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29–884PDF 2006

VARIOUS BILLS AND RESOLUTIONS

MARKUP

BEFORE THE

COMMITTEE ON 

INTERNATIONAL RELATIONS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

SECOND SESSION

ON

H.R. 611, H.R. 1476, H.R. 1996, H.R. 5805,

H. Res. 415, H. Res. 622, H. Res. 723,

H. Res. 759, H. Res. 940, H. Res. 942,

H. Res. 965, H. Res. 976, H. Res. 992,

H. Con. Res. 317, H. Con. Res. 415,

S. 2125, S. 3836, H.R. 6060 and H. Res. 985

SEPTEMBER 13, 2006

Serial No. 109–217

Printed for the use of the Committee on International Relations

(

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

(II)

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 

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 

RUSS CARNAHAN, Missouri 

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

ROBERT R. KING, Democratic Staff Director 

DANIEL FREEMAN, Counsel/Parliamentarian 

JEAN CARROLL, Full Committee Hearing Coordinator 

(III)

C O N T E N T S 

Page

MARKUP OF 

H.R. 611, To authorize the establishment of a program to provide economic 

and infrastructure reconstruction assistance to the Republic of Haiti, and 

for other purposes ................................................................................................ 5

Amendment to H.R. 611 offered by the Honorable Tom Lantos, a Representative in Congress from the State of California .............................................. 13

H.R. 1476, To amend the Eisenhower Exchange Fellowship Act of 1990 to 

authorize additional appropriations for the Eisenhower Exchange Fellowship Program Trust Fund, and for other purposes ........................................... 30

Amendment to H.R. 1476 offered by the Honorable Henry J. Hyde, a 

Representative in Congress from the State of Illinois, and Chairman, 

Committee on International Relations ........................................................... 34

H.R. 1996, To amend the Foreign Assistance Act of 1961 to provide for 

debt relief to developing countries that take action to protect critical coral 

reef habitats .......................................................................................................... 35

H.R. 5805, To promote nuclear nonproliferation in North Korea ........................ 58

Amendment in the Nature of a Substitute to H.R. 5805 offered by the 

Honorable Edward R. Royce, a Representative in Congress from the 

State of California ............................................................................................ 61

H. Res. 415, Expressing the sense of the House of Representatives that 

the Socialist Republic of Vietnam needs to do more to resolve claims for 

confiscated real and personal property, and for other purposes ...................... 66

Amendment to H. Res. 415 ................................................................................. 70

H. Res. 622, To recognize and honor the Filipino World War II veterans 

for their defense of democratic ideals and their important contribution 

to the outcome of World War II .......................................................................... 71

Amendment to H. Res. 622 offered by the Honorable Henry J. Hyde ............. 74

H. Res. 723, Calling on the President to take immediate steps to help improve 

the security situation in Darfur, Sudan, with a specific emphasis on civilian 

protection .............................................................................................................. 75

Amendment in the Nature of a Substitute to H. Res. 723 offered by the 

Honorable Tom Lantos ..................................................................................... 82

H. Res. 759, Expressing the sense of the House of Representatives that 

the Government of Japan should formally acknowledge and accept responsibility for its sexual enslavement of young women, known to the world 

as ‘‘comfort women’’, during its colonial occupation of Asia and the Pacific 

Islands from the 1930s through the duration of World War II, and for 

other purposes ...................................................................................................... 87

Amendment to H. Res. 759 ................................................................................. 90

H. Res. 940, Recognizing the 185th anniversary of the independence of Peru 

on July 28, 2006 ................................................................................................... 93

Amendment in the Nature of a Substitute to H. Res. 940 offered by the 

Honorable Joseph Crowley, a Representative in Congress from the State 

of New York ...................................................................................................... 96

H. Res. 942, Recognizing the centennial anniversary on August 5, 2006, 

of the Iranian constitution of 1906 ..................................................................... 98

H. Res. 965, Commending the people of Montenegro on the conduct of the 

referendum on independence, welcoming United States recognition of the 

sovereignty and independence of the Republic of Montenegro, and welcoming Montenegrin membership in the United Nations and other international organizations ......................................................................................... 101

Page

IV

H. Res. 976, Condemning human rights abuses by the Government of the 

Islamic Republic of Iran and expressing solidarity with the Iranian people .. 105

H. Res. 992, Urging the President to appoint a Presidential Special Envoy 

for Sudan .............................................................................................................. 109

Amendment to H. Res. 992 offered by the Honorable Henry J. Hyde ............. 115

H. Con. Res. 317, Requesting the President to issue a proclamation annually 

calling upon the people of the United States to observe Global Family 

Day, One Day of Peace and Sharing, and for other purposes .......................... 116

H. Con. Res. 415, Condemning the repression of the Iranian Baha’i community and calling for the emancipation of Iranian Baha’is ................................. 119

S. 2125, To promote relief, security, and democracy in the Democratic Republic of the Congo ..................................................................................................... 122

Amendment in the Nature of a Substitute to S. 2125 offered by the Honorable Tom Lantos ............................................................................................... 141

S. 3836, To reauthorize the United States Advisory Commission on Public 

Diplomacy ............................................................................................................. 158

H.R. 6060, To authorize certain activities by the Department of State, and 

for other purposes ................................................................................................ 160

H. Res. 985, Directing the Secretary of State to provide to the House of 

Representatives certain documents in the possession of the Secretary of 

State relating to the report submitted to the Committee on International 

Relations of the House of Representatives on July 28, 2006, pursuant 

to the Iran and Syria Nonproliferation Act ....................................................... 189

APPENDIX 

The Honorable Sherrod Brown, a Representative in Congress from the State 

of Ohio: Prepared statement ............................................................................... 193

The Honorable Joseph Crowley, a Representative in Congress from the State 

of New York .......................................................................................................... 193

(1)

VARIOUS BILLS AND RESOLUTIONS 

WEDNESDAY, SEPTEMBER 13, 2006

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON INTERNATIONAL RELATIONS, 

Washington, DC. 

The Committee met, pursuant to notice, at 11:45 a.m. in room 

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

Chairman HYDE. The business meeting of the Committee will 

come to order. 

We have a large number of noncontroversial bills on the agenda 

which are candidates for consideration under suspension of the 

rules. It is the intention of the Chair to consider these en bloc and 

by unanimous consent authorize the Chair to seek consideration of 

the bills under suspension of the rules. 

All Members are given leave to insert remarks on the measures 

into the record, should they choose to do so. 

There are measures on the agenda upon which the Committee 

wishes to file reports and those will be called up en bloc and motions made to report those by unanimous consent. Before we do 

that, the Chair has been asked to recognize two Members for a 

short statement and the Chair recognizes the gentleman from California, Mr. Berman. 

Mr. BERMAN. Thank you very much, Mr. Chairman. 

My statement pertains to H. Res. 985, a resolution of inquiry 

which I introduced with Mr. Delahunt, which directs the Secretary 

of State to provide information to Congress regarding the recent release of a semi-annual report required by the Iran and Syria Nonproliferation Act; just a short background and if a reporting 

quorum comes in while I am telling you that background, I will 

make it even shorter. 

On July 20th, Chairman Rohrabacher held a hearing on his Subcommittee on U.S. nonproliferation goals and strategies. Acting Assistant Secretary for Nonproliferation Frank Record—a number of 

us know him, a former staff member of this Committee—testified 

that he did not recall if the overdue report under the Iran and 

Syria Nonproliferation Act would include information about any Indian entities. 

When the report was submitted to the Committee only a week 

later, complete with information about two Indian arms proliferating to Iran and just 2 days after the vote on the India nuclear 

deal, it seemed hard for me to believe that Mr. Record did not 

know anything about this and that the timing was purely coincidental. 

2

On July 28th, Mr. Rohrabacher, Mr. Delahunt, and I sent a letter to Secretary Rice expressing concern about this testimony and 

requesting a detailed briefing on why this report was not shared 

with Members prior to the vote. 

On September 7th, only after my staff told State that I was considering a resolution of inquiry, we received a written letter in response to our July 28th letter, but the response was totally inadequate. State showed no interest in accommodating our reasonable 

bipartisan request for a briefing, so our only recourse was to introduce this resolution of inquiry. 

It was not until this morning that I received a call from Under 

Secretary Nick Burns, who provided his perspective on why the report was submitted late. Even if the report had come to Congress 

before the vote on the India nuclear bill, I would not have changed 

my vote in favor of that legislation, but the information about the 

Indian entities was very relevant to the debate, particularly the 

motion to recommit, which would have conditioned civilian nuclear 

cooperation on India’s support for United States efforts to prevent 

Iran from developing nuclear weapons. 

At the end of the day, this really is not about the specifics of the 

India legislation, it is about a much larger issue: The right of this 

Committee and the Congress as a whole to receive all relevant information when considering an extremely important piece of legislation with serious implications for U.S. foreign policy and national 

security. 

I yield back, Mr. Chairman, and thank you for recognizing me. 

Chairman HYDE. I thank the gentleman. 

The Chair recognizes the gentlelady from California, Ms. Lee. 

Ms. LEE. Thank you, Mr. Chairman. 

Let me thank you and our Ranking Member for convening this 

very important markup and also for listing several bills today 

which I would like to talk about very briefly. First, H.R. 611, the 

Haiti Economic Infrastructure Reconstruction Act. This is a bill we 

have worked on in a bipartisan fashion, quite frankly, for several 

years. 

The Haiti Economic and Reconstruction Act is an important bill 

that will bring not only hope to Haiti but present long overdue humanitarian assistance and hands-on expertise through a professional exchange program. The program will establish a professional 

exchange program similar to the Peace Corps for health, judiciary 

and infrastructure professionals to travel to Haiti and work under 

the guise of USAID, in partnership with civil society and Haitian 

Government ministries. 

Mr. Chairman and Members, of course we know that today in 

Haiti less than 45 percent of Haitians have access to safe water 

and access to sanitation. Seventy-six percent of Haiti’s children 

under the age of 5 are underweight or suffer from stunted growth 

and 63 percent of Haitians are undernourished. Eighty percent of 

the population lives in abject poverty and the unemployment rate 

is estimated to be nearly 90 percent. Ninety percent of all 

HIV/AIDS cases in the Caribbean are in Haiti. 

As we combat global HIV/AIDS, malaria, tuberculosis, maternal 

and child mortality and many other life-threatening diseases, we 

must address the long-term effect of dilapidated physical and 

3

health infrastructure and abject poverty throughout the world, including Haiti. This bill partners with Haitians and Americans together to execute an environmentally sound approach to rebuilding 

Haiti. Its major provisions are aimed at developing the judicial system and basic sanitation, water, and other health infrastructures 

in Haiti. 

This bill also would bring United States professionals, preferably 

Haitian-Americans, down to Haiti in order to train and educate 

Haitians on how to run a free and fair judiciary, how to rebuild, 

pave and maintain roads to provide access to rural and urban 

areas to health clinics. 

It is my hope that the transfer of knowledge from U.S. professionals in these fields will in fact ensure long-term development 

and guarantee the success of the program similar to the success of 

the Global Fund and other international initiatives. By widening 

the knowledge base of nongovernmental organizations and professionals in Haiti, the United States will take advantage of unique 

opportunities and obligations toward Haiti’s future. 

This bill has bipartisan support. It has been a bipartisan effort. 

It has been endorsed by the Congressional Black Caucus Haiti task 

force and I would like to thank Congressman Foley and his staffer 

Bradley Shriber; Congressman Hyde, Mr. Chairman, and your 

staffer Ted Brennan; and Congressman Lantos and your staffer 

Paul Oostburg; also, of course, Aisha House of my staff for their oftentimes very intense, yet very effective, negotiations on this bill. 

I urge my colleagues to vote for this legislation today. Also, the 

resolution with regard to designating a special envoy for the Darfur 

region of Sudan, that is H. Res. 992, and then a final one by Congressman Pitts which would allow for the United Nations and 

NATO to work together as they try to achieve some peace in this 

region which is quickly becoming even a greater disaster. 

Thank you, Mr. Chairman. 

Chairman HYDE. Without objection, the Chairman is authorized 

to seek consideration of the following bills under suspension of the 

rules and the amendments to those measures which the Members 

have before them shall deemed adopted: H.R. 611, Haiti Economic 

and Infrastructure Reconstruction Act, as amended; H.R. 1476, Eisenhower Exchange Fellowship Program Trust Fund Enhancement 

Act of 2005, as amended; H.R. 1996, Coral Reef and Coastal Marine Conservation Act of 2005; H.R. 5805, North Korea Nonproliferation Act of 2006, as amended; H. Res. 415, Expressing the 

sense of the House of Representatives that the Socialist Republic 

of Vietnam needs to do more to resolve claims for confiscated real 

and personal property, as amended; H. Res. 622, to recognize and 

honor the Filipino World War II veterans, as amended; H. Res. 

723, Calling on the President to take immediate steps to help improve the security situation in Darfur, Sudan, as amended; H. Res. 

759, Expressing the sense of the House of Representatives that the 

government of Japan should formally acknowledge and accept responsibility for its sexual enslavement of young women, as amended; H. Res. 940, Recognizing the 185th anniversary of the independence of Peru, as amended; H. Res. 942, Recognizing the centennial anniversary of the Iranian constitution of 1906; H. Res. 

965, Commending the people of Montenegro on the conduct of the 

4

referendum on independence; H. Res. 976, Condemning human 

rights abuses by the government of the Islamic Republic of Iran; 

H. Res. 992, Urging the President to appoint a presidential special 

envoy for Sudan, as amended; H. Con. Res. 317, Requesting the 

President to issue a proclamation annually calling upon the people 

of the United States to observe Global Family Day; H. Con. Res. 

415, Condemning the repression of the Iranian Baha’i community 

and calling office review the emancipation of Iranian Baha’is; S. 

