

5 year; and

6 (B) the number of United States nationals

7 who the United States has extradited to Mexico

8 in response to formal extradition requests for

9 such nationals by Mexico since the signing of

10 the Extradition treaty, with appendix between

11 the United States and Mexico.

12 (d) FORMAT.—If the Secretary of State determines

13 that such is appropriate, the Secretary may submit a re14 port required under subsection (c) with a classified annex.


21698ak.AAF
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Mr. LANTOS. Mr. Chairman, the Democratic side has no objections. We support all 35 amendments. 

Mr. SMITH OF NEW JERSEY. I appreciate that support, and again, 

I deeply appreciate the spirit of cooperation with which you have 

engaged our side of the aisle on this legislation. 

Are there any amendments to the Smith substitute amendment? 

Mr. DELAHUNT. Parliamentary inquiry, Mr. Chairman. 

Mr. SMITH OF NEW JERSEY. Mr. Delahunt will state his parliamentary inquiry. 

Mr. DELAHUNT. When you say, are there any amendments to be 

offered to the Smith substitute? 

Mr. SMITH OF NEW JERSEY. That is now the base text. 

Mr. DELAHUNT. That is now the base text. That was the bill at 

the markup. 

Mr. SMITH OF NEW JERSEY. That is correct. 

Mr. DELAHUNT. Okay, well, I presume that they are—then I have 

an amendment at the desk. 

Mr. SMITH OF NEW JERSEY. The Chair recognizes Mr. Delahunt 

for the purpose of proposing his amendment. 

The clerk will designate the amendment by Mr. Delahunt. 

Ms. RUSH. Amendment to the amendment in the nature of a substitute offered by Mr. Delahunt of Massachusetts: At the appropriate place in the bill insert the following new section and conform 

the table of contents accordingly. Section, blank, Report on Actions 

of the 661 Committee——

Mr. SMITH OF NEW JERSEY. Without objection, the amendment 

will be considered as read, and the gentleman is recognized for 5 

minutes in favor of his amendment. 

[The amendment referred to follows:]

631


21698p.eps
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21698q.eps
633

Mr. DELAHUNT. Yes, I thank the Chairman. 

According to the Dulfer Report, and I am going to ask my staff 

member to put up as an exhibit a chart. I do not see him around. 

I am sure it will happen miraculously. 

In any event, according to the Dulfer Report, summarized on a 

chart which will appear shortly, the regime of Saddam Hussein had 

four primary sources of illegal revenue during the course of the 

sanctions regime imposed on Iraq in the aftermath of the Gulf War. 

As it will be shown, 73 percent came from the so-called trade protocols. These were written agreements between Iraq and the Governments of Jordan, Turkey, Syria and Egypt that violated the United 

Nations resolution creating the sanctions regime. Another 11 percent came from good old-fashioned smuggling. Fourteen percent 

came from the kickbacks associated with the sale of humanitarian 

goods associated with the UN Oil-for-Food Program, and 2 percent 

came from illegal surcharges on the sale of oil. All together, this 

amounted to some $12 billion that illegally went to support the 

Saddam regime in violation of the UN resolution imposing the 

sanctions. 

It was the responsibility of the so-called 661 Committee of the 

UN to ensure that no illegal revenue accrued to the benefit of Saddam Hussein. It would appear that the 661 Committee failed to fulfill that responsibility. The 661 Committee, in reality, is made up 

of all of the 15 members of the Security Council, including the 

United States. 

The American people need to know why the 661 Committee 

failed in this aspect of their responsibility. My amendment will 

help us determine why. It will require a report by the Secretary of 

State on U.S. actions on the 661 Committee. It will ensure that all 

necessary documentation and information is made available so that 

Congress can fully investigate what our own Government knew 

about the UN Oil-for-Food Program and the trade protocols and the 

illegal smuggling, and what it did or did not do to stop that. 

Over the past year, this Committee has been investigating the 

UN Oil-for-Food Program, but it is important to note and underscore that the vast majority of illicit Iraqi revenue during the UN 

sanctions was from the sale of oil by Saddam outside of the UN 

Oil-for-Food Program, and we have not investigated how this happened. Most of it came from the so-called trade protocols, but when 

Jordan and Turkey told the 661 Committee of their intentions to 

purchase oil from Iraq in violation of the UN sanctions, the 661 

Committee, in reality the Security Council, simply took note, whatever that means. It did nothing else. 

The trade protocols, I would submit, were blatant violations of 

United Nations’ sanctions, but the 661 Committee took no action 

to stop them. We need to know why. 

Then there was the Khor al-Amaya shipments. From mid-February to March 2003, seven tankers loaded 7.7 million barrels of 

Iraqi oil in complete violation of the UN sanctions, resulting in over 

$53 million of revenue for the Saddam Hussein regime on the eve 

of our invasion of Iraq. UN inspectors alerted the 661 Committee 

about these shipments while they were happening, but the Committee did nothing, and the naval interdiction force led by the 

United States did not stop the ships. We need to know why. 

634

We also know that Saddam skimmed money from the Oil-forFood contracts on more than 70 occasions. The 661 Committee was 

notified of glaring pricing irregularities, but, again, the 661 Committee, the Security Council, did nothing, allowing Saddam to continue stealing at the expense of his own population. We need to 

know why. 

Then there are the failures in the oversight of the UN Secretariat’s day-to-day management of the Oil-for-Food Program. The 

Volcker Commission and UN internal audits have shown that there 

were a number of problems with the operations of the program, yet 

it is unclear what, if any, steps were taken by the 661 Committee, 

that is the Security Council, to correct them. We need to know 

what happened. 

My friend, Chairman Rohrabacher, has promised that we will 

hold hearings into the trade protocols. This amendment will provide us with the necessary information and documentation to begin 

preparation for those hearings. 

Mr. Chairman, let me suggest that this amendment goes to the 

heart of our constitutional responsibility to conduct oversight of the 

Executive Branch. American taxpayers deserve to know why the 

661 Committee allowed Saddam’s regime to earn billions in illicit 

revenue in violation of UN sanctions and what role our Government may have played in doing so. I, therefore, urge adoption of 

this amendment, and I see my time has expired. 

Mr. SMITH OF NEW JERSEY. Before recognizing Mr. Lantos, I 

would just ask Mr. Delahunt if he might consider withdrawing his 

amendment for perhaps a half-hour or so, so we can take a look 

at it. This is the first time we have seen it. It may be an excellent 

amendment. I think it has a great deal of surface appeal, and I 

think it probably is a good amendment. 

Mr. DELAHUNT. Okay. 

Mr. SMITH OF NEW JERSEY. I appreciate that. 

The amendment is withdrawn, but obviously, you have the right 

to reoffer it. The Chair recognizes Mr. Lantos.

Mr. LANTOS. Mr. Chairman, I will just take a moment to commend my friend for this extremely important initiative, and I 

strongly support it. 

Mr. SMITH OF NEW JERSEY. The Chair recognizes Mr. Poe for the 

purpose of offering an amendment. 

Mr. POE. Mr. Chairman, I have an amendment at the table. 

Mr. SMITH OF NEW JERSEY. The clerk will designate the amendment. 

Ms. RUSH. Amendment offered by Mr. Poe of Texas. In Section 

104 of the bill, strike ‘‘There’’ and insert section ‘‘(a) In General. 

There’’; and——

Mr. POE. Mr. Chairman, I ask unanimous consent that the 

amendment be considered as read. 

Mr. SMITH OF NEW JERSEY. Without objection, so ordered. 

[The amendment referred to follows:]

635

1

H.L.C.

AMENDMENT TO H.R. ll

OFFERED BY MR. POE OF TEXAS

(Foreign Relations Authorization Act, Fiscal Years 2006 and

2007)

In section 104 of the bill—

(1) strike ‘‘There’’ and insert ‘‘(a) IN GENERAL.—There’’; and

(2) add at the end the following new subsection:

1 (b) ASSISTANCE FOR INTERNALLY DISPLACED PER2 SONS IN EASTERN BURMA.—Of the amounts authorized

3 to be appropriated under subsection (a), $3,000,000 for

4 fiscal year 2006 and $3,000,000 for fiscal year 2007 are

5 authorized to be appropriated for assistance to Thailand6 based nongovernmental organizations operating along the

7 border between Thailand and Burma to provide food, med8 ical, and other humanitarian assistance to internally dis9 placed persons in eastern Burma.


21698al.AAB
636

Mr. POE. Mr. Chairman, a brutal campaign of village burnings, 

destruction of rice supplies, and killings in Burma by Burma’s military regime has resulted in the forceful displacement of almost 

500,000 to a million innocent victims and citizens in eastern 

Burma. Hundreds of thousands of these internal refugees we call 

internally displaced persons, or IDPs are persons persecuted for 

their strong commitment to democracy and belief in human rights. 

Regardless of their religion, all of the IDP victims are being systematically hunted by the evil military regime in Burma. 

The Burmese Freedom and Democracy Act of 2003, which was 

passed by the United States Congress, overwhelmingly found that 

these tactics add up to ethnic cleansing in this area. Secretary of 

State Rice has rightfully called Burma one of six outposts of tyranny in our world. With all this said, virtually no humanitarian aid 

reaches those who have been driven from their homes in eastern 

Burma. The Burmese military regime blocks all that assistance. 

Shockingly, as a result of attacks and the blocking of aid, the 

child mortality and malnutrition rates are comparable to those recorded among the internally displaced populations in the Horn of 

Africa. Even worse, maternal mortality rates are well above emergency levels. Acute respiratory infections, diarrhea, malaria and 

anemia are also serious problems. 

The authorization language in the past has supported the possibility of providing aid to those vulnerable people trapped inside 

Burma, however the language gives the State Department the opportunity to have wiggle room as to where that aid is directed. Currently, all aid disbursed by the State Department ties the hands 

of the NGOs so that it can only be used for Burmese that have 

managed to flee Burma and are in refugee camps in Thailand. 

The Department of State does not allow aid to get to the Burmese that are barred from entering Thailand. They are being hunted down in their own country. So the money never stays in Burma. 

Mr. Chairman, it is time the State Department stopped this wiggle room on this issue and got to the task of implementing the will 

of Congress as expressed in the authorization bills in the past and 

in this amendment to split the money between those trapped in 

their own country and those that have moved to Thailand. 

President Bush and Secretary Rice have made it clear that the 

foreign policy of the United States should include supporting people 

living under tyranny, when we can. In eastern Burma, we can help 

them, and I hope that we will. 

So, Mr. Chairman, I will be working with Chairman Leach of the 

Asia Subcommittee to confront the State Department with this critical and serious issue as to how this money is disbursed. If, after 

meeting with the Department of State, we are not convinced that 

the appropriate aid will get both to the refugees in Thailand and 

to the IDPs in Burma, this amendment will be offered again on the 

House Floor. 

Due to the support I have received from other Members, I anticipate the amendment will pass when it is submitted on the House 

Floor. Therefore, Mr. Chairman, I will withdraw my amendment 

pending adequate cooperation from the Department of State. 

Mr. CROWLEY. Will the gentleman yield before he withdraws? 

637

Mr. SMITH OF NEW JERSEY. The Chair recognizes Mr. Lantos, 

who wanted to speak on this, and then Mr. Crowley. 

Mr. LANTOS. Thank you, Mr. Chairman. I want to commend my 

friend from Texas for offering this very important amendment. Two 

years ago, the President signed into law the Burma Freedom and 

Democracy Act that I authored and Congress passed, and your 

amendment is fully in line with that underlying bill, and I want 

to express my appreciation to you. 

Aung San Suu Kyi, the leader of forces that favor democracy and 

freedom in Burma, is still held under unacceptable circumstances. 

It is important that the Burmese regime be reminded on a regular 

basis that the Congress of the United States totally disapproves of 

their anti-democratic policies, and I want to commend my friend 

from Texas. 

Mr. SMITH OF NEW JERSEY. Mr. Crowley. 

Mr. CROWLEY. Thank you, Mr. Chairman. Let me also thank the 

gentleman from Texas for offering this amendment. My understanding is he will withdraw, and we will see further action, hopefully on the Floor, on this. I have been working with Mr. Kirk to 

include similar language in an appropriations process and look forward to working with you as well on this in the future. 

As the Ranking Member has indicated, Aung San Suu Kyi, the 

Nobel prize winner, is still held in house arrest, and her condition 

is not clear to the outside world in terms of her health. We know 

the work of the SPDC, the Burmese military, and what they have 

done to dislocate, to imprison, quite frankly, whole villages, the 

burning of rice fields, the only sustenance many of these villagers 

have, and that the money we are talking about will go to the BBC 

to support the interests of these internally dislocated individuals. 

So I appreciate the work the gentleman from Texas is doing on 

this issue. I wholeheartedly support this amendment and hope to 

see action on the Floor, and I thank the gentleman. 

Mr. SMITH OF NEW JERSEY. Mr. Rohrabacher. 

Mr. ROHRABACHER. Yes, I commend my friend from Texas as 

well, and let us note that there are many people around the world 

who do not trust the United States’ commitment to democracy. 

They claim the only time we support democracy is when it is in our 

national interest one way or the other, obtaining some strategic 

goal or whatever, otherwise we do not get involved in helping people who live under tyranny and injustice. Nothing would be more 

demonstrable about this country’s commitment to liberty and justice and freedom than for us to stand with the people of Burma 

against the dictatorship there. 

There is almost no strategic interest for the United States in that 

country, but there are millions of souls there who could live in 

prosperity and freedom but instead languish in deprivation and 

under a tyrant’s heel. For us, it does good for our soul as a country 

and proves to the rest of the world that we do believe in liberty 

and justice for all by such activities as we see today. I would hope 

my friend from Texas does bring this up. 

There is a story going around that the Burmese have just called 

for a general election, Mr. Chairman. That is, all the generals are 

going to get together and decide who is boss. That is what they call 

a general election. 

638

So with that said, let us stick with the Burmese people so they 

can have a real democratic election and they can have some human 

rights respected in that country. Thank you, Mr. Chairman. 

Mr. SMITH OF NEW JERSEY. The Chair recognizes Mr. Ackerman 

for purposes of an amendment. 

Mr. ACKERMAN. Thank you, Mr. Chairman, I have an amendment at the desk. 

Mr. SMITH OF NEW JERSEY. The clerk will designate the amendment. 

Ms. RUSH. An amendment offered by Mr. Ackerman of New York: 

At the appropriate place in the bill, insert the following new title 

and conform the table of contents accordingly——

Mr. SMITH OF NEW JERSEY. Without objection, the amendment 

will be considered as read, and the gentleman from New York is 

recognized for 5 minutes in support of his amendment. 

[The amendment referred to follows:]

639


21698r.eps
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2

H.L.C.

1 (2) The illegal international nuclear prolifera2 tion network established by Dr. Khan provided

3 North Korea with complete uranium enrichment cen4 trifuges and designs and a list of components nec5 essary to manufacture additional uranium enrich6 ment centrifuges.

7 (3) Documents provided by the Government of

8 Libya to the Government of the United States and

9 the International Atomic Energy Agency (IAEA) in10 dicate that the illegal international nuclear prolifera11 tion network established by Dr. Khan provided

12 Libya with designs for a nuclear weapon, as well as

13 for uranium enrichment centrifuges.

14 (4) In March 2005, the Government of Paki15 stan acknowledged that the illegal international nu16 clear proliferation network established by Dr. Khan

17 provided uranium enrichment centrifuges to Iran.

18 (5) The Government of the United States still

19 does not know the entire extent of the activities of

20 the illegal international nuclear proliferation network

21 established by Dr. Khan and the Government of

22 Pakistan has not provided any opportunity for the

23 United States Government to interview Dr. Khan di24 rectly.


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3

H.L.C.

1 SEC. l03. SENSE OF CONGRESS.

2 It is the sense of Congress that—

3 (1) the illegal international nuclear proliferation

4 network established and operated by the Pakistani

5 nuclear scientist, Dr. Abdul Qadeer Khan, has done

6 grievous damage to the international nuclear non7 proliferation regime, has threatened the continued

8 viability of the Treaty on the Non-Proliferation of

9 Nuclear Weapons, and has jeopardized the vital na10 tional security interests of the United States;

11 (2) the Government of the United States has an

12 interest in knowing the full extent of the illegal

13 international nuclear proliferation network estab14 lished by Dr. Khan, which sold nuclear weapons and

15 related technologies to a variety of countries; and

16 (3) in order to ensure that the illegal inter17 national nuclear proliferation network established by

18 Dr. Khan has been dismantled, Dr. Khan should

19 give a full accounting of the activities and partici20 pants of the network to the United States Govern21 ment.

22 SEC. l04. PROHIBITION ON UNITED STATES MILITARY AS23 SISTANCE TO PAKISTAN.

24 (a) PROHIBITION.—No United States military assist25 ance may be provided to Pakistan and no military equip26 ment or technology may be sold, transferred, or licensed


21698am.AAD
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4

H.L.C.

1 for sale to Pakistan pursuant to the authorities contained

2 in the Foreign Assistance Act of 1961 (22 U.S.C. 2151

3 et seq.) or any other Act unless the President first certifies

4 to the appropriate congressional committees that—

5 (1) the Government of Pakistan has provided

6 the Government of the United States with unre7 stricted opportunities to interview the Pakistani nu8 clear scientist, Dr. Abdul Qadeer Khan, regarding

9 the illegal international nuclear proliferation network

10 established and operated by Dr. Khan;

11 (2) the Government of Pakistan has complied

12 with requests for assistance from the International

13 Atomic Energy Agency (IAEA) regarding the illegal

14 international nuclear proliferation network, including

15 by providing requested documents, materials, equip16 ment, and access to individuals; and

17 (3) the Government of the United States—

18 (A) has determined the full scope of the

19 activities and participants of the illegal inter20 national nuclear proliferation network;

21 (B) has determined the nature and extent

22 of the illegal international nuclear proliferation

23 network’s connection to al Qaeda and Osama

24 bin Laden; and


21698am.AAE
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5

H.L.C.

1 (C) in conjunction with the International

2 Atomic Energy Agency, has confirmed that the

3 illegal international nuclear proliferation net4 work has been completely dismantled.

5 (b) INAPPLICABILITY OF CERTAIN PROVISIONS.—

6 The prohibition contained in subsection (a) does not apply

7 to any assistance or transfer for the purposes of any of

8 the provisions of law specified in subparagraphs (A)

9 through (D) of section 620E(e)(2) of the Foreign Assist10 ance Act of 1961 (22 U.S.C. 2375(e)(2)).

11 (c) DEFINITION.—In this section, the term ‘‘appro12 priate congressional committees’’ means—

13 (1) the Committee on International Relations

14 and the Committee on Appropriations of the House

15 of Representatives; and

16 (2) the Committee on Foreign Relations and

17 the Committee on Appropriations of the Senate.


21698am.AAF
644

Mr. ACKERMAN. Mr. Chairman, we know that Dr. Abdul Qadeer 

Khan ran an illegal international nuclear proliferation network, a 

nuclear Wal-Mart, if you will, that sold nuclear equipment and related technologies to North Korea and Iran, two-thirds of the axis 

of evil, and tried to sell it to the other third. We also know that 

Dr. Khan sold nuclear equipment and related technologies and 

even bomb designs to Libya. 

That is what we do know. But it is what we do not know that 

should scare us. We do not know the full extent of the network. We 

do not know whether the network has been shut down or whether 

it still operates. We do not know how many countries or entities 

or individuals were involved. We do not know whether Dr. Khan 

or any of his associates had contact with al-Qaeda, as has been reported, or whether his associates transferred any nuclear equipment or technology to al-Qaeda. We do not know the extent of the 

involvement of figures who may still be in the Pakistani Government and military. We do not know if President Musharraf was 

aware of Dr. Khan’s activities or whether he approved. 

We do not know the answer to these questions because we have 

not been able to interview Dr. Khan. We pass the Government of 

Pakistan questions. Maybe they pass us answers; maybe they do 

not. Maybe the answers we get are true; maybe they are just what 

the Pakistani Government wants us to hear. We are not even sure 

that the answers we get are from Dr. Khan. We just do not know. 

We have given Pakistan a get-out-of-jail-free card on the single 

worst case of proliferation in the last 50 years. It is time for that 

to change. My amendment would block military assistance and 

sales to Pakistan until the President certifies that the United 

States Government has had unrestricted access to Dr. Khan; that 

the Government of Pakistan has complied with requests for assistance from the IAEA regarding Dr. Khan’s activities; and that the 

United States Government has determined the full scope of the activities of the Khan network, determined the nature and extent of 

the network’s contacts with al-Qaeda, and has confirmed that the 

network has been completely dismantled. 

Until then, economic assistance, as well as assistance for 

antiterrorism, counternarcotics, peacekeeping and IMET would 

continue uninterrupted with Pakistan. I want to repeat that. Until 

then, we continue the economic assistance, the assistance for 

antiterrorism and counternarcotics and peacekeeping and IMET, 

we continue that uninterrupted to Pakistan. 

I know that there are provisions in the bill that already deal 

with Pakistan, but I would argue that sense of the Congress language and reporting requirements are very good as far as they go, 

but they are not going to get us the answers to the questions we 

need regarding the extent of Dr. Khan’s network and the damage 

it has done to our national security. 

The Bush Administration argues that the single most significant 

threat facing the United States is terrorists armed with weapons 

of mass destruction. They have got that right. Now, with Dr. Khan, 

we have all the ingredients to realize that threat. Yet when it 

comes to Pakistan, the Administration seems unconcerned that 

Pakistan’s nuclear technology may have been passed into the 

hands of al-Qaeda. We need to make it clear to Pakistan that reVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00650 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL
645

solving this issue is absolutely essential for the United States. To 

date, we have not done that. 

It seems as long as we get some minimal level of cooperation 

from Pakistan in the war on terrorism, we give them a pass on nuclear proliferation, democratic reform, or any other issue. 

Mr. Chairman, I think our policy with regard to Pakistan is fatally flawed. It is true that we need their cooperation in the war 

on terrorism, but the price for that cooperation seems to keep going 

up. We have repeatedly waived sanctions against Pakistan and 

promised this military dictatorship a $3 billion aid package, but 

that was not enough. We provided them with submarine surveillance planes, antitank missiles, anti-aircraft guns. Unless al-Qaeda 

has suddenly started using submarines and tanks and jet fighters, 

I do not see what application these systems have in the war on terror. 

Now the Administration plans to sell Pakistan F–16s. Have we 

gotten demonstrably better cooperation from Pakistan as a result 

of any of this? I do not think so. Is nuclear technology in the hands 

of terrorists too high a price to pay for Pakistan’s continued cooperation? I think the answer is very clear. 

It is time to tell Pakistan that the answers regarding the A.Q. 

Khan network are an absolute priority of the United States. I think 

it is worthwhile withholding military assistance. That will not only 

get their attention, but it will get us the answers that we need, and 

I encourage my colleagues to consider supporting the amendment. 

Mr. SMITH OF NEW JERSEY. Chairman Leach? 

Mr. LEACH. Well, it is with the greatest reluctance that I differ 

with our distinguished former Chairman of the Asia Subcommittee. 

All of the premises about concern for this network are valid, but 

I would like to stress that I think, since 9/11, the Administration’s 

policy toward Pakistan, which is to build a stable relationship, has 

been very wise and is resulting in impressive results. This network 

has been taken down. In country after country, those that were 

part of the network are now in the situation that they cannot operate. 

I would also say that Pakistan is in a unique position. They have 

a government that has been extremely helpful. They have a public 

that is becoming increasingly antagonistic to the United States. For 

lots of reasons that relate some to this religious divide, the issue 

of the Koran kicking that we regret very much has taken the 

imagination of the Pakistani people very highly. 

But I would stress, and the distinguished Ranking Member and 

I had a conversation yesterday with people from various agencies 

of the United States Government, and I will tell you I am quite impressed with the cooperation that our two sides have at this time. 

There are some imperfections in that cooperation, but a hard-edged 

approach like this can be as counterproductive as almost anything 

I know of. 

We know that what seemed like very sensible reasons we passed 

something a decade or more ago called the Pressler amendment. 

That amendment probably did more damage to United States-Pakistani relations than anything conceivably could have done, and it 

did cause Pakistan to go in the exact reverse direction from which 

we might have hoped. I think this kind of stick in the eye is not 

646

needed at this time. I think it is the type of thing that could be 

very difficult, and I would say this bill has addressed this very sensitively and in ways that I think are quite appropriate. 

What this measure does is, in a very ironclad way, causes some 

circumstances that could smolder very easily. All I can suggest to 

the gentleman is if we pass something like this and all Pakistan’s 

cooperation with us then ceases, how is that better for the national 

interests of the United States of America? I see no positive in this. 

Now, it is awkward for all of us that A.Q. Kahn has escaped a 

jail sentence, but I think we all recognize the Pakistani Government, for its own survival, has probably gone about as far as it can. 

So I think if we prefer a government that is not controlled, with 

a disposition that is cooperative in the war on terror, we are moving in a direction to achieve that. I think that this amendment, as 

well-reasoned as it is, is perhaps as counterproductive as any 

amendment this Committee could be facing at this time. 

Mr. ACKERMAN. Will the gentleman yield? 

Mr. LEACH. Yes, of course. 

Mr. ACKERMAN. I want to say at the outset how much respect I 

have for the current Chairman of the Asia Subcommittee, and I 

agree with the vast majority of what you have said, with the exception of the conclusion. This is not just about improving our relationship with Pakistan, that is cooperating to a good extent with 

us in the war on terrorism, with one exception. Why would it harm 

the relationship if we got to interview Dr. Khan ourselves instead 

of doing it through a third party that has a vested interest in protecting some of the information that he has? 

This is not about retribution or seeking justice that A.Q. Kahn 

might have escaped. This is about his coming clean. We do not 

know that he has come clean. We do not know that that international network that he has set up has been dismantled. We know 

nothing to that extent, and we certainly do not know about his cooperation with al-Qaeda, what he might have provided them or to 

any other nation, rogue nation or not. I think it is in our national 

interest to determine that. 

It is not about humiliating Pakistan. Historically, we have had 

a good relationship, and we should continue. 

Mr. LEACH. Reclaiming my time, because there is just a bit here. 

We do know more than the gentleman has indicated that we do 

not know. We know a lot about how much this network has been 

taken down, but I would also stress, yes, we would prefer to interview him. Yes, we would also prefer to have this government stay 

in power. Yes, from a Committee’s point of view, we do not normally take the tact of constraining the constitutional authorities of 

the Executive Branch. We did earlier today. I do not think we 

should repeat it again in this measure. This does not even have a 

Presidential waiver to it. I think it is hard-headed in such a way 

that it is almost bound to be counterproductive. 

The concerns the gentleman suggests are valid, although not as 

entirely valid as has been described because we have taken down 

a lot of people, and we know it. Now, whether there are more, that 

is possible but we have an awful lot of people dedicated to that particular circumstance. 

647

Mr. ACKERMAN. If the gentleman would continue to yield for another moment? 

Mr. LEACH. Of course. 

Mr. ACKERMAN. I would just like to point out to the gentleman 

and the Committee that, under Section 614 of the Foreign Assistance Act, the President does have continual authority for waivers 

over anything that we might pass in this Committee or in this Congress, as well as the fact that this is only a one-time certification 

requirement that the President makes that we have access to A.Q. 

Kahn. 

The gentleman points out that we know many things. The only 

things that we know are the many things that the Pakistanis have 

given us that they assert is from A.Q. Kahn. We do not know what 

we do not know. I think if different people who have a different interest, such as us, ask the right questions, there may be different 

answers. 

I think when you have the world’s most prolific proliferator, who 

is under house arrest by the Pakistanis, being questioned by people 

who might have been his co-collaborators in the proliferation, it is 

to their interest that we do not get the information. I think it behooves our national interest that we be allowed to question him directly to find out the answers to the questions we have in order to 

protect America, Americans and the free world. 

Mr. SMITH OF NEW JERSEY. The Chair recognizes Mr. Lantos. 

Mr. LANTOS. Thank you very much, Mr. Chairman. It is with the 

utmost reluctance that I rise in the strongest possible opposition to 

the amendment offered by my good friend from New York. If one 

were to ask the question what leader of what country has the most 

difficult assignment in 2005, President Musharraf would be right 

up there among the contenders for the most difficult, complex, almost impossible assignment. 

We are all aware of the very negative role Pakistan played for 

many years, both in Afghanistan and with respect to many other 

issues. But in recent years, this has not been the case. The A.Q. 

Kahn network has been dismantled. It would be desirable, and I 

certainly would favor to have Mr. Khan examined and interrogated 

by our own people. For perfectly obvious domestic reasons, this 

does not appear feasible if we wish to preserve the position of 

President Musharraf. 

I think the gentleman’s amendment is extremely well-intentioned. I think the goal he seeks is one we all share, but I am convinced passage of this amendment would be contrary to U.S. national interests, and I strongly urge all of my colleagues to oppose 

this amendment. 

Mr. ACKERMAN. Would the gentleman yield? 

Mr. LANTOS. I would be delighted to yield to my friend. 

Mr. ACKERMAN. I want to strongly disagree with the Ranking 

Member of the Full Committee, someone who I have the utmost of 

respect for. I do not know how anybody could say with any degree 

of authority that the A.Q. Kahn network has been fully dismantled. 

We have not asked him that question. It is certainly within the interests of General President Musharraf and A.Q. Kahn to pose the 

questions to themselves, if they are even doing that. 

648

Mr. LANTOS. If I may take back my time. It is not a frivolous decision on the part of President Musharraf that he does not make 

A.Q. Kahn available for our interrogation. This issue has been 

raised with President Musharraf at the highest levels, at the highest levels, repeatedly. The response President Musharraf has given 

has satisfied many people, including myself. 

So the notion that all we are asking is for him to make available 

this individual for interrogation by our own people is not a simple 

proposition, nor is it a new proposition. This proposition has been 

explored ad nauseam and ad infinitum, and we have come to the 

conclusion that there are overriding criteria which make the 

present status acceptable. Not ideal, but acceptable. 

The situation of Pakistan is an incredibly complex one, and to 

single out one item, which this amendment does, does not do justice to the complexity of the issue. The complexity of the issue in 

terms of United States national security concerns indicates that 

this amendment should be defeated. It cannot be looked at as a 

separate item. 

Why can’t we explore all issues with this individual? Well, one 

reason is that he is viewed as a national hero in Pakistan. That 

is why he is not in prison. That is why he has not been extradited. 

There are complexities here that play directly into the role Pakistan is now playing very effectively with respect to United States 

national security interests. While the motivation of my good friend 

from New York is unquestioned, I think it would be profoundly contrary to U.S. national interests to have this amendment approved. 

Mr. ACKERMAN. Would the gentleman yield? 

Mr. LANTOS. I would be delighted to yield. 

Mr. ACKERMAN. I thank you. Be assured that I understand and 

appreciate the complexities of this issue. I do understand that A.Q. 

Kahn is a national hero in Pakistan. I do understand that Adolf 

Hitler was a national hero in Germany, but I sure would have liked 

to have had a few private minutes with him. 

A.Q. Kahn has information. Why in the world would we think 

that the guy who sold technology to North Korea, the guy who sold 

technology to Iran, the guy who tried to sell, but was rebuffed, 

technology to Iraq, all three of the evil axis, who sold technology 

to Libya, why would we think he stopped at that? It is in our national interest to find out the name of each and any other country, 

entity or person that he might have dealt with, because if we 

are——

Mr. LANTOS. Reclaiming my time, he is not now selling anything 

to anyone because he is under virtual house arrest. His network 

has been destroyed. While the gentleman’s statements with respect 

to the past are accurate, the issue is what contributes to U.S. national interest today and in the months that lie ahead. 

Historically, A.Q. Kahn has done enormous damage. There is no 

dispute over this. The question this Committee will now have to decide is whether today it is in United States national interest to terminate our military relationship with Pakistan or not, and I am 

convinced it is in our national interest to maintain and to strengthen that relationship. 

Mr. ACKERMAN. Will the gentleman yield? 

Mr. LANTOS. I yield back the balance of my time. 

649

Mr. SMITH OF NEW JERSEY. Mr. Crowley. 

Mr. CROWLEY. I thank the Chairman for yielding. Mr. Chairman, 

I want to speak in support of the Ackerman amendment, recognizing that two very good friends have an honest disagreement 

here on this issue. 