2125, Democratic Republic of the Congo Relief, Recovery, Security 

and Democracy Promotion Act of 2006, as amended; and S. 3836, 

United States Advisory Commission on Public Diplomacy Reauthorization Act of 2006. 

It is so ordered. 

Without objection, the following measures will be reported to the 

House: H.R. 6060, State authorities reported favorably; H. Res. 

985, Directing the Secretary of State to provide certain documents 

to the House, reported without recommendations. 

So ordered. 

[The information referred to follows:]

5

1

I

109TH CONGRESS

1ST SESSION H. R. 611

To authorize the establishment of a program to provide economic and infrastructure reconstruction assistance to the Republic of Haiti, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 8, 2005

Mr. FOLEY (for himself, Mr. RANGEL, and Mr. SHAW) introduced the

following bill; which was referred to the Committee on International Relations

A BILL

To authorize the establishment of a program to provide economic and infrastructure reconstruction assistance to the

Republic of Haiti, 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 ‘‘Haiti Economic and

5 Infrastructure Reconstruction Act’’.


29884a.AAB
6

2

•HR 611 IH

1 SEC. 2. ECONOMIC AND INFRASTRUCTURE RECONSTRUC2 TION PROGRAM FOR THE REPUBLIC OF

3 HAITI.

4 (a) PROGRAM AUTHORIZED.—The President is au5 thorized to establish an economic and infrastructure re6 construction program for the Republic of Haiti, to be

7 known as the ‘‘Haiti Economic and Infrastructure Recon8 struction Program’’ (in this section referred to as the ‘‘Re9 construction Program’’), under which individuals who are

10 recruited into the Program will be deployed to Haiti to

11 provide assistance to the Government of Haiti related to

12 economic and infrastructure reconstruction and develop13 ment.

14 (b) APPOINTMENT.—If the President establishes the

15 Reconstruction Program under subsection (a), the Presi16 dent shall appoint an officer or employee of the Bureau

17 for Latin America and the Caribbean of the United States

18 Agency for International Development to serve as the Di19 rector of the Reconstruction Program. The Director shall

20 possess expertise with respect to—

21 (1) Haiti; or

22 (2) economic, educational, judicial, law enforce23 ment, healthcare, or infrastructure reconstruction

24 and recovery efforts in developing countries.

25 (c) COORDINATION.—The Director shall coordinate

26 with appropriate officials from the Government of Haiti


29884a.AAC
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3

•HR 611 IH

1 to identify ministries and agencies of the Government of

2 Haiti that require assistance concerning the reconstruc3 tion and development in Haiti with respect to—

4 (1) the economy, including a special emphasis

5 on the development of private and public domestic

6 and foreign business investment;

7 (2) the educational system, including a special

8 emphasis on the development of school facilities,

9 teacher training programs, and administration man10 agement programs;

11 (3) the judiciary and the rule of law;

12 (4) the healthcare system; and

13 (5) the infrastructure.

14 (d) RECRUITMENT OF INDIVIDUALS FOR PARTICIPA15 TION IN THE RECONSTRUCTION PROGRAM.—

16 (1) REQUIRED QUALIFICATIONS.—The Director

17 shall recruit individuals who are citizens of the

18 United States and who possess—

19 (A) at minimum, a four-year college or

20 university degree awarded from an accredited

21 college or university located in the United

22 States; or

23 (B) such skills or expertise as the Director

24 determines to be relevant or appropriate to

25 carry out the Reconstruction Program.


29884a.AAD
8

4

•HR 611 IH

1 (2) HAITIAN-AMERICANS.—To the maximum

2 extent practicable, the Director shall recruit Hai3 tian-Americans.

4 (e) USE OF FUNDS.—The Director shall use funds

5 appropriated for the Reconstruction Program to—

6 (1) cover the costs of housing, in such amounts

7 as the Director determines to be appropriate, for in8 dividuals who are deployed to Haiti to carry out the

9 Reconstruction Program; and

10 (2) pay such individuals a salary, in such

11 amounts as the Director determines to be appro12 priate, taking into consideration the expertise of an

13 individual and the position in the Reconstruction

14 Program held by such individual.

15 (f) LENGTH OF DEPLOYMENT IN HAITI.—

16 (1) ONE YEAR.—Individuals recruited under

17 subsection (d) may be deployed to Haiti under the

18 Reconstruction Program for no longer than one

19 year.

20 (2) EXCEPTION.—If the Director determines

21 that an extended period of deployment for any indi22 vidual is appropriate, and such individual consents

23 to such extension, the Director may extend the de24 ployment of such individual for no longer than two

25 additional years.


29884a.AAE
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5

•HR 611 IH

1 (g) REPORTS.—

2 (1) FIRST INTERIM REPORT.—Not later than

3 six months after the date of the enactment of this

4 Act, the President shall submit to Congress a first

5 interim report regarding the Reconstruction Pro6 gram.

7 (2) SECOND INTERIM REPORT.—Not later than

8 12 months after the date of the enactment of this

9 Act, the President shall submit to Congress a second

10 interim report regarding the Reconstruction Pro11 gram.

12 (3) FINAL REPORT.—Not later than 18 months

13 after the date of the enactment of this Act, the

14 President shall submit to Congress a final report re15 garding the Reconstruction Program.

16 (4) CONTENTS.—The interim and final reports

17 shall include information relating to the following:

18 (A) A description and explanation of the

19 process of recruitment of individuals for partici20 pation in the Reconstruction Program, includ21 ing a description and explanation of—

22 (i) the selection criteria used; and

23 (ii) any incentives offered and the cost

24 of such incentives.


29884a.AAF
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6

•HR 611 IH

1 (B) The number of individuals recruited

2 and the ministry or agency and the locality in

3 which each individual is placed.

4 (C) The potential for expansion of the Re5 construction Program.

6 (h) INFRASTRUCTURE DEFINED.—In this section,

7 the term ‘‘infrastructure’’ means a road, highway, bridge,

8 tunnel, airport, mass transportation vehicle or system,

9 intermodal transportation facility, waterway, commercial

10 port, drinking or waste water treatment facility, solid

11 waste disposal facility, pollution control system, and gas,

12 electricity, and oil utilities.

13 (i) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated to the President to carry

15 out this section such sums as may be necessary for each

16 of the fiscal years 2006 through 2011. It is the sense of

17 Congress that at least $3,000,000 should be made avail18 able for each of those fiscal years to carry out this section.

19 SEC. 3. HEALTHCARE ASSISTANCE PROGRAM FOR HAITI.

20 (a) HEALTHCARE PROGRAM AUTHORIZED.—The

21 President is authorized to establish a healthcare assistance

22 program for Haiti, to be known as the ‘‘Haiti Healthcare

23 Assistance Program’’ (in this section referred to as the

24 ‘‘Healthcare Program’’), under which grants may be made

25 to qualified nongovernmental organizations to establish


29884a.AAG
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7

•HR 611 IH

1 programs in Haiti related to the prevention of infectious

2 diseases in Haiti.

3 (b) COORDINATION.—If the President establishes the

4 Healthcare Program under subsection (a), the President

5 shall seek to work with appropriate officials from the Gov6 ernment of Haiti and with appropriate individuals from

7 international financial institutions, civil society, non8 governmental organizations, and international organiza9 tions to work in coordination and cooperation with quali10 fied nongovernmental organizations.

11 (c) USE OF GRANT FUNDS.—A qualified nongovern12 mental organization that receives a grant through this sec13 tion shall use the grant to promulgate a comprehensive

14 and integrated strategy to combat and control infectious

15 diseases in Haiti through the establishment of a com16 prehensive healthcare infrastructure in Haiti that focuses

17 on education, prevention, care, treatment, support, capac18 ity development, and other related activities.

19 (d) SATISFACTION OF CRITERIA TO BE CONSIDERED

20 A QUALIFIED NONGOVERNMENTAL ORGANIZATION.—The

21 Administrator of the United States Agency for Inter22 national Development shall promulgate criteria that shall

23 be satisfied by a nongovernmental organization in order

24 for such organization to be considered a qualified non25 governmental organization for purposes of this section.


29884a.AAH
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8

•HR 611 IH

1 (e) HEALTHCARE INFRASTRUCTURE DEFINED.—In

2 this section, the term ‘‘healthcare infrastructure’’ means

3 an inpatient or outpatient hospital, clinic, or medical facil4 ity and medical programs, including programs for hiring

5 physicians, nurses, or other medical personnel and pro6 grams for acquiring transportation and communications

7 systems for medical purposes.

8 (f) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated to the President to carry

10 out this section such sums as may be necessary for each

11 of the fiscal years 2006 through 2011. It is the sense of

12 Congress that at least $3,000,000 should be made avail13 able for each of those fiscal years to carry out this section.

Æ


29884a.AAI
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1

H.L.C.

AMENDMENT TO H.R. 611

OFFERED BY MR. LANTOS OF CALIFORNIA

Strike all after the enacting clause and insert the

following:

1 TITLE I—HAITI ECONOMIC AND

2 INFRASTRUCTURE RECON3 STRUCTION ACT

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Haiti Economic and

6 Infrastructure Reconstruction Act’’.

7 SEC. 102. ECONOMIC AND INFRASTRUCTURE RECONSTRUC8 TION PROGRAM FOR HAITI.

9 (a) PROGRAM AUTHORIZED.—The President, acting

10 through the Administrator of the United States Agency

11 for International Development, is authorized to establish

12 an economic and infrastructure reconstruction program

13 for the Republic of Haiti, to be known as the ‘‘Haiti Eco14 nomic and Infrastructure Reconstruction Program’’ (in

15 this section referred to as the ‘‘Reconstruction Program’’),

16 under which individuals who participate in the Recon17 struction Program will work with ministries and agencies

18 of the Government of Haiti to assist efforts of the GovernVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00017 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

29884b.AAB
14

2

H.L.C.

1 ment of Haiti for economic and infrastructure reconstruc2 tion and development in Haiti.

3 (b) COORDINATION.—In carrying out the Reconstruc4 tion Program, the President should seek to work with ap5 propriate officials from the Government of Haiti to iden6 tify ministries and agencies of the Government of Haiti

7 that require assistance for economic and infrastructure re8 construction and development with respect to—

9 (1) the economy, including a special emphasis

10 on the development of private and public domestic

11 and foreign business investment;

12 (2) the education system, including a special

13 emphasis on the development of school facilities,

14 teacher training programs, and administration man15 agement programs;

16 (3) the judiciary and the rule of law;

17 (4) the healthcare system; and

18 (5) the infrastructure, including a special em19 phasis on commercial ports to ensure that such

20 ports are secure for ships to dock to load and unload

21 goods.

22 (c) IDENTIFICATION OF INDIVIDUALS FOR PARTICI23 PATION IN THE RECONSTRUCTION PROGRAM.—


29884b.AAC
15

3

H.L.C.

1 (1) QUALIFICATIONS.—The President shall

2 identify individuals for participation in the Recon3 struction Program—

4 (A) who are—

5 (i) citizens of the United States or

6 lawfully admitted for permanent residence

7 in the United States; or

8 (ii) citizens of Haiti and residing in

9 Haiti; and

10 (B) who possess—

11 (i) at a minimum, a four-year college

12 or university degree awarded from an ac13 credited college or university located in the

14 United States or equivalent college or uni15 versity located outside the United States;

16 or

17 (ii) such skills or expertise as deter18 mined by the President to be relevant or

19 appropriate to carry out the Reconstruc20 tion Program.

21 (2) LIMITATION.—Not more than 30 percent of

22 the total number of individuals participating in the

23 Reconstruction Program may be individuals de24 scribed in paragraph (1)(A)(ii).


29884b.AAD
16

4

H.L.C.

1 (3) HAITIAN-AMERICANS.—To the maximum

2 extent practicable, the President shall identify Hai3 tian-Americans who meet the qualifications of para4 graph (1) for participation in the Reconstruction

5 Program.

6 (d) LENGTH OF SERVICE IN RECONSTRUCTION PRO7 GRAM.—

8 (1) ONE YEAR.—Individuals may participate in

9 the Reconstruction Program for no longer than one

10 year.

11 (2) EXCEPTION.—If the President determines

12 that an extended period of participation in the Re13 construction Program for any individual is appro14 priate, and the individual consents to such extension,

15 the President may extend the participation of the in16 dividual for no longer than two additional years.

17 (e) NOTICE AND CONSULTATION.—

18 (1) NOTICE.—Not later than 180 days after the

19 date on which the President establishes the Recon20 struction Program under subsection (a), the Presi21 dent shall—

22 (A) provide notice thereof to Congress; and

23 (B) transmit to Congress a report on the

24 Reconstruction Program that contains a de25 scription of—


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H.L.C.

1 (i) the qualifications, demographics,

2 and other appropriate information relating

3 to individuals who are recruited to partici4 pate in the Reconstruction Program,

5 including—

6 (I) with respect to individuals de7 scribed in subsection (c)(1)(A)(i), the

8 regions of the United States from

9 which such individuals are being re10 cruited;

11 (II) the needs that the individ12 uals are expected to fill under the Re13 construction Program; and

14 (III) the level of education of the

15 individuals; and

16 (ii) the efficacy of the Reconstruction

17 Program.

18 (2) CONSULTATION.—The President shall con19 sult with Congress on a periodic basis on the imple20 mentation of the Reconstruction Program, including

21 as to—

22 (A) the selection of projects or activities

23 that individuals will be involved with under the

24 Reconstruction Program; and


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H.L.C.

1 (B) the manner in which the Reconstruc2 tion Program will be made known to the public

3 in the United States and Haiti.

4 (f) SENSE OF CONGRESS.—It is the sense of Con5 gress that, to the maximum extent possible, the President

6 should work with the appropriate officials from the United

7 Nations and the Republic of Haiti to ensure that security

8 is provided at Haitian ports.

9 (g) DEFINITION.—In this section, the term ‘‘infra10 structure’’ means a road, highway, bridge, tunnel, airport,

11 mass transportation vehicle or system, intermodal trans12 portation facility, waterway, commercial port, school,

13 drinking or waste water treatment facility, solid waste dis14 posal facility, pollution control system, and gas, electricity,

15 and oil utilities.

16 (h) AUTHORIZATION OF APPROPRIATIONS.—

17 (1) IN GENERAL.—There are authorized to be

18 appropriated for each of the fiscal years 2007

19 through 2012 such sums as may be necessary to

20 carry out this section.

21 (2) SENSE OF CONGRESS.—It is the sense of

22 Congress that at least $3,000,000 should be made

23 available for each of the fiscal years described in

24 paragraph (1) to carry out this section.


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1 SEC. 103. HEALTHCARE ASSISTANCE PROGRAM FOR HAITI.

2 (a) HEALTHCARE PROGRAM AUTHORIZED.—The

3 President is authorized to establish a healthcare assistance

4 program for Haiti, to be known as the ‘‘Haiti Healthcare

5 Assistance Program’’ (in this section referred to as the

6 ‘‘Healthcare Program’’), under which funds may be pro7 vided, by grant or contract, to nongovernmental organiza8 tions that are working in coordination with the Haitian

9 Ministry of Health to establish programs in Haiti related

10 to the prevention of infectious diseases and delivery of

11 basic health care services.

12 (b) COORDINATION.—In carrying out the Healthcare

13 Program, the President should seek to work with appro14 priate officials from the Government of Haiti and with ap15 propriate individuals from international financial institu16 tions, civil society, nongovernmental organizations, and

17 international organizations to work in coordination and

18 cooperation with nongovernmental organizations that re19 ceive funds under this section.

20 (c) ELIGIBILITY OF NONGOVERNMENTAL ORGANIZA21 TIONS.—A nongovernmental organization may receive

22 funds under this section if the organization works through

23 the Administration’s comprehensive strategy to combat

24 and control infectious diseases and aid in the delivery of

25 basic health care in Haiti through a comprehensive

26 healthcare infrastructure that focuses on education, preVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00023 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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1 vention, care, treatment, support, capacity and develop2 ment, and other related activities.

3 (d) DEFINITION.—In this section, the term ‘‘com4 prehensive healthcare infrastructure’’ means an inpatient

5 hospital, clinic, or medical facility and medical programs,

6 including programs for hiring physicians, nurses, or other

7 medical personnel and programs for acquiring transpor8 tation and communications systems for medical purposes.

9 (e) AUTHORIZATION OF APPROPRIATIONS.—

10 (1) IN GENERAL.—There are authorized to be

11 appropriated for each of the fiscal years 2007

12 through 2012 such sums as may be necessary to

13 carry out this section.

14 (2) SENSE OF CONGRESS.—It is the sense of

15 Congress that at least $3,000,000 should be made

16 available for each of the fiscal years described in

17 paragraph (1) to carry out this section.

18 TITLE II—HENRY J. HYDE

19 SCHOLARSHIPS FOR HAITI

20 ACT OF 2006

21 SEC. 201. SHORT TITLE.

22 This title may be cited as the ‘‘Henry J. Hyde Schol23 arships for Haiti Act of 2006’’.

24 SEC. 202. FINDINGS.

25 Congress finds the following:


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1 (1) It is in the national interest of the United

2 States to improve the range and quality of edu3 cational alternatives for Haitian students, further

4 the development of Haiti, and build enduring rela5 tionships between the people of the United States

6 and the people of Haiti by providing a stable source

7 of financial support to give talented students in

8 Haiti the opportunity to study in the United States,

9 promoting the goal of basic education for all in

10 Haiti, and supporting partnerships between colleges

11 and universities in the United States and institu12 tions of higher learning in Haiti.

13 (2) Providing scholarships to foreign students

14 to study in the United States and forging partner15 ships among institutions of higher learning have

16 proven to be an effective means of creating strong

17 bonds between the United States and the future

18 leadership of developing countries and assisting

19 those countries to further substantially their devel20 opment objectives.

21 (3) Talented students from families of limited

22 financial means in Haiti traditionally have few, if

23 any, opportunities to continue their education in

24 their own country and are less likely to pursue high25 er education in the United States.


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1 (4) In 2003, 76 percent of the population in

2 Haiti earned less than the equivalent of $2.00 per

3 day, and 56 percent of the population in the country

4 in the same year earned less than the equivalent of

5 $1.00 per day.

6 (5) In 2003, the literacy rate of individuals in

7 Haiti who are older than 15 years of age was less

8 than 52 percent. The net primary school enrollment

9 rate was 68 percent, as compared to the average of

10 approximately 78 percent for other low income coun11 tries, such as Afghanistan and Guinea-Bissau.

12 (6) Women in Haiti are more likely to be ad13 versely affected by the dire economic and social con14 ditions in Haiti.

15 SEC. 203. STATEMENT OF PURPOSES.

16 The purposes of this title are—

17 (1) to establish an undergraduate scholarship

18 program which is designed to bring talented stu19 dents of limited financial means from Haiti to the

20 United States for study at United States institutions

21 of higher education—

22 (A) to improve the diversity and quality of

23 educational opportunities for such students;

24 (B) to assist the development efforts of

25 Haiti by providing training and educational asVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00026 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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1 sistance to persons who can help address the

2 social and economic needs of Haiti;

3 (C) to build a well-educated middle-class in

4 Haiti which is capable and willing to provide

5 leadership in the public and private sectors to

6 help sustain the political and economic progress

7 that is sorely needed to confront the daunting

8 challenges of that country; and

9 (D) to promote positive and productive re10 lationships between the United States and

11 Haiti; and

12 (2) to promote the goal of basic education for

13 all and establish partnerships between colleges and

14 universities in the United States and institutions of

15 higher learning in Haiti by—

16 (A) improving the quality of primary, sec17 ondary, and tertiary education in Haiti;

18 (B) making such education more accessible

19 to a greater number of Haitians, particularly

20 girls and women;

21 (C) designing and supporting centers of

22 excellence for teacher training and other activi23 ties to enhance the pedagogical skills and mate24 rials of teachers;


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H.L.C.

1 (D) creating programs to strengthen the

2 administration and management of education in

3 Haiti;

4 (E) assisting in the development efforts of

5 Haiti by strengthening the capacity of Haitian

6 educational institutions to address the country’s

7 social and economic challenges;

8 (F) improving the prospects for economic

9 growth and greater foreign investment by en10 hancing human capital in Haiti; and

11 (G) promoting positive relationships be12 tween the United States and Haiti through the

13 growth of professional partnerships among edu14 cators and educational institutions.

15 SEC. 204. HENRY J. HYDE SCHOLARSHIPS FOR HAITI PRO16 GRAM.

17 (a) PROGRAM AUTHORIZED.—

18 (1) IN GENERAL.—The President, acting

19 through the Administrator of the United States

20 Agency for International Development, is authorized

21 to establish a scholarship program for the Republic

22 of Haiti, to be known as the ‘‘Henry J. Hyde Schol23 arships for Haiti Program’’ (in this section referred

24 to as the ‘‘Scholarship Program’’), under which

25 scholarships (including partial assistance) are proVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00028 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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1 vided for undergraduate study at United States in2 stitutions of higher education (as such term is de3 fined in section 101 of the Higher Education Act of

4 1965 (20 U.S.C. 1001)) to citizens and nationals of

5 Haiti who have completed their secondary education

6 with distinction and who would not otherwise have

7 the opportunity to study in the United States due to

8 financial constraints.

9 (2) PREFERENCE.—The President may give

10 some preference under the Scholarship Program to

11 applicants seeking to complete associate degrees in

12 the United States.

13 (b) FORM OF SCHOLARSHIP.—To encourage Haitian

14 students to use their training and education for the benefit

15 of Haiti, each such student who receives a scholarship

16 under the Scholarship Program shall be subject to the

17 two-year foreign residency requirement for Department of

18 State-sponsored nonimmigrant visas issued in accordance

19 with subparagraph (J) of section 101(a)(15) of the Immi20 gration and Nationality Act (8 U.S.C. 1101(a)(15)).

21 (c) SCHOLARSHIP GUIDELINES.—The Scholarship

22 Program shall be carried out in accordance with the perti23 nent guidelines of section 604 of the Foreign Relations

24 Authorization Act, Fiscal Years 1986 and 1987 (22

25 U.S.C. 4704; Public Law 99–93; relating to guidelines for


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H.L.C.

1 United States scholarship program for developing coun2 tries).

3 (e) GENERAL AUTHORITIES.—

4 (1) PUBLIC AND PRIVATE SECTOR CONTRIBU5 TIONS.—

6 (A) IN GENERAL.—The President shall en7 courage the public and private sectors, particu8 larly the Haitian-American community, in the

9 United States and in Haiti to contribute to the

10 costs of the Scholarship Program.

11 (B) MATCHING PROGRAM.—In carrying

12 out subparagraph (A), Congress strongly en13 courages the President to design a matching

14 program in which contributions made by the

15 public and private sectors of the United States

16 and Haiti are matched by amounts made avail17 able to carry out the Scholarship Program

18 under this section. Not more than 25 percent of

19 amounts made available to carry out the Schol20 arship Program may be dedicated to the match21 ing program.

22 (2) UTILIZATION OF RETURNING SCHOLARSHIP

23 RECIPIENTS.—The President should seek to engage

24 the private sector of Haiti and international private

25 enterprises that are conducting business in Haiti to


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H.L.C.

1 maximize the opportunities for productive contribu2 tions to the development of Haiti by returning re3 cipients under the Scholarship Program.

4 (3) DELIVERY OF ASSISTANCE THROUGH THE

5 COOPERATIVE ASSOCIATION OF STATES FOR SCHOL6 ARSHIPS.—It is the sense of Congress that the

7 President should carry out the purposes of the

8 Scholarship Program through existing United States

9 scholarship programs, such as the Cooperative Asso10 ciation of States for Scholarships program.

11 SEC. 205. BASIC EDUCATION AND UNIVERSITY PARTNER12 SHIP PROGRAMS FOR HAITI.

13 The President, acting through the Administrator of

14 the United States Agency for International Development,

15 is authorized to—

16 (1) provide assistance for literacy and other

17 basic education programs in Haiti; and

18 (2) support partnerships between colleges and

19 universities in the United States and institutions of

20 higher learning in Haiti so as to improve the range

21 and quality of educational alternatives for Haitian

22 students, further the development of Haiti, and

23 build enduring relationships between the people of

24 the United States and the people of Haiti.


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1 SEC. 206. SENSE OF CONGRESS REGARDING THE PEACE

2 CORPS.

3 It is the sense of Congress that the President, acting

4 through the Director of the Peace Corps, should, as soon

5 as practicable, make available again to the Government

6 of Haiti qualified Peace Corps volunteers who would serve

7 under hardship conditions to—

8 (1) assist the people of Haiti to improve literacy

9 rates and meet other basic needs so that they can

10 become economically self-sufficient; and

11 (2) promote mutual understanding between the

12 people of the United States and the people of Haiti.

13 SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

14 (a) HENRY J. HYDE SCHOLARSHIPS FOR HAITI PRO15 GRAM.—There are authorized to be appropriated to the

16 President to carry out section 204 $2,500,000 for each

17 of fiscal years 2007, 2008, and 2009.

18 (c) BASIC EDUCATION AND UNIVERSITY PARTNER19 SHIP PROGRAMS FOR HAITI.—Of the amounts authorized

20 to be appropriated to carry out chapter 1 of part I of the

21 Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.;

22 relating to development assistance) for each of fiscal years

23 2007, 2008, and 2009, and which are not allocated for

24 assistance for countries in Latin America and the

25 Caribbean—


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H.L.C.

1 (1) not less than $3,000,000 for each such fis2 cal year is authorized to be made available to carry

3 out section 205(1); and

4 (2) $500,000 for each such fiscal year is au5 thorized to be made available to carry out section

6 205(2).

7 (b) ADDITIONAL AUTHORITIES.—Amounts made

8 available under this section are—

9 (1) authorized to remain available until ex10 pended; and

11 (2) in addition to amounts otherwise available

12 for such purposes.


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I

109TH CONGRESS

1ST SESSION H. R. 1476

To amend the Eisenhower Exchange Fellowship Act of 1990 to authorize

additional appropriations for the Eisenhower Exchange Fellowship Program Trust Fund, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 5, 2005

Mr. TIAHRT introduced the following bill; which was referred to the

Committee on International Relations

A BILL

To amend the Eisenhower Exchange Fellowship Act of 1990

to authorize additional appropriations for the Eisenhower

Exchange Fellowship Program Trust Fund, 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 ‘‘Eisenhower Exchange

5 Fellowship Program Trust Fund Enhancement Act of

6 2005’’.

7 SEC. 2. FINDINGS.

8 Congress finds the following:


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•HR 1476 IH

1 (1) 2003 marked the 50th anniversary of the

2 establishment of the Eisenhower Exchange Fellow3 ship program.

4 (2) The Eisenhower Exchange Fellowship pro5 gram was founded to honor the 34th President,

6 Dwight D. Eisenhower, for his character, courage,

7 patriotism, and commitment to international under8 standing through exchange.

9 (3) Over the past 50 years the Eisenhower Ex10 change Fellowship program has exposed thousands

11 of leaders throughout the world to the values of

12 American political institutions, private sector com13 merce, educational opportunities, and cultural and

14 societal traditions.