I believe it is time to hold Pakistan accountable. While I understand the need of Pakistan’s assistance in fighting the war on terrorism, I do not think we can overlook the contribution that my 

friend from California rightfully has stated that Dr. A.Q. Kahn is 

acknowledged as a national hero in the country of Pakistan, which 

to me is just incredible, given the extent of damage I think he has 

done to the world in the leaking of information willfully to not only 

nations that do not have the interest of the United States in the 

best of mind but also possibly terrorist organizations. The full extent of the damage done by A.Q. Khan’s illegal international nuclear proliferation network really is still unknown. What we do 

know is what the Pakistanis have told us about what he has done. 

Pakistan refuses to allow any entity to question Khan about the 

extent of his network. I think this only makes not just the U.S. but 

the world more insecure. We have to ask, did Dr. Khan only sell 

his stolen nuclear secrets to countries who might, as I say, be 

threats, or even worse to terrorist organizations like al-Qaeda and 

others who would have no hesitation to use those weapons against 

our interests or us directly? 

Pakistan should have Khan give the United States Government 

a full accounting of his network. If Pakistan continues to refuse access to Khan, then the United States must prohibit military assistance to Pakistan. I just believe that is the case. That is how I feel 

about this. I just want to add that I respect Mr. Leach very, very 

much in terms of his insight on these issues. 

I also just want to point out, though, that we have yet to capture 

one of the ring leaders, I guess you can say, Osama bin Laden. We 

know he is traversing between the Pakistan and Afghanistan border, but as of yet have not been able to capture him. With all the 

intelligence, with everything we do know, we still have yet to do 

that. I think Pakistan needs to step forward and help produce that 

individual for the United States as well. 

With that, I yield back my time. 

Mr. LEACH. Will the gentleman yield? 

Mr. CROWLEY. Yes, I will. 

Mr. LEACH. Just briefly. The heart of this is whether we can talk 

to him. I think that is slightly preferable, possibly. But let’s say we 

have an ideal interlocutor. Let’s say Mr. Ackerman, who in my 

judgment would be an ideal interlocutor. There is no evidence that 

we would get more information from him than someone else. I 

would assume Mr. Khan would probably stonewall Mr. Ackerman. 

What we are suggesting here by a statute of the United States is 

to legislatively take an Administration Executive Branch position, 

and then we have the distinct possibility that we make an even 

greater martyr of Mr. Khan. And we make a distinct possibility 

that others will try to emulate Mr. Khan. 

We have an issue of what Mr. Khan has done, but we have a bigger issue of not wanting anyone else, including Mr. Khan, to replicate what he has done in the past. If we pursue a path that looks 

650

as if we are Americanizing a circumstance that we should be internationalizing, we have got a real dilemma. 

I just would stress that there is reason the Executive Branch has 

doubts about this kind of approach, and there are reasons to believe that Pakistan has been very cooperative on the war on terror 

since a given point in time. If we want to reverse that direction, 

this is the type of thing that risks reversing that direction. It is a 

risk we should not take. 

Mr. CROWLEY. Reclaiming my time, I just wanted to——

Mr. ACKERMAN. If the gentleman will yield? 

Mr. CROWLEY. Go ahead. 

Mr. ACKERMAN. Let me just say, I am not interested in bringing 

down the Musharraf Government. They are important to us. I am 

not interested in embarrassing or humiliating A.Q. Kahn. We interview terrorists and terrorist suspects in every country in the world 

that is cooperating with us. We do not do it on television or publicly. This is a very, very quiet kind of a deal, as these things are 

usually done. 

We and the agencies of the United States who deal directly with 

this are certainly entitled, especially because the safety and security of the American people are at stake, to have that ability to talk 

to him and to get the real answers. 

Mr. SMITH OF NEW JERSEY. Any further discussion on the pending amendment by Mr. Ackerman? 

Mr. Sherman. 

Mr. SHERMAN. I would just briefly like to second Mr. Ackerman’s 

efforts here. If Pakistan is our friend, it needs to help us find out 

what damage its hero has done. 

I could either yield the rest of my time to Mr. Ackerman or yield 

back to the Chair. 

Yielding back to the Chair. 

Mr. SMITH OF NEW JERSEY. Who seeks recognition? 

Mr. DELAHUNT. Mr. Chairman? 

Mr. SMITH OF NEW JERSEY. Mr. Delahunt. 

Mr. DELAHUNT. I just want to respond to some of the observations by Mr. Leach. I would believe that giving the opportunity to 

interview Mr. Khan directly by members of American agencies 

would most likely yield significantly new information in terms of 

the implications of what occurred over the period when the A.Q. 

Kahn network was operating. I presume that we have possession 

of information that needs to be corroborated, that needs to be scrutinized, and that while it might be the inclination of A.Q. Kahn to 

stonewall, I would think that with some encouragement from Pakistani authorities and given the intelligence possessed by the United 

States, additional information that might absolutely be critical in 

terms of potential terrorist threats very well could be secured. 

When we speak of A.Q. Kahn as a national hero in Pakistan, 

that is profoundly disturbing. And while, yes, this government, the 

Musharraf Government, has been cooperative at some level with 

our efforts in the aftermath of 9/11, I wonder if the instability that 

we see in Pakistan is due to repressive domestic policies by the 

Pakistani Government, and the anti-Americanism that is reported 

in newspapers and media outlets that seems to be increasing in 

Pakistan is our identification with the Musharraf Government. 

651

I know it is a difficult, extremely difficult and sensitive issue, but 

in terms of the pantheon of potential terrorist threats, I would suggest that the actions by this network, by A.Q. Kahn, has put at 

risk, more than any other individual or network, global peace and 

the potential for absolutely devastating terrorist attacks. I appreciate what you say about our appropriate constitutional role, and 

I agree with what you said. I think you are accurate. 

In this particular case, the actions of this individual have put the 

whole world at risk. He is in a class by himself. He is hall of fame 

when it comes to the terrorist hall of fame. 

With that, I would yield back. 

Mr. SMITH OF NEW JERSEY. Would any other Member like to be 

heard on the pending amendment? If not, the question occurs on 

the amendment offered by Mr. Ackerman. All those in favor, say 

aye. All those opposed, say no. In the opinion of the Chair, the noes 

have it. 

Mr. ACKERMAN. Mr. Chairman, on that I would request a recorded vote. 

Mr. SMITH OF NEW JERSEY. The gentleman has requested a recorded vote. Further proceedings on this amendment will be postponed until 5 o’clock. 

Mr. Sherman. 

Mr. SHERMAN. Mr. Chairman, I move to strike the last word. 

Mr. SMITH OF NEW JERSEY. The gentleman is recognized for 5 

minutes. 

Mr. SHERMAN. I want to describe an amendment I am not offering and do so quite briefly. We are all concerned with the efforts 

of the State Department to promote democracy. In doing so, they 

have to do business with people who live in Iran or function in Iran 

or live in one of the other states that is not a democracy. Some of 

these states are on the terrorist list. So the effort to promote democracy, the effort to bring change to the policies and functions of 

hostile regimes runs headlong into our existing laws to prevent the 

export of dual-use technology. I am not going to offer an amendment because I hope to work with the Chairman and with the Majority staff toward including in this bill a provision that says, if you 

are the State Department or a grantee of the State Department 

trying to promote democracy in Iran or other terrorist countries, 

that you can acquire and use dual-use technology of the type that 

anyone could buy in an American store. To say that there is something for sale at Costco that we are going to prevent the Iranians 

from getting their hands on if they want it, the Iranian Government from getting their hands on, is simply absurd. There is nothing for sale in the American store that the Iranian Ambassador to 

Mexico or the UN cannot buy and cannot ship home. 

On the other hand, for us to try to promote democracy in Iran 

and similar countries and to say, you can’t use software, you can’t 

use a cell phone, you can’t use anything that might be listed on a 

dual-use list or might include even the low level of encryption that 

is for sale in every American store ties the hands of our democracy 

efforts. Our State Department-sanctioned democracy efforts must 

be able to use the ordinary technology that we all use in our offices. 

So the amendment that I hope to work out with staff would simply 

make it clear that if the Secretary of State herself looks at the matVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00657 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL
652

ter and determines that a grantee of the State Department can use 

dual-use technology of a type acquirable in a United States store, 

that they can go ahead and do that and that our efforts to prevent 

high technology from reaching the mullahs in Iran does not impede 

our ability to bring democracy to the people of Iran. With that, I 

yield back. 

Mr. SMITH OF NEW JERSEY. The Chair recognizes Ms. Lee for the 

purposes of an amendment. 

Ms. LEE. Thank you, Mr. Chairman. I have an amendment at the 

desk. 

Mr. SMITH OF NEW JERSEY. The clerk will designate the amendment. 

Ms. RUSH. Amendment to the amendment in the nature of a substitute offered by Ms. Lee of California——

Mr. SMITH OF NEW JERSEY. Without objection, the amendment 

will be considered as read. The gentlelady is recognized for 5 minutes in support of her amendment. 

[The amendment referred to follows:]

653

1

H.L.C.

AMENDMENT TO THE AMENDMENT IN THE

NATURE OF A SUBSTITUTE TO H.R. 2601

OFFERED BY MS. LEE OF CALIFORNIA

At the end of subtitle B of title IX, add the following new section:

1 SEC. 922. SENSE OF CONGRESS.

2 It is the sense of Congress that the President should

3 develop a plan as soon as possible after the date of the

4 enactment of this Act to provide for the withdrawal of

5 United States Armed Forces from Iraq and transmit to

6 the appropriate congressional committees a report with

7 this plan.


21698an.AAB
654

Ms. LEE. Thank you, Mr. Chairman. 

This amendment that I am offering is an amendment that really 

is a sense of Congress that the President present to Congress a 

plan for withdrawal of troops from Iraq. It is a very straightforward amendment that will show our troops in Iraq that we 

haven’t forgotten them. It will help take the target off of our troops’ 

backs by shattering the unity that we now see by the insurgency. 

It would deny foreign terrorists the ability to use our presence as 

a recruiting tool, which is happening now, and equally as important, ease the tension with our allies that the war in Iraq has created. 

Furthermore, it will demonstrate to the Iraqi people that we 

have no designs on their country. So whether you were for or 

against the war, that is not the issue with this amendment. I don’t 

believe that the public wants this war to continue in perpetuity. 

Now, some of my colleagues may argue that this amendment demands that the President telegraph to the insurgents the precise 

date and time that our troops are leaving. Others may suggest that 

this is an amendment to cut and run. But these arguments are 

completely wrong. This amendment only asks the President to tell 

us how he plans to end the war. It does not require a specific date 

nor does it abandon our troops. 

Mr. Chairman, it is really past the time that we should be having this debate here in Congress. And this debate, as you know, is 

happening all across the country. Just today, the Washington Post

reported on a poll that found that about 75 percent of the American 

people believe that the number of casualties we have sustained in 

Iraq is totally unacceptable; that nearly 60 percent conclude that 

the war isn’t worth fighting for; and that 52 percent are of the 

opinion that the war has not contributed to our long-term safety. 

These are serious indications that we here in the House need to become part of that debate; we do not need to continue to deny that 

we do not need this debate. 

Mr. Chairman, to date, as you know, 1,600 of our young men and 

women have given their lives. Over 12,000 American troops have 

been injured. Who knows how many innocent Iraqi civilians including women and children have died in a war that really should have 

never started in the first place. This amendment is an important 

step in terms of securing our young men and women. It doesn’t require any specific action, only to ask the President to develop a 

plan to provide for the withdrawal of the United States Armed 

Forces from Iraq, and we want him to transmit that plan to the 

appropriate Congressional Committees. Thank you. And I yield the 

balance of my time. 

Mr. SMITH OF NEW JERSEY. Would anyone like to be heard of 

amendment of Ms. Lee? 

Dr. Paul. 

Mr. PAUL. Thank you, Mr. Chairman. 

I would like to speak out in strong support of this amendment. 

It is a modest amendment. There are some of us who think that 

we should come out much sooner and be more emphatic, but this 

is very reasonable. It doesn’t put too much pressure on the President to tell him exactly what to do and telegraph his exact plans. 

I think this is something that we are obligated to do. We have as 

655

a Congress too often given up our prerogatives and our responsibilities dealing with war. We duck the responsibility. We give it to the 

Executive Branch. We give it to the United Nations. We do not assume the responsibility that we should have. I think when we don’t 

assume that responsibility, the war becomes political, and it lingers. 

Earlier today, I stated that I believe the Persian Gulf war has 

been going on since 1990. Hostilities never really quit during the 

1990s. Bombings occurred. Killings occurred. Embargoes occurred. 

Here we are 15 years later. I heard the potential Ambassador saying yesterday that we have no plans for permanent bases in Iraq. 

I mean, who believes that? There are four major bases being built. 

We as a Congress have allocated nearly a billion dollars to build 

an Embassy over there. I mean, we are in there for the long haul. 

The Vice President has talked about being there until the end of 

this Administration. We are there indefinitely. We are still in 

Korea for 50 years. Some day we are going to run out of funds for 

this, and we are going to run out of energy. We will run out of 

young men, and we will run out of support from the American people. So this is appropriate. It is coming at the right time. It is not 

overly emphatic. It is very modest. We should be on record of reassessing our responsibility over the war issue. 

This whole idea that we have totally rejected our responsibility 

under Article 1, Section 8, that if we send our young men and 

women off to war, that we declare war and we win the war and 

we get out. Now we let the UN decide. We let the President decide. 

We don’t know what the exit strategy is. It lingers. It goes on. Men 

and women die; 1,600 have already died, 13,000 severely wounded 

and many, many ill who have not yet been counted. So it is time. 

The American people want this to happen. 

But I see this as two things: The lack of the wisdom of the war 

means that we ought to call it to a halt and get out of there as soon 

as possible. Also, the responsibility of the Congress. We do still 

have the power of the purse. As poorly as we acted going into this 

war and reneging on our responsibility, we still have a lot of responsibility through the power of the purse. This isn’t even dealing 

with this, but it eventually will come to that. But if we can just 

get this started. So I plead with you, consider this. This is reasonable, and we should support this amendment. And I yield back. 

Mr. SMITH OF NEW JERSEY. The Chair recognizes himself. 

Let me just say I rise in very strong opposition to the Lee 

amendment, with all due respect to my friend from California. We 

do have a plan for withdrawal. It is well known. It involves the 

training of Iraqi security forces and providing space for the political 

and the economic reconstruction of Iraq. This amendment is a signal that we want to press the President for something other than 

his existing plan. We are frequently briefed as Members of this 

Committee, and the other Committees of Congress, particularly the 

Armed Services, know so well, that I think it would send precisely 

the wrong message to the 140,000 Americans presently serving in 

Iraq. 

Yes, we want to bring them home. We want to bring them home 

as soon as possible. But we also want the mission and the sacrifice 

that they have expended on behalf of Iraqi Freedom and human 

656

rights and democracy to take hold. The training, as we all know, 

of Iraqi police, of Iraqi military is robust; it is real. Many of the 

people who are dying now as a result of these terrorist attacks, 

which are cowardly acts that are being committed, are not being 

committed against United States troops but against those to whom 

the baton has been handed, and that is the Iraqi armed forces and 

Iraqi police. My hope is that we get our troops home, the men and 

women who are serving so bravely, as soon as humanly possible. 

But asking the President for a plan in this bill I think would send 

again precisely the wrong message, and I say that with all due respect to my good friend and colleague. 

Would anyone else like to be heard? 

Mr. Rohrabacher. 

Mr. ROHRABACHER. Let me agree with the Chair’s statement and 

identify with the Chair’s statement in opposition to this, I would 

say, very sincere resolution but wrongheaded resolution nonetheless. There is a plan. The American people have not been kept in 

the dark about a plan. The American people had before them the 

President of the United States running for reelection. This was a 

major issue in the last election, and the American people heard the 

President’s plan and overwhelmingly voted to endorse this President’s reelection. That was the major issue in the campaign. There 

is no ambiguity about what the President’s goals or what America’s 

goals are in Iraq. The President made it very clear: Our goal in 

Iraq now is we have to defeat the terrorists, and basically that the 

terrorists and those other people who are committing terrorism 

there who might want to impose a government like that of Saddam 

Hussein or a radical Islamic Government, to support those elements in Iraq that would like to have more democratic, pro-Western government, and to train those people and equip those people 

so that they can do their own fighting, and that the United States 

can then begin withdrawing its forces from Iraq. We have no desire 

for a long-term military commitment there in terms of bases and 

the occupation of the country. That has been very clear. The President has made his position clear. The people of the United States 

heard that. They were satisfied with it. This effort would do nothing if passed except, again, and I agree with the Chairman, send 

exactly the wrong message after the American people have voted 

for the President and voted for his plan, now Congress is going to 

send another message that we are in some way going to put limits 

on the President’s program and his plan for Iraq. If this would 

pass, the people of Iraq, their ability and their willingness to participate in these programs where we are training them to defend 

themselves and their nation, will be sapped. Of course, the terrorists will be bolstered saying, ah-hah, we now have got them, they 

are going to actually withdraw prior to our defeat. There are people 

in Congress who are pressuring the President to withdraw prior to 

the defeat of the terrorists and the radical Islamist threat there. 

So we are encouraging the wrong people and discouraging the 

wrong people by this resolution. With that, I would be happy to 

yield. 

Ms. LEE. Thank you very much. 

I appreciate the gentleman’s comments, the gentleman from California’s comments. I just want to remind the gentleman for the 

657

record that 75 percent of the American people right after the election believed that Saddam Hussein was responsible for 9/11, and 

75 percent of the American people believed that there was a connection between al-Qaeda and Saddam Hussein. Given the distortions and the fact that the American people did believe that there 

were weapons of mass destruction, did believe the Secretary of 

State when he went to the United Nations, trusted our Government with the information, then it is not hard to understand why 

you would make the statements with regard to the campaign. 

Mr. ROHRABACHER. Reclaiming my time. This is a free and open 

election that we just had, and this was the major issue of the election. Casting doubt on, you might say, the intelligence of the American people is not the way to win an argument on foreign policy. 

The fact is, the American people heard the debate, they voted on 

it. This was an issue debated over the months. Had the people 

have decided this was a mistake for us to get in, we should have 

gotten out, the election results would have been a lot different. The 

fact is that we need to hold firm. We have got the people, the 

American people have verified the President’s decision, at least 

they are backing it up. We should not now try to undercut the 

President by in some way casting doubt on whether or not he now 

has the authority to fulfill his plan. 

The bottom line, his plan is very clear. When we defeat the 

enemy and train those people there to defeat those forces themselves and to participate in their own defense, we will leave. The 

President hasn’t made any bones about that. I think it is very 

clear. So this amendment would do nothing but encourage the 

wrong people. Thank you very much. I yield back the balance of my 

time. 

Mr. SMITH OF NEW JERSEY. Would anyone else like to be heard? 

Mr. Green? 

Mr. GREEN. Thank you, Mr. Chairman. I am not a big believer 

in polls. I am not going to allow my policies or votes to be driven 

by polls other than those on Election Day. But I will give you a 

poll. One and a half weeks ago, I was in Iraq on a codel, and we 

met with government leaders from the new Iraqi Government, 

Speaker, Prime Minister, the new Minister of Defense, the gentleman who is the Chairman of the Constitutional Writing Committee. We met with military leaders at all levels. We met with 

rank-and-file soldiers from many parts of the country. Without exception, when asked, they said: ‘‘Please do not do this. This would 

be very bad. This would hurt us in our efforts.’’ It would, just as 

the gentleman from California Mr. Rohrabacher has asserted, it 

would be very bad in terms of getting the cooperation of Iraqis in 

the process of training them to take over military intelligence and 

policing operations. They also said to us that it would cost lives because it would send a terrible signal, and it would tell our enemies, 

our rivals, that they merely need to hold out for a set period of 

time. Showing our cards, laying out on the table exactly what the 

time frame would be and the method would be from withdrawal, 

that is something that our troops and our allies within Iraq have 

asked us very strongly not to do. They said it would be a disastrous 

move. I guess that is the poll I would use here. Those folks aren’t 

concerned about whether or not, what the reasons were for going 

658

in. They were sent there. They are there now. They are under fire 

now. They are putting their lives on the line now. Those are the 

folks who are telling us not to do something like this. They are 

looking for support from us. I think that this amendment quite 

frankly would send precisely the opposite message to them and our 

enemies at what is a really important time right now in the operations within Iraq. I yield back. 

Mr. SMITH OF NEW JERSEY. Ambassador Watson. 

Ms. WATSON. Thank you so much, Mr. Chairman. 

I speak in support of the amendment, and let me tell you why. 

Over a year ago in a meeting with Wolfowitz, I asked directly, are 

we planning to occupy Iraq? He got very perturbed with me for 

even suggesting occupation. But when I look at the fact that Iraq 

has 68 million people, but we are building the largest Embassy in 

the world in a nation that has 68 million people as compared to 

China with 1.3 billion people and India with 1.2 billion people, 

there is something disproportional about that. 

Two years ago, in May, the President declared with a banner for 

the world to see: Mission accomplished. Now, if the mission was accomplished and if the team on the ground found no weapons of 

mass destruction and if there were an election held and they have 

elected a democratic government, we are occupying Iraq, clear and 

simple. Does anyone think that the insurgents are going to stop 

creating havoc whether we are there or not? If we are there, we 

are targets. If we pull out, then not so many of ours will die. Recruiting of young people has dropped off to almost nil. I know; I 

am out in those schools. No one wants to go into the military because they see themselves going to Iraq, possibly losing their lives 

and limbs. And for what good purpose? For what good purpose? To 

say we liberated Iraq? 

I think we ought to be honest and up front. We ought to start 

developing a plan. The date can be put off to 2010 or whatever, because we are going to be there for another 10 years. I look at Vietnam, and we finally decided after losing tens of thousands of our 

people that we should declare victory and leave. 

The longer we stay there, the longer we are responsible for the 

turmoil that is going. I can’t even get a figure. No one wants to 

give you even a round figure of how many innocent Iraqis have 

been killed just because they have been in the way. The longer we 

stay, do you think for 1 minute people with suicide on their minds 

who see that it is an honorable way to die are going to stop? No. 

So one way or the other, we are sitting targets. I don’t think we 

are improving the country. I think there ought to be a plan whether it goes public or not. We ought to be privy, and maybe you are 

saying that you can’t trust Congress. Maybe that is the truth. We 

ought to know that there is some end to this. It is money down a 

gopher hole. When you are cutting services, health care services for 

your veterans, when you are not extending coverage to those who 

are in the National Guard and the Reservists, when we are cutting 

funds right here domestically to education programs, to the COPS 

programs, I don’t want to see another taxpayer’s dollar go in to a 

battle that we are going to continue out ad infinitum. So let us 

start being smart, let us have some strategic plans, and I think 

that we can finally see an end to this. Otherwise, let us just go on 

659

and admit that we are going to occupy this country forever. Thank 

you, Mr. Chairman. 

Mr. SMITH OF NEW JERSEY. Would anyone else like to be heard 

on the amendment? 

Dr. Boozman. 

Mr. BOOZMAN. Mr. Chairman, I think that we do have a plan 

that is very apparent. The first thing that we have tried to do, really three things is we have tried to help with the political process 

which everyone agrees has been a great success. I am a member 

of the NATO Parliament and have been a member for the last 2.5 

years. When you talk to the Europeans, they are very, very impressed with the results of the election. As a result of the election 

and the good things that are happening in Iraq, NATO now is 

doing a tremendous job of training Iraqi soldiers. But we need help 

with the political process. We are doing that. We are doing a good 

job of that. Everyone agrees that that is moving in the right direction. I was in Fallujah a couple months ago. I met with the sheiks, 

I met with the town council of Fallujah. I drove and toured the 

damage. Those people are very upbeat and feel like, I guess, the 

real test is ask them. They feel like we are moving in the right direction. 

The other thing that we are trying to do is help with the infrastructure and the economy. Again, I think we are moving in the 

right direction in that way also. Probably as far as their power grid 

and things like that, it is better than it has been. Lastly and so 

importantly, I mentioned earlier, training the Iraqi troops so that 

they can take over and defend themselves. Again, that also is going 

very, very well. NATO has bought into that. They are doing a tremendous job of training troops. Not necessarily there, but many of 

these are training troops in Jordan and countries like that. 

I guess my question would be, what do you want? I mean, do you 

want us to say we are going to pull out when unemployment is 9 

percent and this or that is happening? Again, I think we have got 

a great plan right now. I think when you look at the facts, when 

you look at what is happening over there, when you talk to the people—no, we didn’t find weapons of mass destruction. What we did 

find was hundreds of thousands of graves of people that were tortured, raped and everything else. For those of us that have been 

there, we have seen the people who have had their tongues cut out 

because they decided to disagree with whatever was said about 

their government. 

So again, I guess that would be my question, would be, in the 

sense that I think we are moving in the right direction, but, again, 

how would you word this? We are at war right now. I saw a young 

man when I was in Landstuhl a week ago who had lost his legs 

at 4 o’clock the evening before. We were there in the late afternoon. 

I mean, how do you go about doing this kind of thing? Is there any 

precedent at all in the history of warfare where you sit down and 

start saying, like I said, what do you want deployment at this or 

that? 

Ms. LEE. Will the gentleman yield? 

Mr. BOOZMAN. Yes. Very definitely. 

Ms. LEE. Basically, and let me say, this amendment answers 

your question. All it says is, develop a plan. American taxpayers 

660

have spent $300 billion, and it is rising. Our young men and 

women continue to be placed in harm’s way. I am the daughter of 

a veteran, a proud daughter of a veteran of two wars, and I know 

for a fact that supporting our troops, which I do, is a very high priority for all of us on either side of this issue. The most effective 

way to support our troops—and I am not talking about cutting and 

running. That is not what this amendment says. The most effective 

way to support our troops and to make sure that there is some stability and to ensure that the tax dollars that our American people 

work so hard for are not continually spent on war is to begin to 

simply develop a plan. That is all this amendment says is, develop 

a plan. To me, that is very rational, and it is an amendment that 

sends a signal to our troops that we honor their service, and we 

want them home as soon as this plan is developed. 

Mr. BOOZMAN. I am not being argumentive. I also am the—my 

father did 20 years in the Air Force. My grandfather served in 

World War I and World War II. My other grandfather was killed 

in World War I. So all I would say is, I think when you do look 

at it, we do have a good plan. If you talk about what is best for 

the troops, I think if you go to Iraq and ask the troops, they will 

tell you that they are quite happy with the plan that we are implementing right now. Again, working on the political process, helping 

with the infrastructure and economy, trying to get it where these 

people like us, you know, can make a living, provide for their family. Then, most importantly, train the Iraqi troops who are beginning to do a great job of taking over their own country so that they 

won’t have the mass graves, the hundreds of thousands of mass 

graves that a pullout would incur if we leave too early. 

Mr. SMITH OF NEW JERSEY. Any other Member wishing to be 

heard? If not, the question occurs on the amendment by Ms. Lee. 

All those in favor, say aye. Those opposed, say no. In the opinion 

of the Chair, the noes have it. 

Mr. ROHRABACHER. Mr. Chairman, on that I would request a recorded vote. 

Mr. SMITH OF NEW JERSEY. The recorded vote will take place. 

Further proceedings on this amendment will be postponed until 5 

o’clock or 15 minutes after the last vote. We may have a series of 

intervening votes during this markup. 

Ms. Lee, you are recognized. You have a second amendment? 

Ms. LEE. Thank you, Mr. Chairman. This is an amendment at 

the desk. I believe it is 028. 

Mr. SMITH OF NEW JERSEY. The clerk will report the amendment. 

Ms. RUSH. Amendment offered by Ms. Lee of California——

Mr. SMITH OF NEW JERSEY. Without objection, the amendment 

will be considered as read, and the gentlelady is recognized for 5 

minutes in support of her amendment. 

[The amendment referred to follows:]

661

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MS. LEE OF CALIFORNIA

(Amendatory Instructions Refer to the Amendment in the

Nature of a Substitute)

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. STATEMENT OF POLICY REGARDING UNITED

2 STATES MILITARY PRESENCE IN IRAQ.

3 (a) FINDINGS.—Congress finds the following:

4 (1) On April 13, 2004, President George W.

5 Bush stated: ‘‘As a proud and independent people,

6 Iraqis do not support an indefinite occupation and

7 neither does America.’’.

8 (2) On February 17, 2005, Secretary of De9 fense Donald Rumsfeld, testifying before the Com10 mittee on Armed Services of the Senate, stated: ‘‘We

11 have no intention, at the present time, of putting

12 permanent bases in Iraq.’’.

13 (b) STATEMENT OF POLICY.—It is the policy of the

14 United States not to enter into any base agreement with

15 the Government of Iraq that would lead to a permanent

16 United States military presence in Iraq.


21698ao.AAB
662

Ms. LEE. Thank you, Mr. Chairman. 

And perhaps for those who were opposed to my last amendment, 

perhaps they can support this amendment because this, again, it 

is a very simple amendment. What it does is say that the United 

States basically has no intent on being a permanent occupier in 

Iraq. In other words, we do not have any—we do not envision any 

future agreements with the Government of Iraq in terms of ensuring that military bases in Iraq are made permanent. Both the 

President and Secretary Rumsfeld I believe share this view. As I 

looked over some of their statements of recent months—in fact, on 

April 13 of last year, the President said, ‘‘As a proud and independent people, Iraqis do not support an indefinite occupation. Neither does America.’’

On February 17 of this year, Secretary Rumsfeld declared, and 

this is a quote from Secretary Rumsfeld. He said: ‘‘We have no intention at the present time of putting permanent bases in Iraq.’’

So the aim of my amendment is simply to codify this sentiment. 

We don’t need an open-ended indefinite presence in Iraq. That will 

only fuel the insurgency and make our troops more vulnerable. 

That is why I am urging my colleagues to support this amendment. 

Once again, it is a very simple amendment, and it just ensures that 

United States tax dollars do not pay for a continued presence in 

Iraq in terms of an indefinite occupation as it relates to a military 

presence. Thank you. And I yield the balance of my time. 

Mr. SMITH OF NEW JERSEY. Anyone like to be heard on this 

amendment? 

Mr. Rohrabacher is recognized. 

Mr. ROHRABACHER. I rise in support of the amendment. I don’t 

see any wrong. Clearly, you are just restating policy as defined by 

the President and by Secretary Rumsfeld and again reiterating 

that we have no desire for permanent military bases in Iraq, and 

we are there to help the Iraqi people. I think that—I would think 

that this should be supported by both sides of the aisle, and thank 

the gentlelady for presenting it. 

Mr. SMITH OF NEW JERSEY. The Chair recognizes himself. 

First of all, I want to say that I frankly disagree with the amendment and would oppose it. I just returned from Romania, a country 

that has since 1989 matriculated into a full-scale democracy, the 

most recent election clearly further cementing that democracy. We 

are now in the process of a basing rights or facilities negotiation 

to use two of their facilities in the Black Sea where there will be 

joint training. We have basing rights in Turkey, in Greece, all over 

the world, and certainly in Germany, where we have a number of 

our bases, particularly as part of our NATO commitment. We have 

basing rights in South Korea. It seems to me that Iraq is a good 

friend and ally. If that relationship were to get to the point where 

we wanted or they wanted a base, it would have to be mutual. 

They have an independently elected government, want to have that 

kind of presence, and certainly the option should not be precluded 

by language contained in Ms. Lee’s amendment. 

I don’t know, personally, of plans to establish such bases, but 

again, we have bases. That decision should be made on the ground 

at the time. You know, there are contingencies none of us can anticipate. 

663

Mr. ROHRABACHER. Would the Chair yield for a question? 

Mr. SMITH OF NEW JERSEY. Sure. I would be happy to. 

Mr. ROHRABACHER. If that time comes about, it would have to 

come to the Congress, and we would change this policy. At this 

point, I think Ms. Lee is accurate in describing that it is our policy 

of not having permanent bases or a permanent presence of U.S. 

military troops there. If that changes, Congress can come back and 

pass a resolution making it the policy of the government to do so, 

if we find that that is in our interests. 

Mr. SMITH OF NEW JERSEY. I think this is premature at best to 

suggest now that such an arrangement, if it was mutually beneficial, would be put off limits. I don’t think we know enough as to 

where we will be in 2, 3, or 5 years to even contemplate this kind 

of amendment. We have a democracy, frankly, in Iraq that has 

taken hold. You pointed out yourself that the elections were beyond 

the expectations of most people and, again, at great risk to those 

who campaigned, those who put their names forward, some of 

whom have been killed, to say that there is no possibility of a base. 