15 (4) Eisenhower Exchange Fellows worldwide

16 have assumed positions of leadership in their respec17 tive countries, whether in the fields of government,

18 industry, or civil society, and they retain links to the

19 United States through their membership in Eisen20 hower Exchange Fellowships.

21 (5) The Eisenhower Exchange Fellowship is de22 veloping a new program to broaden its geographic

23 base to emphasize the relationship of the United

24 States with the Arab world.


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•HR 1476 IH

1 (6) Congress has previously recognized the im2 portance of the work of the Eisenhower Exchange

3 Fellowship program when it granted the program a

4 Federal Charter under section 3(a) of Public Law

5 101–454.

6 (7) The Eisenhower Exchange Fellowship is one

7 of the best examples of public and private partner8 ships.

9 (8) Additional resources are required to achieve

10 the goals and objectives of the Eisenhower Exchange

11 Fellowship program in the 21st century.

12 SEC. 3. AUTHORIZATION OF ONE-TIME ADDITIONAL APPRO13 PRIATION FOR THE EISENHOWER EXCHANGE

14 FELLOWSHIP PROGRAM TRUST FUND.

15 Section 5 of the Eisenhower Exchange Fellowship

16 Act of 1990 (Public Law 101–454; 20 U.S.C. 5204) is

17 amended—

18 (1) by striking ‘‘To provide’’ and inserting ‘‘(a)

19 INITIAL ENDOWMENT.—To provide’’; and

20 (2) by adding at the end the following new sub21 section:

22 ‘‘(b) ENHANCED ENDOWMENT.—In addition to the

23 amount initially appropriated pursuant to the authoriza24 tion of appropriations under subsection (a), there is auVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00036 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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•HR 1476 IH

1 thorized to be appropriated to the Eisenhower Exchange

2 Fellowship Program Trust Fund $12,500,000.’’.

Æ


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H.L.C.

AMENDMENT TO H.R. 1476

OFFERED BY MR. HYDE OF ILLINOIS

In section 2, strike paragraphs (1), (6), and (8), and

redesignate paragraphs (2), (3), (4), (5), and (7) as

paragraphs (1), (2), (3), (4), and (5), respectively.

Page 4, line 2, strike ‘‘12,500,000’’ and insert

‘‘7,000,000’’.


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I

109TH CONGRESS

1ST SESSION H. R. 1996

To amend the Foreign Assistance Act of 1961 to provide for debt relief

to developing countries that take action to protect critical coral reef habitats.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 2005

Mr. KIRK (for himself, Mr. HASTINGS of Florida, Mr. SAXTON, Ms.

BORDALLO, Mr. EHLERS, Mr. MEEKS of New York, Mr. WELLER, and

Mr. OWENS) introduced the following bill; which was referred to the Committee on International Relations

A BILL

To amend the Foreign Assistance Act of 1961 to provide

for debt relief to developing countries that take action

to protect critical coral reef habitats.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DEBT REDUCTION FOR DEVELOPING COUN4 TRIES WITH CORAL REEFS AND OTHER

5 COASTAL MARINE RESOURCES.

6 The Foreign Assistance Act of 1961 (22 U.S.C. 2151

7 et seq.) is amended by adding at the end the following:


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•HR 1996 IH

1 ‘‘PART VI—DEBT REDUCTION FOR DEVELOPING

2 COUNTRIES WITH CORAL REEFS AND OTHER

3 COASTAL MARINE RESOURCES

4 ‘‘SEC. 901. SHORT TITLE.

5 ‘‘This part may be cited as the ‘Coral Reef and

6 Coastal Marine Conservation Act of 2005’.

7 ‘‘SEC. 902. FINDINGS AND PURPOSES.

8 ‘‘(a) FINDINGS.—The Congress finds the following:

9 ‘‘(1) It is the established policy of the United

10 States to support and seek the protection and res11 toration of natural coastal marine areas, in par12 ticular coral reefs and other critically imperiled

13 coastal marine resources around the world, as dem14 onstrated by the establishment of the United States

15 Government’s Coral Reef Task Force under Execu16 tive Order 13089 (June 11, 1998) and by the em17 phasis given to coral reefs at the Conference on

18 Oceans held in Monterey, California.

19 ‘‘(2) Coral reefs and other coastal marine re20 sources provide a wide range of benefits to mankind

21 by—

22 ‘‘(A) harboring a major share of the

23 world’s marine biological diversity, and by act24 ing as seed-grounds and nurseries for many

25 deep-sea species; and


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•HR 1996 IH

1 ‘‘(B) serving as the basis for major activi2 ties of critical economic, social, and cultural im3 portance, including fishing, pharmaceutical re4 search, recreation, tourism, and the natural pu5 rification and recharge of waters.

6 ‘‘(3) International organizations and assistance

7 programs to conserve coral reefs and other coastal

8 marine resources have proliferated in recent years,

9 but the rapid destruction of these resources nonethe10 less continues in many countries.

11 ‘‘(4) Poverty and economic pressures on many

12 developing countries, including the burden of official

13 debts, has promoted inefficient, unsustainable over14 exploitation of coral reefs and other coastal marine

15 resources, while also denying necessary funds to pro16 tection efforts.

17 ‘‘(5) Reduction of official, government-to-gov18 ernment debts can help reduce economic pressures

19 for over-exploitation of coral reefs and other coastal

20 marine resources and can mobilize additional re21 sources for their protection.

22 ‘‘(b) PURPOSES.—The purposes of this part are—

23 ‘‘(1) to recognize the values received by United

24 States citizens from protection of coral reefs and

25 other coastal marine resources;


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•HR 1996 IH

1 ‘‘(2) to facilitate greater protection of remain2 ing coral reefs and other coastal marine resources,

3 and the recovery of damaged areas, by providing for

4 the alleviation of debt in countries where these re5 sources are located, thus allowing for the use of ad6 ditional resources to protect and restore such coral

7 reefs and other coastal marine resources, and to re8 duce economic pressures that have led to

9 unsustainable exploitation; and

10 ‘‘(3) to ensure that resources freed from debt in

11 such countries are rechanneled to protection of coral

12 reefs and other coastal marine resources.

13 ‘‘SEC. 903. DEFINITIONS.

14 ‘‘In this part:

15 ‘‘(1) ADMINISTERING BODY.—The term ‘admin16 istering body’ means the entity provided for in sec17 tion 908(c).

18 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘appropriate congressional com20 mittees’ means—

21 ‘‘(A) the Committee on International Rela22 tions and the Committee on Appropriations of

23 the House of Representatives; and


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•HR 1996 IH

1 ‘‘(B) the Committee on Foreign Relations

2 and the Committee on Appropriations of the

3 Senate.

4 ‘‘(3) BENEFICIARY COUNTRY.—The term ‘bene5 ficiary country’ means an eligible country with re6 spect to which the authority of section 906(a) or

7 paragraph (1) or (2) of section 907(a) of this part

8 is exercised.

9 ‘‘(4) BOARD.—The term ‘Board’ means the

10 board referred to in section 910.

11 ‘‘(5) CORAL.—The term ‘coral’ means species

12 of the phylum Cnidaria, including—

13 ‘‘(A) all species of the orders Antipatharia

14 (black corals), Scleractinia (stony corals),

15 Alcyonacea (soft corals), Gorgonacea (horny

16 corals), Stolonifera (organpipe corals and oth17 ers), and Coenothecalia (blue coral), of the class

18 Anthozoa; and

19 ‘‘(B) all species of the order

20 Hydrocorallina (fire corals and hydrocorals) of

21 the class Hydrozoa.

22 ‘‘(6) CORAL REEF.—The term ‘coral reef’

23 means any reef or shoal composed primarily of cor24 als.


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•HR 1996 IH

1 ‘‘(7) DEVELOPING COUNTRY WITH A CORAL

2 REEF OR OTHER COASTAL MARINE RESOURCE.—The

3 term ‘developing country with a coral reef or other

4 coastal marine resource’ means—

5 ‘‘(A)(i) a country that has a per capita in6 come of $725 or less in 1994 United States dol7 lars (commonly referred to as ‘low-income coun8 try’), as determined and adjusted on an annual

9 basis by the International Bank for Reconstruc10 tion and Development in its World Development

11 Report; or

12 ‘‘(ii) a country that has a per capita in13 come of more than $725 but less than $8,956

14 in 1994 United States dollars (commonly re15 ferred to as ‘middle-income country’), as deter16 mined and adjusted on an annual basis by the

17 International Bank for Reconstruction and De18 velopment in its World Development Report;

19 and

20 ‘‘(B) a country that contains at least one

21 coral reef or other coastal marine resource that

22 is of conservation concern.

23 ‘‘(8) ELIGIBLE COUNTRY.—The term ‘eligible

24 country’ means a country designated by the Presi25 dent in accordance with section 905.


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•HR 1996 IH

1 ‘‘(9) CORAL REEF AND OTHER COASTAL MA2 RINE RESOURCES AGREEMENT.—The term ‘Coral

3 Reef and Other Coastal Marine Resources Agree4 ment’ or ‘Agreement’ means an Coral Reef and

5 Other Coastal Marine Resources Agreement as pro6 vided for in section 908.

7 ‘‘(10) CORAL REEF AND OTHER COASTAL MA8 RINE RESOURCES FACILITY.—The term ‘Coral Reef

9 and Other Coastal Marine Resources Facility’ or

10 ‘Facility’ means the Coral Reef and Other Coastal

11 Marine Resources Facility established in the Depart12 ment of the Treasury by section 904.

13 ‘‘(11) CORAL REEF AND OTHER COASTAL MA14 RINE RESOURCES FUND.—The term ‘Coral Reef and

15 Other Coastal Marine Resources Fund’ or ‘Fund’

16 means a Coral Reef and Other Coastal Marine Re17 sources Fund provided for in section 909.

18 ‘‘SEC. 904. ESTABLISHMENT OF THE FACILITY.

19 ‘‘There is established in the Department of the

20 Treasury an entity to be known as the ‘Coral Reef and

21 Other Coastal Marine Resources Facility’ for the purpose

22 of providing for the administration of debt reduction in

23 accordance with this part.


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•HR 1996 IH

1 ‘‘SEC. 905. ELIGIBILITY FOR BENEFITS.

2 ‘‘(a) IN GENERAL.—To be eligible for benefits from

3 the Facility under this part, a country shall be a devel4 oping country with a coral reef or other coastal marine

5 resource—

6 ‘‘(1) the government of which meets the re7 quirements applicable to Latin American or Carib8 bean countries under paragraphs (1) through (5)

9 and (7) of section 703(a) of this Act; and

10 ‘‘(2) that has established investment reforms,

11 as evidenced by the conclusion of a bilateral invest12 ment treaty with the United States, implementation

13 of an investment sector loan with the Inter-Amer14 ican Development Bank, World Bank-supported in15 vestment reforms, or other measures, as appropriate.

16 ‘‘(b) ELIGIBILITY DETERMINATIONS.—

17 ‘‘(1) IN GENERAL.—Consistent with subsection

18 (a), the President shall determine whether a country

19 is eligible to receive benefits under this part.

20 ‘‘(2) CONGRESSIONAL NOTIFICATION.—The

21 President shall notify the appropriate congressional

22 committees of the intention of the President to des23 ignate a country as an eligible country at least 15

24 days in advance of any formal determination.


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•HR 1996 IH

1 ‘‘SEC. 906. REDUCTION OF DEBT OWED TO THE UNITED

2 STATES AS A RESULT OF CONCESSIONAL

3 LOANS UNDER THIS ACT.

4 ‘‘(a) AUTHORITY TO REDUCE DEBT.—

5 ‘‘(1) AUTHORITY.—The President may reduce

6 the amount owed to the United States (or any agen7 cy of the United States) that is outstanding as of

8 January 1, 2005, as a result of concessional loans

9 made to an eligible country by the United States

10 under this Act or predecessor foreign economic as11 sistance legislation.

12 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

13 For the cost (as defined in section 502(5) of the

14 Federal Credit Reform Act of 1990) for the reduc15 tion of any debt pursuant to this section, there are

16 authorized to be appropriated to the President

17 $10,000,000 for each of the fiscal years 2006

18 through 2009.

19 ‘‘(3) CERTAIN PROHIBITIONS INAPPLICABLE.—

20 ‘‘(A) IN GENERAL.—A reduction of debt

21 pursuant to this section shall not be considered

22 assistance for purposes of any provision of law

23 limiting assistance to a country.

24 ‘‘(B) ADDITIONAL REQUIREMENT.—The

25 authority of this section may be exercised not26 withstanding section 620(r) of this Act or secVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00047 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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1 tion 321 of the International Development and

2 Food Assistance Act of 1975.

3 ‘‘(b) IMPLEMENTATION OF DEBT REDUCTION.—

4 ‘‘(1) IN GENERAL.—Any debt reduction pursu5 ant to subsection (a) shall be accomplished at the di6 rection of the Facility by the exchange of a new obli7 gation for obligations of the type referred to in sub8 section (a) outstanding as of the date specified in

9 subsection (a)(1).

10 ‘‘(2) EXCHANGE OF OBLIGATIONS.—

11 ‘‘(A) IN GENERAL.—The Facility shall no12 tify the United States Agency for International

13 Development of an agreement entered into

14 under paragraph (1) with an eligible country to

15 exchange a new obligation for outstanding obli16 gations.

17 ‘‘(B) ADDITIONAL REQUIREMENT.—At the

18 direction of the Facility, the old obligations that

19 are the subject of the agreement shall be can20 celed and a new debt obligation for the country

21 shall be established relating to the agreement,

22 and the United States Agency for International

23 Development shall make an adjustment in its

24 accounts to reflect the debt reduction.


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•HR 1996 IH

1 ‘‘(c) ADDITIONAL TERMS AND CONDITIONS.—The

2 following additional terms and conditions shall apply to

3 the reduction of debt under subsection (a)(1) in the same

4 manner as such terms and conditions apply to the reduc5 tion of debt under section 704(a)(1) of this Act:

6 ‘‘(1) The provisions relating to repayment of

7 principal under section 705 of this Act.