We still—as was pointed out I think by Ms. Lee earlier, or maybe 

it was Dr. Paul when we talked about Korea—are there 50 years 

later, but why are we there? We are there to preserve and to protect a good friend and ally, and, frankly it has had the effect of 

complicating Kim Jong Il, and before him Kim Il Sung, from any 

aggressive action. 

You know, deterrence is what usually basing buys. It is not just 

a jumping off point. It also mitigates points. I know, again, I say 

to my friend from California, of no plan, but I don’t think we now, 

given our state of knowledge, should be precluding such a plan. 

Mr. Paul. Dr. Paul. 

Mr. PAUL. Thank you, Mr. Chairman. 

I am glad to see there is some bipartisan support for this amendment, but I do have a question for the author of the amendment. 

What do you suppose the effect would be if this amendment were 

to pass on the expenditures that are probably already started in 

building bases that may well be permanent? Do you think this 

would affect those expenditures at all, or would more legislation be 

necessary? 

Ms. LEE. Well, let me just say, Mr. Paul, that the President has 

said and so has Secretary Rumsfeld that they had no intention of 

putting permanent military bases in Iraq. So I would hope that 

they have not begun to expend and spend money to do that because 

they have said that they weren’t going to do that. 

Mr. PAUL. I thank the gentlelady and I yield back. 

Mr. SMITH OF NEW JERSEY. Would anyone else like to be heard 

on the amendment? 

Dr. Boozman. 

Mr. BOOZMAN. Yes. Certainly, I agree with Ms. Lee in the sense 

that I would not be one, I don’t think anybody here, who would like 

to see a permanent occupation of Iraq. So I very much, as well as 

the people of the Third District of Arkansas, would like to see our 

military presence there leave. 

On the other hand, as I mentioned earlier, I was in Germany, 

and we still have a very large military presence there. We are certainly not occupying Germany. We are there because they asked us 

664

to stay. We are in the context now of drastically reducing our 

forces, and we had a good briefing about that. Probably about 60 

percent of our troops will be reassigned to other areas. We are still 

in Japan. Again, I think that nobody here would feel like we are 

occupying Japan, and yet we have a large military presence there 

that I think has really added to the stability of the region. 

So I understand what you are trying to do, and I don’t disagree 

with that, but I guess the only way that I would disagree is that, 

right now, as we are just really into this thing, I don’t think I 

would vote for anything that would really tie our hands. 

Mr. SMITH OF NEW JERSEY. Chairman Burton. 

Would anyone else like to be heard on the Lee amendment? If 

not, the question occurs on the amendment offered by the 

gentlelady from California Ms. Lee. All those in favor, vote aye. 

Those opposed, say no. In the opinion of the Chair, the noes have 

it. 

Ms. LEE. Recorded vote, please. 

Mr. SMITH OF NEW JERSEY. Further proceedings on this amendment will be postponed until 5 o’clock or 15 minutes after the last 

series of votes, sometime around 5 o’clock. Everybody will be notified at that point. 

Mr. Issa is recognized for purposes of offering an amendment. 

Mr. ISSA. Thank you, Mr. Chairman. 

I offer what should be at the desk as Issa Amendment 1. 

Mr. SMITH OF NEW JERSEY. The clerk will designate the amendment. 

Ms. RUSH. About striking Section 811? They have four for you. 

Mr. ISSA. And there are three lines on that. 

Ms. RUSH. Yes. Number 35 up in the top lefthand corner. 

Mr. ISSA. That should be it. 

Ms. RUSH. Amendment offered by Mr. Issa of California: Strike 

Section 811 of the bill——

Mr. SMITH OF NEW JERSEY. Without objection, the amendment 

offered by Mr. Issa is considered as read, and the gentleman is recognized for 5 minutes in support of his amendment. 

[The amendment referred to follows:]

665

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. ISSA OF CALIFORNIA

(Amendatory Instructions Refer to the Amendment in the

Nature of a Substitute)

Strike section 811 of the bill (relating to requirements relating to Economic Support Fund assistance for

Egypt) and conform the table of contents accordingly.


21698ap.AAB
666

Mr. ISSA. Thank you very much, Mr. Chairman. And I want to 

thank the Chairman and the Ranking Member for a huge body of 

work, the vast majority of which I support as presented. 

However, in the case of this narrow portion of the bill we are 

considering today, what I find is something that is mistaken or 

misguided on two counts. This has to do with aid to Egypt. At 

present time, Section 811 calls for moving of $40 million escalated 

by $40 million a year for 3 years of what is presently military aid 

to Egypt and moving it to economic aid. There are a number of reasons I oppose this. Probably the most important is because I believe the moving of these funds could seriously endanger American 

lives around the world. Egypt has been a proven partner in the war 

on terrorism. 

There are plenty of things on the economic side, and this bill 

talks about the failures on the economic side by the Egyptian Government that we can all mark. They have been slow to go to market their economy. They have been slow to improve their banking. 

As a matter of fact, in the legislation, the best argument for not 

taking the money from Defense, where it works and where it is 

protecting our security, and moving it to economic is the statement 

that we haven’t been able to make the economic system work. So 

I would say that, if anything, if you can’t make economic reforms 

work, you would take money from economic and perhaps move it 

to other places where it is working. 

I would like to bring to the attention for comparative purposes some figures. The per capita military aid to Egypt is $406.19. The 

per capita military aid to Israel is $9,529. The significance of this 

is both of these countries are partners of ours that we depend on 

for helping in the war on terrorism, we depend on in ensuring security. Israel provides us certainly significant technical assistance. 

They certainly have been good at monitoring Iran and doing a lot 

of other things which I know this Committee is very appreciative 

of because it saves lives. 

However, when it comes to the Egyptians, who are the only logical force to help us in Sudan and in Darfur, who in fact have been 

a consistent partner of ours in the war on terrorism, who have 

been most commonly a country that we have looked to for that kind 

of assistance, I think we have to. Last but not least, when Turkey 

turned us down and we couldn’t take our forces into Iraq in the beginning of the war, it was Egypt that, on an emergency basis, 

found a way to get our Fourth Division through the Suez Canal so 

that they could arrive somewhat in time to be part of the relief effort. We are in a position today where the last thing we can afford 

to do is have Egypt making cuts. 

Last but not least, I would just like to point out the percentages, 

because this talks—this reform talks about the possibility Egypt is 

spending too much considering it doesn’t have an enemy. Egypt 

spends 3.6 percent—that is including our money—of its GDP on 

military. Israel spends 8.7. Syria spends 5.9. Lebanon, a country 

which I thought had no army, spends 4.8. Jordan, the other considered ally in the region, 20 percent of their GDP on the military, 

and Saudi Arabia, 10 percent. So, of all of these countries in the 

region, Egypt is the lowest, and yet Egypt is a country we count 

on for the training of Iraqi soldiers, and in so many other ways. 

667

I think at this time, particularly considering that the Hyde-Lantos 

amendment in the form of a substitution speaks to the history of 

not being able to make economic reforms work, I call for us to 

strike the portion that would move the funds until or unless we 

can, one, establish that moving those funds will not affect U.S. security, and, two, that the economic funds would actually go to a 

purpose that we have a positive attitude about. With that, I yield 

back. 

Mr. LANTOS. Mr. Chairman. 

Mr. SMITH OF NEW JERSEY. The Chair recognizes Mr. Lantos. 

Mr. LANTOS. Thank you very much, Mr. Chairman. 

I rise in very strong opposition to the Issa amendment. Few 

states in the world inhabit a strategic environment more secure 

than Egypt’s. Egypt shares land borders with three states, Libya, 

Sudan and Israel. And it is at peace with all of them. No nation 

threatens Egypt. No nation covets its territory or opposes its right 

to exist. In recent years, we have provided Egypt a total of $32.7 

billion—that is with a B—$32.7 billion of military aid. 

The only threats to Egyptian society come from within: Crushing 

poverty, a nearly dysfunctional education system, poor health care 

and very limited freedoms. Per capita income in Egypt is less than 

$1,500; 30 percent of adult Egyptians, including more than half of 

adult women in Egypt, cannot read or write. One military backed 

political party has monopolized the party in Egypt for decades, and 

the most limited reforms proposed recently by Mr. Mubarak ensure 

that this situation will continue for the indefinite future. 

Yet the stupefying truth is that the United States aid program 

reinforces this situation. Since Fiscal Year 1999, we have been cutting our economic support funds for Egypt by $40 million every 

year while keeping military aid steady at $1.3 billion. Military aid 

now accounts for more than two-thirds of our total aid package for 

Egypt. We are the enablers of an Egyptian military build-up that 

is simply a horrendous misallocation of priorities and resources, 

both theirs and ours. 

When I raise this issue with my friends in the Egyptian military 

and with the Egyptian Embassy here, they point out that our foreign aid program for Israel is on a similar trajectory. They point 

out that Israel’s economic aid is also declining and soon will end 

entirely while we are increasing Israel’s military aid. 

I find this apples and oranges comparison, frankly, absurd. Israel 

has a thriving economy, more than ten times Egypt’s per capita income, but faces serious enemies on its doorstep and throughout the 

entire region, including one Iran that calls for Israel’s destruction 

on theological grounds and is hell bent on acquiring nuclear weapons. It is totally illogical for Egypt to compare its foreign aid requirements with those of Israel. If one has two children, one obese 

and the other emaciated, I don’t think you would want the doctor 

to prescribe the same medication for both. It is time that we realign our foreign aid priorities with the needs of the Egyptian people and the requirements of Egyptian stability rather than with the 

desires of the Egyptian military. 

By halting the decrease in our economic aid for Egypt, the HydeLantos provision makes a modest start in the right direction and 

points the way toward more meaningful reform in the future. What 

668

the Hyde-Lantos provision would mean would be the cutting next 

year of military aid to Egypt from $1.3 billion to $1.26 billion, a 

$40 million cut. To suggest that that threatens U.S. national security is beyond absurd. 

Let me also say that my colleague’s comments about how helpful 

Egypt has been to us have been enormously exaggerated. They are 

not in Afghanistan, although we have repeatedly asked them to be 

in Afghanistan. Their contribution to training police in Iraq or for 

Iraq has been minimal at best. Symbolic would be the proper word. 

I am convinced that, for the sake of the people of Egypt and 

Egypt’s development toward a more rational open and democratic 

society, this modest provision, shifting $40 million from a military 

aid package of $1.3 billion to economic aid, is extremely modest, 

probably not adequate. My hope is that all of my colleagues will 

support this modest and rational amendment, the beneficiaries of 

which are clearly the Egyptian people. 

Thank you, Mr. Chairman. 

Mr. SMITH OF NEW JERSEY. Thank you. 

The Chair recognizes Congresswoman Ros-Lehtinen, the Chairman of the Middle East Subcommittee. 

Ms. ROS-LEHTINEN. Thank you so much, Mr. Smith, for recognizing me. 

I would like to thank Chairman Hyde and my good friend from 

California, Mr. Lantos, for their work on this underlying text. It 

has been a pleasure for me to have been working with them for a 

number of years on this. I have had the opportunity to talk to a 

great Member of our Middle East Subcommittee, the author of this 

amendment about this issue. 

But I agree with Congressman Lantos when he says that billions 

of dollars of United States aid, taxpayer dollars, have been going 

to Egypt with practically no accountability. Egypt has failed on 

true economic reform. It continues to be a repressive regime. The 

text, the underlying text in the bill as has been discussed, shifts 

military aid to economic aid in the sense of economic reform. It will 

go toward poverty reduction, education, political reform, improving 

the democratic process. Following the model for the millennium 

challenge account, the underlying text requires Egypt to develop its 

own developmental strategy. We are not telling it what to do, but 

to do its own homework and what Egypt can do best to push improvement in its governance, in its economy, in the reduction of 

poverty and the country. And what we already have in the HydeLantos text provides the opportunity for Egypt to assume responsibility of designing this compact proposal for review and for funding 

by the United States. If Egypt will take this proposition seriously 

and develop a thorough compact process that reflects a coherent 

performance-based strategy with significant monitoring and evaluation to make sure that we have progress, then Egypt can finally 

achieve measurable advances in part because they will own their 

developmental activities. 

So if, on the other hand, Egypt cannot or will not design or implement an assistance program in this way, which they would own 

for themselves and which would be based on performance, would 

be based on results, then the Secretary of State would not provide 

Egypt with the assistance funding. We cannot afford to continue 

669

with the status quo, providing large amounts of assistance for very 

little return on the ground, and we should not expect that American tax dollars going to Egypt should not have to provide true results and an actual outcome. So because of the billions of dollars 

in assistance that we are giving to Egypt for 25 years, it is not unreasonable to have an expectation that the aid actually result in 

outcomes in terms of economic growth, poverty reduction, democratic reform and other performance measures that benefit the 

Egyptian people. We want a vibrant Egyptian economy. We want 

a true democratic process. We want the poverty reduction. These 

are all strategies in the national interests of the United States, and 

they are certainly in the interest of the Egyptian people and the 

Egyptian leadership. I do not think that the underlying text is hostile to Egypt in any way. It has been my pleasure to have worked 

with Mr. Issa on so many of our Middle East concerns, and we all 

want what is best for the people of that region. I think accountability for U.S. taxpayer dollars is at stake. So thank you. I will 

be glad to yield if I have the time. 

Mr. ISSA. And I thank the gentlelady. 

I couldn’t be more in agreement with the portion of the bill that 

talks about bringing accountability, and I am pleased that you are 

talking in terms of bringing accountability. 

There are two issues at stake here today. One is the accountability. The other is $40 million growing to $80 million, growing to 

$120 million, because this increases over time. If we make the case 

that we haven’t been able to figure out how to get the Egyptians 

to pursue their economic aid wisely, and no one here today has 

made a case that they are not using their military, their 3.6 percent is relatively small by Middle Eastern standards, wisely, then 

we have that problem. Just for the record, the Minister of Defense 

of Egypt has made an unconditional—he did it when he was here 

before our Committee—offer to do all training, at no cost or only 

at what reimbursement the United States would determine is reasonable, of Iraqis. They have made an unconditional willingness to 

do that. That is something that they have had on the table. It happens that, because of the nature of our military, there has been a 

reticence by the military to send troops outside of Iraq for training. 

Ms. ROS-LEHTINEN. I understand. But if the Chairman would 

give me just an additional minute. We would further like some assurances from the Egyptian military and the leadership that they 

are going to do away with the Gaza tunnels that have still been 

used as a shipment point to get guns and other armaments to folks 

to use against the innocent Israeli citizens, and also an elimination 

or at the very least a reduction in the anti-Semitic, anti-Israel 

propaganda in the newspapers as well as in the textbooks that are 

used by the school children in Egypt. Those are assurances that 

they can give us as well. 

Mr. SMITH OF NEW JERSEY. The Chair recognizes Ms. Berkley. 

Ms. BERKLEY. Thank you, Mr. Chairman. There are times that 

I think I’m living in a parallel universe with my good friend, Mr. 

Issa, and this is one of those times. If it were up to me, we would 

not be giving any military aid to the Egyptians. While my very 

dear friend, Mr. Lantos, mentioned most of the things I had 

planned to, I would like to reiterate them for the record. 

670

Again, the Egyptians have no enemies in the region. The only potential enemies they have would be the State of Israel, where they 

have a rather cold peace right now, and their own people. Now, to 

equate Egypt and Israel and suggest that they are equal allies of 

ours in the fight against terrorism, or in anything else, I think is 

laughable. 

Israel’s unwavering support for the United States is legendary. 

Egypt is a fair-weather friend at the very best. Israel is the only 

democracy in a very dangerous part of the world. While the Egyptians continue to pay lip service to the fact that they are moving 

toward democracy, I think it is not going to be seen in my lifetime 

certainly, nor my children’s. 

When we talk about the difference between the needs, military 

needs of Israel and Egypt, we are talking two different things: 

Israel is surrounded by a sea of enemies, countries that refuse to 

recognize its very right to exist; that if they had the opportunity 

and if it wasn’t for the protection of the United States of America, 

they would attack in a moment. 

When we met with Mr. Mubarak, President Mubarak, who I believe is probably one of the most arrogant world leaders I have ever 

met, when Members of Congress spoke to him about the anti-Semitic and anti-Western press that is pervasive in Egypt, he dismissed our concerns with the greatest of disdain, which I thought 

was incredibly insulting given the fact it is our foreign aid that is 

propping him up. 

While again they pay lip service to this, I don’t understand what 

type of ally, when it comes to terrorism, that Mr. Issa thinks that 

the Egyptians are. They are not in Afghanistan. They promised to 

help train Iraqi soldiers, yet we have to airlift the Iraqi soldiers to 

Egyptian soil, so that means it is a nonoffer. They did the same 

thing with the Palestinians. 

The Israelis are unilaterally disengaging from the Gaza. The 

Egyptians supposedly were going to step up to the plate and help 

train the Palestinian force to take over once the Israelis leave. 

They have yet to train a single Palestinian security person. The 

reason for it is that they do not want to. 

As far as the Gaza tunnels are concerned, Ms. Ros-Lehtinen already spoke of the fact that they have also paid lip service to eliminating them, but they have done nothing with that as well. 

The problem in Egypt is not want of a strong military. As far as 

I’m concerned, the only reason they would use it is to keep their 

own people in line. The problems are crushing poverty, lack of education, lack of any economic opportunity, and lack of health care. 

Those are the issues that are crushing and hurting the Egyptian 

people. What we should be doing is taking that military money 

that the Egyptians clearly do not need and pouring it, pouring it 

into that nation so that we can lift up their people economically so 

that they can see a brighter future, and maybe we would be creating less terrorists instead of creating more of them. 

I yield back whatever balance of time I have. 

Mr. SMITH OF NEW JERSEY. Ms. Lee. 

Ms. LEE. Thank you very much, Mr. Chairman. I move to strike 

the last word, and I would like to speak to Congressman Issa’s 

amendment. 

671

A couple of months ago—and as I listen to this debate, I wonder 

what world we all live in—I had the opportunity to visit Egypt 

with Members of the Congressional Black Caucus. We met with, of 

course, President Mubarak, the head of intelligence, the head of defense, and had an opportunity to talk to many, many people. We 

actually spent 5 days, probably the longest that most congressional 

delegations have spent in Egypt. And I am convinced more than 

ever, and I know my colleagues disagree with me on this, and I 

want to say to our Ranking Member that I respect his knowledge 

and expertise of the region, but I just must respectfully disagree, 

that Egypt is a strong ally in the region. 

This cutting military assistance to Egypt at this point right now 

sends the wrong message at the wrong time, and I think it is very 

irresponsible and it totally ignores the reality of the region. I agree 

with the gentleman from California, Mr. Issa. The Pentagon and 

the State Department argued that this is harmful to U.S. interests 

in the region and the U.S. forces’ ability to fight terrorism. After 

visiting and seeing what is taking place in the region, I am convinced that Egypt is a strong ally of the United States in fighting 

the war against terror. 

Many argue that transferring funding for Egypt is appropriate 

because Egypt should concentrate on the economic challenges and 

Egypt has no regional military threats. However, these arguments, 

I believe, are shortsighted. While I agree that much more can be 

done to alleviate poverty in Egypt and throughout the world, just 

as more can be done in our own country in the United States, we 

have to understand the realities of the world and the fact that we 

need friends. We need allies in the Arab world. 

We also need to understand that Egypt is working very hard in 

seeking peace throughout Africa as well as in the Middle East. 

Egypt’s efforts to revitalize the Middle East process I believe are 

very clear and have been very forthright. Israelis and Palestinians 

agreed during the Sharm al-Sheikh Summit hosted by President 

Mubarak to restart negotiations, to coordinate on security issues 

and commit to a ceasefire. President Mubarak is playing a very 

vital role in the region, whether you agree or disagree with the domestic issues with which he is addressing and dealing with. 

So I believe that Mr. Issa’s amendment is perfectly appropriate 

given the realities of the world and the fact that this is a defining 

moment in the Middle East. And for the life of me, if we can’t halfway rely on Egypt in the region, who will we rely on? 

So I say to Mr. Issa, I hope that you get the votes for your 

amendment. I fully support it, and I would like to thank you for 

offering it. 

Mr. SCHIFF. Mr. Chairman. 

Mr. SMITH OF NEW JERSEY. Mr. Wexler, and then I will go to Mr. 

Schiff. 

Mr. WEXLER. Thank you, Mr. Chairman. I move to strike the last 

word, and with great trepidation I would like to speak in support 

of Mr. Issa’s amendment. Trepidation because there is no one in 

the world I have more respect for than Mr. Lantos, and I think his 

championing of political reform and enhanced freedom in Egypt is 

unprecedented and he enjoys extraordinary credibility in that respect. 

672

I find myself in almost total agreement with all of the criticisms 

that Mr. Lantos, Ms. Ros-Lehtinen, and Ms. Berkley have offered 

with respect to the performance of Egypt at different junctures on 

different issues. But in fairness, if we are going to offer those criticisms, and I share the same zeal as they do in those criticisms, we 

must also offer the totality of the relationship and the behavior of 

Egypt. 

If we are going to talk about Egypt’s role, it is not fair not to talk 

about the fact that President Mubarak supported entirely the 

American-French effort with respect to removing Syria from Lebanon and the resolution which calls for the disarmament of 

Hezbollah. To say that Egypt was not America’s ally in that pursuit, with all due respect, I don’t think presents a fair and complete 

picture. 

With respect to the Israeli-Palestinian conflict, there is much to 

criticize Egypt about, but it is in my view unfair not at the same 

time to also point out who it is that today is negotiating with 

Hamas about what Hamas’ role will be with a delayed Palestinian 

election. Now, would I like to see the Egyptians demand that 

Hamas disarm? You bet I would. But it is Hamas that is negotiating with Egypt. Egypt, on behalf of what would be the joint interests of the United States, Egypt and Israel to keep that ceasefire 

in place while those Palestinian elections are being delayed. 

When this issue was presented a year ago, many of us, including 

me, chided Egypt for not having their Ambassador back in Israel. 

They have since put their Ambassador back in Israel. Now, Egypt 

shouldn’t be rewarded for doing that because they were obligated 

to do that under the peace agreements. But they shouldn’t be penalized for doing it either. 

The Prime Minister of Egypt was here, I think a couple of weeks 

ago. Many of the Members of this Committee got to meet with him. 

If you want to talk about political reform in Egypt and criticize 

him, that is very justified, but when you talk about economic reform, Egypt’s record is pretty darned good over the last year. They 

have dropped their tax rates, they have made their economy more 

transparent, and they entered into qualified industrial zones using 

the American laws which enhances their relationship with Israel 

and promotes peace. 

You talk very appropriately so about the smuggling of arms over 

the Gaza border. You bet there has been smuggling, and it is dead 

wrong, and Egypt has engaged in a process of offering 750 security 

officers on that border and they are working with the Israelis and 

hopefully the two, the Israelis and the Egyptians, will come up 

with a resolution which promotes peace and which minimizes the 

smuggling of those arms. 

The question before this Subcommittee, I would respectfully suggest, is whether or not the language of this bill promotes the goals 

of political and economic reform or takes away from them. I would 

respectfully suggest that we will probably wind up doing more 

harm than good. 

Is anti-Semitism too high in Egypt? Of course it is, way too high. 

And is the political reform too slow? Of course it is. 

With respect to the training of Iraqi soldiers, yes, Mr. Chabot 

and I were in Cairo together, and we questioned both the EgypVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00678 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL
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tians and our American representatives in Cairo about this, and 

there is a discrepancy here. The discrepancy is that the Egyptians 

say they offered and continue to offer in a very significant way the 

ability to train Iraqis using Egyptian resources, but that the 

United States has not been particularly receptive and taken them 

up on the offer. 

Now I’m not judging the question and I’m not criticizing our own 

military for making a decision, if they have, to not use that offer, 

but we can’t have it both ways. We can’t criticize the Egyptians for 

not making the offer when they apparently have made the offer if 

we for our own American interests decided not to take them up on 

it. 

I think it is important at this very critical juncture, the Israelis 

are about to disengage from Gaza, who, other than the Israelis and 

the Palestinians, are more important than the Egyptians to make 

sure this is a success? 

Mr. Lantos spoke very eloquently about the need for economic assistance. With all due respect to Mr. Lantos, he spoke only about 

the portion of the bill that it is my understanding he is most associated with. There are other portions of this bill which actually 

would subject Egypt to losing all their economic aid if they do not 

meet certain standards. Not their military aid but their economic 

aid, entirely, if they do not meet certain standards. 

So with all due respect, we can’t argue on the one hand what we 

ought to be doing is empowering the Egyptian people and increasing education and increasing economic development, and then on 

the other hand have language in this bill that we will be voting on 

that subjects Egypt to losing in its entirety all the economic assistance from the United States. 

I worry about talking in favor of this bill. I hope people on this 

Committee understand that this is not something that I would ordinarily do. But for those of us that care so deeply about the process of peace, I think we have an obligation to analyze all sides of 

this equation. We can minimize, if we will, Egypt’s participation 

with the American invasion in Iraq, but it was through the Suez 

Canal that tens of thousands of our troops went through. Who is 

protecting the Suez Canal? The Egyptians. 

You can minimize it, but the fact is the fact. The Egyptians protect the Suez Canal and that is where our troops went through. 

Mr. SMITH OF NEW JERSEY. The time of the gentleman has expired. 

Mr. WEXLER. Thank you. 

Mr. SMITH OF NEW JERSEY. Thank you. Anyone else wish to be 

heard on the Issa amendment? Mr. Schiff is recognized. 

Mr. SCHIFF. Thank you, Mr. Chairman, I move to strike the last 

word. 

Mr. Chairman, I would like to speak today in opposition to the 

Issa amendment and support of the language drafted by Mr. Lantos and Mr. Hyde in the base bill. I think when we look at the 

course of really the last several years there have been times where 

Egypt has been a tremendous ally and a very important partner in 

the Mideast peace process. There have been other times when 

Egypt seems to have disengaged from the peace process, has withVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00679 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL
674

drawn its Ambassador, has not played the kind of role that we 

have come to hope for and expect from an ally like Egypt. 

The same is true with respect to Egypt’s halting steps toward 

democratic reform. It has been characterized sometimes as one step 

forward, two steps back; sometimes two steps forward and only one 

step back. Most recently we saw, I think much to our dismay, the 

arrest of Iman Nour, one of the leading reformers in Egypt, but 

then his subsequent release; then subsequent to his release the filing of criminal charges against Mr. Nour. 

Similarly, we have seen President Mubarak call for contested 

Presidential elections in a step forward, and then the Egyptian 

Parliament draft restrictive rules controlling those elections to prevent certain legitimate candidates from running for President, in a 

step backward. 

Other times, I think some of the most encouraging signs we have 

seen have come from not the opposition and not the presidency but 

rather other institutions within Egypt. I think one of the most 

hopeful signs within Egypt was the fact that 1,500 or more judges 

in Egypt got together to petition the government to say we will not 

simply rubber stamp an election. We want real independence. We 

want the authority to review critically whether elections are 

plagued with fraud or whether they are legitimate. The fact that 

so many judges within the Egyptian society, institutions, have 

stepped forward, I think is a courageous decision and represents in 

that respect a step forward. 

I do think that the United States, much as Egypt is an ally, as 

a good ally we must continue to keep the pressure on Egypt to reform more, to progress more along the democratic path. The most 

populaced of Arab nations, Egypt should be a leader in reform in 

the Middle East, not overtaken by reform in other countries, and 

I think it is incumbent upon us to continue to push and to prod 

that kind of positive change in Egypt. 

I think the modest changes in military to economic aid that are 

represented in the base bill will facilitate those internal reforms 

and democratic processes without jeopardizing a country which 

faces no real military threat in the region. If anything, the threat 

to the Egyptian Government comes from within Egypt, not from 

without. 

So I want to add my voice of support for the work Mr. Lantos 

has done on this in the base bill, reluctantly disagree with my 

other colleague from California, and yield back the balance of my 

time. 

Mr. SMITH OF NEW JERSEY. I understand Mr. Crowley wants to 

be heard. 

Mr. CROWLEY. Thank you, Mr. Chairman. I want to take a moment to speak in opposition to Mr. Issa’s amendment as well. The 

Committee should not weaken this text by changing the way we 

will give economic support, funds, and military assistance to Egypt. 

The United States has been steadily cutting ESF aid to Egypt 

while military assistance remains constant. Egypt is at peace, as 

has been stated by my colleague from Nevada, with all of its neighbors, and I see no external threats against them that warrant the 

need for keeping military assistance constant. 

675

The real threat to Egypt is from within. The limited amount of 

freedom that exists for its people as well as the level of poverty increases I believe is a dangerous mix. The United States must do 

more to help end this dangerous mix before the problem creates 

even more instability. 

Egypt has been a strong friend and ally and has done much to 

help bring about a peaceful solution to the Israeli-Palestinian conflict, but we cannot allow that to cloud our judgment. We must do 

what we think is in the best interest of the people of Egypt, and 

that is increase ESF and not the military spending. 

I thank the Chairman for the time, and I yield back. 

Mr. SMITH OF NEW JERSEY. Mr. Delahunt. 

Mr. DELAHUNT. Yes, I thank the Chairman. I just approached 

the Chairman of the Committee on the Western Hemisphere, Mr. 

Burton, who is attending to another meeting right now, and I said 

I find this a bit fascinating and interesting. We are talking about 

$1.2 or $1.3 billion worth of military assistance to a single nation 

in the Middle East, the nation of Egypt, and yet when it comes to 

the entire hemisphere, Central America, South America and the 

Caribbean, we cannot find much more than approximately $1 billion for our entire economic assistance in our own neighborhood. I 

just find that profoundly disturbing. 

I support the Lantos amendment because I would hope that it is 

the beginning of a long process of demilitarization of the Middle 

East. I don’t think the Lantos amendment goes far enough. I guess 

the message that we are sending out is that if you are an ally, 

whatever that really means, if you are an ally of ours we will do 

something if it meets very crass short-term interests. 

We speak of democratizing the Middle East, bringing democracy 

to the dark corners of the Middle East, where it doesn’t exist now. 

But our actions are entirely different. No, what we will do is if you 

are a single party state, where political rights are severely limited, 

where freedom of the press is restricted, and that is being kind, 

and where the practice of religion other than Islam is also severely 

restricted, that is okay. 

I am not aware of the restrictions that the Lantos amendment 

does in terms of economic aid. I think we ought to be sending more 

economic aid to Egypt and other nations in the Middle East to advance the cause of peace. What I see and what I am hearing is a 

level of hypocrisy, to be perfectly candid. 

Uzbekistan, another great symbol of democracy, receives $300 

million or $400 million of assistance from the United States. This 

is probably the most repressive regime in the globe right now, yet 

we are sending them assistance. One only has to go to the State 

Department’s Human Rights Reports. In there there is an allusion 

to an allegation surrounding the government there, really the dictatorship there in the form of Islam Karimov boiling victims of his 

regime in oil. And we are sending them money and we are preaching about democracy? It just doesn’t compute. 

Yet we cannot find the money for Latin America and Central 

America and in this hemisphere. We have the gall to be critical of 

governments in Latin America that are lightyears ahead of many 

of these states in the Middle East in terms of democratic rights, 

freedoms of press, political rights, treatment of women and freedom 

676

to express oneself both in synagogues, churches, temples, whatever. 

We can’t find a billion dollars, and we’re arguing over $40 million? 

There are countries in Latin America, there are programs that 

exist in Latin America that could use that $40 million. 

With that, I will yield back. 

Mr. SMITH OF NEW JERSEY. Anybody else like to be heard? 

If not, the question occurs on the amendment by Mr. Issa of California. All those in favor say aye. All those opposed say no. 

In the opinion of the Chair, the noes have it. 

Mr. LANTOS. Mr. Chairman, on that I request a recorded vote. 

Mr. SMITH OF NEW JERSEY. The recorded vote will occur. Further 

proceedings will be postponed on this amendment until—now this 

is our most likely scenario—15 minutes after the last vote in the 

next series of votes. So everybody will be notified, but it will most 

likely occur then. 

On behalf of Chairman Hyde and Mr. Flake, I offer two amendments and ask unanimous consent that they be considered en bloc 

as read and adopted. 

Without objection, so ordered. 

[The en block amendments referred to follow:]

677

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. HYDE OF ILLINOIS

(Page and line numbers refer to the Amendment in the

Nature of a Substitute)

Page 107, after line 23, insert the following new section (and conform the table contents accordingly):

1 SEC. ll. AUTHORIZATION FOR ADDITIONAL LICENSE AND

2 COMPLIANCE OFFICERS.

3 (a) FUNDING.—Of the amounts authorized to be ap4 propriated under section 101 of this Act, up to

5 $13,000,000 shall be available for each of the fiscal years

6 2006 and 2007 for salaries and expenses related to the

7 assignment of additional full time license and compliance

8 officers in the Directorate of Defense Trade Controls of

9 the Department of State.