8 ‘‘(2) The provisions relating to interest on new

9 obligations under section 706 of this Act.

10 ‘‘SEC. 907. AUTHORITY TO ENGAGE IN DEBT-FOR-NATURE

11 SWAPS AND DEBT BUYBACKS.

12 ‘‘(a) LOANS AND CREDITS ELIGIBLE FOR SALE, RE13 DUCTION, OR CANCELLATION.—

14 ‘‘(1) DEBT-FOR-NATURE SWAPS.—

15 ‘‘(A) IN GENERAL.—Notwithstanding any

16 other provision of law, the President may, in

17 accordance with this section, sell to any eligible

18 purchaser described in subparagraph (B) any

19 concessional loans described in section

20 906(a)(1), or on receipt of payment from an eli21 gible purchaser described in subparagraph (B),

22 reduce or cancel such loans or portion thereof,

23 only for the purpose of facilitating a debt-for24 nature swap to support eligible activities de25 scribed in section 908(d).


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•HR 1996 IH

1 ‘‘(B) ELIGIBLE PURCHASER DESCRIBED.—

2 A loan may be sold, reduced, or canceled under

3 subparagraph (A) only to a purchaser who pre4 sents plans satisfactory to the President for

5 using the loan for the purpose of engaging in

6 debt-for-nature swaps to support eligible activi7 ties described in section 908(d).

8 ‘‘(C) CONSULTATION REQUIREMENT.—Be9 fore the sale under subparagraph (A) to any eli10 gible purchaser described in subparagraph (B),

11 or any reduction or cancellation under such

12 subparagraph (A), of any loan made to an eligi13 ble country, the President shall consult with the

14 country concerning the amount of loans to be

15 sold, reduced, or canceled and their uses for

16 debt-for-nature swaps to support eligible activi17 ties described in section 908(d).

18 ‘‘(D) AUTHORIZATION OF APPROPRIA19 TIONS.—For the cost (as defined in section

20 502(5) of the Federal Credit Reform Act of

21 1990) for the reduction of any debt pursuant to

22 subparagraph (A), amounts authorized to be

23 appropriated under section 906(a)(2) shall be

24 made available for such reduction of debt pur25 suant to subparagraph (A).


29884e.AAM
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•HR 1996 IH

1 ‘‘(2) DEBT BUYBACKS.—Notwithstanding any

2 other provision of law, the President may, in accord3 ance with this section, sell to any eligible country

4 any concessional loans described in section

5 906(a)(1), or on receipt of payment from an eligible

6 purchaser described in paragraph (1)(B), reduce or

7 cancel such loans or portion thereof, only for the

8 purpose of facilitating a debt buyback by an eligible

9 country of its own qualified debt, only if the eligible

10 country uses an additional amount of the local cur11 rency of the eligible country, equal to not less than

12 the lessor of 40 percent of the price paid for such

13 debt by such eligible country, or the difference be14 tween the price paid for such debt and the face value

15 of such debt, to support eligible activities described

16 in section 908(d).

17 ‘‘(3) LIMITATION.—The authority provided by

18 paragraphs (1) and (2) shall be available only to the

19 extent that appropriations for the cost (as defined in

20 section 502(5) of the Federal Credit Reform Act of

21 1990) of the modification of any debt pursuant to

22 such paragraphs are made in advance.

23 ‘‘(4) TERMS AND CONDITIONS.—Notwith24 standing any other provision of law, the President

25 shall, in accordance with this section, establish the


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•HR 1996 IH

1 terms and conditions under which loans may be sold,

2 reduced, or canceled pursuant to this section.

3 ‘‘(5) ADMINISTRATION.—

4 ‘‘(A) IN GENERAL.—The Facility shall no5 tify the Administrator of the United States

6 Agency for International Development of eligi7 ble purchasers described in paragraph (1)(B)

8 that the President has determined to be eligible

9 under paragraph (1), and shall direct such

10 agency to carry out the sale, reduction, or can11 cellation of a loan pursuant to such paragraph.

12 ‘‘(B) ADDITIONAL REQUIREMENT.—Such

13 agency shall make an adjustment in its ac14 counts to reflect the sale, reduction, or cancella15 tion of such a loan.

16 ‘‘(b) DEPOSIT OF PROCEEDS.—The proceeds from

17 the sale, reduction, or cancellation of any loan sold, re18 duced or canceled pursuant to this section shall be depos19 ited in the United States Government account or accounts

20 established for the repayment of such loan.

21 ‘‘SEC. 908. CORAL REEF AND OTHER COASTAL MARINE RE22 SOURCES AGREEMENT.

23 ‘‘(a) AUTHORITY.—

24 ‘‘(1) IN GENERAL.—The Secretary of State is

25 authorized, in consultation with other appropriate


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•HR 1996 IH

1 officials of the Federal Government, to enter into a

2 Coral Reef and Other Coastal Marine Resources

3 Agreement with any eligible country concerning the

4 operation and use of the Fund for that country.

5 ‘‘(2) CONSULTATION.—In the negotiation of

6 such an Agreement, the Secretary shall consult with

7 the Board in accordance with section 910.

8 ‘‘(b) CONTENTS OF AGREEMENT.—The requirements

9 contained in section 708(b) of this Act (relating to con10 tents of an agreement) shall apply to an Agreement in

11 the same manner as such requirements apply to an Amer12 icas Framework Agreement.

13 ‘‘(c) ADMINISTERING BODY.—

14 ‘‘(1) IN GENERAL.—Amounts disbursed from

15 the Fund in each beneficiary country shall be admin16 istered by a body constituted under the laws of that

17 country.

18 ‘‘(2) COMPOSITION.—

19 ‘‘(A) IN GENERAL.—The administering

20 body shall consist of—

21 ‘‘(i) one or more individuals appointed

22 by the United States Government;

23 ‘‘(ii) one or more individuals ap24 pointed by the government of the bene25 ficiary country; and


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1 ‘‘(iii) individuals who represent a

2 broad range of—

3 ‘‘(I) environmental non-govern4 mental organizations of, or active in,

5 the beneficiary country;

6 ‘‘(II) local community develop7 ment non-governmental organizations

8 of the beneficiary country; and

9 ‘‘(III) scientific, academic, or for10 estry organizations of the beneficiary

11 country.

12 ‘‘(B) ADDITIONAL REQUIREMENT.—A ma13 jority of the members of the administering body

14 shall be individuals described in subparagraph

15 (A)(iii).

16 ‘‘(3) RESPONSIBILITIES.—The requirements

17 contained in section 708(c)(3) of this Act (relating

18 to responsibilities of the administering body) shall

19 apply to an administering body described in para20 graph (1) in the same manner as such requirements

21 apply to an administering body described in section

22 708(c)(1) of this Act.

23 ‘‘(d) ELIGIBLE ACTIVITIES.—Amounts deposited in a

24 Fund shall be used only to provide grants to conserve,

25 maintain, and restore the coral reefs and other coastal maVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00054 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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1 rine resources in the beneficiary country, through one or

2 more of the following activities:

3 ‘‘(1) Establishment, restoration, protection, and

4 maintenance of parks, protected areas, and reserves.

5 ‘‘(2) Development and implementation of sci6 entifically sound systems of natural resource man7 agement, including ‘ridgeline to reef’ and ecosystem

8 management practices.

9 ‘‘(3) Training programs to increase the sci10 entific, technical, and managerial capacities of indi11 viduals and organizations involved in conservation

12 efforts.

13 ‘‘(4) Restoration, protection, or sustainable use

14 of diverse marine animal and plant species.

15 ‘‘(5) Development and support of the livelihoods

16 of individuals living near a coral reef or other coast17 al marine resource, in a manner consistent with pro18 tecting those resources.

19 ‘‘(e) GRANT RECIPIENTS.—

20 ‘‘(1) IN GENERAL.—Grants made from a Fund

21 shall be made to—

22 ‘‘(A) nongovernmental environmental, for23 estry, conservation, and indigenous peoples or24 ganizations of, or active in, the beneficiary

25 country;


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•HR 1996 IH

1 ‘‘(B) other appropriate local or regional

2 entities of, or active in, the beneficiary country;

3 or

4 ‘‘(C) in exceptional circumstances, the gov5 ernment of the beneficiary country.

6 ‘‘(2) PRIORITY.—In providing grants under

7 paragraph (1), priority shall be given to projects

8 that are run by nongovernmental organizations and

9 other private entities and that involve local commu10 nities in their planning and execution.

11 ‘‘(f) REVIEW OF LARGER GRANTS.—Any grant of

12 more than $100,000 from a Fund shall be subject to veto

13 by the Government of the United States or the govern14 ment of the beneficiary country.

15 ‘‘(g) ELIGIBILITY CRITERIA.—In the event that a

16 country ceases to meet the eligibility requirements set

17 forth in section 905(a), as determined by the President

18 pursuant to section 905(b), then grants from the Fund

19 for that country may only be made to nongovernmental

20 organizations until such time as the President determines

21 that such country meets the eligibility requirements set

22 forth in section 905(a).


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•HR 1996 IH

1 ‘‘SEC. 909. CORAL REEF AND OTHER COASTAL MARINE RE2 SOURCES FUND.

3 ‘‘(a) ESTABLISHMENT.—Each beneficiary country

4 that enters into a Coral Reef and Other Coastal Marine

5 Resources Agreement under section 908 shall be required

6 to establish a Coral Reef and Other Coastal Marine Re7 sources Fund to receive payments of interest on new obli8 gations undertaken by the beneficiary country under this

9 part.

10 ‘‘(b) REQUIREMENTS RELATING TO OPERATION OF

11 FUND.—The following terms and conditions shall apply

12 to the Fund in the same manner as such terms as condi13 tions apply to an Enterprise for the Americas Fund under

14 section 707 of this Act:

15 ‘‘(1) The provision relating to deposits under

16 subsection (b) of such section.

17 ‘‘(2) The provision relating to investments

18 under subsection (c) of such section.

19 ‘‘(3) The provision relating to disbursements

20 under subsection (d) of such section.

21 ‘‘SEC. 910. BOARD.

22 ‘‘(a) ENTERPRISE FOR THE AMERICAS BOARD.—The

23 Enterprise for the Americas Board established under sec24 tion 610(a) of the Agricultural Trade Development and

25 Assistance Act of 1954 (7 U.S.C. 1738i(a)) shall, in addi26 tion to carrying out the responsibilities of the Board under


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•HR 1996 IH

1 section 610(c) of such Act, carry out the duties described

2 in subsection (c) of this section for the purposes of this

3 part.

4 ‘‘(b) MEMBERSHIP.—

5 ‘‘(1) INITIAL MEMBERSHIP.—Of the six mem6 bers of the Enterprise for the Americas Board ap7 pointed by the President under section 610(b)(1)(A)

8 of the Agricultural Trade Development and Assist9 ance Act of 1954 (7 U.S.C. 1738i(b)(1)(A)), at least

10 one shall be a representative of the Department of

11 State, at least one shall be a representative of the

12 Department of the Treasury, and at least one shall

13 be a representative of the Inter-American Founda14 tion.

15 ‘‘(2) ADDITIONAL MEMBERSHIP.—The Enter16 prise for the Americas Board shall be composed of

17 an additional four members appointed by the Presi18 dent as follows:

19 ‘‘(A) Two representatives from the United

20 States Government, including a representative

21 of the National Oceanographic and Atmospheric

22 Administration (NOAA) and a representative of

23 the United States Geological Survey (USGS).

24 ‘‘(B) Two representatives from private

25 nongovernmental environmental, scientific, forVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00058 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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•HR 1996 IH

1 estry, or academic organizations with experience

2 and expertise in preservation, maintenance, sus3 tainable uses, and restoration of coral reefs and

4 other coastal marine resources.

5 ‘‘(c) DUTIES.—The duties described in this sub6 section are as follows:

7 ‘‘(1) Advise the Secretary of State on the nego8 tiations of Coral Reef and Other Coastal Marine Re9 sources Agreements.

10 ‘‘(2) Ensure, in consultation with—

11 ‘‘(A) the government of the beneficiary

12 country;

13 ‘‘(B) nongovernmental organizations of the

14 beneficiary country;

15 ‘‘(C) nongovernmental organizations of the

16 region (if appropriate);

17 ‘‘(D) environmental, scientific, oceano18 graphic, and academic leaders of the beneficiary

19 country; and

20 ‘‘(E) environmental, scientific, oceano21 graphic, and academic leaders of the region (as

22 appropriate),

23 that a suitable administering body is identified for

24 each Fund.


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•HR 1996 IH

1 ‘‘(3) Review the programs, operations, and fis2 cal audits of each administering body.

3 ‘‘SEC. 911. CONSULTATIONS WITH THE CONGRESS.

4 ‘‘The President shall consult with the appropriate

5 congressional committees on a periodic basis to review the

6 operation of the Facility under this part and the eligibility

7 of countries for benefits from the Facility under this part.

8 ‘‘SEC. 912. ANNUAL REPORTS TO THE CONGRESS.

9 ‘‘(a) IN GENERAL.—Not later than December 31 of

10 each year, the President shall prepare and transmit to the

11 Congress an annual report concerning the operation of the

12 Facility for the prior fiscal year. Such report shall

13 include—

14 ‘‘(1) a description of the activities undertaken

15 by the Facility during the previous fiscal year;

16 ‘‘(2) a description of any Agreement entered

17 into under this part;

18 ‘‘(3) a report on any Funds that have been es19 tablished under this part and on the operations of

20 such Funds; and

21 ‘‘(4) a description of any grants that have been

22 provided by administering bodies pursuant to Agree23 ments under this part.