10 (b) NOTIFICATION.—None of the funds authorized

11 under subsection (a) may be made available until 15 days

12 after the date on which the Secretary of State submits

13 a written report to the congressional committees specified

14 in section 634A(a) of the Foreign Assistance Act of 1961

15 (22 U.S.C.2394–1(a)) in accordance with the procedures

16 applicable to reprogramming notifications under such sec17 tion, which sets forth the plans and timetable of the DeVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00683 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 partment of State for measurable improvements in the

2 quality and timeliness of the service it provides in support

3 of United States Armed Forces abroad and routine ex4 ports by United States business organizations, as well as

5 for the elaboration of enhanced compliance measures ap6 propriate to the heightened security environment for arms

7 exports during the Global War on Terrorism.


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1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. FLAKE OF ARIZONA

(Amendatory Instructions Refer to the Amendment in the

Nature of a Substitute)

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. ACTIVITIES RELATED TO CUBA.

2 (a) ACTIVITIES.—Of the funds made available for fis3 cal year 2006 for the Bureau of Educational and Cultural

4 Affairs of the Department of State, $5,000,000 shall be

5 used for activities related to Cuba under—

6 (1) the J. William Fulbright Educational Ex7 change Program;

8 (2) the Hubert Humphrey Fellowship Program;

9 (3) the International Visitors Program;

10 (4) the Benjamin A. Gilman International

11 Scholarship Program;

12 (5) the EducationUSA Program; and

13 (6) professional, cultural, and youth programs

14 operated by the Office of Citizen Exchanges of the

15 Bureau.


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H.L.C.

1 (b) PRIORITY.—The Secretary of State shall give pri2 ority to human rights dissidents, pro-democracy activists,

3 and independent civil society members for participation in

4 the activities described in subsection (a).

5 (c) CONGRESSIONAL NOTIFICATION.—Not later than

6 90 days after the date of the enactment of this Act, the

7 Secretary shall notify the appropriate congressional com8 mittees on efforts to identify eligible participants for ac9 tivities described in subsection (a). Not later than 15 days

10 prior to a final determination of eligible participants for

11 activities described in subsection (a), the Secretary shall

12 notify the appropriate congressional committees of such

13 determination and provide a list that contains the names

14 of such eligible participants.


21698ar.AAC
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Mr. SMITH OF NEW JERSEY. The Chair recognizes Mr. Delahunt. 

Mr. DELAHUNT. Yes, thank you, Mr. Chairman. 

As you can see to my right, the chart has appeared. It is there. 

Mr. SMITH OF NEW JERSEY. Does the gentleman have an amendment? 

Mr. DELAHUNT. Yes, I have an amendment at the desk. 

Mr. SMITH OF NEW JERSEY. The clerk will designate the 

Delahunt amendment. 

Ms. RUSH. Amendment to the amendment in the nature of a substitute offered by Mr. Delahunt——

Mr. SMITH OF NEW JERSEY. Without objection, the amendment 

will be considered as read, and the gentleman from Massachusetts 

is recognized for 5 minutes. 

[The amendment referred to follows:]


21698s.eps
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21698t.eps
683

Mr. DELAHUNT. Thank you, Mr. Chairman. I will only take 30 

seconds. The amendment has been modified. In fact, I think it has 

been improved by suggestions from the Chairman of the Committee 

on Oversight and Investigations, Mr. Rohrabacher. I think it is a 

good amendment. I am confident that Mr. Rohrabacher, I see him 

here, will support it, and I would ask it be accepted. 

Mr. SMITH OF NEW JERSEY. Anyone else like to be heard? Mr. 

Rohrabacher? 

Mr. ROHRABACHER. I would just like to state for the record that 

I am supporting this amendment. I appreciate that Mr. Delahunt 

has worked with me on the language so that it is acceptable to both 

sides of the aisle, and I think that he is asking questions that deserve to be answered. We are watching out for the interest of the 

taxpayers and putting people on notice that we want accountability 

for what has been going on, and I am supportive of this amendment. 

Mr. SMITH OF NEW JERSEY. I too want to thank Mr. Delahunt for 

suspending earlier and for a superb amendment, but also for working with this side of the aisle to work on some language. I do appreciate that. 

The question now occurs on the amendment. All those in favor 

say aye. Opposed say no. 

The ayes have it and the amendment is agreed to. 

Are there any other amendments? The gentleman from Iowa, 

Chairman Leach, is recognized. 

Mr. LEACH. Mr. Chairman, I have an amendment at the desk, 

and I’ll try to be as brief as I can. 

Mr. SMITH OF NEW JERSEY. The clerk will designate the amendment. 

Ms. RUSH. Amendment offered by Mr. Leach. Insert at the appropriate place the following:——

Mr. LEACH. Mr. Chairman, I ask unanimous consent that the 

amendment be considered as read. 

Mr. SMITH OF NEW JERSEY. Without objection. 

[The amendment referred to follows:]

684

1

H.L.C.

AMENDMENT TO H.R. lll

OFFERED BY MR. LEACH OF IOWA

Insert in the appropriate place the following:

1 SECTION lll. INTERPARLIAMENTARY UNION .

2 (a) FINDINGS.—The Congress makes the following

3 findings:

4 (1) The Interparliamentary Union (in this sec5 tion referred to as the ‘‘IPU’’) is an international

6 organization of Parliaments of sovereign States es7 tablished in 1889.

8 (2) The IPU is the focal point for world-wide

9 parliamentary dialogue and works for peace and co10 operation among peoples and for the firm establish11 ment of representative democracy.

12 (3) The United States Congress was a founding

13 member of the IPU and participated actively in the

14 Union, regularly sending high-level delegations to

15 IPU meetings and hosting two of its conferences.

16 Following the end of the Cold War, however, the

17 United States Congress suspended its participation.

18 (4) The IPU has taken significant reorganiza19 tion and reform over the last decade, which has led

20 to stronger ties with the leadership of its 141 MemVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00690 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 ber Parliaments, the development of a broader range

2 of activities in support of democratic institutions

3 world wide, and a greater role in international co4 operation.

5 (5) A core area of activity for the IPU is the

6 defense and promotion of representative democracy,

7 particularly in countries in transition or those

8 emerging from conflict, which has including assisting

9 new parliaments in Afghanistan, Burundi, Cam10 bodia, Haiti, Kosovo, Rwanda and Timor-Leste, and

11 it is now helping in the establishment of the Transi12 tional National Assembly of Iraq.

13 (6) The IPU also is also committed to advanc14 ing human rights and international humanitarian

15 law through monitoring hundreds of cases of human

16 rights violations committed against freely elected

17 parliamentarians in many parts of the world, pro18 moting conditions that allow democratic opposition

19 leaders to express themselves freely and conduct

20 their work safely, and working closely with the Inter21 national Committee of the Red Cross to support the

22 effective implementation of the Geneva Conventions

23 and their Additional Protocols.

24 (7) The IPU strongly supports the participation

25 of women in politics and is widely acknowledged as


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3

H.L.C.

1 being among the most effective and innovative in the

2 field, including through serving as the global focal

3 point for statistical and factual data on women’s

4 representation in government and elected office.

5 (8) The IPU is also active in other areas of on6 going interest to the United States, including inter7 national peace and security, sustainable develop8 ment, as well as education, science and culture.

9 (9) The IPU works closely with many United

10 States institutions in the promotion of democracy

11 and human rights, including the United States

12 Agency for International Development, the United

13 States Institute for Peace, the National Democratic

14 Institute, the International Republican Institute, the

15 International Foundation for Election Systems, and

16 the Ford Foundation.

17 (10) The renewal of United States congres18 sional membership in the IPU is in the national in19 terest of the United States and would strengthen

20 American efforts to promote representative democ21 racy and human rights, assist in the advancement of

22 women in global politics, foster greater dialogue on

23 issues from international peace and security to sus24 tainable development, and lead to greater inter25 change in the areas of education and culture.


21698as.AAD
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4

H.L.C.

1 (b) FUNDING.—

2 (1) AUTHORIZATION OF APPROPRIATIONS.—

3 There is authorized to be appropriated for each fis4 cal year for the annual contribution of the United

5 States toward the maintenance of the Inter6 parliamentary Union, an amount equal to 15 percent

7 of the budget of the Interparliamentary Union for

8 the year with respect to which such contribution is

9 to be made, if the American delegation to the Inter10 parliamentary Union appointed under subsection (c)

11 has approved such budget.

12 (2) FISCAL YEARS 2006 AND 2997.—Of the

13 amounts made available pursuant to section 102,

14 there shall be made available for the annual con15 tribution of the United States under paragraph (1)

16 for each of the fiscal years 2006 and 2007 an

17 amount equal to 15 percent of the budget of the

18 Interparliamentary Union for the year with respect

19 to which such contribution is to be made, if the

20 American delegation to the Interparliamentary

21 Union appointed under subsection (c) has approved

22 such budget.

23 (c) DELEGATIONS.—

24 (1) HOUSE.—The Speaker of the House of

25 Representatives, in consultation with the minority


21698as.AAE
688

5

H.L.C.

1 leader of the House, shall appoint such delegates

2 from the House of Representatives to each con3 ference of the Interparliamentary Union as the

4 Speaker considers appropriate. The Speaker shall

5 designate the Chairman and Vice Chairman of the

6 House delegation for each such conference.

7 (2) SENATE.—The majority leader of the Sen8 ate, in consultation with the minority leader of the

9 Senate, shall appoint such delegates from the Senate

10 to each conference of the Interparliamentary Union

11 as the majority leader considers appropriate. The

12 majority leader shall designate the Chairman and

13 Vice Chairman of the Senate delegation for each

14 such conference.

15 (d) ADMINISTRATIVE MATTERS.—The Speaker of the

16 House of Representatives and the majority leader of the

17 Senate shall provide for such administrative services, and

18 shall develop such procedures, for the American delegation

19 to the Interparliamentary Union appointed under sub20 section (c) as the Speaker and the majority leader consider

21 appropriate.


21698as.AAF
689

Mr. LEACH. Mr. Chairman, what this amendment does is it authorizes on a permissive basis the Congress of the United States 

to rejoin the International Parliamentary Union. The IPU was established in 1889 as an association of individual parliamentarians 

and is the world’s first permanent multilateral political forum. 

Over time, the IPU transformed itself into the International Organization of Parliaments of Sovereign States. The United States was 

one of the original participants in IPU activities begun in 1889, 

and the United States formally joined in 1935 when the House and 

Senate enacted statutory authority. 

The IPU currently has 138 members, five regional organizations, 

or associate members. Some are imperfect democracies, including 

North Korea, and this makes it less than a perfectly democratic organization, although it is a parliamentary organization. On the 

other hand, we are a member of a lot of organizations that are imperfectly democratic. 

While Congress formally joined it in 1935, we terminated our 

membership as of 1999 through legislation passed in 1998. So presumably if we are to rejoin it would require new legislation so to 

do. I personally think it is a thoughtful thing for our Congress to 

be part of, recognizing that some IPU members are definitively 

skeptical of some United States’ policies. But just as I believe that 

in an Executive Branch empty chair diplomacy rarely works, I believe it legislatively as well, and I think the United States would 

be well advised to take advantage of this opportunity to rejoin the 

IPU. 

Mr. SMITH OF NEW JERSEY. Mr. Faleomavaega. 

Mr. FALEOMAVAEGA. Mr. Chairman, I want to offer my commendation to the gentleman from Iowa, Chairman Leach, for offering this amendment and my absolute support for its provisions. 

The International Parliamentary Union is the largest parliamentary union composed of some 130 nations. Parliamentarians from 

these 130 nations get to participate on issues that relate not only 

to their respective countries but as a matter of education and having a better sense of appreciation and understanding of relationships existing among those countries and getting to know and to 

meet with the parliamentarians from those countries. 

I attended a couple of the IPU meetings, and I say it was embarrassing, embarrassing in the fact that our country was never represented. Of course one of the things over the years is it has been 

very difficult for us participating in the Union’s activities because 

they hold the conferences just at the time we are holding sessions. 

I think we tried several years in trying to appeal to the organization and the administrators of the IPU that it is very difficult for 

Members to attend this conference simply because it does meet at 

a time that we are meeting here and having our own sessions here 

in the Congress. 

I am told by representatives of the IPU that they are going to 

definitely try to make every effort to see that there is some accommodation involved here. 

Sometimes it has been critical, and I think it is an opportunity 

for Members of this body to participate and to get to know parliamentarians from other countries as a way hopefully to resolve some 

690

of the serious issues and problems affecting not only the United 

Nations but certainly in our own country. 

For that, Mr. Chairman, I strongly urge my colleagues to support 

the gentleman’s resolution, or the proposed amendment. Thank 

you. 

Mr. SMITH OF NEW JERSEY. Any other Members? 

The question occurs on the amendment offered by Chairman 

Leach. Those in favor say aye. Those opposed say no. 

In the opinion of the Chair, the noes have it. 

Mr. LEACH. Excuse me. Did you say the noes have it? 

Mr. SMITH OF NEW JERSEY. The noes. 

Mr. LEACH. Then I would ask for a vote. 

Mr. SMITH OF NEW JERSEY. Okay. Further proceedings on this 

amendment will be postponed and we will have a recorded vote. 

I just would advise the Members that we have five votes on the 

Floor. We would like to return and continue the markup. So in consultation with Mr. Lantos, we thought 10 minutes after the last 

vote we will reconvene and hopefully get through tonight. 

Ten minutes after the last vote. The Committee stands in recess. 

[Recess.] 

Mr. SMITH OF NEW JERSEY. The Committee will resume. When 

the Committee recessed there were five amendments upon which 

recorded votes were ordered and further proceedings were postponed. These amendments are as follows and votes will be taken 

in this order. If I could have your attention. 

The first vote will be on the Leach amendment relating to renewal of United States congressional membership in the IPU, or 

the Inter-Parliamentary Union. 

Then we will vote on the Ackerman amendment relating to the 

Pakistan Proliferation Accountability Act. 

The third vote will be on the Lee amendment relating to a plan 

for the withdrawal of the United States Armed Forces from Iraq. 

The fourth will be on the Lee amendment relating to a statement 

of policy on the United States not to enter into a permanent base 

agreement with Iraq. 

The final amendment, number 5, will be on the Darrell Issa 

amendment striking Section 811 of the bill concerning requirements relating to economic support assistance for Egypt. 

So, if the clerk could call the roll on the Leach amendment, we 

will proceed to each of the amendments. 

Ms. RUSH. Mr. Leach. 

[No response.] 

Ms. RUSH. Mr. Smith of New Jersey. 

Mr. SMITH OF NEW JERSEY. No. 

Ms. RUSH. Mr. Smith of New Jersey votes no. 

Mr. Burton. 

[No response.] 

Ms. RUSH. Mr. Gallegly. 

Mr. GALLEGLY. No. 

Ms. RUSH. Mr. Gallegly votes no. 

Ms. Ros-Lehtinen. 

Ms. ROS-LEHTINEN. No. 

Ms. RUSH. Ms. Ros-Lehtinen votes no. 

Mr. Rohrabacher. 

691

Mr. ROHRABACHER. No. 

Ms. RUSH. Mr. Rohrabacher votes no. 

Mr. Royce. 

Mr. ROYCE. No. 

Ms. RUSH. Mr. Royce votes no. 

Mr. King. 

Mr. KING. No. 

Ms. RUSH. Mr. King votes no. 

Mr. Chabot. 

Mr. CHABOT. No. 

Ms. RUSH. Mr. Chabot votes no. 

Mr. Tancredo. 

[No response.] 

Ms. RUSH. Mr. Paul. 

Mr. PAUL. No. 

Ms. RUSH. Mr. Paul votes no. 

Mr. Issa. 

[No response.] 

Ms. RUSH. Mr. Flake. 

[No response.] 

Ms. RUSH. Mrs. Davis. 

Mrs. DAVIS. No. 

Ms. RUSH. Mrs. Davis votes no. 

Mr. Green. 

Mr. GREEN. No. 

Ms. RUSH. Mr. Green votes no. 

Mr. Weller. 

Mr. WELLER. Aye. 

Ms. RUSH. Mr. Weller votes aye. 

Mr. Pence. 

Mr. PENCE. No. 

Ms. RUSH. Mr. Pence votes no. 

Mr. McCotter. 

Mr. MCCOTTER. No. 

Ms. RUSH. Mr. McCotter votes no. 

Ms. Harris. 

Ms. HARRIS. No. 

Ms. RUSH. Ms. Harris votes no. 

Mr. Wilson. 

[No response.] 

Ms. RUSH. Mr. Boozman. 

Mr. BOOZMAN. No. 

Ms. RUSH. Mr. Boozman votes no. 

Mr. Barrett. 

Mr. BARRETT. No. 

Ms. RUSH. Mr. Barrett votes no. 

Mr. MACK.

Mr. MACK. No. 

Ms. RUSH. Mr. Mack votes no. 

Mr. Fortenberry. 

[No response.] 

Ms. RUSH. Mr. McCaul.

Mr. MCCAUL. No. 

Ms. RUSH. Mr. McCaul votes no. 

692

Mr. Poe. 

Mr. POE. No. 

Ms. RUSH. Mr. Poe votes no. 

Mr. Lantos. 

Mr. LANTOS. Aye. 

Ms. RUSH. Mr. Lantos votes aye. 

Mr. Berman. 

[No response.] 

Ms. RUSH. Mr. Ackerman. 

Mr. ACKERMAN. Aye. 

Ms. RUSH. Mr. Ackerman votes aye. 

Mr. Faleomavaega. 

Mr. FALEOMAVAEGA. Aye. 

Ms. RUSH. Mr. Faleomavaega votes aye. 

Mr. Payne. 

Mr. PAYNE. Aye. 

Ms. RUSH. Mr. Payne votes aye. 

Mr. Menendez. 

[No response.] 

Ms. RUSH. Mr. Brown. 

[No response.] 

Ms. RUSH. Mr. Sherman. 

Mr. SHERMAN. Aye. 

Ms. RUSH. Mr. Sherman votes aye. 

Mr. Wexler. 

[No response.] 

Ms. RUSH. Mr. Engel. 

[No response.] 

Ms. RUSH. Mr. Delahunt. 

Mr. DELAHUNT. Aye. 

Ms. RUSH. Mr. Delahunt votes aye. 

Mr. Meeks. 

[No response.] 

Ms. RUSH. Ms. Lee. 

Ms. LEE. Aye. 

Ms. RUSH. Ms. Lee votes aye. 

Mr. Crowley. 

Mr. CROWLEY. Aye. 

Ms. RUSH. Mr. Crowley votes aye. 

Mr. Blumenauer. 

Mr. BLUMENAUER. Aye. 

Ms. RUSH. Mr. Blumenauer votes aye. 

Ms. Berkley. 

Ms. BERKLEY. Aye. 

Ms. RUSH. Ms. Berkley votes aye. 

Mrs. Napolitano. 

Mrs. NAPOLITANO. Aye. 

Ms. RUSH. Mrs. Napolitano votes aye. 

Mr. Schiff. 

Mr. SCHIFF. Aye. 

Ms. RUSH. Mr. Schiff votes aye. 

Ms. Watson. 

Ms. WATSON. Aye. 

Ms. RUSH. Ms. Watson votes aye. 

693

Mr. Smith of Washington. 

Mr. SMITH OF WASHINGTON. Aye. 

Ms. RUSH. Mr. Smith of Washington votes aye. 

Ms. McCollum. 

[No response.] 

Ms. RUSH. Mr. Chandler. 

[No response.] 

Ms. RUSH. Mr. Cardoza. 

Mr. CARDOZA. Aye.

Ms. RUSH.Mr. Cardoza votes aye. 

Chairman Hyde. 

[No response.] 

Ms. RUSH. Mr. Issa. 

Mr. ISSA. No. 

Ms. RUSH. Mr. Issa votes no. 

Mr. Flake. 

Mr. FLAKE. No. 

Ms. RUSH. Mr. Flake votes no. 

Mr. WEXLER. Aye. 

Ms. RUSH. Mr. Wexler votes aye. 

Mr. SMITH OF NEW JERSEY. Mr. Fortenberry. 

Mr. FORTENBERRY. No. 

Mr. SMITH OF NEW JERSEY. The clerk would record Mr. 

Fortenberry. 

Ms. RUSH. Mr. Fortenberry votes no. 

Mr. Chandler. 

Mr. CHANDLER. Aye. 

Ms. RUSH. Mr. Chandler votes aye. 

Mr. SMITH OF NEW JERSEY. Are there other Members wishing to 

vote? The clerk will report the tally. 

Ms. RUSH. On this vote, there are 18 ayes and 21 noes. 

Mr. SMITH OF NEW JERSEY. The amendment is not agreed to. 

The clerk will now call the roll on the Ackerman amendment relating to Pakistan proliferation. 

Ms. RUSH. Mr. Leach. 

[No response.] 

Ms. RUSH. Mr. Smith of New Jersey. 

Mr. SMITH OF NEW JERSEY. No. 

Ms. RUSH. Mr. Smith of New Jersey votes no. 

Mr. Burton. 

[No response.] 

Ms. RUSH. Mr. Gallegly. 

Mr. GALLEGLY. No. 

Ms. RUSH. Mr. Gallegly votes no. 

Ms. Ros-Lehtinen. 

Ms. ROS-LEHTINEN. No. 

Ms. RUSH. Ms. Ros-Lehtinen votes no. 

Mr. Rohrabacher. 

Mr. ROHRABACHER. Aye. 

Ms. RUSH. Mr. Rohrabacher votes aye. 

Mr. Royce. 

[No response.] 

Ms. RUSH. Mr. King. 

Mr. KING. No. 

694

Ms. RUSH. Mr. King votes no. 

Mr. Chabot. 

Mr. CHABOT. No. 

Ms. RUSH. Mr. Chabot votes no. 

Mr. Tancredo. 

[No response.] 

Ms. RUSH. Mr. Paul. 

Mr. PAUL. No. 

Ms. RUSH. Mr. Paul votes no. 

Mr. Issa. 

Mr. ISSA. No. 

Ms. RUSH. Mr. Issa votes no. 

Mr. Flake. 

Mr. FLAKE. No. 

Ms. RUSH. Mr. Flake votes no. 

Mrs. Davis. 

Mrs. DAVIS. No. 

Ms. RUSH. Mrs. Davis votes no. 

Mr. Green. 

Mr. GREEN. No. 

Ms. RUSH. Mr. Green votes no. 

Mr. Weller. 

Mr. WELLER. No. 

Ms. RUSH. Mr. Weller votes no. 

Mr. Pence. 

Mr. PENCE. No. 

Ms. RUSH. Mr. Pence votes no. 

Mr. McCotter. 

Mr. MCCOTTER. No. 

Ms. RUSH. Mr. McCotter votes no. 

Ms. Harris. 

Ms. HARRIS. No. 

Ms. RUSH. Ms. Harris votes no. 

Mr. Wilson. 

[No response.] 

Ms. RUSH. Mr. Boozman. 

Mr. BOOZMAN. No. 

Ms. RUSH. Mr. Boozman votes no. 

Mr. Barrett. 

Mr. BARRETT. No. 

Ms. RUSH. Mr. Barrett votes no. 

Mr. MACK.

Mr. MACK. No. 

Ms. RUSH. Mr. Mack votes no. 

Mr. Fortenberry. 

Mr. FORTENBERRY. No. 

Ms. RUSH. Mr. Fortenberry votes no. 

Mr. McCaul.

Mr. MCCAUL. No. 

Ms. RUSH. Mr. McCaul votes no. 

Mr. Poe. 

Mr. POE. No. 

Ms. RUSH. Mr. Poe votes no. 

Mr. Lantos. 

695

Mr. LANTOS. No. 

Ms. RUSH. Mr. Lantos votes no. 

Mr. Berman. 

[No response.] 

Ms. RUSH. Mr. Ackerman. 

Mr. ACKERMAN. Aye. 

Ms. RUSH. Mr. Ackerman votes aye. 

Mr. Faleomavaega. 

Mr. FALEOMAVAEGA. No. 

Ms. RUSH. Mr. Faleomavaega votes no. 

Mr. Payne. 

Mr. PAYNE. Aye. 

Ms. RUSH. Mr. Payne votes aye. 

Mr. Menendez. 

[No response.] 

Ms. RUSH. Mr. Brown. 

[No response.] 

Ms. RUSH. Mr. Sherman. 

Mr. SHERMAN. Aye. 

Ms. RUSH. Mr. Sherman votes aye. 

Mr. Wexler. 

Mr. WEXLER. Aye. 

Ms. RUSH. Mr. Wexler votes aye. 

Mr. Engel. 

[No response.] 

Ms. RUSH. Mr. Delahunt. 

Mr. DELAHUNT. Aye. 

Ms. RUSH. Mr. Delahunt votes aye. 

Mr. Meeks. 

Mr. MEEKS. Aye. 

Ms. RUSH. Mr. Meeks votes aye. 

Ms. Lee. 

Ms. LEE. Aye. 

Ms. RUSH. Ms. Lee votes aye. 

Mr. Crowley. 

Mr. CROWLEY. Aye. 

Ms. RUSH. Mr. Crowley votes aye. 

Mr. Blumenauer. 

Mr. BLUMENAUER. Aye. 

Ms. RUSH. Mr. Blumenauer votes aye. 

Ms. Berkley. 

Ms. BERKLEY. No. 

Ms. RUSH. Ms. Berkley votes no. 

Mrs. Napolitano. 

Mrs. NAPOLITANO. Pass. 

Ms. RUSH. Mrs. Napolitano passes. 

Mr. Schiff. 

Mr. SCHIFF. Aye. 

Ms. RUSH. Mr. Schiff votes aye. 

Ms. Watson. 

Ms. WATSON. Aye. 

Ms. RUSH. Ms. Watson votes aye. 

Mr. Smith of Washington. 

Mr. SMITH OF WASHINGTON. No. 

696

Ms. RUSH. Mr. Smith of Washington votes no. 

Ms. McCollum. 

Ms. MCCOLLUM. Aye. 

Ms. RUSH. Ms. McCollum votes aye. 

Mr. Chandler. 

Mr. CHANDLER. No. 

Ms. RUSH. Mr. Chandler votes no. 

Mr. Cardoza. 

Mr. CARDOZA. No.

Ms. RUSH.Mr. Cardoza votes no. 

Mr. SMITH OF NEW JERSEY. Any other Member wishing to cast 

his or her vote? Mr. Burton. 

Mr. BURTON. How am I recorded? 

Ms. RUSH. You are not recorded. 

Mr. BURTON. I think I better vote no, with all due respect to my 

colleague whom I love. 

Ms. RUSH. Mr. Burton votes no. 

Mr. SMITH OF NEW JERSEY. Mrs. Napolitano. 

Mrs. NAPOLITANO. No. 

Ms. RUSH. Mrs. Napolitano. 

Mrs. NAPOLITANO. No. 

Ms. RUSH. Mrs. Napolitano votes no. 

Mr. SMITH OF NEW JERSEY. The clerk will report the tally. 

If you could suspend reporting the tally. Mr. Engel is here. How 

do you vote, Mr. Engel? 

Mr. ENGEL. I vote aye. 

Ms. RUSH. Mr. Engel votes aye. 

Mr. SMITH OF NEW JERSEY. Right. The clerk will now report the 

tally. 

Ms. RUSH. On this vote there are 14 ayes and 28 noes. 

Mr. SMITH OF NEW JERSEY. The amendment is not agreed to. 

The question now comes to the Lee amendment for withdrawing 

United States Armed Forces from Iraq. If the clerk will call the 

roll. 

Ms. RUSH. Mr. Leach. 

[No response.] 

Ms. RUSH. Mr. Smith of New Jersey. 

Mr. SMITH OF NEW JERSEY. No. 

Ms. RUSH. Mr. Smith of New Jersey votes no. 

Mr. Burton. 

[No response.] 

Ms. RUSH. Mr. Gallegly. 

Mr. GALLEGLY. No. 

Ms. RUSH. Mr. Gallegly votes no. 

Ms. Ros-Lehtinen. 

Ms. ROS-LEHTINEN. No. 

Ms. RUSH. Ms. Ros-Lehtinen votes no. 

Mr. Rohrabacher. 

Mr. ROHRABACHER. No. 

Ms. RUSH. Mr. Rohrabacher votes no. 

Mr. Royce. 

Mr. ROYCE. No. 

Ms. RUSH. Mr. Royce votes no. 

Mr. King. 

697

Mr. KING. No. 

Ms. RUSH. Mr. King votes no. 

Mr. Chabot. 

Mr. CHABOT. No. 

Ms. RUSH. Mr. Chabot votes no. 

Mr. Tancredo. 

[No response.] 

Ms. RUSH. Mr. Paul. 

Mr. PAUL. Aye. 

Ms. RUSH. Mr. Paul votes aye. 

Mr. Issa. 

Mr. ISSA. No. 

Ms. RUSH. Mr. Issa votes no. 

Mr. Flake. 

Mr. FLAKE. No. 

Ms. RUSH. Mr. Flake votes no. 

Mrs. Davis. 

Mrs. DAVIS. No. 

Ms. RUSH. Mrs. Davis votes no. 

Mr. Green. 

Mr. GREEN. No. 

Ms. RUSH. Mr. Green votes no. 

Mr. Weller. 

Mr. WELLER. No. 

Ms. RUSH. Mr. Weller votes no. 

Mr. Pence. 

Mr. PENCE. No. 

Ms. RUSH. Mr. Pence votes no. 

Mr. McCotter. 

Mr. MCCOTTER. No. 

Ms. RUSH. Mr. McCotter votes no. 

Ms. Harris. 

Ms. HARRIS. No. 

Ms. RUSH. Ms. Harris votes no. 

Mr. Wilson. 

[No response.] 

Ms. RUSH. Mr. Boozman. 

Mr. BOOZMAN. No. 

Ms. RUSH. Mr. Boozman votes no. 

Mr. Barrett. 

Mr. BARRETT. No. 

Ms. RUSH. Mr. Barrett votes no. 

Mr. MACK.

Mr. MACK. No. 

Ms. RUSH. Mr. Mack votes no. 

Mr. Fortenberry. 

Mr. FORTENBERRY. No. 

Ms. RUSH. Mr. Fortenberry votes no. 

Mr. McCaul.

Mr. MCCAUL. No. 

Ms. RUSH. Mr. McCaul votes no. 

Mr. Poe. 

Mr. POE. No. 

Ms. RUSH. Mr. Poe votes no. 

698

Mr. Lantos. 

Mr. LANTOS. No. 

Ms. RUSH. Mr. Lantos votes no. 

Mr. Berman. 

[No response.] 

Ms. RUSH. Mr. Ackerman. 

Mr. ACKERMAN. No. 

Ms. RUSH. Mr. Ackerman votes no. 

Mr. Faleomavaega. 

Mr. FALEOMAVAEGA. No. 

Ms. RUSH. Mr. Faleomavaega votes no. 

Mr. Payne. 

Mr. PAYNE. Aye. 

Ms. RUSH. Mr. Payne votes aye. 

Mr. Menendez. 

[No response.] 

Ms. RUSH. Mr. Brown. 

[No response.] 

Ms. RUSH. Mr. Sherman. 

Mr. SHERMAN. Aye. 

Ms. RUSH. Mr. Sherman votes aye. 

Mr. Wexler. 

Mr. WEXLER. Aye. 

Ms. RUSH. Mr. Wexler votes aye. 

Mr. Engel. 

Mr. ENGEL. No. 

Ms. RUSH. Mr. Engel votes no. 

Mr. Delahunt. 

Mr. DELAHUNT. Aye. 

Ms. RUSH. Mr. Delahunt votes aye. 

Mr. Meeks. 

Mr. MEEKS. Aye. 

Ms. RUSH. Mr. Meeks votes aye. 

Ms. Lee. 

Ms. LEE. Aye. 

Ms. RUSH. Ms. Lee votes aye. 

Mr. Crowley. 

Mr. CROWLEY. No. 

Ms. RUSH. Mr. Crowley votes no. 

Mr. Blumenauer. 

Mr. BLUMENAUER. Aye. 

Ms. RUSH. Mr. Blumenauer votes aye. 