24 ‘‘(b) SUPPLEMENTAL VIEWS IN ANNUAL REPORT.—

25 Not later than December 15 of each year, each member


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•HR 1996 IH

1 of the Board shall be entitled to receive a copy of the re2 port required under subsection (a). Each member of the

3 Board may prepare and submit supplemental views to the

4 President on the implementation of this part by December

5 31 for inclusion in the annual report when it is trans6 mitted to Congress pursuant to this section.’’.

Æ


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1

I

109TH CONGRESS

2D SESSION H. R. 5805

To promote nuclear nonproliferation in North Korea.

IN THE HOUSE OF REPRESENTATIVES

JULY 13, 2006

Mr. ROYCE (for himself, Mr. SHERMAN, Ms. ROS-LEHTINEN, Mr. MCCOTTER,

Mr. CARDOZA, Ms. WATSON, Mr. BURTON of Indiana, Ms. MCCOLLUM

of Minnesota, Mr. ISSA, and Mr. BERMAN) introduced the following bill;

which was referred to the Committee on International Relations, and in

addition to the Committee on Science, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To promote nuclear nonproliferation in North Korea.

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 ‘‘North Korea Non5 proliferation Act of 2006’’.

6 SEC. 2. STATEMENT OF POLICY.

7 In view of North Korea’s manifest determination to

8 proliferate missiles, nuclear weapons, and other weapons

9 of mass destruction in violation of international norms and


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•HR 5805 IH

1 expectations, it should be the policy of the United States

2 to impose sanctions on persons who transfer such weap3 ons, and goods and technology related to such weapons,

4 to and from North Korea in the same manner as persons

5 who transfer such items to and from Iran and Syria cur6 rently are sanctioned under United States law.

7 SEC. 3. AMENDMENTS TO IRAN AND SYRIA NONPROLIFERA8 TION ACT.

9 (a) REPORTING REQUIREMENTS.—Section 2 of the

10 Iran and Syria Nonproliferation Act (Public Law 106–

11 178; 50 U.S.C. 1701 note) is amended—

12 (1) in the heading, by inserting ‘‘, NORTH

13 KOREA,’’ after ‘‘IRAN’’; and

14 (2) in subsection (a)—

15 (A) in the matter preceding paragraph

16 (1)—

17 (i) by striking ‘‘Iran, or’’ and insert18 ing ‘‘Iran,’’; and

19 (ii) by inserting after ‘‘Syria’’ the fol20 lowing: ‘‘, or on or after January 1, 2006,

21 transferred to or acquired from North

22 Korea’’ after ‘‘Iran’’; and

23 (B) in paragraph (2), by inserting ‘‘,

24 North Korea,’’ after ‘‘Iran’’.


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•HR 5805 IH

1 (b) CONFORMING AMENDMENTS.—Such Act is fur2 ther amended—

3 (1) in section 1, by inserting ‘‘, NORTH

4 KOREA,’’ after ‘‘IRAN’’;

5 (2) in section 5(a), by inserting ‘‘, North

6 Korea,’’ after ‘‘Iran’’ both places it appears; and

7 (3) in section 6(b)—

8 (A) in the heading, by inserting ‘‘, NORTH

9 KOREA,’’ after ‘‘IRAN’’; and

10 (B) by inserting ‘‘, North Korea,’’ after

11 ‘‘Iran’’ each place it appears.

12 SEC. 4. SENSE OF CONGRESS ON INTERNATIONAL CO13 OPERATION.

14 Congress urges all governments concerned about the

15 threat of proliferation involving North Korea to impose

16 measures on persons involved in such proliferation that

17 are similar to those imposed by the United States Govern18 ment pursuant to the Iran, North Korea, and Syria Non19 proliferation Act, as amended by this Act.

Æ


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1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 5805

OFFERED BY MR. ROYCE OF CALIFORNIA

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘North Korea Non3 proliferation Act of 2006’’.

4 SEC. 2. STATEMENT OF POLICY.

5 In view of—

6 (1) North Korea’s manifest determination to

7 proliferate missiles, nuclear weapons, and other

8 weapons of mass destruction in violation of inter9 national norms and expectations, and

10 (2) United Nations Security Council Resolution

11 1695, adopted unanimously on July 15, 2006, which

12 condemned the multiple launches by North Korea of

13 ballistic missiles on July 4, 2006, and requires all

14 Member States, in accordance with their national

15 legal authorities and consistent with international

16 law, to exercise vigilance and prevent—

17 (A) missile and missile-related items, mate18 rials, goods, and technology from being transVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00065 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 ferred to North Korea’s missile or weapons of

2 mass destruction programs, and

3 (B) the procurement of missiles or missile4 related items, materials, goods, and technology

5 from North Korea, and the transfer of any fi6 nancial resources in relation to North Korea’s

7 missile or weapons of mass destruction pro8 grams,

9 it should be the policy of the United States to im10 pose sanctions on persons who transfer such weap11 ons, and goods and technology related to such weap12 ons, to and from North Korea in the same manner

13 as persons who transfer such items to and from Iran

14 and Syria currently are sanctioned under United

15 States law.

16 SEC. 3. AMENDMENTS TO IRAN AND SYRIA NONPROLIFERA17 TION ACT.

18 (a) REPORTING REQUIREMENTS.—Section 2 of the

19 Iran and Syria Nonproliferation Act (Public Law 106–

20 178; 50 U.S.C. 1701 note) is amended—

21 (1) in the heading, by inserting ‘‘, NORTH

22 KOREA,’’ after ‘‘IRAN’’; and

23 (2) in subsection (a)—

24 (A) in the matter preceding paragraph

25 (1)—


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3

H.L.C.

1 (i) by striking ‘‘Iran, or’’ and insert2 ing ‘‘Iran,’’; and

3 (ii) by inserting after ‘‘Syria’’ the fol4 lowing: ‘‘, or on or after January 1, 2006,

5 transferred to or acquired from North

6 Korea’’ after ‘‘Iran’’; and

7 (B) in paragraph (2), by inserting ‘‘,

8 North Korea,’’ after ‘‘Iran’’.

9 (b) CONFORMING AMENDMENTS.—Such Act is fur10 ther amended—

11 (1) in section 1, by inserting ‘‘, North Korea,’’

12 after ‘‘Iran’’;

13 (2) in section 5(a), by inserting ‘‘, North

14 Korea,’’ after ‘‘Iran’’ both places it appears; and

15 (3) in section 6(b)—

16 (A) in the heading, by inserting ‘‘, North

17 Korea,’’ after ‘‘Iran’’; and

18 (B) by inserting ‘‘, North Korea,’’ after

19 ‘‘Iran’’ each place it appears.

20 SEC. 4. SENSE OF CONGRESS ON INTERNATIONAL CO21 OPERATION.

22 Given the threat to international peace and security

23 by North Korea’s pursuit of nuclear, chemical and biologi24 cal weapons, as well as their means of delivery, Congress

25 urges all governments to comply promptly with United


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4

H.L.C.

1 Nations Security Council Resolution 1695 and to impose

2 measures on persons involved in such proliferation that

3 are similar to those imposed by the United States Govern4 ment pursuant to the Iran, North Korea, and Syria Non5 proliferation Act, as amended by this Act.


29884g.AAE
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5

H.L.C.

Amend the title so as to read: ‘‘A Bill to promote

nuclear nonproliferation in North Korea.’’.


29884g.AAF
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1

IV

109TH CONGRESS

1ST SESSION H. RES. 415

Expressing the sense of the House of Representatives that the Socialist

Republic of Vietnam needs to do more to resolve claims for confiscated

real and personal property, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 28, 2005

Ms. LORETTA SANCHEZ of California (for herself and Mr. BURTON of Indiana) submitted the following resolution; which was referred to the Committee on International Relations

RESOLUTION

Expressing the sense of the House of Representatives that

the Socialist Republic of Vietnam needs to do more to

resolve claims for confiscated real and personal property,

and for other purposes.

Whereas during the establishment of the Socialist Republic of

Vietnam as a 1-party state ruled and controlled by the

Vietnamese Communist Party, uncompensated confiscation of real and personal property from Vietnamese citizens was a widespread occurrence;

Whereas the Government of the Socialist Republic of Vietnam

continues to use the confiscation of land as a tool of repression against certain ethnic minorities, such as the

Montagnards of the Central Highlands region;


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•HRES 415 IH

Whereas Article 23 of the Constitution of the Socialist Republic of Vietnam provides that ‘‘[t]he lawful property of

individuals and organizations shall not be nationalized’’;

Whereas according to the Department of State, more work is

necessary to adequately protect property rights in Vietnam; and

Whereas the people of the United States are firmly committed to freedom, democracy, and basic human rights

for the citizens of the Socialist Republic of Vietnam:

Now, therefore, be it

1 Resolved, That—

2 (1) The House of Representatives—

3 (A) welcomes recent attempts by the Gov4 ernment of the Socialist Republic of Vietnam to

5 establish private land use rights for some of its

6 citizens, and hopes that these rights are quickly

7 expanded to encompass all Vietnamese citizens;

8 (B) calls on the Government of the Social9 ist Republic of Vietnam to more fully recognize

10 its responsibility to provide equitable, prompt,

11 and fair restitution of property that was con12 fiscated by the government;

13 (C) calls on the Government of the Social14 ist Republic of Vietnam to direct local officials,

15 particularly in the Central Highlands region, to

16 promptly investigate and resolve complaints


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•HRES 415 IH

1 about discriminatory and uncompensated con2 fiscation of land;

3 (D) urges the Government of the Socialist

4 Republic of Vietnam to form a national com5 mission for processing restitution claims, and to

6 obligate local government officials, bodies, and

7 agencies to provide all necessary documentation

8 and cooperation to facilitate the implementation

9 of decisions issued by the national commission;

10 and

11 (E) strongly urges the Government of the

12 Socialist Republic of Vietnam—

13 (i) to ensure that implementation of

14 land use reforms by local officials does not

15 result in increased inequity in access to

16 land, particularly for the poor and for

17 those out of favor with the Communist

18 Party; and

19 (ii) to ensure that the government

20 provides fair, prompt, and equitable res21 titution to former landowners for the prop22 erty rights of all confiscated lands; and

23 (2) it is the sense of the House of Representa24 tives that—


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•HRES 415 IH

1 (A) the President should specifically con2 sider land use rights for individuals in deter3 mining whether the Socialist Republic of Viet4 nam is a country of particular concern for reli5 gious freedom under section 402(b)(1)(A) of

6 the International Religious Freedom Act of

7 1998 (22 U.S.C. 6442(b)(1)(A)); and

8 (B) the President should direct the Sec9 retary of State to include, in the Secretary of

10 State’s annual Country Reports on Human

11 Rights Practices submitted to the Congress

12 under the Foreign Assistance Act of 1961, the

13 status of land use rights and restitution claims

14 in the Socialist Republic of Vietnam.

Æ


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1

H.L.C.

AMENDMENT TO H. RES. 415

OFFERED BY Ml. llllll

Strike the second clause of the preamble.

Page 2, line 5, strike ‘‘some of’’.


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1

IV

109TH CONGRESS

1ST SESSION H. RES. 622

To recognize and honor the Filipino World War II veterans for their defense

of democratic ideals and their important contribution to the outcome

of World War II.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 16, 2005

Mr. ISSA (for himself, Mr. FILNER, Mr. BERMAN, Ms. BORDALLO, and Mr.

HUNTER) submitted the following resolution; which was referred to the

Committee on International Relations

RESOLUTION

To recognize and honor the Filipino World War II veterans

for their defense of democratic ideals and their important

contribution to the outcome of World War II.

Whereas in 1898, the Philippines Archipelago was acquired

by the United States, became an organized United States

territory in 1902, and, in preparation for independence,

became a self-governing commonwealth in 1935;

Whereas the people of the Philippines and of the United

States developed strong ties throughout the decades-long

democratic transition of the island, compelling the United

States to assume the responsibilities of defending the archipelago and protecting the people of the Philippines;


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•HRES 622 IH

Whereas on July 26, 1941, anticipating the aggression of

Japanese invasion forces in the Asia Pacific region, as

well as the imminent conflict between the United States

and Japan, President Franklin D. Roosevelt issued a

military order, calling the organized military forces of the

Government of the Commonwealth of the Philippines into

armed service under the command of United States Army

officers led by General Douglas MacArthur;

Whereas on December 7, 1941, the Japanese Government

began a devastating four-year war with the United States

with their stealth bombing attacks of Pearl Harbor, Hawaii, and Clark Air Field, Philippines, and led to the loss

of tens of thousands of American and Filipino soldiers

and countless civilian casualties;

Whereas on February 20, 1946, President Harry Truman

stated, ‘‘Philippine Army veterans are nationals of the

United States and will continue in that status until July

4, 1946. They fought, as American nationals, under the

American flag, and under the direction of our military

leaders. They fought with gallantry and courage under

most difficult conditions. I consider it a moral obligation

of the United States to look after the welfare of the Philippine Army veterans.’’;

Whereas on October 17, 1996, President William J. Clinton

issued a proclamation on the anniversary of the 1944 return of United States forces under General MacArthur to

liberate the Philippines and said, ‘‘I urge all Americans

to recall the courage, sacrifice, and loyalty of Filipino

Veterans of World War II and honor them for their contribution to our freedom.’’;

Whereas on July 26, 2001, President George W. Bush, in his

greetings to the Filipino World War II veterans said,


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•HRES 622 IH

‘‘More than 120,000 Filipinos fought with unwavering

loyalty and great gallantry under the command of General Douglas MacArthur. The combined United StatesPhilippine forces distinguished themselves by their valor

and heroism in defense of freedom and democracy. Thousands of Filipino soldiers gave their lives in the battles

of Bataan and Corregidor. These soldiers won for the

United States the precious time needed to disrupt the enemy’s plan for conquest in the Pacific. During the three

long years following these battles, the Filipino people valiantly resisted a brutal Japanese occupation with an indomitable spirit and steadfast loyalty to America.’’; and

Whereas the contributions of the Filipino people, and the sacrifices of their soldiers in World War II, have not been

fully recognized: Now, therefore, be it

1 Resolved, That the House of Representatives reaf2 firms, recognizes, and honors the Filipino World War II

3 veterans for their defense of American democracy and

4 their important contribution to the victorious outcome of

5 World War II.

Æ


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H.L.C.