Ms. Berkley. 

Ms. BERKLEY. No. 

Ms. RUSH. Ms. Berkley votes no. 

Mrs. Napolitano. 

Mrs. NAPOLITANO. No. 

Ms. RUSH. Mrs. Napolitano votes no. 

Mr. Schiff. 

Mr. SCHIFF. No. 

Ms. RUSH. Mr. Schiff votes no. 

Ms. Watson. 

Ms. WATSON. Aye. 

Ms. RUSH. Ms. Watson votes aye. 

699

Mr. Smith of Washington. 

Mr. SMITH OF WASHINGTON. Aye. 

Ms. RUSH. Mr. Smith of Washington votes aye. 

Ms. McCollum. 

Ms. MCCOLLUM. Aye. 

Ms. RUSH. Ms. McCollum votes aye. 

Mr. Chandler. 

Mr. CHANDLER. No. 

Ms. RUSH. Mr. Chandler votes no. 

Mr. Cardoza. 

Mr. CARDOZA. No.

Ms. RUSH.Mr. Cardoza votes no. 

Mr. SMITH OF NEW JERSEY. Mr. Wilson. 

Mr. WILSON. No. 

Ms. RUSH. Mr. Wilson votes no. 

Mr. SMITH OF NEW JERSEY. Anyone else wish to vote? 

Mr. BURTON. Mr. Chairman, how am I recorded? 

Ms. RUSH. You are not recorded. 

Mr. BURTON. Well, I am going to vote no. Thank you. 

Ms. RUSH. Mr. Burton votes no. 

Mr. LEACH. Mr. Chairman, I vote yes. 

Ms. RUSH. Mr. Leach votes yes. 

Mr. SMITH OF NEW JERSEY. The clerk will report the tally. 

Ms. RUSH. On this vote, there are 12 ayes and 33 noes. 

Mr. SMITH OF NEW JERSEY. The amendment is not agreed to. We 

will now vote on the fourth amendment in the series, the Lee 

amendment relating to a statement of policy of the United States 

not to enter into a permanent base agreement with the Government of Iraq. The clerk will call the roll. 

Ms. RUSH. Mr. Leach. 

Mr. LEACH. Aye. 

Ms. RUSH. Mr. Leach votes aye. 

Mr. Smith of New Jersey. 

Mr. SMITH OF NEW JERSEY. No. 

Ms. RUSH. Mr. Smith of New Jersey votes no. 

Mr. Burton. 

Mr. BURTON. No. 

Ms. RUSH. Mr. Burton votes no. 

Mr. Gallegly. 

Mr. GALLEGLY. No. 

Ms. RUSH. Mr. Gallegly votes no. 

Ms. Ros-Lehtinen. 

Ms. ROS-LEHTINEN. No. 

Ms. RUSH. Ms. Ros-Lehtinen votes no. 

Mr. Rohrabacher. 

Mr. ROHRABACHER. Aye. 

Ms. RUSH. Mr. Rohrabacher votes aye. 

Mr. Royce. 

Mr. ROYCE. No. 

Ms. RUSH. Mr. Royce votes no. 

Mr. King. 

Mr. KING. No. 

Ms. RUSH. Mr. King votes no. 

Mr. Chabot. 

700

Mr. CHABOT. No. 

Ms. RUSH. Mr. Chabot votes no. 

Mr. Tancredo. 

[No response.] 

Ms. RUSH. Mr. Paul. 

Mr. PAUL. Aye. 

Ms. RUSH. Mr. Paul votes aye. 

Mr. Issa. 

Mr. ISSA. Aye. 

Ms. RUSH. Mr. Issa votes aye. 

Mr. SMITH OF NEW JERSEY. If the record would suspend briefly. 

If Members could keep it down or the staff so that we could hear. 

Thank you. 

Ms. RUSH. Mr. Flake. 

Mr. FLAKE. No. 

Ms. RUSH. Mr. Flake votes no. 

Mrs. Davis. 

Mrs. DAVIS. No. 

Ms. RUSH. Mrs. Davis votes no. 

Mr. Green. 

Mr. GREEN. No. 

Ms. RUSH. Mr. Green votes no. 

Mr. Weller. 

Mr. WELLER. No. 

Ms. RUSH. Mr. Weller votes no. 

Mr. Pence. 

Mr. PENCE. No. 

Ms. RUSH. Mr. Pence votes no. 

Mr. McCotter. 

Mr. MCCOTTER. No. 

Ms. RUSH. Mr. McCotter votes no. 

Ms. Harris. 

Ms. HARRIS. No. 

Ms. RUSH. Ms. Harris votes no. 

Mr. Wilson. 

Mr. WILSON. No. 

Ms. RUSH. Mr. Wilson votes no. 

Mr. Boozman. 

Mr. BOOZMAN. No. 

Ms. RUSH. Mr. Boozman votes no. 

Mr. Barrett. 

Mr. BARRETT. No. 

Ms. RUSH. Mr. Barrett votes no. 

Mr. MACK.

Mr. MACK. No. 

Ms. RUSH. Mr. Mack votes no. 

Mr. Fortenberry. 

Mr. FORTENBERRY. No. 

Ms. RUSH. Mr. Fortenberry votes no. 

Mr. McCaul.

Mr. MCCAUL. No. 

Ms. RUSH. Mr. McCaul votes no. 

Mr. Poe. 

Mr. POE. No. 

701

Ms. RUSH. Mr. Poe votes no. 

Mr. Lantos. 

Mr. LANTOS. No. 

Ms. RUSH. Mr. Lantos votes no. 

Mr. Berman. 

[No response.] 

Ms. RUSH. Mr. Ackerman. 

Mr. ACKERMAN. No. 

Ms. RUSH. Mr. Ackerman votes no. 

Mr. Faleomavaega. 

[No response.] 

Ms. RUSH. Mr. Payne. 

Mr. PAYNE. Aye. 

Ms. RUSH. Mr. Payne votes aye. 

Mr. Menendez. 

[No response.] 

Ms. RUSH. Mr. Brown. 

[No response.] 

Ms. RUSH. Mr. Sherman. 

Mr. SHERMAN. Aye. 

Ms. RUSH. Mr. Sherman votes aye. 

Mr. Wexler. 

Mr. WEXLER. Aye. 

Ms. RUSH. Mr. Wexler votes aye. 

Mr. Engel. 

Mr. ENGEL. No. 

Ms. RUSH. Mr. Engel votes no. 

Mr. Delahunt. 

Mr. DELAHUNT. Aye. 

Ms. RUSH. Mr. Delahunt votes aye. 

Mr. Meeks. 

Mr. MEEKS. Aye. 

Ms. RUSH. Mr. Meeks votes aye. 

Ms. Lee. 

Ms. LEE. Aye. 

Ms. RUSH. Ms. Lee votes aye. 

Mr. Crowley. 

Mr. CROWLEY. No. 

Ms. RUSH. Mr. Crowley votes no. 

Mr. Blumenauer. 

Mr. BLUMENAUER. Aye. 

Ms. RUSH. Mr. Blumenauer votes aye. 

Ms. Berkley. 

Ms. BERKLEY. No. 

Ms. RUSH. Ms. Berkley votes no. 

Mrs. Napolitano. 

Mrs. NAPOLITANO. Aye. 

Ms. RUSH. Mrs. Napolitano votes aye. 

Mr. Schiff. 

Mr. SCHIFF. No. 

Ms. RUSH. Mr. Schiff votes no. 

Ms. Watson. 

Ms. WATSON. Aye. 

Ms. RUSH. Ms. Watson votes aye. 

702

Mr. Smith of Washington. 

Mr. SMITH OF WASHINGTON. Aye. 

Ms. RUSH. Mr. Smith of Washington votes aye. 

Ms. McCollum. 

Ms. MCCOLLUM. Aye. 

Ms. RUSH. Ms. McCollum votes aye. 

Mr. Chandler. 

Mr. CHANDLER. No. 

Ms. RUSH. Mr. Chandler votes no. 

Mr. Cardoza. 

Mr. CARDOZA. Aye.

Ms. RUSH.Mr. Cardoza votes aye. 

Mr. SMITH OF NEW JERSEY. Are there any other Members wishing to vote? 

Ms. RUSH. On this vote there are 15 ayes and 29 noes. 

Mr. SMITH OF NEW JERSEY. The amendment is not agreed to. 

The final vote in this series is the Darrell Issa amendment striking 811 of the bill concerning requirements relating to the economic 

support fund assistance for Egypt. The clerk will call the roll. 

Ms. RUSH. Mr. Leach. 

Mr. LEACH. Pass. 

Ms. RUSH. Mr. Leach passes. 

Mr. Smith of New Jersey. 

Mr. SMITH OF NEW JERSEY. No. 

Ms. RUSH. Mr. Smith of New Jersey votes no. 

Mr. Burton. 

Mr. BURTON. No. 

Ms. RUSH. Mr. Burton votes no. 

Mr. Gallegly. 

Mr. GALLEGLY. No. 

Ms. RUSH. Mr. Gallegly votes no. 

Ms. Ros-Lehtinen. 

Ms. ROS-LEHTINEN. No. 

Ms. RUSH. Ms. Ros-Lehtinen votes no. 

Mr. Rohrabacher. 

Mr. ROHRABACHER. Aye. 

Ms. RUSH. Mr. Rohrabacher votes aye. 

Mr. Royce. 

Mr. ROYCE. No. 

Ms. RUSH. Mr. Royce votes no. 

Mr. King. 

Mr. KING. Aye. 

Ms. RUSH. Mr. King votes aye. 

Mr. Chabot. 

Mr. CHABOT. Aye. 

Ms. RUSH. Mr. Chabot votes aye. 

Mr. Tancredo. 

[No response.] 

Ms. RUSH. Mr. Paul. 

Mr. PAUL. No. 

Ms. RUSH. Mr. Paul votes no. 

Mr. Issa. 

Mr. ISSA. Aye. 

Ms. RUSH. Mr. Issa votes aye. 

703

Mr. Flake. 

Mr. FLAKE. No. 

Ms. RUSH. Mr. Flake votes no. 

Mrs. Davis. 

Mrs. DAVIS. Aye. 

Ms. RUSH. Mrs. Davis votes aye. 

Mr. Green. 

Mr. GREEN. No. 

Ms. RUSH. Mr. Green votes no. 

Mr. Weller. 

Mr. WELLER. No. 

Ms. RUSH. Mr. Weller votes no. 

Mr. Pence. 

Mr. PENCE. No. 

Ms. RUSH. Mr. Pence votes no. 

Mr. McCotter. 

Mr. MCCOTTER. Aye. 

Ms. RUSH. Mr. McCotter votes aye. 

Ms. Harris. 

Ms. HARRIS. No. 

Ms. RUSH. Ms. Harris votes no. 

Mr. Wilson. 

Mr. WILSON. Aye. 

Ms. RUSH. Mr. Wilson votes aye. 

Mr. Boozman. 

Mr. BOOZMAN. Aye. 

Ms. RUSH. Mr. Boozman votes aye. 

Mr. Barrett. 

Mr. BARRETT. No. 

Ms. RUSH. Mr. Barrett votes no. 

Mr. MACK. Mr. MACK. Aye. 

Ms. RUSH. Mr. Mack votes aye. 

Mr. Fortenberry. 

Mr. FORTENBERRY. No. 

Ms. RUSH. Mr. Fortenberry votes no. 

Mr. McCaul.

Mr. MCCAUL. No. 

Ms. RUSH. Mr. McCaul votes no. 

Mr. Poe. 

Mr. POE. Aye. 

Ms. RUSH. Mr. Poe votes aye. 

Mr. Lantos. 

Mr. LANTOS. No. 

Ms. RUSH. Mr. Lantos votes no. 

Mr. Berman. 

[No response.] 

Ms. RUSH. Mr. Ackerman. 

Mr. ACKERMAN. No. 

Ms. RUSH. Mr. Ackerman votes no. 

Mr. Faleomavaega. 

[No response.] 

Ms. RUSH. Mr. Payne. 

Mr. PAYNE. Pass. 

704

Ms. RUSH. Mr. Payne passes. 

Mr. Menendez. 

[No response.] 

Ms. RUSH. Mr. Brown. 

[No response.] 

Ms. RUSH. Mr. Sherman. 

Mr. SHERMAN. No. 

Ms. RUSH. Mr. Sherman votes no. 

Mr. Wexler. 

Mr. WEXLER. Aye. 

Ms. RUSH. Mr. Wexler votes aye. 

Mr. Engel. 

Mr. ENGEL. No. 

Ms. RUSH. Mr. Engel votes no. 

Mr. Delahunt. 

Mr. DELAHUNT. No. 

Ms. RUSH. Mr. Delahunt votes no. 

Mr. Meeks. 

[No response.] 

Ms. RUSH. Ms. Lee. 

Ms. LEE. Aye. 

Ms. RUSH. Ms. Lee votes aye. 

Mr. Crowley. 

Mr. CROWLEY. No. 

Ms. RUSH. Mr. Crowley votes no. 

Mr. Blumenauer. 

Mr. BLUMENAUER. No. 

Ms. RUSH. Mr. Blumenauer votes no. 

Ms. Berkley. 

Ms. BERKLEY. No. 

Ms. RUSH. Ms. Berkley votes no. 

Mrs. Napolitano. 

Mrs. NAPOLITANO. No. 

Ms. RUSH. Mrs. Napolitano votes no. 

Mr. Schiff. 

Mr. SCHIFF. No. 

Ms. RUSH. Mr. Schiff votes no. 

Ms. Watson. 

Ms. WATSON. Aye. 

Ms. RUSH. Ms. Watson votes aye. 

Mr. Smith of Washington. 

Mr. SMITH OF WASHINGTON. No. 

Ms. RUSH. Mr. Smith of Washington votes no. 

Ms. McCollum. 

Ms. MCCOLLUM. Aye. 

Ms. RUSH. Ms. McCollum votes aye. 

Mr. Chandler. 

Mr. CHANDLER. No. 

Ms. RUSH. Mr. Chandler votes no. 

Mr. Cardoza. 

Mr. CARDOZA. No.

Ms. RUSH.Mr. Cardoza votes no. 

Mr. LEACH. Mr. Chairman. 

Mr. SMITH OF NEW JERSEY. Mr. Leach. 

705

Mr. LEACH. I would like to go from pass to no. 

Mr. SMITH OF NEW JERSEY. No. 

Ms. RUSH. Mr. Leach votes no. 

Mr. SMITH OF NEW JERSEY. Mr. Payne? 

Mr. PAYNE. I vote no. 

Ms. RUSH. Mr. Payne votes no. 

Mr. SMITH OF NEW JERSEY. Are there any other Members who 

would like to cast their vote on this amendment? If not, the clerk 

will report. 

Ms. RUSH. On this vote, there are 14 ayes and 29 noes. 

Mr. SMITH OF NEW JERSEY. The amendment is not agreed to. 

I would ask unanimous consent on a limitation of further amendments, and I would point out to my colleagues that after consultation with Mr. Lantos we have agreed that the following amendments would be offered. It is our hope to complete this markup this 

evening. 

I would ask unanimous consent that the debate on H.R. 2601 be 

limited to the following amendments which are at the desk. Number one, the Blumenauer amendment on water, amendment number 14; the Crowley amendment relating to fistula, amendment 

number 21; the Lee amendment relating to Report on United 

States Weapons Transfers, Sales and Licensing to Haiti, amendment number 24; the Lee amendment relating to Assistance to Promote Economic and Social Development in Columbia, amendment 

27; the Burton amendment relating to Assistance for Demobilization and Disarmament of Former Regular Combatants in Colombia—that is number 22; the Rohrabacher amendment relating to 

Ethiopia, 41; Mr. Issa’s amendment relating to transfer of certain 

interest for Egypt amendment, number 36; the Issa amendment relating to national security waivers, number 38; the Issa amendment relating to military assistance to Egypt, amendment number 

39; the Crowley amendment on security in Iraq, amendment number 23; and an amendment that I will offer that is a technical 

amendment on global terrorism. 

Do I hear an objection? Without objection, so ordered and we will 

now proceed to Mr. Burton with his amendment—okay, we will go 

to Mr. Blumenauer. 

[The amendment referred to follows:]

706

1

H.L.C.

AMENDMENT TO H.R. ll

OFFERED BY MR. BLUMENAUER OF OREGON

(Foreign Relations Authorization Act, Fiscal Years 2006 and

2007)

At the end of the bill, add the following new title:

1 TITLE ll—WATER FOR THE

2 POOR ACT OF 2005

3 SEC. l01. SHORT TITLE.

4 This title may be cited as the ‘‘Water for the Poor

5 Act of 2005’’.

6 SEC. l02. FINDINGS.

7 Congress makes the following findings:

8 (1) Water-related diseases are a human trag9 edy, killing up to 5 million people annually, pre10 venting millions of people from leading healthy lives,

11 and undermining development efforts.

12 (2) A child dies an average of every 15 seconds

13 because of lack of access to safe water and adequate

14 sanitation.

15 (3) In the poorest countries in the world, one

16 out of five children dies from a preventable, water17 related disease.


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1 (4) Lack of access to safe drinking water, inad2 equate sanitation, and poor hygiene practices are di3 rectly responsible for the vast majority of diarrheal

4 diseases which kill over 2 million children each year.

5 (5) At any given time, half of all people in the

6 developing world are suffering from one or more of

7 the main diseases associated with inadequate provi8 sion of water supply and sanitation services.

9 (6) Over 1.2 billion people, one in every four

10 people in the developing world, lack access to safe

11 drinking water.

12 (7) Over 2.4 billion people, two in every five

13 people in the developing world, lack access to basic

14 sanitation services.

15 (8) Nearly 500 million people are affected by

16 water stress or serious water scarcity. Under current

17 trends, two-thirds of the world’s population may be

18 subject to moderate to high water stress by 2025.

19 (9) Access to safe water and sanitation and im20 proved hygiene are significant factors in controlling

21 the spread of disease in the developing world and

22 positively affecting worker productivity and economic

23 development.

24 (10) Increasing access to safe water and sanita25 tion advances efforts toward other development obVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00713 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 jectives, such as fighting poverty and hunger, pro2 moting primary education and gender equality, re3 ducing child mortality, promoting environmental sta4 bility, improving the lives of slum dwellers, and

5 strengthening national security.

6 (11) Providing safe supplies of water and sani7 tation and hygiene improvements would save millions

8 of lives by reducing the prevalence of water-borne

9 diseases, water-based diseases, water-privation dis10 eases, and water-related vector diseases.

11 (12) Because women and girls in developing

12 countries are often the carriers of water, lack of ac13 cess to safe water and sanitation disproportionately

14 affects women and limits women’s opportunities at

15 education, livelihood, and financial independence.

16 (13) Every $1 invested in safe water and sani17 tation would yield an economic return of between $3

18 and $34, depending on the region.

19 (14) Developing sustainable financing mecha20 nisms, such as pooling mechanisms and revolving

21 funds, is necessary for the long-term viability of im22 proved water and sanitation services.

23 (15) The annual level of investment needed to

24 meet the water and sanitation needs of developing

25 countries far exceeds the amount of Official DevelopVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00714 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 ment Assistance (ODA) and spending by govern2 ments of developing countries, so facilitating and at3 tracting greater public and private investment is es4 sential.

5 (16) Meeting the water and sanitation needs of

6 the lowest-income developing countries will require

7 an increase in the resources available as grants from

8 donor countries.

9 (17) The long-term sustainability of improved

10 water and sanitation services can be advanced by

11 promoting community level action and engagement

12 with civil society.

13 (18) Target 10 of the United Nations Millen14 nium Development Goals is to reduce by half the

15 proportion of people without sustainable access to

16 safe drinking water by 2015.

17 (19) The participants in the 2002 World Sum18 mit on Sustainable Development, held in Johannes19 burg, South Africa, including the United States,

20 agreed to the Plan of Implementation of the World

21 Summit on Sustainable Development which included

22 an agreement to work to reduce by one-half ‘‘the

23 proportion of people who are unable to reach or af24 ford safe drinking water,’’ and ‘‘the proportion of

25 people without access to basic sanitation’’ by 2015.


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1 (20) At the World Summit on Sustainable De2 velopment, the United States announced the Water

3 for the Poor Initiative, committing $970 million for

4 fiscal years 2003 through 2005 to improve sustain5 able management of fresh water resources and accel6 erate and expand international efforts to achieve the

7 goal of cutting in half by 2015 the proportion of

8 people who are unable to reach or to afford safe

9 drinking water.

10 (21) United Nations General Assembly Resolu11 tion 58/217 (February 9, 2004) proclaimed ‘‘the pe12 riod from 2005 to 2015 the International Decade for

13 Action, ‘Water for Life’, to commence on World

14 Water Day, 22 March 2005’’ for the purpose of in15 creasing the focus of the international community on

16 water-related issues at all levels and on the imple17 mentation of water-related programs and projects.

18 SEC. l03. SENSE OF CONGRESS.

19 It is the sense of Congress that—

20 (1) in order to make the most effective use of

21 amounts of Official Development Assistance (ODA)

22 for water and sanitation and avoid waste and dupli23 cation, the United States should seek to establish in24 novative international coordination mechanisms

25 based on best practices in other development sectors;


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1 (2) the United States should greatly increase

2 the amount of Official Development Assistance made

3 available to carry out section 104D of the Foreign

4 Assistance Act of 1961, as added by section 4(a) of

5 this title;

6 (3) United States water and sanitation assist7 ance programs should reflect an appropriate balance

8 of grants, loans, investment insurance, loan guaran9 tees, and other assistance to ensure affordability and

10 equity in the provision of access to safe water and

11 sanitation for the very poor;

12 (4) United States water and sanitation assist13 ance programs, to the extent possible, should sup14 port the poverty reduction strategies of recipient

15 countries;

16 (5) United States water and sanitation assist17 ance programs should promote community-based ap18 proaches in the provision of affordable and equitable

19 access to safe water and sanitation, including the in20 volvement of civil society; and

21 (6) protecting the supply and availability of safe

22 water requires sound environmental management.


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1 SEC. l04. ASSISTANCE TO PROVIDE SAFE WATER AND

2 SANITATION.

3 (a) IN GENERAL.—Part I of the Foreign Assistance

4 Act of 1961 (22 U.S.C. 2151 et seq.) is amended by in5 serting after section 104C the following new section:

6 ‘‘SEC. 104D. ASSISTANCE TO PROVIDE SAFE WATER AND

7 SANITATION.

8 ‘‘(a) PURPOSES.—The purposes of assistance author9 ized by this section are—

10 ‘‘(1) to promote good health, economic develop11 ment, poverty reduction, women’s empowerment, and

12 environmental sustainability by providing assistance

13 to expand access to safe water and sanitation, pro14 moting integrated water resource management, and

15 improving hygiene for people around the world;

16 ‘‘(2) to seek to reduce by one-half from the

17 baseline year 1990 the proportion of people who are

18 unable to reach or afford safe drinking water and

19 the proportion of people without access to basic sani20 tation by 2015;

21 ‘‘(3) to focus water and sanitation assistance

22 toward the countries and people with the greatest

23 need;

24 ‘‘(4) to promote affordability and equity in the

25 provision of access to safe water and sanitation for


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1 the very poor, women, and other vulnerable popu2 lations;

3 ‘‘(5) to promote long-term sustainability in the

4 affordable and equitable provision of access to safe

5 water and sanitation through the creation of innova6 tive financing mechanisms such as national revolving

7 funds, and by strengthening the capacity of recipient

8 governments and communities to formulate and im9 plement policies that expand access to safe water

10 and sanitation in a sustainable fashion, including se11 curing loans and strategic planning;

12 ‘‘(6) to secure the greatest amount of resources

13 possible, encourage private investment in water and

14 sanitation infrastructure and services, particularly in

15 lower middle-income countries, without creating

16 unsustainable debt for low-income countries or

17 unaffordable water and sanitation costs for the very

18 poor; and

19 ‘‘(7) to promote the capacity of recipient gov20 ernments to provide affordable, equitable, and sus21 tainable access to safe water and sanitation.

22 ‘‘(b) AUTHORIZATION.—To carry out the purposes of

23 subsection (a), the President is authorized to furnish as24 sistance for programs in developing countries to provide


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1 affordable and equitable access to safe water and sanita2 tion.

3 ‘‘(c) ACTIVITIES SUPPORTED.—Assistance provided

4 under subsection (b) shall, to the maximum extent prac5 ticable, be used to—

6 ‘‘(1) expand affordable and equitable access to

7 safe water and sanitation for underserved popu8 lations;

9 ‘‘(2) support the construction, maintenance, up10 keep, repair, and operation of water delivery and

11 sanitation systems;

12 ‘‘(3) improve the safety and reliability of water

13 supplies, including environmental management; and

14 ‘‘(4) improve the institutional capacity of recipi15 ent governments, including capacity-building pro16 grams for improved water resource management.

17 ‘‘(d) LOCAL CURRENCY.—The President may use

18 payments made in local currencies under an agreement

19 made under title I of the Agricultural Trade Development

20 and Assistance Act of 1954 (7 U.S.C. 1701 et seq.) to

21 provide assistance under this section, including assistance

22 for activities related to drilling or maintaining wells.’’.

23 (b) CONFORMING AMENDMENT.—Section 104(c) of

24 the Agricultural Trade Development and Assistance Act


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1 of 1954 (7 U.S.C. 1704(c)) is amended by adding at the

2 end the following new paragraph:

3 ‘‘(9) SAFE WATER.—To provide assistance

4 under section 104D of the Foreign Assistance Act of

5 1961 to promote good health, economic development,

6 poverty reduction, women’s empowerment, and envi7 ronmental sustainability by improving the safety of

8 water supplies, including programs related to drilling

9 or maintaining wells.’’.

10 SEC. l05. SAFE WATER AND SANITATION STRATEGY.

11 (a) STRATEGY.—The Administrator of the United

12 States Agency for International Development, in consulta13 tion with the heads of other appropriate Federal depart14 ments and agencies, international organizations, inter15 national financial institutions, recipient governments,

16 United States and international nongovernmental organi17 zations, indigenous civil society, and other appropriate en18 tities, shall develop and implement a strategy to further

19 the United States foreign assistance objective to provide

20 affordable and equitable access to safe water and sanita21 tion in developing countries.

22 (b) CONTENT.—The strategy required by subsection

23 (a) shall include—

24 (1) an assessment of the activities that have

25 been carried out, or that are planned to be carried


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1 out, by all appropriate Federal departments and

2 agencies to improve affordable and equitable access

3 to safe water and sanitation and hygiene in all coun4 tries that receive assistance from the United States

5 Agency for International Development;

6 (2) specific and measurable goals, benchmarks,

7 and timetables to achieve the objective described in

8 subsection (a);

9 (3) an assessment of the level of resources that

10 are needed each year to achieve the goals, bench11 marks, and timetables described in paragraph (2);

12 (4) methods to mobilize and leverage the finan13 cial, technical, and managerial expertise of busi14 nesses, governments, nongovernmental organizations,

15 and civil society in the form of public-private alli16 ances;

17 (5) methods to encourage reforms and increase

18 the capacity of foreign governments to formulate

19 and implement policies that expand access to safe

20 water and sanitation in an affordable, equitable, and

21 sustainable fashion, including securing loans and

22 strategic planning;

23 (6) methods to coordinate and integrate United

24 States water and sanitation assistance programs

25 with other United States development assistance


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1 programs to achieve the objective described in sub2 section (a);

3 (7) methods to better coordinate United States

4 water and sanitation assistance programs with pro5 grams of other donor countries and entities to

6 achieve the objective described in subsection (a);

7 (8) methods to take into account the different

8 needs of countries with an absolute lack of resources

9 to expand water and sanitation access and countries

10 with the need to better allocate potentially sufficient

11 existing resources and the different activities appro12 priate to each, as well as countries with existing

13 markets for investment in water and sanitation and

14 countries without existing markets for investment in

15 water and sanitation; and

16 (9) methods to take into account the need for

17 an appropriate balance of grants, loans, investment

18 insurance, loan guarantees, and other assistance to

19 ensure affordability and equity in the provision of

20 access to safe water and sanitation for the very poor.

21 (c) REPORTS.—

22 (1) INITIAL REPORT.—Not later than 180 days

23 after the date of the enactment of this Act, the Ad24 ministrator of the United States Agency for Inter25 national Development shall submit to the approVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00723 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL

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1 priate congressional committees a report that de2 scribes the strategy required by subsection (a).

3 (2) SUBSEQUENT REPORTS.—Not less than

4 once every year after the submission of the initial re5 port under paragraph (1) until 2015, the Adminis6 trator shall submit to the appropriate congressional

7 committees a report on the status of the implemen8 tation of the strategy, progress made in achieving

9 the objective described in subsection (a), and any

10 changes to the strategy since the date of the submis11 sion of the last report.

12 (3) DEFINITION.—In this subsection, the term

13 ‘‘appropriate congressional committees’’ means—

14 (A) the Committee on International Rela15 tions and the Committee on Appropriations of

16 the House of Representatives; and

17 (B) the Committee on Foreign Relations

18 and the Committee on Appropriations of the

19 Senate.

20 SEC. l06. AUTHORIZATION OF APPROPRIATIONS.

21 (a) IN GENERAL.—There are authorized to be appro22 priated for fiscal year 2006 and each subsequent fiscal

23 year such sums as may be necessary to carry out this title

24 and the amendments made by this title.


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1 (b) OTHER AMOUNTS.—Amounts appropriated pur2 suant to the authorization of appropriations in subsection

3 (a) shall be in addition to the amounts otherwise available

4 to carry out this title and the amendments made by this

5 title.

6 (c) AVAILABILITY.—Amounts appropriated pursuant

7 to the authorization of appropriations under section (a)

8 are authorized to remain available until expended.


21698at.AAO
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Mr. BLUMENAUER. Thank you, Mr. Chairman. I have an amendment that would incorporate the Water for the Poor Act which has 

bipartisan support amongst our Committee. That is a companion 

bill to the Safe Water Currency for Peace Act which Senators Frist 

and Reid have introduced in the other body. 

It is a bill designed to address the number one killer in the 

world, the lack of access to safe water and sanitation. 

I won’t go through the statistics. I think Members of the Committee are knowledgeable about that. I am appreciative of the number of my colleagues that have cosponsored it. I am appreciative of 

the support from the Chair and Ranking Member of the Committee 

to be able to move this forward. Based on those assurances, I would 

withdraw the amendment at this point and look forward to working with the Chair and Ranking Member to have a hearing and 

markup on this stand-alone bill. 

Mr. SMITH OF NEW JERSEY. I want to thank Mr. Blumenauer for 

his earnestness in bringing forward this important legislation. 

Lack of water and poor sanitation has placed a very heavy toll on 

human life and caused suffering. As your bill notes, every 15 seconds a child dies because of lack of access to safe water and adequate sanitation. Chairman Hyde and this Committee will look forward to having a hearing and a markup of amended text of this 

legislation as agreed upon, with the hope of seeing this going to the 

House Floor. 

We also welcome working with our Senate colleagues to help 

bring an end to the suffering and troubled lives for billions of lives 

across the world. As the gentleman notes, diarrheal disease, one of 

the consequences of poor water, is the leading killer of children in 

the world. I thank him for his initiative here. 

Mr. SMITH OF WASHINGTON. Mr. Chairman. 

Mr. SMITH OF NEW JERSEY. The gentleman is recognized. 

Mr. SMITH OF WASHINGTON. Thank you. Not specific to this 

amendment, but I wanted to comment on the issue of poverty and 

thank actually the Chairman and Members of the Majority Party 

for agreeing to include a sense of Congress in the wording of the 

base bill on elimination of poverty in countries. This is an issue 

that many on the Committee have been working on, including Representatives Blumenauer and McCollum amongst others. 

I just really wanted to thank them for doing that. Really the 

focus of that legislation is similar to a piece of legislation that I am 

working on that Representative McCollum has introduced as well 

focusing on elimination of extreme poverty, which is people living 

in extreme poverty, less than $1 a day, about 1 billion people in 

the world in that situation. There are a number of groups, some 

in the Seattle area and beyond, who have gotten together to focus 

on this. It is a global initiative for reduction of world poverty headed up by Bill Gates, Sr., Bill Ruckelshaus, Bill Clapp and one other 

guy not named Bill, Dan Evans, and a number of other folks, trying to focus specifically on that extreme poverty. 