AMENDMENT TO H. RES. 622

OFFERED BY MR. HYDE OF ILLINOIS

Strike all after the resolving clause and insert the

following: ‘‘That the House of Representatives recognizes

and honors Filipino World War II veterans for their important contributions to the victorious outcome of World

War II, including their valiant fight for the liberation of

their homeland and their defense of democratic ideals.’’.


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IV

109TH CONGRESS

2D SESSION H. RES. 723

Calling on the President to take immediate steps to help improve the security

situation in Darfur, Sudan, with a specific emphasis on civilian protection.

IN THE HOUSE OF REPRESENTATIVES

MARCH 14, 2006

Mr. LANTOS (for himself, Mr. PITTS, Mr. TANCREDO, Mr. PAYNE, Mr. RANGEL, Mr. BERMAN, Mr. BURTON of Indiana, Mrs. MALONEY, Mr.

MCGOVERN, Mr. MCCOTTER, Ms. LEE, Mr. RYAN of Ohio, Mr.

ADERHOLT, Mr. MCNULTY, Mr. GORDON, Mr. BROWN of Ohio, Ms.

LINDA T. SA ́NCHEZ of California, Mr. KILDEE, Mr. WAXMAN, Mr. CROWLEY, Ms. NORTON, Mr. RUSH, Ms. WATSON, Mr. CARDOZA, Mr. NEAL

of Massachusetts, Mr. OWENS, Mr. ENGEL, Mr. CLAY, Mr. ACKERMAN,

Mr. VAN HOLLEN, Mr. VISCLOSKY, Mr. WEXLER, and Mr. CONYERS)

submitted the following resolution; which was referred to the Committee

on International Relations

RESOLUTION

Calling on the President to take immediate steps to help

improve the security situation in Darfur, Sudan, with

a specific emphasis on civilian protection.

Whereas the United States Congress and Administration are

on record as declaring that the atrocities being committed in Darfur, Sudan are genocide;

Whereas the April 8, 2004, N’Djamena Ceasefire Agreement,

calling for an end to hostilities in Darfur has been flagrantly violated by the Government of Sudan and its


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•HRES 723 IH

proxies, the Janjaweed militias, which have continued to

engage in acts of genocide against innocent civilians;

Whereas the African Union (AU) deployed the African Union

Mission in Sudan (AMIS) to Darfur to monitor the violence and, in spite of attacks on AMIS observers that has

resulted in kidnappings and deaths, AMIS has protected

civilians from further violence and, according to Human

Rights Watch, while the mandate of AMIS does not allow

for proactive protection of civilians, AMIS has been successful in creating pockets of security for displaced persons simply through its presence;

Whereas rebel movements known as the Sudanese Liberation

Army (SLA) and the Justice and Empowerment Movement (JEM) have violated the N’Djamena Ceasefire

Agreement and such violations have contributed to growing instability;

Whereas the Government of Sudan and its armed militia

groups continue to commit crimes against humanity and

engage in genocidal acts in Darfur, in spite of the presence of AMIS forces, and, as of February 22, 2006,

Janjaweed militias were still attacking innocent villagers

in retaliation for encounters with rebel forces;

Whereas subsequent to the signing of the Comprehensive

Peace Agreement between the Government of Sudan and

the Sudan People’s Liberation Movement/Sudan People’s

Liberation Army (SPLM/SPLA) on January 9, 2005, the

Government of Sudan refused a proposal from the Sudan

People’s Liberation Movement (SPLM) to send joint

troops to protect civilians and disarm the governmentsupported militia;


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•HRES 723 IH

Whereas United Nations Secretary-General Kofi Annan has

indicated that, ‘‘People in many parts of Darfur continue

to be killed, raped, and driven from their homes by the

thousands.’’;

Whereas it has been reported that an estimated 300,000 to

400,000 people have died in the conflict-affected area of

Darfur and eastern Chad, and due to the number of

areas that cannot be accounted for, the total number of

deaths may be higher;

Whereas nearly 2,000,000 people have been internally displaced, 3,000,000 people are dependant on international

assistance to survive, and more than 200,000 people are

refugees in neighboring Chad due to the conflict in

Darfur;

Whereas Human Rights Watch reported on February 16,

2006, that Janjaweed militias and Chadian rebel groups

with support from the Sudanese Government were

launching deadly cross-border raids on villages in eastern

Chad, further escalating the humanitarian crisis for the

people of Darfur;

Whereas Salim Ahmed Salim, the AU Special Envoy for the

Darfur Talks and Chief Mediator at the ongoing talks in

Abuja, Nigeria, indicated that all parties to existing

ceasefire agreements were increasingly resorting to military attacks in contravention of such agreements and impeding the distribution of humanitarian aid to millions of

people in need and that, in each month since October

2005, the violence in Darfur has worsened;

Whereas the ongoing assault on civilians by Sudanese Government forces and Janjaweed militias requires forces

larger than the current AMIS forces and with a stronger


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•HRES 723 IH

mandate than such AMIS forces in order to adequately

protect civilians in Darfur;

Whereas the United States has demonstrated leadership on

the Sudan issue for years by mediating Sudan’s NorthSouth Peace Agreement, by declaring genocide in Darfur,

by providing nearly $1 billion in humanitarian assistance

over time, and by having United States Permanent Representative to the United Nations John Bolton, in his

first action as President of the United Nations Security

Council, request in February 2006 that Secretary-General Annan initiate contingency planning for a transition

from AMIS to a United Nations peacekeeping operation;

Whereas, although the United Nations Security Council has

concurred with this recommendation and taken steps toward establishing a United Nations peacekeeping mission

for Darfur, reports have concluded that it could take up

to a year for such a mission to deploy fully;

Whereas, as the deteriorating security situation in Darfur indicates, the people of Darfur cannot wait that long for

security to be reestablished;

Whereas the international community currently has no plan

to address the immediate security needs of the people of

Darfur; and

Whereas all members of the international community must

participate in efforts to stop genocide, war crimes, and

crimes against humanity in Darfur: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) commends the Africa Union Mission in

3 Sudan (AMIS) for its actions in monitoring the


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•HRES 723 IH

1 N’Djamena Ceasefire Agreement in Darfur and its

2 role in diminishing some acts of violence;

3 (2) strongly condemns—

4 (A) the continued genocide against civil5 ians in Darfur by the Government of Sudan

6 and government-sponsored militias; and

7 (B) the continued violations of the

8 N’Djamena Ceasefire Agreement by both par9 ties to the agreement;

10 (3) calls upon both parties to the N’Djamena

11 Ceasefire Agreement—

12 (A) to abide by the terms of the

13 N’Djamena Ceasefire Agreement; and

14 (B) to engage in good-faith negotiations to

15 end the conflict in Darfur;

16 (4) calls upon the Government of Sudan

17 immediately—

18 (A) to withdraw all military aircraft from

19 the region;

20 (B) to cease all support for Janjaweed mi21 litias and rebels from Chad; and

22 (C) to disarm all Janjaweed militias;

23 (5) calls on the African Union to work closely

24 with the United Nations and the North Atlantic

25 Treaty Organization (NATO) to strengthen its caVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00083 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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•HRES 723 IH

1 pacity to deter violence and instability until a United

2 Nations peacekeeping force is fully deployed in

3 Darfur;

4 (6) calls on NATO to extend its current mission

5 of advisors to the African Union, as requested by the

6 leadership of the African Union;

7 (7) calls upon the United Nations Security

8 Council to approve as soon as possible, pursuant to

9 Chapter VII of the Charter of the United Nations,

10 a peacekeeping force for Darfur that is well trained

11 and equipped and has adequate troop strength;

12 (8) urges the President to take steps imme13 diately to help improve the security situation in

14 Darfur, including by—

15 (A) proposing that NATO—

16 (i) implement an interim civilian pro17 tection force using ground and air assets

18 under centralized planning, direction, and

19 control, to protect civilians until a United

20 Nations peacekeeping force is fully de21 ployed in Darfur; and

22 (B) requesting supplemental funding to

23 support AMIS and a NATO mission in Darfur;

24 (9) calls upon NATO allies to support such a

25 NATO mission; and


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•HRES 723 IH

1 (10) calls upon NATO headquarters staff to

2 begin prudent planning in advance of such a NATO

3 mission.

Æ


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H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H. RES. 723

OFFERED BY MR. LANTOS OF CALIFORNIA

Strike the preamble and insert the following:

Whereas the United States Congress and the President are

on record as declaring that the atrocities being committed in Darfur, Sudan are genocide;

Whereas the United States has demonstrated leadership on

the Sudan issue for years, including by mediating Sudan’s North-South Peace Agreement, by declaring genocide in Darfur, by providing nearly $1 billion in humanitarian assistance over time, and by having United States

Permanent Representative to the United Nations John

Bolton, in his first action as President of the United Nations Security Council, request in February 2006 that

United Nations Secretary-General Kofi Annan initiate

contingency planning for a transition from the African

Union Mission in Sudan (AMIS) to a United Nations

peacekeeping force;

Whereas the African Union deployed AMIS to Darfur to

monitor the violence and, in spite of attacks on AMIS observers and the fact that the recently improved AMIS

mandate still does not provide sufficiently for proactive

protection of civilians, AMIS has been successful in creating pockets of security for displaced persons simply

through its presence;

Whereas the N’Djamena Ceasefire Agreement of April 8,

2004, the Abuja Protocols of November 9, 2004, and the


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H.L.C.

Darfur Peace Agreement of May 5, 2006, have not resulted in a cessation of hostilities in Darfur;

Whereas the Government of Sudan and its armed militia

groups continue to commit crimes against humanity and

engage in genocidal acts in Darfur, in spite of the presence of AMIS forces, and, in early September 2006,

launched a major offensive in Darfur, in direct violation

of the Darfur Peace Agreement;

Whereas United Nations Secretary-General Annan has indicated that, ‘‘People in many parts of Darfur continue to

be killed, raped, and driven from their homes by the

thousands.’’;

Whereas it has been reported that an estimated 300,000 to

400,000 people have died in the conflict-affected area of

Darfur and eastern Chad, and due to the number of

areas that cannot be accounted for, the total number of

deaths may be higher;

Whereas the ongoing assault against civilians by Sudanese

Government forces, Janjaweed militias, and rebels necessitates the deployment of a larger, more capable international peacekeeping force with a strong mandate to

protect civilians in Darfur;

Whereas, although the United Nations Security Council approved Security Council Resolution 1706 (August 31,

2006) which provides for the deployment of a United Nations peacekeeping mission in Darfur to include up to

22,500 personnel, the Government of Sudan has rejected

the terms of such Resolution and alternatively issued an

ultimatum to AMIS to extend its current mission beyond

September 2006 without transitioning to a United Nations peacekeeping force; and


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H.L.C.

Whereas on the same day on which the Government of Sudan

issued its ultimatum, the African Union stated that it

would quit the war-ravaged Darfur region if the Government of Sudan did not allow a United Nations peacekeeping force to take over AMIS: Now, therefore, be it

Strike all after the resolving clause and insert the

following:

1 That the House of Representatives—

2 (1) commends the Africa Union Mission in

3 Sudan (AMIS) for its actions in monitoring the

4 N’Djamena Ceasefire Agreement in Darfur and its

5 role in diminishing some acts of violence;

6 (2) strongly condemns the continued genocide

7 and violence directed against civilians in Darfur by

8 the Government of Sudan and government-sponsored

9 militias, as well as attacks perpetrated against civil10 ians by rebels in Darfur;

11 (3) calls upon all parties to the N’Djamena

12 Ceasefire Agreement—

13 (A) to abide by the terms of the

14 N’Djamena Ceasefire Agreement and the

15 Darfur Peace Agreement; and

16 (B) to engage in good-faith negotiations to

17 end the conflict in Darfur;

18 (4) calls upon the Government of Sudan

19 immediately—


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4

H.L.C.

1 (A) to comply with United Nations Secu2 rity Council Resolution 1706 (August 31,

3 2006), support the transition of AMIS to a

4 United Nations peacekeeping mission, and fa5 cilitate the deployment of United Nations

6 peacekeepers throughout Sudan toward that

7 end;

8 (B) to withdraw all offensive military air9 craft and personnel from the region;

10 (C) to cease all support for Janjaweed mi11 litias and rebels from Chad; and

12 (D) to disarm all Janjaweed militias;

13 (5) calls upon the international community to

14 provide sufficient funding to support the AMIS mis15 sion as it transitions to a United Nations peace16 keeping mission;

17 (6) calls on the African Union to work closely

18 with the United Nations and the North Atlantic

19 Treaty Organization (NATO) to strengthen its ca20 pacity to deter violence and instability until a United

21 Nations peacekeeping force is fully deployed in

22 Darfur;

23 (7) calls on NATO to extend its current mission

24 of advisors to the African Union, as requested by the

25 leadership of the African Union;


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H.L.C.