This makes it the stated goal of the United States to work in cooperation with all other countries and entities that are interested 

in doing this to the point where we eliminate extreme poverty and 

urge the President to use USAID, among other areas, in any way 

possible, applauds the President for the Millennium Challenge AcVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00726 Fmt 6633 Sfmt 6601 F:\WORK\FULL\060805M\21698.000 HINTREL1 PsN: SHIRL
721

counts and for some other ideas, but really attempts to put the 

United States foreign policy on record as making this a top priority 

in our foreign policy, is the elimination of extreme poverty and also 

focusing on poverty more broadly speaking, which is people living 

on less than $2 a day, which is another 2.7 billion people. 

I want to thank again the Majority and all the other people 

working on this issue, including this language in the State Department authorizing bill. We are continuing to work with all those interested in this issue to move forward this important policy initiative. 

With that, I yield back. 

Mr. SMITH OF NEW JERSEY. Thank you. 

Mr. Burton. 

Mr. BURTON. Thank you, Mr. Chairman. I have an amendment 

at the desk. 

Mr. SMITH OF NEW JERSEY. The clerk will designate the amendment. 

Mr. BURTON. Number 22, I believe, is the amendment. The title 

is young fellow with gray hair. You should be able to find that 

without any trouble. That was a joke. Nobody is laughing. Not even 

Delahunt. 

Ms. RUSH. Amendment offered by Mr. Burton of Indiana. At the 

end of title VIII of the bill add the following——

Mr. SMITH OF NEW JERSEY. Without objection, the amendment 

will be considered as read. 

Chairman Burton is recognized for 5 minutes in support of his 

amendment. 

[The amendment referred to follows:]

722


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H.L.C.

1 the appropriate congressional committees prior to the ini2 tial obligation of amounts for such assistance for the fiscal

3 year involved.

4 (b) CERTIFICATION.—A certification described in this

5 subsection is a certification that—

6 (1) assistance for the fiscal year will be pro7 vided only for individuals who have verifiably re8 nounced and terminated any affiliation or involve9 ment with foreign terrorist organizations;

10 (2) the Government of Colombia is continuing

11 to provide full cooperation with the Government of

12 the United States relating to extradition requests in13 volving leaders and members of the foreign terrorist

14 organizations involved in murder, kidnapping, nar15 cotics trafficking, and other violations of United

16 States law; and

17 (3) the Government of Colombia has established

18 a concrete and workable framework for dismantling

19 the organizational structures of foreign terrorist or20 ganizations that adequately balances the need for

21 both reconciliation and justice with concerns for fun22 damental human rights.

23 (c) DEFINITIONS.—In this section:


21698au.AAC
724

3

H.L.C.

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means—

4 (A) the Committee on Appropriations and

5 the Committee on International Relations of the

6 House of Representatives; and

7 (B) the Committee on Appropriations and

8 the Committee on Foreign Relations of the Sen9 ate.

10 (2) FOREIGN TERRORIST ORGANIZATION.—The

11 term ‘‘foreign terrorist organization’’ means an or12 ganization designated as a terrorist organization

13 under section 219 of the Immigration and Nation14 ality Act.


21698au.AAD
725

Mr. BURTON. Thank you, Mr. Chairman. We were down in Colombia not too long ago. One of the problems they have and we 

have is there are 11,500 former members of FARC and ELN and 

the drug cartels that have decided to get out of that business. They 

want to work within the system. They don’t want to work with the 

drug cartels or the terrorist organizations down there anymore. 

The problem is that they can’t get work. One of the things that 

the Department of Justice has said in the PATRIOT Act, that there 

can be no material support for terrorism, and that includes ex-terrorists being transported on American aircraft. 

Now, what they want to do down there is they want to put these 

guys to work eradicating opium and coca in various areas, and they 

need to be able to transport them out there. The Speaker of the 

House, when he was here, alluded to this in his remarks. The 

Chairman of this Committee, Mr. Hyde, is for this amendment. 

This is an amendment that would simply, very clearly define for 

Colombia and for this particular situation that those people who 

have renounced terrorism or renounced being involved with the 

drug cartel and want to work within the system can be transported 

to locations where they can help in the drug eradication program 

and make themselves citizens who are back in the system and not 

a problem. 

Now, the Government of Colombia is willing to pay them $8 a 

day, very minimum amount of money, but that will take care of 

their needs, in order to keep them out of the network. 

If we don’t deal with this, if we don’t do something about this 

right now, the chances are very good because of the poverty rate 

down there, because they are not making any money, that they are 

going to go back into the drug business and they are going to go 

back into working with FARC and the ELN and other groups. 

I think this is a very important amendment. It is one that will 

bring these people who are connected to these organizations out of 

the organizations. The ones who are already out want to work 

within the system, but they need to be able to be transported and 

be worked with in the drug eradication program. 

I think this is a very simple amendment, a very important 

amendment, and it is one that the Justice Department said is 

needed in order for us to be able to utilize these people. 

With that, Mr. Chairman, I will yield back my time. 

Mr. SMITH OF NEW JERSEY. The gentleman yield backs his time. 

Would anyone else like to be heard on the Burton amendment? 

Mr. LANTOS. Yes, Mr. Chairman. I want to commend my friend 

for offering a serious amendment. However, I am going to oppose 

it. You have distributed to every Member a letter signed by Senator Lugar and Senator Biden, the bipartisan leadership of the 

Senate Foreign Relations Committee, and Henry Hyde and me, basically opposing the substance of this amendment. If you read the 

letter, the arguments are all there. Time is late. I urge a no vote. 

[The information referred to follows:]

726


21698v.eps
727


21698w.eps
728

Mr. BURTON. Would the gentleman yield, please? 

Mr. LANTOS. I will be delighted to yield. 

Mr. BURTON. My good friend. There must be some misunderstanding because I am carrying this amendment on behalf of 

Chairman Hyde. So there has to be a misunderstanding. But I wish 

my colleague would reconsider. This is limited only to Colombia. It 

is intended to assist in bringing these people who are connected 

with the FARC, ELN and the drug cartels out of that system and 

back into the mainstream so that they can be a participant in a 

positive way in the economy. They want to do it. 

There is already 11,500 of them who are willing and able and 

wanting to make this change. If we don’t work with them in this 

way, then the Colombian Government cannot pay them $8 a day 

for the eradication program that they can be involved in. I am very 

concerned that a large percentage of them are going to go back into 

the jungles and work with these radical elements and be participants in the drug production program. 

Drugs are killing tens of thousands of Americans and maiming 

many others. We have been in this war against drugs for a long 

time. Here is a step that we can take that I think will help in that 

regard. I hope my colleague, whom I have the highest regard for, 

will reconsider his opposition. 

Mr. SMITH OF NEW JERSEY. Mr. Payne. 

Mr. PAYNE. Yes. Let me just say this came kind of cold to me 

here. But listening to Mr. Burton seems, it that it is difficult in 

some of these countries to try to get reforms and I think in some 

extraordinary situations we have to do things that we consider to 

be extraordinary. I think that may be an opportunity to take people 

who have decided that they want to change their way of living to 

be more productive citizens. I think that it could be very helpful. 

They probably are pretty tough individuals who would probably be 

able to do the job they have to do well. 

So I commend you for the resolution and speak in support of it. 

Mr. SMITH OF NEW JERSEY. Any other Member like to be heard? 

Mr. DELAHUNT. Yes, Mr. Chairman. 

Mr. SMITH OF NEW JERSEY. Who seeks recognition? 

Mr. Delahunt. 

Mr. DELAHUNT. I am very conflicted by this particular amendment. I appreciate the remarks and the sincerity of the remarks by 

Mr. Burton. My conflict is based on the fact that there have been 

many in Colombia that have talked about impunity that many of 

these individuals have committed, extremely heinous crimes. They 

are being provided an opportunity to walk away without real justice being done. 

At the same time, I think that we have to recognize that in Colombia there has been a civil war raging for some 40 years, that 

the rise of the paramilitaries since the end of the 1980s have 

wreaked and compounded further violence on the people of Colombia. It is almost as if there is a choice here between justice and 

peace. 

It is a hard one. The High Commissioner for Human Rights told 

a news conference back in May that she was concerned about a 

proposal being debated in the Colombian Congress that fails to 

729

compel warlords to confess their crime, return plundered goods and 

pay reparations to victims. 

At the same time, I recognize that it was a courageous act on the 

part of the Colombian Government to initiate talks and discussions, particularly with the AUC, a significant paramilitary group, 

and there has been progress made. 

I have always taken the position that if peace is going to be attained, as Mr. Payne indicated,—extraordinary things are going to 

have to happen, and people in Colombia apparently have made the 

decision that peace is paramount, at least from what I understand 

from reports about legislation pending in the Colombian Government. 

I would have preferred that this money would have been diverted 

to reparations to the victims of the crimes that have been committed. Presumably whatever occurs would not interfere with the 

extradition treaty that we have with Colombia. 

I would hope that as this legislation winds its way through the 

Colombian Congress that those who recidivate, who recommit 

crimes of violence are held accountable, not just simply for that 

particular crime but for their past crimes of violence perpetrated 

against victims. 

Having said all of that, we have to come down and make a choice 

here. It is a difficult one. 

Mr. BURTON. Before you make that choice, would you yield to 

me? 

Mr. DELAHUNT. Of course. 

Mr. BURTON. I like to catch you before you make your decision, 

Bill, Representative Delahunt. First of all, the Colombian Government has extradited people to the United States. They have been 

very, very cooperative with us. Their government down there has 

said one of the biggest problems that the cartel has is a lot of the 

people are leaving because they are tired of the fight. They want 

to get out. They want to get back in the mainstream. 

One of the things, in my opinion, that if we defeat this, that this 

will do is it will be giving aid and comfort to the drug leaders and 

to the terrorist groups down there. I know this is a very tough decision for a lot of people. The Government of Colombia believes that 

if they can give these people gainful employment, and if they committed heinous crimes where there is an extradition, they will work 

with us. They promised and the legislation demands, demands that 

these people be very tough on people who committed heinous 

crimes. Those who haven’t, of the 11,500 who want to be gainfully 

employed, they really want to give them a chance so that they don’t 

see a recidivism rate that is very high where they go back into the 

same situation they were in before. 

Bill, I hope you will think hard about this when it comes to a 

vote, because I love you, man. 

Mr. DELAHUNT. Well, I love you too, even though you are mostly 

wrong on your policy decisions. At the same time I think that what 

we have to do is to recognize that justice in this particular matter 

ought to be left to the Colombian people to determine. 

Peace impacts not just Colombia, but the entire hemisphere. I 

think at this point in time we have to be willing to make the risk 

for peace. Again, I applaud the Uribe Administration for entering 

730

into these negotiations. As you know, Chairman Burton, I am the 

only Member of Congress that flew into the Andes to speak with 

the FARC in an effort to advance the peace process. So I guess in 

the end I support this amendment and hopefully it will advance 

the peace process in Colombia. 

Mr. PAYNE. Mr. Delahunt, would you yield for a minute before 

you give back your time. I was going, you know, with the same 

kind of feelings, you know, no justice, no peace. However, we found 

in a number of places, if you are looking at, as you have said, at 

the people at the table, the people in the back of the bush are the 

ones that suffer. The RUF in Sierra Leone could not be defeated 

by the troops of Nigeria, Sierra Leone, the rest, government reconciliation, some of these people had to sit around the table. 

Northern Ireland, many of the ones elected after the Good Friday 

Accord, the people that had criminal records, had been in jail, been 

terrorists, killers—Mozambique, RENAMO, FRELIMO; Angola, 

UNITA. So at some point—South Africa—you just have to say I did 

it because I was bad and you walk, even though after all those 

years of apartheid. 

So I think that even in some extraordinary situations we have 

to think of the people who get hurt. That is the bottom part. It is 

the bare-footed mother in the back that hasn’t had a decent meal 

for her child for a long time. That is why I sort of anguished like 

you did and support Burton’s amendment. 

Mr. SMITH OF NEW JERSEY. Any other Members like to be heard? 

If not, the question occurs on the amendment offered by Mr. Burton. 

All those in favor say aye. All those opposed say no 

The ayes have it. The amendment is agreed to. 

The clerk will now report the Crowley amendment relating to fistula, number 21. 

Ms. RUSH. Amendment offered by Mr. Crowley of New York——

Mr. CROWLEY. Mr. Chairman, I move we waive the reading. 

Mr. SMITH OF NEW JERSEY. Without objection, so ordered. 

[The amendment referred to follows:]

731

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. CROWLEY OF NEW YORK

(Page and line numbers refer to the Amendment in the

Nature of a Substitute)

Page 171, line 9, after ‘‘treatment’’ insert ‘‘and prevention’’.

Page 172, after line 12, insert the following new

clause:

1 ‘‘(iv) Activities to expand access to

2 contraception services for the prevention of

3 pregnancies among women whose age or

4 health status place them at high risk of

5 prolonged or obstructed childbirth.’’.


21698av.AAB
732

Mr. CROWLEY. First of all, Mr. Chairman, I want to thank you, 

Chris Smith, for what you have initially put into this bill, in the 

base of the bill, in recognizing this severe problem that exists in 

the developing world. Along with my friend and colleague and cosponsor of this legislation, Congresswoman Woolsey, I would offer 

an amendment to address the needs on obstetric fistula. 

Let me say that, again, I think this is not critical of the amendment itself. We are trying to improve the amendment. Fistula is a 

horrible condition that generally is caused by several days of obstructed labor. The consequences of fistula are life shattering. The 

baby usually in the process dies, and the woman in this process is 

left with chronic incontinence. 

Moreover, a woman or a girl suffering from fistula is often ostracized by their husband and their families, left to fend for themselves, despite their debilitating affliction. Their ability to work 

and to be part of the community is severely diminished, and they 

generally become reliant on charity. 

Obstetric fistula used to be a significant problem here in the 

United States. The first fistula hospital was located where presently the Waldorf-Astoria now stands in New York City. Thankfully the women in New York and women in high-income countries 

will effectively never have to face fistula again. But for millions of 

girls and women who live in the developing world fistula is an all 

too real part of their everyday existence. 

While good data on fistula is scarce, in part because many girls 

and young women opt to suffer alone and in silence, a World 

Health Organization estimate holds that at least 50 to 100,000 new 

cases occur each year. The actual figures, especially in regions with 

high maternal mortality, are likely to be much higher. 

In fact, I met with a physician today who repairs fistulas in Nigeria. He said that Nigeria sees 20,000 cases of new cases of fistula 

each year. To use his words—and I quote—‘‘we can’t only treat 

these cases, we have to prevent them from happening in the first 

place.’’

I am pleased that the base bill addresses the fistula issue for 

providing the funding in the amount of $5 million per year of this 

bill for fistula treatment. I applaud again this Committee and in 

particular, Mr. Smith, for including this language on fistula in the 

underlying text of the bill. However, we do need to do both, prevention and treatment. Unless the incidents of fistula can be reduced 

to preventive activities, women and girls in the developing world 

will face a never-ending cycle of despair. The backlog of women 

needing surgical repair will never be erased. 

For many the most effective way to prevent fistula is through 

proper family planning. It would be nice to imagine that all young 

girls in the developing world who were especially vulnerable to fistula would be able to delay their first pregnancy, but that simply 

is not the reality for many young girls. Many of these young girls 

are already married and it is through family planning that they 

could best prevent fistula and best protect their futures. 

Moreover, malnutrition and other ravages of poverty can leave a 

women in the position of attempting to deliver a child when her 

body is underdeveloped. These young women are also at particular 

733

risk for fistula. For many of them family planning again is their 

best chance to prevent it. 

To be sure, we need to address the largest social issues that contribute to the problem. Girls education, general access to health 

care and women’s economic development and empowerment are all 

important parts of confronting the fistula tragedy. 

For many the simplest and best answer is to make family planning available to those who want to use it. In fact, one estimate 

finds access to maternal planning would reduce infant mortality 

and death by at least 20 percent. 

I thank this Committee for recognizing the impact of fistula, for 

expressing support for those who have already been afflicted by the 

condition. However, we also need to support the countless girls and 

young women throughout the developed world who have not yet 

been afflicted but are potentially at risk. As such, my amendment 

would see that the funding slated for fistula treatment would also 

cover fistula prevention. 

If we understand fistula to be a tragedy, as it truly is, then the 

best response must also include steps to prevent women and girls 

from ever having to face it in the first place. 

Just one other point that needs to be made. Many of these young 

girls in the developing world are being married at ages like 13 

years of age. Their bodies aren’t physically ready to be delivering 

children. Therefore, they find themselves in extended labor. The 

after effects can be horrific and indeed be life damaging for a 13-

year-old or anyone in their early teens. 

So with that, Mr. Chairman, I move the adoption of this amendment. 

Mr. SMITH OF NEW JERSEY. The Chair recognizes himself. Let me 

just thank Mr. Crowley for his kind words. Section 815 of this legislation is, in essence, legislation that I have introduced in the last 

Congress and this Congress that we carried over into this bill. 

As the gentleman points out, obstetric fistula is a preventable 

and a very treatable malady that affects, according to the World 

Health Organization, some 2 million women who are living with 

the devastating impact of fistula. 

WHO also estimates that between 50,000 to 100,000 women this 

year will develop this very debilitating and life threatening situation, which the gentleman points out so correctly is often caused by 

an obstructed labor, a long labor, 3, 4, 5 days. The baby usually 

dies, and where a C-section would provide the opportunity for the 

baby and the mother to be healthy, regrettably many of these 

women develop tears that lead to chronic incontinence. 

Part of what we are trying to do with this legislation is to set 

up not less than 12 centers—Africa has a disproportionate share of 

fistula cases. And I do accept the gentleman’s amendment, by the 

way. But we are hoping that for $300 or less, a woman can get the 

surgical operation, and her life can be restored. 

Many of these women are ostracized. It is a very, very debilitating, and, like I said, life threatening, but certainly a socially ostracizing and very disease-prone type of condition. So this legislation, though I certainly would accept the gentleman’s amendment. 

Would anyone else like to be heard? 

Mr. CROWLEY. I thank the gentleman for accepting. 

734

Ms. LEE. Let me just thank the Chair and also Mr. Crowley for 

this amendment, and just basically say this amendment could save 

the lives of millions of children and women. I am very proud that 

the Committee is adopting it on a bipartisan basis. 

Mr. SMITH OF NEW JERSEY. The question occurs on the amendment of Mr. Crowley. 

All those in favor say aye. Opposed, no. 

The ayes have it. The amendment is agreed to. 

Mr. Rohrabacher. 

Mr. ROHRABACHER. I have an amendment at the desk. 

Mr. SMITH OF NEW JERSEY. The clerk will report the amendment. 

Ms. RUSH. Amendment offered by Mr. Rohrabacher——

Mr. SMITH OF NEW JERSEY. Without objection, the amendment 

will be considered as read. 

Mr. Rohrabacher. 

[The amendment referred to follows:]

735

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. ROHRABACHER OF CALIFORNIA

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. SENSE OF CONGRESS REGARDING PROPERTY EX2 PROPRIATED BY THE GOVERNMENT OF ETHI3 OPIA.

4 It is the sense of the Congress that the Government

5 of Ethiopia should account for, compensate for, or return

6 to United States citizens, and entities not less than 50

7 percent beneficially owned by United States citizens, prop8 erty of such citizens and entities that has been national9 ized, expropriated, or otherwise seized by the Government

10 of Ethiopia before the date of the enactment of this Act

11 in contravention of international law.


21698aw.AAB
736

Mr. ROHRABACHER. Mr. Chairman, this should be a noncontroversial bill, basically a sense of the Congress that property 

confiscated by the Government of Ethiopia that belongs to United 

States citizens should be returned to them. 

This is especially important to me. I have a family in my district, 

an immigrant family from Ethiopia who are now United States citizens, whose business and property was confiscated by the Marxist 

government there 15 years ago. The current government has not 

returned it, not offered them just compensation. This is just a 

sense of the Congress saying the Ethiopian Government should return property owned by United States citizens or compensated. 

Mr. ISSA. Could we ask unanimous consent? 

Mr. SMITH OF NEW JERSEY. Without objection, the amendment 

is——

Mr. ROHRABACHER. That would be nice, yes. 

Mr. SMITH OF NEW JERSEY. I would just announce to my colleagues that we do have additional amendments. We are likely 

going have to roll this over to tomorrow morning at 10:30, reconvene and then complete the bill, as well as the bill for the resolution on Srebrenica. 

Mr. Issa. 

Mr. ISSA. Mr. Chairman, if I can take 2 minutes I can eliminate 

my three en bloc. 

Mr. SMITH OF NEW JERSEY. The gentleman is recognized. 

[The en bloc amendments referred to follow:]

737

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. ISSA OF CALIFORNIA

(Amendatory Instructions Refer to the Amendment in the

Nature of a Substitute)

Strike subsection (f) of section 811 of the bill (relating to transfer of certain interest for Egypt).


21698ax.AAB
738

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. ISSA OF CALIFORNIA

(Amendatory Instructions Refer to the Amendment in the

Nature of a Substitute)

Page 166, after line 8, insert the following new subsection (and conform subsequent subsections accordingly):

1 ‘‘(g) NATIONAL SECURITY WAIVER.—The President

2 may waive any of the requirements of this section if the

3 President certifies to Congress that it is in the national

4 security interests of the United States to do so.’’.

Page 168, after line 18, insert the following new

subsection:

5 (g) NATIONAL SECURITY WAIVER.—The President

6 may waive any of the requirements of subsections (d), (e),

7 and (f) of this section if the President certifies to Congress

8 that it is in the national security interests of the United

9 States to do so.


21698ay.AAB
739

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. ISSA OF CALIFORNIA

(Amendatory Instructions Refer to the Amendment in the

Nature of a Substitute)

Strike subsection (d) (relating to military assistance

levels for Egypt; transfer requirement) and subsection (e)

(relating to cash-flow financing for Egypt) of section 811

of the bill and insert the following new subsection (and

redesignate subsequent subsections accordingly):

1 (d) MILITARY ASSISTANCE LEVELS FOR EGYPT;

2 TRANSFER REQUIREMENT.—

3 (1) IN GENERAL.—For each of the fiscal years

4 2006, 2007, and 2008, the amount that exceeds

5 $1,260,000,000 that is available for assistance for

6 Egypt under section 23 of Arms Export Control Act

7 (22 U.S.C. 2763; relating to the ‘‘Foreign Military

8 Financing’’ program) shall be made available to

9 carry out one or more of the activities described in

10 paragraph (2).

11 (2) ACTIVITIES DESCRIBED.—The activities de12 scribed in this paragraph are the following:

13 (A) Training exercises with the military or

14 security forces of Iraq and Afghanistan.


21698az.AAB
740

2

H.L.C.

1 (B) Anti-terrorism operations in the border

2 region of Egypt with Israel.

3 (C) Security operations to protect United

4 States Navy vessels transiting the Suez Canal.

5 (D) Regional humanitarian relief missions.


21698az.AAC
741

Mr. ISSA. I would ask that my additional three amendments be 

distributed so the Members would have them. I am offering them 

but will be withdrawing them. I will consider whether it becomes 

necessary to deal with this on the Floor. I believe here today we 

have probably pretty well educated people to the problem of the difference in opinion between the Chairman and Mr. Lantos and some 

of the other Members. 

I would ask that you consider and look at some of the other overall alternatives and ask all of my colleagues to take the opportunity 

to get more familiar with what the Egyptian Government does do 

in cooperation with us and perhaps some who see Mr. Lantos’ 

statements, which I also see, will also realize that this may not be 

the right conclusion to reach, even though we can all agree on 

many of the problems. 

With that I yield back, and I withdraw the amendments. 

Mr. SMITH OF NEW JERSEY. I have an amendment at the desk. 

It is a technical amendment. 

Ms. RUSH. Amendment offered by Chris Smith——

Mr. SMITH OF NEW JERSEY. Without objection, the amendment is 

considered as read. It is a technical amendment simply, and I 

would urge its adoption. 

[The amendment referred to follows:]

Mr. SMITH OF NEW JERSEY. Without objection, the amendment is 

accepted. 

Let me again thank the Members. 


21698x.eps
742

Because I know Ms. Lee has two amendments and we have an 

additional amendment by Mr. Crowley, we will have to roll over 

until tomorrow because I do think they deserve time and the focus 

that a debate will allow. 

We will recess until 10:30 tomorrow morning, and we will take 

up the Issa resolution and complete the amendment. 

[Whereupon, at 7:20 p.m., the Committee was adjourned.]

(743)

UNITED NATIONS REFORM ACT OF 2005; FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2006 AND 2007; 

AND EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES REGARDING THE MASSACRE AT 

SREBRENICA IN JULY 1995 (CONTINUED) 

THURSDAY, JUNE 9, 2005

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON INTERNATIONAL RELATIONS, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:48 a.m., in room 

2172, Rayburn House Office Building, Hon. Henry J. Hyde (Chairman of the Committee) presiding. 

Chairman HYDE. The Committee will come to order. 

When the Committee recessed yesterday pursuant to a unanimous consent agreement, there were three amendments remaining 

to be disposed of. Subsequent to the disposition of these amendments, we will proceed to final passage. The clerk will report the 

Lee amendment number 24. 

Ms. RUSH. Amendment offered by Ms. Lee of California. At the 

appropriate place in the bill, insert the following new section (and 

conform the table of contents accordingly): Report on United States 

Weapons Transfers, Sales, and Licensing to Haiti. Report.—Not 

later than 180 days after the date of the enactment of this Act, the 

Secretary of State shall submit to the appropriate Congressional 

Committees a report on all United States weapons transfers, sales, 

and licensing to the Government of the Republic of Haiti for the 

period beginning on October 4, 1991, and ending on the date of the 

enactment of this Act. 

(b) Contents.—The report required by subsection (a) shall included a detailed description of each of the following: (1) The 

names of the individuals or governmental entities to which weapons were transferred, sold, or licensed——

Ms. LEE. Mr. Chairman, I ask unanimous consent to suspend the 

reading. 

Chairman HYDE. Does the gentlelady ask that the amendment be 

considered as read? 

Ms. LEE. Right. Thank you. 

[The amendment referred to follows:]

744


21698y.eps
745


21698z.eps
746

Chairman HYDE. The Chairman will state that we have reviewed 

the amendment as it has been amended, and we have no objection 

to it. And so if the gentlelady wishes, we will accept that amendment and move on. 

Ms. LEE. Thank you, Mr. Chairman. 

Chairman HYDE. Very well. The amendment is agreed to, and 

Mr. Crowley, number 23, is next. 

Ms. RUSH. Amendment offered by Mr. Crowley of New York——

Mr. CROWLEY. Mr. Chairman? Mr. Chairman? 

Chairman HYDE. Without objection, further——

Mr. CROWLEY. I have a substitute of the amendment 23 at the 

desk, and I ask unanimous consent to replace the previous amendment. 

Chairman HYDE. The clerk will report the amendment. 

Ms. RUSH. Amendment offered by Mr. Crowley of New York. At 

the end of Subtitle B of Title IX, add the following new section: 

Section——

Chairman HYDE. Without objection, further reading of the 

amendment is dispensed with. 

[The information referred to follows:]

747


21698aa.eps
748

Chairman HYDE. Mr. Crowley is recognized for 5 minutes in support of his amended amendment. 

Mr. CROWLEY. Thank you, Mr. Chairman, and thank you for your 

cooperation. 

Looking back at Operation Iraqi Freedom, there are many who 

have—there are many ‘‘what would have’s,’’ ‘‘what could have’s,’’ 

‘‘what should have’s’’ taken place, and not only the President and 

the Secretary of Defense should have certainly planned for, but 

also what we in Congress on both sides of the aisle should have anticipated. 

When the history of Operation Iraqi Freedom is written, a major 

part of that will be how the U.S. Congress, both parties, have lost 

the traditional role of oversight over the Administration and over 

this war. You cannot hide behind patriotism and the war on terror 

and not say that what this Administration has done from Abu 

Ghraib to a lack of intelligence is wrong. From the waste, fraud, 

and abuse of Halliburton to the lack of armored vehicles to the 

shortage of boots on the ground, this entire war has been poorly 

planned and executed by this Administration. And those who have 

suffered the most have been our troops, our young men and 

women. Their service and their dedication to not only protecting 

our country but bringing about a new Iraq for the Iraqi people has 

been exceptional. 

Over 2 years ago, I voted to give this President the authority to 

wage war in Iraq. Saddam Hussein, I believe, was a threat not only 

to the United States but to the region and also to the Iraqi people. 

I am proud that the United States and our troops captured Saddam 

Hussein. I am proud that the Iraqi people turned out in record 

numbers to vote in a new Constitution. I am proud that the Iraqi 

people themselves are tasting the first bites of freedom, of Shiites 

and Sunnis and Kurds and Christians coming together to build a 

true free country, free from tyranny and free from Saddam Hussein. 

These successes have also been marked with true failures and serious hardships and tragedies. Innocent Iraqis have been impacted 

in many respects as greatly as the men and women of our own 

armed forces. I knew, as did my constituents, that the sacrifices 

could and would be high. We would all agree that any loss of American life is tragic. The loss on account of lack of body armor, lack 

of protective vehicles, lack of planning are unconscionable and unacceptable. 

Others have spoken about the President’s drafting a plan as soon 

as possible to provide for the removal of the troops. I think that 

that is a laudable goal. But removal is not what we need. What we 

need from this Administration is a success plan. Removal without 

success and security will not help the Iraqi people. Removal without stability cannot happen. 

I quote the former Secretary of State Colin Powell, a fellow 

Bronx native, who said: ‘‘If you broke it, you own it.’’ Otherwise 

known as the Pottery Barn rule of law, as he called it. 

My amendment also asks for withdrawal. But my amendment 

asks for a success plan before the withdrawal takes place, a plan 

from this Administration on how we will be providing for a stable 

749

and secure Iraqi Government and a military and police force in 

Iraq that will allow the United States presence to be diminished. 

I agree with many respected foreign relations experts who say 

that we need a success plan in Iraq. We created this problem. We 

need to work together to fix it. We need to hold this Administration 

accountable on a plan of success to restore security to the people 

of Iraq and that region. 

I urge my colleagues to support this amendment, and I yield 

back the balance of my time. 

Chairman HYDE. The Chair is prepared to accept the gentleman’s 

amendment. Without any further discussion, the amendment is 

agreed to, and the clerk will read Lee amendment number 27. 

Ms. RUSH. Amendment offered by Ms. Lee of California. At the 

end of title VIII of the bill, insert the following new section (and 

conform the table of contents accordingly): Section—. Assistance to 

Promote Economic and Social Development——

Chairman HYDE. Without objection, further reading of the 

gentlelady’s amendment is dispensed with. 

[The information referred to follows:]

750

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MS. LEE OF CALIFORNIA

(Amendatory Instructions Refer to the Amendment in the

Nature of a Substitute)

At the end of title VIII of the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. ASSISTANCE TO PROMOTE ECONOMIC AND SO2 CIAL DEVELOPMENT IN COLOMBIA.

3 (a) AUTHORIZATION.—The President is authorized to

4 furnish assistance, on such terms and conditions as the

5 President may determine, to promote economic and social

6 development in Colombia.

7 (b) ACTIVITIES SUPPORTED.—Assistance provided

8 under subsection (a) shall, to the maximum extent prac9 ticable, be used to carry out the following activities:

10 (1) The promotion of sustainable economic de11 velopment in rural areas of Colombia.

12 (2) The strengthening of civilian government in

13 rural areas of Colombia.

14 (3) The protection of human rights, the rule of

15 law, and democratic institutions in Colombia.


21698ba.AAB
751

2

H.L.C.

1 (c) FUNDING.—Of the amounts made available for

2 each of the fiscal years 2006 and 2007 to carry out section

3 481 of the Foreign Assistance Act of 1961 (22 U.S.C.

4 2291) to support counterdrug activities in the Andean re5 gion of South America, 40 percent of such amounts for

6 each such fiscal year is authorized to be available to carry

7 out this section.


21698ba.AAC
752

Chairman HYDE. The gentlelady is recognized for 5 minutes in 

support of her amendment. 

Ms. LEE. Thank you, Mr. Chairman. This amendment hopefully 

is non-controversial, and it is based upon the hearing that we participated in on Plan Colombia just last month. 

What this amendment does is it would make a small increase, 

from about 33 percent to 40 percent, in the percentage of funds 

dedicated for alternative economic and social development, especially in rural areas. Furthermore, it would strengthen civil governance, encourage human rights protections, maintain the rule of 

law, and protect democratic institutions as funded by the Andean 

Counter-Drug Initiative through the Bureau for International Narcotics and Law Enforcement. 

Now, I would like to be clear on this. This amendment does not 

increase the amount of money for ACI. It simply makes a very 

small increase in the percentage of funds used for alternative economic and social development, democracy, the rule of law, and 

human rights protections within the source of Plan Colombia funding. That is within the funding. 

President Bush’s fiscal year 2006 budget request already reflects 

the importance of existing efforts in rural areas and strengthening 

the governance and presence of civilian officials. In the final consolidated appropriation, the percentage for alternative development 

and institution building within ACI was 36 percent. This means 

that my amendment is only 4 percent above last year’s allocation. 

If we concentrate efforts on Colombian civil governance institutions now, eventually they will be able to reassert leadership in 

containing the civil war and providing alternative solutions to more 

vulnerable communities. In his testimony before this Committee 

last month, Roger Noriega, Assistant Secretary of State for the Bureau of Western Hemispheric Affairs, stated—and this is his quote. 

He said:

‘‘There is no single explanation for the wide range of Colombia’s troubles, but they are rooted in traditionally limited government presence in large areas of the interior, a history of 

civil conflict, violence, and deep social inequality. Overall goals 

will include support for programs that help countries to consolidate democracy, assert control over their entire national 

territories, and extend government services to their citizens.’’

So this amendment would do exactly that, and it is simply a consistent continuation of existing policy. It is a very small effort to 

support the existing framework for Colombians and others in Latin 

America to increase their role in providing basic services, support, 

and economic alternatives for those who are in the greatest need. 

I hope that this very small step now will reap benefits in the future, that it will wean Colombians from United States assistance, 

and make the country more secure for investments and sustainable 

development in the future. So I urge my colleagues to look at this 

amendment and support this very moderate amendment, which 

supports progress in the areas that I think this Full Committee 

would support, and urges a continuation of these efforts. 

Thank you, and I reserve the balance of my time. 

Mr. BURTON. Mr. Chairman? 

753

Chairman HYDE. The gentleman from Indiana, Mr. Burton. 

Mr. BURTON. Mr. Chairman, I am sure my colleague is very well 

intentioned, and I have high regard for her and her hard work, especially working on things like this amendment. I do disagree with 

her, though, and I would like to explain why. 

Right now, 27 percent of the money that we are giving under 

Plan Colombia, according to the information I have, goes for economic assistance. President Uribe, who has been a stalwart in 

fighting against the war against drugs and against terrorism in Colombia, is not supportive of this, according to what I understand. 

He continues to have to fight the forces of terrorism and the forces 

of the drug cartels down there. And they have to focus their attention on defeating that enemy, at the same time providing for a 

strong and growing economy. He has been able to do that. He is 

a very good friend. We are very fortunate to have him as President 

of Colombia at this time even though his life has been threatened 

time and time again. I think the last thing that we want to do 

right now is reduce the amount of assistance that we are giving 

them for the war on drugs and the war against terrorism, FARC, 

ELN, and the other guerrilla movements. 

So while I have high regard for the lady who sponsors the 

amendment, I really believe this is the wrong message to send 

right now. We have got to win this war on drugs, against drugs, 

and we have got to win this war against the terrorists. Uribe is 

doing everything he can right now, and for that reason, with great 

respect, I oppose this amendment and hope my colleagues will as 

well. 

Chairman HYDE. The gentleman from California, Mr. Lantos. 

Mr. LANTOS. Thank you very much, Mr. Chairman. 

Mr. Chairman, the amendment of my good friend and Bay Area 

neighbor, Barbara Lee, deserves full support. Our assistance to Colombia through Plan Colombia and its successor program is critical 

for strengthening the most viable democracy and the most loyal 

United States ally in the Andean Region. 

Colombia faces many challenges in addition to fighting the 

scourge of narcotics trafficking. Poverty is endemic in much of the 

countryside. Police, judges, prosecutors, doctors, and teachers are 

often not present in many small towns and hamlets because of the 

security situation and the lack of resources of the Colombian Government. Ms. Lee’s amendment would seek to ensure that as we 

support the efforts of the Uribe Administration to beat back the 

terrorists and their drug-dealing accomplices, we also provide resources to President Uribe so that he can extend basic government 

services to those most in need. 

Extending the benefits of democracy and the rule of law to the 

majority of Colombians is the best antidote against the poisonous 

rhetoric of terrorists or the populist appeals of Chavista-like leaders. 

Mr. Chairman, I strongly support Ms. Lee’s amendment and urge 

all of my colleagues to do so. 

Chairman HYDE. The gentlelady from Florida, Ms. Harris. 

Ms. HARRIS. Thank you, Mr. Chairman. 

Mr. Chairman, I want to thank the gentlewoman from California 

for her thoughtful analysis in this, but if you recall back on March 

754

17th when Speaker Hastert testified, he said that it was absolutely 

critical that we stay the course on this narcoterrorism and bring 

peace to Colombia. We visited there and we saw firsthand how the 

narcoterrorists are growing the coca, are working in the fields. And 

right now the United States has done such an amazing job in helping support Colombia in building up the hard side, the military efforts so that we can fight the narcoterrorists there. 

I understand your interest in wanting to look at these rural alternative livelihoods, but I am very concerned about changing 

gears at this point. Under the terms of Plan Colombia, the United 

States was to do the heavy lifting on the military side, and we are 

already providing $120 million. I would be deeply concerned if we 

retreated on the military side. The EU has made commitments to 

fulfill their soft side. I think we should look to the EU and press 

them further to live up to those commitments. We were in negotiations at a parliamentarian effort in Europe and reminded them of 

their commitments. I think we really need to press the EU to move 

forward and fulfill that. But at this point I would think we would 

put ourselves in jeopardy as well as those we have made commitment to if we were to retreat on our commitment and enhance the 

rural soft side. 

Thank you, Mr. Chairman. 

Chairman HYDE. Thank you. Is there any——

Mr. DELAHUNT. Mr. Chairman? 

Chairman HYDE. Mr. Delahunt. 

Mr. DELAHUNT. I don’t think there is any disagreement that we 

wish to support the efforts to reduce the flow of cocaine and heroin 

into the United States and assist the Colombian Government in 

terms of bringing order and stability and peace back to their society that has been plagued too long by violence. But it is clear that 

it is not going to simply happen if the sole focus is on the hard 

side, the so-called military side. And, therefore, I think that this is 

a minor change in terms of the balance between support for economic and social development, which is absolutely a prerequisite if 

we are going to have any success in the long term in terms of defeating terrorism and reducing the influence of the narcotrafficker 

in Colombia. 

But there is something else that has to be discussed and I think 

it should be part of a hearing. I would recommend this to Mr. Burton, who chairs the Committee on the Western Hemisphere. It is 

that the percentage of GDP in Colombia that goes to revenues to 

support these efforts is some 14 percent. Here in the United States, 

American taxpayers in terms of GDP are asked to take 20 percent 

of the GDP to fund public services, obviously domestic as well as 

services such as this. 

I guess what I am saying is are we asking the Colombian people—I heard someone allude—I think maybe it was Mr. Burton—

to the fact that the Colombian economy is doing rather well now. 

I guess the issue is: Are we paying more than our fair share in 

terms of this particular effort, this particular policy? And that is 

something that has to be examined. 

Why should the American taxpayer be asked to bear a disproportionate share of the burden? That is what this is about. You know, 

we have many nations in Latin America where the compliance and 

755

enforcement of their tax laws is not very positive. You know, prior 

to the election of the Uribe Government, Colombians were paying 

less than 10 percent of every dollar they had for tax revenues. Here 

in the United States, it is 20 out of every $100. How can we ask 

the American taxpayer to continue to support this effort when we 

really do not know—at least I have never heard of what the contribution of the Colombian Government is to this effort in terms of 

percentage of their revenues and their GDP. 

Furthermore, we talk about what is happening on the hard side, 

the military side. I just recently visited the Joint Task Force in Key 

West. We have intelligence that is excellent in terms of the transport of narcotics through the Caribbean and through the Pacific, 

and we, the United States, do not have the assets that are necessary to interdict the flow of drugs. Maybe we should be spending 

more of our dollars that go to this effort on the purchase of American assets to interdict the drugs that are coming into this country, 

particularly when we have the intelligence that is available to us 

and yet we can do nothing about it. 

But, again, going back to Congresswoman Lee’s amendment, I 

think it makes sense, and I urge its adoption. 

Chairman HYDE. The gentleman’s time has expired. 

Mr. Weller from Illinois. 

Mr. WELLER. Thank you, Mr. Chairman. And with all due respect to my friend and colleague from California, I wish to state my 

opposition to her amendment, which I believe is well intentioned. 

Plan Colombia is working. We are seeing progress. Today there 

is an estimated 30,000 terrorists in Colombia affiliated with three 

different terrorist organizations—two on the left, one on the right. 

Many of these terrorists are involved in one basic function—that is, 

the production of illegal drugs. They are narcotraffickers. 

In the district I represent in Illinois, 85 percent of the cocaine 

consumed in Illinois comes from the Andean Region, from Colombia. One-half of the heroin consumed in the district that I represent originates in the Andean Region. 

Again, we are making progress, and I commend President Uribe 

and his strong leadership in making progress. Today, for the first 

time, there is government presence in every municipality in Colombia, for the first time in a long time, where the elected Government 

in Colombia, which is the second oldest democracy in our hemisphere, our ally—they share our values—are looking to us as partners as they do a job for us to stop the flow of drugs at the source. 

Now, my friend would like to reduce the investment when it 

comes to providing the support for Plan Colombia and shift it to 

some very well-meaning ideas, some well-meaning programs. 

Today, 40 percent of the cocaine that goes from Colombia now goes 

to Europe, and we, of course, have been working to partner with 

our European friends. And for those who argue for multilateralism, 

Plan Colombia, we have to remember, is a multilateral program. 

And we look to our European friends to honor a commitment that 

they made where they promised to invest in what we call the soft 

side of assistance, which is rural development and other various social programs that we all support. And as part of our bargain with 

our European allies and winning the war against narcotraffickers, 

winning the war against those who finance terrorism by the sales 

756

of narcotics, it was the Europeans who are going to pick up this 

portion while the United States emphasizes assistance on military, 

security, and law enforcement. And, again, we are making progress 

with the reduction of various horrible crimes that are committed by 

the narcotrafficking terrorists. 

Ladies and gentlemen, I have great respect for my friend and colleague from California. I know she is well meaning. However, our 

European friends have made this commitment. We should work to 

make sure they honor it. However, let’s not pull the rug out from 

under Plan Colombia, which is succeeding, by supporting this 

amendment. I urge a no vote, Mr. Chairman. Thank you. 

Chairman HYDE. Is there any further discussion? 

Mr. CROWLEY. Mr. Chairman? 

Chairman HYDE. The gentleman from New York. 

Mr. CROWLEY. I would like to yield some time as she may consume to the gentlelady from California. 

Ms. LEE. Thank you. I would like to thank the gentleman for 

yielding. I would just like to take a moment and respond to a couple of the points raised. 

First of all, this amendment does not increase the amount of 

funding overall. What it does is increase the percentage. Drugs, 

and the fact that many of our communities are feeling and have 

felt the result of the inflow of drugs—heroin, cocaine—is really a 

concern that all of us share, and I think we have not seen over the 

last few years any diminution in the inflow of these drugs. 

One of the issues that I am trying to accomplish here is to develop a more sustainable effort with regard to the growing of these 

crops. And if, in fact, these farmers do not have the resources they 

need to grow alternative crops, they will continue to do this. And 

so this is going to be a vicious cycle. 

The fact that this must be a comprehensive approach is what I 

am—the point I am trying to make is that it must be comprehensive and that we must lean toward a long-range solution; otherwise, we are going to keep going in circles on this. And a long-term 

solution is providing for the long-term economic development efforts of the farmers, putting more resources to democracy-building 

and strengthening civil government. And so we are just talking in 

this amendment with regard to why I am doing this and why I 

think the shift needs to occur is primarily to create more balance 

and a more long-term sustainable type of effort so that we win this 

war on drugs and so the farmers have a way to survive. 

Mr. FALEOMAVAEGA. Would the gentlelady yield? 

Ms. LEE. Yes, I yield. 

Mr. FALEOMAVAEGA. I commend the gentlelady, my colleague 

from California, for her proposed amendment. I recall years ago the 

former President of Colombia made a very interesting observation 

about our problems with the drug cartels. And his statement was, 

as I recall, that if there wasn’t so much demand for drugs from our 

own country, then maybe there would be no reason for them to 

grow these crops and cause all the problems. 

It seems that we are always putting the blame on their countries, but what are we doing in our own country in getting after 

the cartels selling the drugs in our own country? And I think that 

is exactly the point that the gentlelady’s amendment addresses. It 

757

is not just a problem of Colombia growing the crops. It is the demand, the consumption demand of our own country why we are 

having this problem. And I fully support the gentlelady’s concerns, 

and I think she is right on the mark, and I urge my colleagues to 

support the amendment. 

Chairman HYDE. Mr. Payne of New Jersey. 

Mr. PAYNE. Thank you very much, Mr. Chairman. I certainly 

stand in strong support of the Lee amendment. I think that as she 

indicated, this would simply make a small increase in the percentage of funds dedicated for alternative economic and social development in rural areas, strengthening civil governance, encouraging 

human rights protection, maintaining the rule of law, and protecting democratic institutions as funded by the ACI through the 

Bureau of International Narcotics and Law Enforcement, the INL. 

I think that this is very similar to the amendment that was proposed yesterday by my good colleague, the Ranking Member of this 

Committee, Mr. Lantos. As you may recall, in the debate, which 

won overwhelmingly, Mr. Lantos said that in the appropriations for 

funds to Egypt, he felt there should be a shifting of the funds going 

into the military and that there should be a proportion of it that 

would go for human development, would go for governance, would 

go for alleviating poverty, would go toward creating a better economic condition in that area. And I think that the Lee amendment 

is exactly the same. 

We are saying do not increase or decrease, have no impact on the 

overall amount of money, but let’s take the money that we are 

using for eradication for the military, for the rest, and take a small 

portion of that and use it for these things that I mentioned earlier 

that it would increase. 

I think that this resolution makes sense. I think that the same 

way that the Lantos amendment overwhelmingly won yesterday, 

this is absolutely the exact same concept, the exact same philosophy, the exact same thrust to work with the people. Many times 

we can succeed much more with a plan to build the people up rather than simply build up the authorities, and so it would appear to 

me that this amendment is timely, it makes sense, and I would 

urge the Committee to support the Lee amendment.. 

Mr. BURTON. Would my colleague yield briefly? 

Mr. PAYNE. Yes, certainly. 

Mr. BURTON. First of all, as I recall, I think I supported the Lantos amendment. I think it made a lot of sense. I don’t think it is 

the same kettle of fish as what we are talking about today though, 

Don. The situation we have down there is we are fighting against 

a series of drug cartels, we are fighting against the FARC and the 

ELN, and they are trying to undermine that government. If we 

were to lose the war and Plan Colombia didn’t work, you would 

have mass immigration of people coming north because of the destabilization of that country and the surrounding areas. 

And so the number 1 issue, in my opinion, down there is to win 

the war against these terrorists and the drug cartel. I think it is 

extremely important. Obviously, part of that is the economic issue, 

and that is why 27 percent of the money that we give to them goes 

for those purposes, but the number 1 responsibility is to win the 

758

war against the cartels and the terrorists down there, and I think 

that is a little different kettle of fish than what we had in Egypt. 

Mr. PAYNE. Reserving my time, I just want to respond that poverty is really creating a lot of destabilization. I think that we are 

missing the boat as your amendment, which I supported, which 

said take former terrorists, put them on U.S. planes. We said that 

we should never, that there should not—these folks should have a 

prison rather than transport on U.S. planes. However, it was a specific thing which I thought about and agree with your amendment 

that the former FARC, the 11,000 that were ready to change their 

way of life, should be given this opportunity. And so I think that 

in specific areas we ought to make specific things, and I will just 

yield back the remainder of my time to Ms. Lee. 

Hurry up, Ms. Lee. 

Ms. LEE. Very briefly, I just wanted to reiterate a couple of 

points with regard to this amendment. This amendment supports 

police assistance, military assistance. But I don’t think any of us 

believe that we can win this war when after the Colombian Army 

leaves certain areas, and there is a void and there is a vacancy, 

that there is no choice but to cooperate with the guerrillas and the 

paramilitary. Those are the entities that are going to fill the vacancies. 

If you don’t have a sustainable development effort taking place, 

and if you don’t have the rule of law and democracy building and 

civil organizations filling that void, we are going to be back where 

we started, and so I wanted to make that perfectly clear that this 

just increases by a small percentage our goal of creating a longterm sustainable effort. It does nothing in terms of the police assistance or military assistance, which actually is——

Chairman HYDE. The gentlelady’s time has expired. 

Mr. Green. 

Mr. GREEN. Thank you, Mr. Chairman. I would like to yield my 

time to the gentleman from Illinois, Mr. Weller. 

Mr. WELLER. I want to thank my colleague from Wisconsin for 

his courtesy, and again speak in opposition to my friend from California’s amendment, which I believe is bad policy and pulls the rug 

out from under not only the Colombian military, but Colombian 

law enforcement and the democratically-elected Government of Colombia. 

We as United States policy have been investing in sustainable 

agriculture, sustainable development. I personally have visited 

projects in Popayan, an area which originally was controlled by the 

left-wing FARC, one of the terrorists groups there, and of course 

now is returning to its historic role as a coffee-growing region. 

USAID has successful programs working with individuals who used 

to be known as cocaleras are now known as capiteras because they 

have gone from being coca-growers to coffee-growers. They are benefiting from the initiative of the Bush Administration for the 

United States to rejoin the International Coffee Organization, and 

in the almost 2 years since the United States rejoined the International Coffee Organization, we have seen an increase in global 

coffee prices, on average are well over a dollar, and for specialty 

coffees much more, and income that can be available, and of course 

that provides a real alternative. 

759

So we do have programs, and right now we spend 1 out of every 

4 dollars that we invest in Plan Colombia is in these type of programs. 

Let us look at the facts here. The people that we are dealing with 

are pretty bad people. People often think the terrorists are centered 

in the Middle East. One of the worst terrorist groups in the world 

is the FARC, centered in Colombia. The FARC, outside of Cuba, is 

the only entity holding political prisoners. There are almost 65 political prisoners held by the FARC, including a Presidential candidate, elected officials, judges, mayors and other officials. And I 

might note that they have been holding three Americans for almost 

2 years. These are bad people. 

And if we reduce our support for law enforcement, which is 

spreading its presence into the municipalities throughout Colombia, we pull the rug out from under them, and that is why it is so 

important. 

As for the point that several of my friends have said, where there 

has been no impact here in the United States, I can tell you. We 

had a hearing, and I believe several of my colleagues joined me at 

that hearing, just talking about the progress being made on Plan 

Colombia. And according to the Drug Enforcement Administration, 

our own numbers, we have seen a 17 percent reduction in heroin 

purity on the streets of the United States as a result of Plan Colombia. And from the standpoint of my own State, statistics have 

shown that we have seen a one-third reduction of heroin admissions in Chicago, again as a result of Plan Colombia. 

Right now 1 out of every 4 dollars we provide to Plan Colombia 

goes to social programs, and we are making progress. 

But we are also making progress on the military and police front 

in the effort to stamp out the terrorists. My good friend said, you 

know, if we reduce our military presence in Colombia then the terrorist guerrillas, the FARC, the ELN, the right-wing paramilitaries 

will just come back into town. That is why our assistance is so important, to make sure that law enforcement has the resources, the 

professional training to be able to maintain a security presence in 

those communities. The reason the left-wing terrorist group FARC 

comes in and kidnaps mayors is because they detect a weak security presence. We are changing that. Plan Colombia is working. 

And today because of Plan Colombia, there now is a government 

presence, military, law enforcement, as well as a Federal Government presence in every municipality in Colombia. 

Again, by adopting this amendment, we pull the rug out from 

under our efforts. Let us keep the plan that is working in progress. 

Let me remind everyone, today, 27 percent, 1 out of every 4 dollars 

we invest in Plan Colombia is going to social development programs. It is a good balance. It is working. Let us keep it working. 

I urge a no vote. 

I want to thank the gentleman from Wisconsin for his courtesy. 

Mr. GREEN. And I yield back, Mr. Chairman. 

Chairman HYDE. The Chair says that there will be three votes 

ahead of us before we can pass this bill. We expect a vote within 

15 minutes on the Floor, so I would like to foreclose this fascinating debate and move on to final passage. 

760

So the question is on the Lee amendment. Those in favor say 

aye. 

Opposed, nay. 

Mr. LANTOS. On that, Mr. Chairman, I request a rollcall, as well 

as on the previous Crowley amendment. 

Chairman HYDE. An entirely reasonable request. Before we do 

that, Mr. Crowley was unhappy that he didn’t get a rollcall on 

his——

Mr. CROWLEY. No unhappiness was expressed, Mr. Chairman. 

Chairman HYDE [continuing]. Amendment that we accepted. So 

we shall—this is probably improper, but let us get rid of the issue. 

Having voted on the prevailing side on the Crowley amendment, I 

move that the vote by which that passed be reconsidered. All those 

in favor say aye. 

Opposed, nay. 

The ayes have it. The motion is reconsidered, and the clerk will 

call the roll on the Crowley amendment. 

Ms. RUSH. Mr. Leach? 

[No response.] 

Ms. RUSH. Mr. Smith of New Jersey? 

Mr. SMITH OF NEW JERSEY. Yes. 

Ms. RUSH. Mr. Smith votes yes. Mr. Burton? 

Mr. BURTON. Yes. 

Ms. RUSH. Mr. Burton votes yes. Mr. Gallegly? 

Mr. GALLEGLY. No. 

Ms. RUSH. Mr. Gallegly votes no. Ms. Ros-Lehtinen? 

Ms. ROS-LEHTINEN. Pass. 

Ms. RUSH. Ms. Ros-Lehtinen passes. Mr. Rohrabacher? 

Mr. ROHRABACHER. Pass. 

Ms. RUSH. Mr. Rohrabacher passes. Mr. Royce? 

Mr. ROYCE. Yes. 

Ms. RUSH. Mr. Royce votes yes. Mr. King? 

Mr. KING. No. 

Ms. RUSH. Mr. King votes no. Mr. Chabot? 

Mr. CHABOT. Aye. 

Ms. RUSH. Mr. Chabot votes yes. Mr. Tancredo? 

Mr. TANCREDO. Aye. 

Ms. RUSH. Mr. Tancredo votes yes. Mr. Paul? 

[No response.] 

Ms. RUSH. Mr. Issa? 

[No response.] 

Ms. RUSH. Mr. Flake? 

Mr. FLAKE. Yes. 

Ms. RUSH. Mr. Flake votes yes. Mrs. Davis? 

Mrs. DAVIS. No. 

Ms. RUSH. Mrs. Davis votes no. Mr. Green? 

Mr. GREEN. Aye. 

Ms. RUSH. Mr. Green votes yes. Mr. Weller? 

[No response.] 

Ms. RUSH. Mr. Pence? 

[No response.] 

Ms. RUSH. Mr. McCotter? 

Mr. MCCOTTER. No. 

Ms. RUSH. Mr. McCotter votes no. Ms. Harris? 

761

Ms. HARRIS. Yes. 

Ms. RUSH. Ms. Harris votes yes. Mr. Wilson? 

Mr. WILSON. Yes. 

Ms. RUSH. Mr. Wilson votes yes. Mr. Boozman? 

Mr. BOOZMAN. No. 

Ms. RUSH. Mr. Boozman votes no. Mr. Barrett? 

Mr. BARRETT. Aye. 

Ms. RUSH. Mr. Barrett votes yes. Mr. Mack? 

Mr. MACK. Yes. 

Ms. RUSH. Mr. Mack votes yes. Mr. Fortenberry? 

Mr. FORTENBERRY. Yes. 

Ms. RUSH. Mr. Fortenberry votes yes. Mr. McCaul? 

Mr. MCCAUL. Yes. 

Ms. RUSH. Mr. McCaul votes yes. Mr. Poe? 

[No response.] 

Ms. RUSH. Mr. Lantos? 

Mr. LANTOS. Aye. 

Ms. RUSH. Mr. Lantos votes yes. Mr. Berman? 

Mr. BERMAN. Aye. 

Ms. RUSH. Mr. Berman votes yes. Mr. Ackerman? 

[No response.] 

Ms. RUSH. Mr. Faleomavaega? 

Mr. FALEOMAVAEGA. Yes. 

Ms. RUSH. Mr. Faleomavaega votes yes. Mr. Payne? 

Mr. PAYNE. Yes. 

Ms. RUSH. Mr. Payne votes yes. Mr. Menendez? 

[No response.] 

Ms. RUSH. Mr. Brown? 

[No response.] 

Ms. RUSH. Mr. Sherman? 

Mr. SHERMAN. Yes. 

Ms. RUSH. Mr. Sherman votes yes. Mr. Wexler? 

[No response.] 

Ms. RUSH. Mr. Engel? 

Mr. ENGEL. Yes. 

Ms. RUSH. Mr. Engel votes yes. Mr. Delahunt? 

[No response.] 

Ms. RUSH. Mr. Meeks? 

Mr. MEEKS. Yes. 

Ms. RUSH. Mr. Meeks votes yes. Ms. Lee? 

Ms. LEE. No. 

Ms. RUSH. Ms. Lee votes no. Mr. Crowley? 

Mr. CROWLEY. Aye. 

Ms. RUSH. Mr. Crowley votes yes. Mr. Blumenauer? 

Mr. BLUMENAUER. Yes. 

Ms. RUSH. Mr. Blumenauer votes yes. Ms. Berkley? 

Ms. BERKLEY. Aye. 

Ms. RUSH. Ms. Berkley votes yes. Ms. Napolitano? 

Mrs. NAPOLITANO. Yes. 

Ms. RUSH. Ms. Napolitano votes yes. Mr. Schiff? 

Mr. SCHIFF. Aye. 

Ms. RUSH. Mr. Schiff votes yes. Ms. Watson? 

Ms. WATSON. Aye. 

Ms. RUSH. Ms. Watson votes yes. Mr. Smith of Washington? 

762

Mr. SMITH OF WASHINGTON. Aye. 

Ms. RUSH. Mr. Smith of Washington votes yes. Ms. McCollum? 

Ms. MCCOLLUM. Aye. 

Ms. RUSH. Ms. McCollum votes yes. Mr. Chandler? 

Mr. CHANDLER. Yes. 

Ms. RUSH. Mr. Chandler votes yes. Mr. Cardoza? 

Mr. CARDOZA. Aye. 

Ms. RUSH. Mr. Cardoza votes yes. Chairman Hyde? 

Chairman HYDE. Aye. 

Ms. RUSH. Chairman Hyde votes yes. 

Mr. BURTON. Mr. Chairman? 

Chairman HYDE. Mr. Delahunt? 

Mr. DELAHUNT. How am I recorded? 

Ms. RUSH. You are not recorded. 

Mr. DELAHUNT. Aye. 

Ms. RUSH. Mr. Delahunt votes yes. 

Chairman HYDE. Mr. Burton? 

Mr. BURTON. Mr. Chairman, I thought we were on another 

amendment. I apologize. I want to change my vote to no. 

Ms. ROS-LEHTINEN. Mr. Chairman? 

Chairman HYDE. Ms. Ros-Lehtinen? 

Ms. ROS-LEHTINEN. I would like to vote no. Thank you. 

Ms. RUSH. Mr. Burton and Ms. Ros-Lehtinen both vote no. 

Mr. WELLER. Mr. Chairman? 

Chairman HYDE. Mr. Weller. 

Mr. WELLER. How am I recorded? I would like to be recorded as 

voting no. 

Ms. RUSH. Mr. Weller votes no. 

Chairman HYDE. If there are no further——

Mr. ACKERMAN. Mr. Chairman? 

Chairman HYDE. Mr. Ackerman. 

Mr. ACKERMAN. How am I——

Ms. RUSH. You are not recorded. 

Mr. ACKERMAN. Aye. 

Ms. RUSH. Mr. Ackerman votes yes. 

Chairman HYDE. The clerk will report. 

Ms. RUSH. On this vote there are 32 yeses and 9 noes. 

Chairman HYDE. And the amendment is agreed to. 

We now revert to the Lee amendment, number 27. And the clerk 

will call the roll. 

Ms. RUSH. Mr. Leach? 

[No response.] 

Ms. RUSH. Mr. Smith of New Jersey? 

Mr. SMITH OF NEW JERSEY. No. 

Ms. RUSH. Mr. Smith votes no. Mr. Burton? 

Mr. BURTON. No. 

Ms. RUSH. Mr. Burton votes no. Mr. Gallegly? 

Mr. GALLEGLY. No. 

Ms. RUSH. Mr. Gallegly votes no. Ms. Ros-Lehtinen? 

Ms. ROS-LEHTINEN. No. 

Ms. RUSH. Ms. Ros-Lehtinen votes no. Mr. Rohrabacher? 

Mr. ROHRABACHER. No. 

Ms. RUSH. Mr. Rohrabacher votes no. Mr. Royce? 

Mr. ROYCE. No. 

763

Ms. RUSH. Mr. Royce votes no. Mr. King? 

Mr. KING. No. 

Ms. RUSH. Mr. King votes no. Mr. Chabot? 

Mr. CHABOT. No. 

Ms. RUSH. Mr. Chabot votes no. Mr. Tancredo? 

Mr. TANCREDO. No. 

Ms. RUSH. Mr. Tancredo votes no. Mr. Paul? 

[No response.] 

Ms. RUSH. Mr. Issa? 

[No response.] 

Ms. RUSH. Mr. Flake? 

Mr. FLAKE. No. 

Ms. RUSH. Mr. Flake votes no. Mrs. Davis? 

Mrs. DAVIS. No. 

Ms. RUSH. Mrs. Davis votes no. Mr. Green? 

Mr. GREEN. No. 

Ms. RUSH. Mr. Green votes no. Mr. Weller? 

Mr. WELLER. No. 

Ms. RUSH. Mr. Weller votes no. Mr. Pence? 

[No response.] 

Ms. RUSH. Mr. McCotter? 

Mr. MCCOTTER. No. 

Ms. RUSH. Mr. McCotter votes no. Mrs. Harris? 

Ms. HARRIS. No. 

Ms. RUSH. Mrs. Harris votes no. Mr. Wilson? 

Mr. WILSON. No. 

Ms. RUSH. Mr. Wilson votes no. Mr. Boozman? 

Mr. BOOZMAN. No. 

Ms. RUSH. Mr. Boozman votes no. Mr. Barrett? 

Mr. BARRETT. No. 

Ms. RUSH. Mr. Barrett votes no. Mr. Mack? 

Mr. MACK. No. 

Ms. RUSH. Mr. Mack votes no. Mr. Fortenberry? 

Mr. FORTENBERRY. No. 

Ms. RUSH. Mr. Fortenberry votes no. Mr. McCaul? 

Mr. MCCAUL. No. 

Ms. RUSH. Mr. McCaul votes no. Mr. Poe? 

[No response.] 

Ms. RUSH. Mr. Lantos? 

Mr. LANTOS. Aye. 

Ms. RUSH. Mr. Lantos votes yes. Mr. Berman? 

Mr. BERMAN. Aye. 

Ms. RUSH. Mr. Berman votes yes. Mr. Ackerman? 

Mr. ACKERMAN. Aye. 

Ms. RUSH. Mr. Ackerman votes yes. Mr. Faleomavaega? 

Mr. FALEOMAVAEGA. Yes. 

Ms. RUSH. Mr. Faleomavaega votes yes. Mr. Payne? 

Mr. PAYNE. Yes. 

Ms. RUSH. Mr. Payne votes yes. Mr. Menendez? 

[No response.] 

Ms. RUSH. Mr. Brown? 

[No response.] 

Ms. RUSH. Mr. Sherman? 

Mr. SHERMAN. Yes. 

764

Ms. RUSH. Mr. Sherman votes yes. Mr. Wexler? 

[No response.] 

Ms. RUSH. Mr. Engel? 

Mr. ENGEL. Yes. 

Ms. RUSH. Mr. Engel votes yes. Mr. Delahunt? 

Mr. DELAHUNT. Yes. 

Ms. RUSH. Mr. Delahunt votes yes. Mr. Meeks? 

Mr. MEEKS. Yes. 

Ms. RUSH. Mr. Meeks votes yes. Ms. Lee? 

Ms. LEE. Yes. 

Ms. RUSH. Ms. Lee votes yes. Mr. Crowley? 

Mr. CROWLEY. Yes. 

Ms. RUSH. Mr. Crowley votes yes. Mr. Blumenauer? 

Mr. BLUMENAUER. Yes. 

Ms. RUSH. Mr. Blumenauer votes yes. Ms. Berkley? 

Ms. BERKLEY. Yes. 

Ms. RUSH. Ms. Berkley votes yes. Ms. Napolitano? 

Mrs. NAPOLITANO. Yes. 

Ms. RUSH. Ms. Napolitano votes yes. Mr. Schiff? 

Mr. SCHIFF. Aye. 

Ms. RUSH. Mr. Schiff votes yes. Ms. Watson? 

Ms. WATSON. Yes. 

Ms. RUSH. Ms. Watson votes yes. Mr. Smith of Washington? 

Mr. SMITH OF WASHINGTON. Aye. 

Ms. RUSH. Mr. Smith of Washington votes yes. Ms. McCollum? 

Ms. MCCOLLUM. Aye. 

Ms. RUSH. Ms. McCollum votes yes. Mr. Chandler? 

Mr. CHANDLER. Yes. 

Ms. RUSH. Mr. Chandler votes yes. Mr. Cardoza? 

Mr. CARDOZA. Aye. 

Ms. RUSH. Mr. Cardoza votes yes. Chairman Hyde? 

Chairman HYDE. No. 

Ms. RUSH. Chairman Hyde votes no. 

On this vote there are 20 yeses and 22 noes. 

Chairman HYDE. Then the amendment is not agreed to. 

The question now occurs on the Smith substitute amendment as 

amended. All those in favor say aye. 

Opposed, nay. 

The ayes have it, and the amendment is agreed to. 

The Chair will now entertain a motion that the bill be reported 

favorably as amended. 

Mr. SMITH OF NEW JERSEY. So moved, Mr. Chairman. 

Chairman HYDE. The question occurs on the motion to report the 

bill favorably as amended. All in favor say aye. 

All opposed, no. 

Mr. SMITH OF NEW JERSEY. Mr. Chairman, ask for a rollcall vote. 

Chairman HYDE. A rollcall has been requested and so the clerk 

will call——

Mr. LANTOS. Mr. Chairman? 

Chairman HYDE. Yes, Mr. Lantos? 

Mr. LANTOS. Before we proceed to the rollcall, may I, on behalf 

of all of us, thank some of the unsung heroes in this markup process, the people of the Legislative Counsel’s Office who draft our 

amendments, correct our mistakes, answer our innumerable irraVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00770 Fmt 6601 Sfmt 6601 F:\WORK\FULL\060805M\21698.001 HINTREL1 PsN: SHIRL
765

tional questions, and respond to our ridiculous demands, Matt 

Eckstein, Mark Synnes and Sandra Strokoff. Thank you, Mr. 

Chairman. 

Chairman HYDE. Thank you, I think. I forget where we were. 

[Laughter.] 

The question occurs on the motion to report the bill favorably as 

amended. All in favor say aye, and opposed no, and the clerk will 

call the roll. 

Ms. RUSH. Mr. Leach? 

[No response.] 

Ms. RUSH. Mr. Smith of New Jersey? 

Mr. SMITH OF NEW JERSEY. Yes. 

Ms. RUSH. Mr. Smith votes yes. Mr. Burton? 

Mr. BURTON. Yes. 

Ms. RUSH. Mr. Burton votes yes. Mr. Gallegly? 

Mr. GALLEGLY. Yes. 

Ms. RUSH. Mr. Gallegly votes yes. Ms. Ros-Lehtinen? 

Ms. ROS-LEHTINEN. Yes. 

Ms. RUSH. Ms. Ros-Lehtinen votes yes. Mr. Rohrabacher? 

Mr. ROHRABACHER. Yes. 

Ms. RUSH. Mr. Rohrabacher votes yes. Mr. Royce? 

Mr. ROYCE. Yes. 

Ms. RUSH. Mr. Royce votes yes. Mr. King? 

Mr. KING. Yes. 

Ms. RUSH. Mr. King votes yes. Mr. Chabot? 

Mr. CHABOT. Yes. 

Ms. RUSH. Mr. Chabot votes yes. Mr. Tancredo? 

Mr. TANCREDO. Aye. 

Ms. RUSH. Mr. Tancredo votes yes. Mr. Paul? 

[No response.] 

Ms. RUSH. Mr. Issa? 

Mr. ISSA. Yes. 

Ms. RUSH. Mr. Issa votes yes. Mr. Flake? 

Mr. FLAKE. Yes. 

Ms. RUSH. Mr. Flake votes yes. Mrs. Davis? 

Mrs. DAVIS. Aye. 

Ms. RUSH. Mrs. Davis votes yes. Mr. Green? 

Mr. GREEN. Aye. 

Ms. RUSH. Mr. Green votes yes. Mr. Weller? 

Mr. WELLER. Aye. 

Ms. RUSH. Mr. Weller votes yes. Mr. Pence? 

[No response.] 

Ms. RUSH. Mr. McCotter? 

Mr. MCCOTTER. Yes. 

Ms. RUSH. Mr. McCotter votes yes. Ms. Harris? 

Ms. HARRIS. Yes. 

Ms. RUSH. Ms. Harris votes yes. Mr. Wilson? 

Mr. WILSON. Yes. 

Ms. RUSH. Mr. Wilson votes yes. Mr. Boozman? 

Mr. BOOZMAN. Yes. 

Ms. RUSH. Mr. Boozman votes yes. Mr. Barrett? 

Mr. BARRETT. Aye. 

Ms. RUSH. Mr. Barrett votes yes. Mr. Mack? 

Mr. MACK. Yes. 

766

Ms. RUSH. Mr. Mack votes yes. Mr. Fortenberry? 

Mr. FORTENBERRY. Yes. 

Ms. RUSH. Mr. Fortenberry votes yes. Mr. McCaul? 

Mr. MCCAUL. Yes. 

Ms. RUSH. Mr. McCaul votes yes. Mr. Poe? 

[No response.] 

Ms. RUSH. Mr. Lantos? 

Mr. LANTOS. Aye. 

Ms. RUSH. Mr. Lantos votes yes. Mr. Berman? 

Mr. BERMAN. Aye. 

Ms. RUSH. Mr. Berman votes yes. Mr. Ackerman? 

Mr. ACKERMAN. Aye. 

Ms. RUSH. Mr. Ackerman votes yes. Mr. Faleomavaega? 

Mr. FALEOMAVAEGA. Yes. 

Ms. RUSH. Mr. Faleomavaega votes yes. Mr. Payne? 

Mr. PAYNE. Pass. 

Ms. RUSH. Mr. Payne passes. Mr. Menendez? 

[No response.] 

Ms. RUSH. Mr. Brown? 

[No response.] 

Ms. RUSH. Mr. Sherman? 

Mr. SHERMAN. Yes. 

Ms. RUSH. Mr. Sherman votes yes. Mr. Wexler? 

Mr. WEXLER. Aye. 

Ms. RUSH. Mr. Wexler votes yes. Mr. Engel? 

Mr. ENGEL. Yes. 

Ms. RUSH. Mr. Engel votes yes. Mr. Delahunt? 

Mr. DELAHUNT. Yes. 

Ms. RUSH. Mr. Delahunt votes yes. Mr. Meeks? 

Mr. MEEKS. Yes. 

Ms. RUSH. Mr. Meeks votes yes. Ms. Lee? 

Ms. LEE. Aye. 

Ms. RUSH. Ms. Lee votes yes. Mr. Crowley? 

Mr. CROWLEY. Aye. 

Ms. RUSH. Mr. Crowley votes yes. Mr. Blumenauer? 

Mr. BLUMENAUER. Aye. 

Ms. RUSH. Mr. Blumenauer votes yes. Ms. Berkley? 

Ms. BERKLEY. Yes. 

Ms. RUSH. Ms. Berkley votes yes. Ms. Napolitano? 

Mrs. NAPOLITANO. Yes. 

Ms. RUSH. Ms. Napolitano votes yes. Mr. Schiff? 

Mr. SCHIFF. Aye. 

Ms. RUSH. Mr. Schiff votes yes. Ms. Watson? 

Ms. WATSON. Aye. 

Ms. RUSH. Ms. Watson votes yes. Mr. Smith of Washington? 

Mr. SMITH OF WASHINGTON. Aye. 

Ms. RUSH. Mr. Smith of Washington votes yes. Ms. McCollum? 

Ms. MCCOLLUM. Aye. 

Ms. RUSH. Ms. McCollum votes yes. Mr. Chandler? 

Mr. CHANDLER. Yes. 

Ms. RUSH. Mr. Chandler votes yes. Mr. Cardoza? 

Mr. CARDOZA. Aye. 

Ms. RUSH. Mr. Cardoza votes yes. Chairman Hyde? 

Chairman HYDE. Aye. 

767

Ms. RUSH. Chairman Hyde votes yes. 

Chairman HYDE. Mr. Payne? 

Mr. PAYNE. Yes. 

Ms. RUSH. Mr. Payne votes yes. 

Chairman HYDE. Any other Members who have failed to vote or 

who wish to change their vote? 

[No response.] 

Chairman HYDE. If not, the clerk will report. 

Ms. RUSH. On this vote there are 44 yeses and zero noes. 

Chairman HYDE. And the motion to report favorably is adopted, 

and without objection the staff is directed to make any technical 

and conforming changes. 

Without objection, the Chairman is authorized to seek consideration of the resolution, H. Res. 199, Expressing the Sense of the 

House of Representatives Regarding the Massacre at Srebrenica in 

July 1995, under suspension of the rules, and the amendment 

which is at the desk will be deemed adopted. 

[The information referred to follows:]

768

1

IV

109TH CONGRESS

1ST SESSION H. RES. 199

Expressing the sense of the House of Representatives regarding the massacre

at Srebrenica in July 1995.

IN THE HOUSE OF REPRESENTATIVES

APRIL 6, 2005

Mr. SMITH of New Jersey (for himself and Mr. CARDIN) submitted the following resolution; which was referred to the Committee on International

Relations

RESOLUTION

Expressing the sense of the House of Representatives

regarding the massacre at Srebrenica in July 1995.

Whereas in July 1995 thousands of men and boys who had

sought safety in the United Nations-designated ‘‘safe

area’’ of Srebrenica in Bosnia and Herzegovina under the

protection of the United Nations Protection Force

(UNPROFOR) were massacred by Serb forces operating

in that country;

Whereas beginning in April 1992, aggression and ethnic

cleansing perpetrated by Bosnian Serb forces, while taking control of the surrounding territory, resulted in a

massive influx of Bosniaks seeking protection in

Srebrenica and its environs, which the United Nations


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2

•HRES 199 IH

Security Council designated a ‘‘safe area’’ in Resolution

819 on April 16, 1993;

Whereas the UNPROFOR presence in Srebrenica consisted

of a Dutch peacekeeping battalion, with representatives

of the United Nations High Commissioner for Refugees,

the International Committee of the Red Cross, and the

humanitarian medical aid agency Medecins Sans Frontiers (Doctors Without Borders) helping to provide humanitarian relief to the displaced population living in

conditions of massive overcrowding, destitution, and disease;

Whereas Bosnian Serb forces blockaded the enclave early in

1995, depriving the entire population of humanitarian aid

and outside communication and contact, and effectively

reducing the ability of the Dutch peacekeeping battalion

to deter aggression or otherwise respond effectively to a

deteriorating situation;

Whereas beginning on July 6, 1995, Bosnian Serb forces attacked UNPROFOR outposts, seized control of the isolated enclave, held captured Dutch soldiers hostage and,

after skirmishes with local defenders, ultimately took control of the town of Srebrenica on July 11, 1995;

Whereas an estimated one-third of the population of

Srebrenica, including a relatively small number of soldiers, made a desperate attempt to pass through the lines

of Bosnian Serb forces to the relative safety of Bosnianheld territory, but many were killed by patrols and ambushes;

Whereas the remaining population sought protection with the

Dutch peacekeeping battalion at its headquarters in the

village of Potocari north of Srebrenica but many of these


21698bb.AAC
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3

•HRES 199 IH

individuals were randomly seized by Bosnian Serb forces

to be beaten, raped, or executed;

Whereas Bosnian Serb forces deported women, children, and

the elderly in buses, held Bosniak males over 16 years of

age at collection points and sites in northeastern Bosnia

and Herzegovina under their control, and then summarily

executed and buried the captives in mass graves;

Whereas approximately 20 percent of Srebrenica’s total population at the time—at least 7,000 and perhaps thousands

more—was either executed or killed;

Whereas the United Nations and its member states have

largely acknowledged their failure to take actions and decisions that could have deterred the assault on Srebrenica

and prevented the subsequent massacre;

Whereas Bosnian Serb forces, hoping to conceal evidence of

the massacre at Srebrenica, subsequently moved corpses

from initial mass grave sites to many secondary sites

scattered throughout parts of northeastern Bosnia and

Herzegovina under their control;

Whereas the massacre at Srebrenica was among the worst of

many horrible atrocities to occur in the conflict in Bosnia

and Herzegovina from April 1992 to November 1995,

during which the policies of aggression and ethnic cleansing pursued by Bosnian Serb forces with the direct support of authorities in the Federal Republic of Yugoslavia

(Serbia and Montenegro) ultimately led to the displacement of more than 2,000,000 people, an estimated

200,000 killed, tens of thousands raped or otherwise tortured and abused, and the innocent civilians of Sarajevo

and other urban centers repeatedly subjected to shelling

and sniper attacks;


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4

•HRES 199 IH

Whereas Article 2 of the Convention on the Prevention and

Punishment of the Crime of Genocide (done at Paris on

December 9, 1948, and entered into force with respect to

the United States on February 23, 1989) defines genocide as ‘‘any of the following acts committed with intent

to destroy, in whole or in part, a national, ethnical, racial

or religious group, as such: (a) killing members of the

group; (b) causing serious bodily or mental harm to

members of the group; (c) deliberately inflicting on the

group conditions of life calculated to bring about its

physical destruction in whole or in part; (d) imposing

measures intended to prevent births within the group; (e)

forcibly transferring children of the group to another

group’’;

Whereas on May 25, 1993, the United Nations Security

Council adopted Resolution 827 establishing the world’s

first international war crimes tribunal, the International

Criminal Tribunal for the former Yugoslavia (ICTY),

based in The Hague, the Netherlands, and charging the

ICTY with responsibility for investigating and prosecuting individuals suspected of committing war crimes,

genocide, crimes against humanity and grave breaches of

the 1949 Geneva Conventions on the territory of the

former Yugoslavia since 1991;

Whereas numerous members of the Bosnian Serb forces at

various levels of responsibility have been indicted for

grave breaches of the 1949 Geneva Conventions, violations of the laws or customs of war, crimes against humanity, genocide, and complicity in genocide associated

with the massacre at Srebrenica, some of whom have

been tried and sentenced while others, including Radovan

Karadzic and Ratko Mladic, remain at large; and


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772

5

•HRES 199 IH

Whereas the international community, including the United

States, has continued to provide personnel and resources,

including through direct military intervention, to prevent

further aggression and ethnic cleansing, to negotiate the

General Framework Agreement for Peace in Bosnia and

Herzegovina (initialled in Dayton, Ohio, on November 21,

1995, and signed in Paris on December 14, 1995), and

to help ensure its fullest implementation, including cooperation with the International Criminal Tribunal for

the former Yugoslavia: Now therefore be it

1 Resolved, That it is the sense of the House of Rep2 resentatives that—

3 (1) the thousands of innocent people executed

4 at Srebrenica in Bosnia and Herzegovina in July

5 1995, along with all individuals who were victimized

6 during the conflict and genocide in Bosnia and

7 Herzegovina from 1992 to 1995, should be solemnly

8 remembered and honored;

9 (2) the policies of aggression and ethnic cleans10 ing as implemented by Serb forces in Bosnia and

11 Herzegovina from 1992 to 1995 meet the terms de12 fining the crime of genocide in Article 2 of the Con13 vention on the Prevention and Punishment of the

14 Crime of Genocide;

15 (3) foreign nationals, including United States

16 citizens, who have risked and in some cases lost

17 their lives in Bosnia and Herzegovina while working


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6

•HRES 199 IH

1 toward peace should be solemnly remembered and

2 honored;

3 (4) the United Nations and its member states

4 should accept their share of responsibility for allow5 ing the Srebrenica massacre and genocide to occur

6 in Bosnia and Herzegovina from 1992 to 1995 by

7 failing to take sufficient, decisive, and timely action,

8 and the United Nations and its member states

9 should constantly seek to ensure that this failure is

10 not repeated in future crises and conflicts;

11 (5) it is in the national interest of the United

12 States that those individuals who are responsible for

13 war crimes, genocide, crimes against humanity, and

14 grave breaches of the 1949 Geneva Conventions,

15 committed in Bosnia and Herzegovina, should be

16 held accountable for their actions;

17 (6) all persons indicted by the International

18 Criminal Tribunal for the former Yugoslavia (ICTY)

19 should be apprehended and transferred to The

20 Hague without further delay, and all countries

21 should meet their obligations to cooperate fully with

22 the ICTY at all times; and

23 (7) the United States should continue to sup24 port the independence and territorial integrity of

25 Bosnia and Herzegovina, peace and stability in


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7

•HRES 199 IH

1 southeastern Europe as a whole, and the right of all

2 people living in the region, regardless of national, ra3 cial, ethnic or religious background, to return to

4 their homes and enjoy the benefits of democratic in5 stitutions, the rule of law, and economic opportunity,

6 as well as to know the fate of missing relatives and

7 friends.

Æ


21698bb.AAH
775


21698ab.eps
776

Chairman HYDE. Any Members who have statements they wish 

to include in the record will be permitted to do so, and the Committee happily stands——

Mr. LANTOS. Mr. Chairman? 

Chairman HYDE. The gentleman from California. 

Mr. LANTOS. Mr. Chairman, at a time when the Congress is so 

deeply divided, it is a tribute to your leadership that this important 

piece of legislation passed this Committee unanimously. 

[Applause.] 

Chairman HYDE. You are too kind. Thank you. 

Anybody want extra time? [Laughter.] 

Mr. SMITH OF NEW JERSEY. If the gentleman would yield, I too 

want to thank our distinguished Chairman for his leadership. He 

really has I think has set——

Chairman HYDE. I was kidding. 

Mr. SMITH OF NEW JERSEY. I know. I am not. Has set the tone 

for the Congress on what bipartisanship and working the details 

can produce, and I want to thank you as well. Thank you, Mr. 

Chairman. 

Chairman HYDE. I am hesitant to compliment Tom Lantos. It 

doesn’t help him very much with his party. But I am compelled to 

say a lot of the smooth working of this Committee is because the 

rough edges have been worn off by Mr. Lantos. 

Mr. BURTON. Mr. Chairman? 

Chairman HYDE. Mr. Burton. 

Mr. BURTON. I just want to add my voice to the chorus of voices 

saying what a nice guy you are, and in spite of your nastiness and 

the way you mistreat me, I just want you to know I still think you 

are a fine fellow. [Laughter.] 

Chairman HYDE. You are very easy to mistreat. [Laughter.] 

Before we all go to jail, the Committee stands adjourned. 

[Whereupon, at 11:42 a.m., the Committee was adjourned.] 

(777)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE HEARING RECORD

PREPARED STATEMENT OF THE HONORABLE JEFF FLAKE, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF ARIZONA

I appreciate the Chairman’s support and I particularly appreciate the support of 

our colleague from Florida, Mrs. Ros-Lehtinen. My amendment is a simple effort to 

use in Cuba the public diplomacy tools that have worked so well all around the 

world, particularly in the Soviet Union and Eastern Europe. 

I am reminded of the words President Reagan used in 1984 when he announced 

a major expansion of exchanges with the Soviet Union. ‘‘Meaningful contact with a 

closed society will never be easy,’’ he said. But he also added, ‘‘Civilized people everywhere have a stake in keeping contacts, communication, and creativity as broad, 

deep, and free as possible.’’

It is in this spirit that I offer my amendment today. 

We all know that public diplomacy is not an exact science. But our broad-based 

programs that foster direct citizen contact have a successful track record of reaching 

future elites in countries under communist rule. In all cases, they expose foreign 

participants to American values. They help to destroy the idea that demagogues in 

Cuba and elsewhere try to sell: that America threatens other nations’ sovereignty 

by promoting democracy. 

And in Cuba, where a new generation is looking to the day when it will take the 

reins of government, it is very much in our interest to reach as many Cubans as 

possible and to spread American ideas far and wide. 

So my amendment dedicates a modest sum, $5 million, to be used at the State 

Department’s discretion for educational, cultural, and other citizen exchanges with 

regard to Cuba. This will probably be challenging, but it is a challenge that the 

State Department’s Bureau of Educational and Cultural Affairs should take on, and 

we have included appropriate Congressional notification requirements. This effort 

will complement other U.S. government programs that foster communication with 

Cubans. It is very much in our national interest, and I appreciate the Chairman’s 

support. 

PREPARED STATEMENT OF THE HONORABLE ROBERT MENENDEZ, A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF NEW JERSEY

Mr. Chairman, Last Congress I offered language providing funds to increase recruitment of minorities and women in the Department of State and requiring the 

Department to track its results with a database and to report to Congress on the 

results. Two years later, there is a continued need for increased recruitment of minorities and women in the State Department. That is why I have offered this 

amendment. Our State Department should look like America and must also have 

the diversity of thought that makes America great. 

My amendment would require the Secretary of State to submit a comprehensive 

report to Congress concerning the employment and promotion of minorities and 

women at the Department, including the Civil Service and the Foreign Service. The 

amendment would authorize three million dollars for this project. 

The State Department shows our face to the rest of the world and we should actively encourage people from all different backgrounds to focus on American diplomacy. 

That is why I also support the efforts of institutions like Kean University in New 

Jersey, which seek to increase the number of minorities participating in, and comVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00783 Fmt 6601 Sfmt 6621 F:\WORK\FULL\060805M\21698.001 HINTREL1 PsN: SHIRL
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pleting, degrees that will help them pursue careers in international affairs and the 

Foreign Service. 

Programs like the Institute for Foreign Service and Diplomacy at Kean provide 

students with the academic knowledge and real world experience they need to successfully prepare for and pass the Foreign Service exam. And most importantly, 

Kean provides this opportunity to a student body composed primarily of minorities 

and historically disadvantaged populations. 

We cannot expect to change the face of the State Department if we do not change 

the faces of those who can successfully apply for, take, and pass the Foreign Service 

exam, or join the Civil Service. And the catalyst for that change is making sure our 

minority students, and the institutions that serve them, receive the resources and 

tools they need. 

If the State Department is to make progress, minorities and women must have 

a seat at the table. 

PREPARED STATEMENT OF THE HONORABLE ROBERT MENENDEZ ON IRAN’S BUSHEHR

NUCLEAR FACILITY

Mr. Chairman, Iran is playing games with the world and getting away with it. 

And the ‘‘toy’’ that Iran is building is a nuclear weapon. We could not be involved 

in a more deadly or serious game. 

Iran’s advances in ballistic missile technology, its push for nuclear capabilities, 

and the potential that Iran could transfer these weapons to terrorists threaten 

international security and stability. That is why I have remained at the forefront 

of the fight to stop Iran from acquiring a nuclear weapon, and believe Iran’s nuclear 

program is a threat to security for Israel, the United States, and the world. 

Although we don’t know exactly when Iran will be capable of producing a nuclear 

weapon, we can be sure that that day will not be far off. As we have discussed before in this Committee, the EU has been negotiating with Iran since October 2003 

regarding its nuclear program. While I understand the importance of these negotiations, the reality is that we are in no better position now than we were over a year 

and a half ago. We cannot be strung along forever. 

For nearly two decades, Iran has pursued a clandestine nuclear program while 

claiming it had to keep this program hidden from the international community because of the sanctions against it. Iran has repeatedly stated that it will never give 

up its right to enrich fuel for peaceful purposes under the Nuclear Nonproliferation 

Treaty. 

But I say to Iran—you forfeited your right to peaceful nuclear technology when 

you deliberately hid the activities, facilities, and materials of your nuclear program 

from the entire world for two decades. 

Let’s be clear. Iran is a country with huge oil and natural gas reserves. They don’t 

need nuclear power for energy consumption. I, along with many of my colleagues, 

am deeply concerned that Russia is continuing to provide material to further Iran’s 

nuclear energy program. And in the case of the Bushehr nuclear facility, Russia is 

helping Iran to establish a functioning nuclear power plant. 

But Iran’s ambitions do not stop with Bushehr—Iran has also announced that it 

plans to construct 20 new nuclear facilities. 

Clearly, these plans, coupled with Iran’s acknowledged and unacknowledged ties 

to terrorist groups, constitute a threat to global peace and security. 

This global threat necessitates a global response, and the United States must take 

the lead on this issue. 

Next month, the Group of Eight (G8) will meet in Scotland to discuss the major 

issues of the day. I understand that Prime Minister Blair has already indicated that 

the agenda will focus on the problems afflicting Africa and on global climate change. 

I would hope, however, that the G8 also takes the time to discuss the very real and 

growing danger created by Iran’s nuclear program, and that the United States expresses our concerns to Russia regarding Russia’s nuclear assistance to Iran. 

That is why I have introduced this amendment, which makes it clear that Russia’s provision of assistance to Iran’s nuclear plants is inconsistent with our nonproliferation goals. The amendment also calls on the leaders of the G8 to insist that 

the Russian Government terminate all assistance, including fuel shipments, to the 

Bushehr nuclear facility. And finally, my amendment would call on the G8 to condition Russia’s continued membership upon the termination of this assistance to the 

Bushehr facility and any other nuclear plants in Iran. 

The United States must take the lead in stopping Iran’s nuclear program. We 

must make it clear that the international community must take a stand, together, 

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in the fight against proliferation. I urge my colleagues to join me in supporting this 

amendment. 

PREPARED STATEMENT OF THE HONORABLE ROBERT MENENDEZ ON THE ECUMENICAL

PATRIARCH

Mr. Chairman, those who support religious freedom around the world have raised 

their voices to support the rights of the Ecumenical Patriarch in Istanbul, Turkey. 

During the Helsinki Commission’s briefing on the Ecumenical Patriarch this past 

March, individuals from many faiths testified against the egregious abuses of the 

Turkish government against the Ecumenical Patriarch, including Rabbi Arthur 

Schneier of the Appeal of Conscience Foundation; Cardinal Theodore E. McCarrick, 

Catholic Archbishop of Washington; Dr. Anthony Limberakis, National Commander 

of the Archons of the Ecumenical Patriarchate of the Order of St. Andrew the Apostle; and Dr. Bob Edgar, General Secretary of the National Council of Churches. If 

we are to truly support religious freedoms, we must not be silent now. 

The European Union is scheduled to begin accession negotiations with Turkey this 

October. I am deeply concerned because of Turkey’s discriminatory actions towards 

religious minorities in Turkey such as the Greek Orthodox. The elimination of discrimination of any type must be an essential part of any country’s accession negotiations. 

Mr. Chairman, this amendment addresses the treatment and conditions under 

which the Ecumenical Patriarchate has suffered, and continues to suffer, at the 

hands of the Turkish government. The Ecumenical Patriarch in Istanbul is the spiritual leader of 300 million Orthodox Christians in the United States and throughout 

the world. Yet the Turkish Government continues to violate the Ecumenical Patriarchate’s religious rights and freedoms. Clearly, Turkey has much more to do to 

eliminate religious discrimination. 

The Government of Turkey:

• Refuses to recognize the Ecumenical Patriarch’s international status and its 

significance to Orthodox Christians the world over;

• Allows only Turkish nationals to be candidates available to the Holy Synod 

for selection as the Ecumenical Patriarch;

• Refuses to reopen the Theological School at Halki, the only Greek Orthodox 

theological institute in Turkey, which impedes training for the clergy;

• Has confiscated 75% of Ecumenical Patriarchal properties since 2002; and

• Has levied a 42% retroactive tax on the Balukli Hospital, a philanthropic institution run by the Ecumenical Patriarchate which treats 30,000–40,000 patients a year.

That is why I have offered this amendment which will help protect the rights of 

the Ecumenical Patriarchate. 

My amendment states that Turkey must immediately eliminate all forms of discrimination, particularly those based on race or religion. It also calls on Turkey to 

pledge to maintain and protect religious and human rights without compromise. 

Specifically, this amendment calls on Turkey to:

• Grant the Ecumenical Patriarch appropriate international recognition and ecclesiastic succession;

• Grant the Ecumenical Patriarchate the right to train clergy of all nationalities, not just Turkish nationals; and

• Respect the property rights and human rights of the Ecumenical Patriarchate.

In the United States, as well as in Europe, freedom of religion is a right granted 

to each regardless of his or her affiliation. There is no reason why it should not be 

the same in Turkey. No one, at any time or in any place, should be discriminated 

against for his or her religious beliefs. 

PREPARED STATEMENT OF THE HONORABLE WILLIAM D. DELAHUNT, A

REPRESENTATIVE IN CONGRESS FROM THE COMMONWEALTH OF MASSACHUSETTS

Mr. Chairman, 

Plan Colombia will only meet its objectives if it is a true partnership between the 

United States and the people who lead Colombia. We have provided Colombia $4 

billion in assistance since 2000. A substantial sum, but less than one percent of CoVerDate Mar 21 2002 10:01 Sep 19, 2006 Jkt 000000 PO 00000 Frm 00785 Fmt 6601 Sfmt 6621 F:\WORK\FULL\060805M\21698.001 HINTREL1 PsN: SHIRL
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lombia’s entire economy [GDP] during that period. Contrast this to El Salvador during the 1980s, when the Reagan administration’s aid added up to more than 25 percent of that nation’s GDP. 

Colombia’s needs are significant. A rural development strategy has to bring the 

government, for the first time, into areas where coca and opium are the only economically viable choices for campesinos. Though Presidents Pastrana and Uribe 

have increased the size of the security forces, there are still nowhere near enough 

soldiers and police to secure a territory the size of Texas and California combined. 

And there are even fewer resources to bring the rest of the government—the judges, 

the road-builders, the teachers, the doctors—into areas that the army is re-taking 

from guerrillas. Meanwhile, it appears that thousands of paramilitaries may soon be 

demobilizing—and the price tag for that is likely to be far higher than the $160 million that the Colombian government has estimated. 

The American people cannot be asked to fund these efforts indefinitely and the 

money required must come from Colombia’s own resources. And inside Colombia—

a country where two-thirds of the population earns less than $3 per day—that 

money will have to come from the country’s wealthiest ten percent, who control most 

of the country’s resources, and who earn 40 to 80 times more money each year than 

the bottom ten percent. 

The only answer, then, is for Colombia to collect more taxes from that top ten percent. Colombia collects about 14 percent of its economy as taxes—and much of that 

is from regressive sales taxes. In 1998, the World Bank reported that Colombia collected less than half as much taxes from its citizens, as a proportion of the economy, 

than the United States did. One key reason for this is rampant, systemic, and 

unpunished tax evasion. According to the Council on Foreign Relations, of Colombia’s population of 44 million, only 800,000 pay any income taxes. While municipalities, or counties, are empowered to collect property taxes from large landholders, the 

Council reports that most municipalities have been unable to collect a single centavo. Though Colombian law calls for prison terms for tax evasion, there are no 

cases of wealthy or prominent Colombians serving time for this crime. As a result 

of tax evasion, Colombia’s central government is operating under a staggering deficit, proportionally larger than our own. 

This is unacceptable. Colombia is a country at war, and the United States is investing heavily in Colombia’s effort to end that war. This investment will be wasted, 

though, if the people who control most of Colombia’s economy are not making the 

sacrifices necessary to resolve their country’s many urgent problems. We must not 

be subsidizing this lack of sacrifice. 

This is why I have proposed a report on tax collection in Colombia as one of the 

general provisions in this bill, and I am grateful that the Chairman has agreed to 

include it as part of the en bloc amendment. 

The report is simple. It asks the Secretary of State to provide the amount of tax 

revenue that Colombia is currently collecting, an estimate of how much potential 

additional tax revenue is being lost to tax evasion, and how this lost income could 

be contributing to meeting the objectives of Plan Colombia. 

Many of these objectives remain frustratingly distant, and I hope that a report 

illustrating this resource gap will help speed the day when these goals are met and 

Colombia is able to focus on its own development, instead of battling drugs and terrorists.

Æ