1 (8) urges the President to take steps imme2 diately to help improve the security situation in

3 Darfur, including by—

4 (A) proposing that NATO support an in5 terim civilian protection force with sufficient

6 ground and air assets under centralized plan7 ning, direction, and control, to protect civilians

8 and facilitate the deployment of United Nations

9 peacekeepers in Darfur; and

10 (B) requesting supplemental funding, as

11 necessary, to support AMIS and a NATO sup12 port mission in Darfur;

13 (9) calls upon NATO allies to support such a

14 NATO mission;

15 (10) calls upon NATO headquarters staff to

16 begin prudent planning in advance of such a NATO

17 mission; and

18 (11) urges the President to take immediate

19 steps to work through diplomatic channels to obtain

20 the support of the People’s Republic of China, the

21 Russian Federation, and United States allies in the

22 Arab League to secure the compliance of the Gov23 ernment of Sudan with United Nations Security

24 Council Resolution 1706 and support full funding

25 for the United Nations peacekeeping force in Sudan.


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IV

109TH CONGRESS

2D SESSION H. RES. 759

Expressing the sense of the House of Representatives that the Government

of Japan should formally acknowledge and accept responsibility for its

sexual enslavement of young women, known to the world as ‘‘comfort

women’’, during its colonial occupation of Asia and the Pacific Islands

from the 1930s through the duration of World War II, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 4, 2006

Mr. EVANS (for himself and Mr. SMITH of New Jersey) submitted the following resolution; which was referred to the Committee on International

Relations

RESOLUTION

Expressing the sense of the House of Representatives that

the Government of Japan should formally acknowledge

and accept responsibility for its sexual enslavement of

young women, known to the world as ‘‘comfort women’’,

during its colonial occupation of Asia and the Pacific

Islands from the 1930s through the duration of World

War II, and for other purposes.

Whereas the Government of Japan, during its colonial occupation of Asia and the Pacific Islands from the 1930s

through the duration of World War II, organized the subjugation and kidnapping, for the sole purpose of sexual


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•HRES 759 IH

servitude, of young women, who became known to the

world as ‘‘comfort women’’;

Whereas the ‘‘comfort women’’ tragedy was one of the largest

cases of human trafficking in the 20th century;

Whereas the enslavement of comfort women was officially

commissioned and orchestrated by the Government of

Japan to include gang rape, forced abortions, sexual violence, human trafficking, and numerous other crimes

against humanity;

Whereas the comfort women included girls as young as 13

years of age and women separated from their own children;

Whereas the comfort women were either abducted from their

homes or lured into sexual servitude under false pretenses;

Whereas many comfort women were eventually killed or driven to commit suicide when the hostilities ceased;

Whereas the use of ‘‘comfort women’’ is considered a current

as well as past human rights issue;

Whereas the shame connected to their ordeal caused many

comfort women to conceal it and caused many others to

come forward about their experiences only in recent

years;

Whereas historians conclude that as many as 200,000 women

were enslaved, but very few of them survive today;

Whereas the Government of Japan did not fully disclose these

war crimes during negotiations for reparations with its

former enemies and occupied countries;

Whereas some textbooks used in Japanese schools minimize

the ‘‘comfort women’’ tragedy and other atrocities, and


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•HRES 759 IH

distort the Japanese role in war crimes during World

War II; and

Whereas Japanese Government officials, both elected and career, as recently as June 2005, praised the removal of

the term ‘‘comfort women’’ from Japanese textbooks:

Now, therefore, be it

1 Resolved, That it is the sense of the House of Rep2 resentatives that the Government of Japan—

3 (1) should formally acknowledge and accept re4 sponsibility for its sexual enslavement of young

5 women, known to the world as ‘‘comfort women’’,

6 during its colonial occupation of Asia and the Pacific

7 Islands from the 1930s through the duration of

8 World War II;

9 (2) should educate current and future genera10 tions about this horrible crime against humanity;

11 (3) should publicly, strongly, and repeatedly re12 fute any claims that the subjugation and enslave13 ment of comfort women never occurred; and

14 (4) should follow the recommendations of the

15 United Nations and Amnesty International with re16 spect to the ‘‘comfort women’’.

Æ


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H.L.C.

AMENDMENT TO H. RES. 759

OFFERED BY Ml. llllll

Amend the first clause of the preamble to read as

follows:

Whereas the Government of Japan, during its colonial occupation of Asia and the Pacific Islands from the 1930s

through the duration of World War II, permitted the Imperial Japanese Army to organize, directly and indirectly,

the subjugation, and in some cases, the kidnapping of

young women for the sole purpose of sexual servitude,

who became known to the world as ‘‘comfort women’’;

In the third clause of the preamble—

(1) strike ‘‘to include’’ and insert ‘‘and was accompanied by’’; and

(2) strike ‘‘human trafficking’’ and all that follows and insert ‘‘and human trafficking;’’.

Amend the tenth clause of the preamble to read as

follows:

Whereas these war crimes were not adequately addressed

during negotiations for reparations with Japan’s former

enemies and occupied countries;

After the tenth clause of the preamble, insert the

following new clauses:


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H.L.C.

Whereas in 1993 the Government of Japan first expressed its

‘‘sincere apologies and remorse’’ to the former wartime

comfort women and in July 1995 established the Asian

Women’s Fund in order to extend ‘‘atonement’’ from the

Japanese people to the comfort women;

Whereas the Asian Women’s Fund is scheduled to cease operations in March 2007, having issued $5.7 million, raised

from private Japanese contributions, in atonement payments and an accompanying letter of apology from the

Japanese Prime Minister to 285 former comfort women,

and over $13 million of official government funds in medical and welfare support programs for former comfort

women in South Korea, Taiwan, the Philippines, Indonesia, and the Netherlands;

In the 13th clause of the preamble (as redesignated)—

(1) strike ‘‘some textbooks’’ and insert ‘‘in recent years, however, some new textbooks’’; and

(2) strike ‘‘distort’’ and insert ‘‘seek to downplay’’.

In the 14th clause of the preamble (as redesignated)—

(1) insert ‘‘some’’ before ‘‘Japanese Government officials’’; and

(2) strike ‘‘praised’’ and insert ‘‘have publicly

advocated’’.


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H.L.C.

Page 3, beginning on line 3, strike ‘‘formally acknowledge and accept responsibility’’ and insert ‘‘unambiguously acknowledge and accept historical responsibility’’.

Page 3, line 10, strike ‘‘against humanity’’.

Page 3, strike lines 14 through 16 and insert the

following new paragraph:

1 (4) should seriously consider the recommenda2 tions of the United Nations Special Rapporteur on

3 Violence Against Women and of international human

4 rights nongovernmental organizations, such as Am5 nesty International, in determining what additional

6 forms of redress for comfort women may be nec7 essary or appropriate.

Amend the title so as to read: ‘‘Resolution expressing the sense of the House of Representatives that the

Government of Japan should unambiguously acknowledge

and accept historical responsibility for its sexual enslavement of young women, known to the world as ‘comfort

women’, during its colonial occupation of Asia and the

Pacific Islands from the 1930s through the duration of

World War II, and for other purposes.’’.


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IV

109TH CONGRESS

2D SESSION H. RES. 940

Recognizing the 185th anniversary of the independence of Peru on July

28, 2006.

IN THE HOUSE OF REPRESENTATIVES

JULY 24, 2006

Mr. CROWLEY submitted the following resolution; which was referred to the

Committee on International Relations

RESOLUTION

Recognizing the 185th anniversary of the independence of

Peru on July 28, 2006.

Whereas Peru gained independence from Spain on July 28,

1821, when the Republic of Peru was established as a

sovereign and independent country;

Whereas the people of Peru have established a unique, pluralistic democracy which includes the freedoms cherished by

the people of the United States, including freedom of

speech, freedom of religion, freedom of association, freedom of the press, and government by the consent of the

governed;

Whereas Peru continues to serve as a shining model of democratic values by regularly holding free and fair elections

and promoting the free exchange of ideas;


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•HRES 940 IH

Whereas since Peru became an independent country, the interests of Peru and the United States have been closely

aligned;

Whereas the people of the United States share affinity with

the people of Peru and view Peru as a strong and trusted

ally;

Whereas Peru is a supporter of the United States in the

Global War on Terror, and joins the United States in

promoting political and economic freedoms, combating

poverty, crime, disease, and drugs, and promoting security, stability, and prosperity;

Whereas the bonds of association and friendship between the

peoples of the two countries have been strengthened by

the large number of Peruvians who have migrated to the

United States, where they make significant contributions

to both the United States and Peru;

Whereas Peru is an integral member of the Latin American

region and a constructive partner of the United States in

fulfilling the agenda of the Western Hemisphere; and

Whereas the Peruvians and Peruvian-Americans residing in

the United States have enriched and added to the United

States way of life in the social, economic, and political

arenas and Peru’s rich identity and heritage have become

an integral part of the cultural tapestry of the United

States: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) recognizes the 185th anniversary of the

3 independence of Peru;


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•HRES 940 IH

1 (2) extends warm congratulations and best

2 wishes to Peru for peace and further progress, devel3 opment, and prosperity; and

4 (3) extends best wishes to Peruvians and Peru5 vian-Americans residing in the United States as they

6 celebrate the 185th anniversary of Peru’s independ7 ence.

Æ


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1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H. RES. 940

OFFERED BY MR. CROWLEY OF NEW YORK

Strike the preamble and insert the following:

Whereas Peru gained independence from Spain on July 28,

1821, when the Republic of Peru was established as a

sovereign and independent country;

Whereas the people of Peru have established, after a series

of military and authoritarian regimes, a unique, pluralistic democracy which includes the freedoms cherished by

the people of the United States, including freedom of

speech, freedom of religion, freedom of association, freedom of the press, and government by the consent of the

governed;

Whereas Peru regularly holds free and fair elections and promotes free exchange of ideas;

Whereas the interests of Peru and the United States are

closely aligned;

Whereas the people of the United States share affinity with

the people of Peru and view Peru as a strong ally;

Whereas the United States has joined Peru to promote political and economic freedoms, combat poverty, crime, disease, and drugs, and promote security, stability, and

prosperity within Peru;

Whereas the bonds of association and friendship between the

peoples of the two countries have been strengthened by

the large number of Peruvians who have migrated to the


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H.L.C.

United states where they make significant contributions

to both the United States and Peru;

Whereas Peru is an integral member of the Latin American

region and has been a constructive partner of the United

States in fulfilling the agenda of the Western Hemisphere; and

Whereas the Peruvians and Peruvian-Americans residing in

the United States have enriched and added to the United

States way of life in the social, economic, and political

arenas, and Peru’s rich identity and heritage have become an integral part of the cultural tapestry of the

United States: Now, therefore, be it

Strike all after the resolving clause and insert the

following:

1 That the House of Representatives—

2 (1) recognizes the 185th anniversary of the

3 independence of Peru;

4 (2) extends warm congratulations and best

5 wishes to Peru for peace and further progress, devel6 opment, and prosperity; and

7 (3) extends best wishes to Peruvians and Peru8 vian-Americans residing in the United States as they

9 celebrate the 185th anniversary of Peru’s independ10 ence.


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IV

109TH CONGRESS

2D SESSION H. RES. 942

Recognizing the centennial anniversary on August 5, 2006, of the Iranian

constitution of 1906.

IN THE HOUSE OF REPRESENTATIVES

JULY 25, 2006

Mr. KING of Iowa submitted the following resolution; which was referred to

the Committee on International Relations

RESOLUTION

Recognizing the centennial anniversary on August 5, 2006,

of the Iranian constitution of 1906.

Whereas in 1906, one hundred years ago, the people of Iran

rose in a peaceful democratic revolution against arbitrary, despotic rulers;

Whereas the people of Iran chose to confront these rulers

with peaceful assemblies of thousands of people in the

public spaces of Iran until these rulers received their demands;

Whereas these rulers bowed to the wishes of the people on

August 5, 1906, and issued a decree for the convocation

of a freely elected assembly, the Majles, to write a democratic constitution;


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Whereas the Iranian constitution, written pursuant to the decree of 1906, was a democratic instrument providing

for—

(1) the establishment of an independent judiciary;

(2) the establishment of an independent legislature

with members directly elected by the people;

(3) socio-political progress, including the separation

of religion from the affairs of government; and

(4) the commitment of the government to the territorial integrity of Iran;

Whereas the maneuvering of the imperial powers and a fundamentalist clergy crushed the democratic aspirations

represented in the constitution of 1906;

Whereas the Iranian constitution of 1906 has nevertheless remained in the forefront of the aspirations of the Iranian

people throughout decades of a long struggle towards

progress, civil society, and democracy;

Whereas those ideals were abolished by the clerical-led dictatorship of the Ayatollahs in 1979; and

Whereas August 5, 2006, would be an appropriate day to recognize the centennial anniversary of the Iranian constitution of 1906: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) recognizes the centennial anniversary of the

3 Iranian constitution of 1906;

4 (2) is mindful of the democratic revolution of

5 1906 that lead to the drafting of the Iranian con6 stitution; and


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1 (3) expresses its profound hope that the people

2 of Iran will once again enjoy a democratic govern3 ment in the spirit of the Iranian constitution of

4 1906.

Æ


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IV

109TH CONGRESS

2D SESSION H. RES. 965

Commending the people of Montenegro on the conduct of the referendum

on independence, welcoming United States recognition of the sovereignty

and independence of the Republic of Montenegro, and welcoming Montenegrin membership in the United Nations and other international organizations.

IN THE HOUSE OF REPRESENTATIVES

JULY 28, 2006

Mr. LANTOS (for himself, Mr. HYDE, Mr. GALLEGLY, Mr. SMITH of New Jersey, Mr. ENGEL, Mr. BROWN of Ohio, Mr. BLUMENAUER, and Mr.

HASTINGS of Florida) submitted the following resolution; which was referred to the Committee on International Relations

RESOLUTION

Commending the people of Montenegro on the conduct of

the referendum on independence, welcoming United

States recognition of the sovereignty and independence

of the Republic of Montenegro, and welcoming Montenegrin membership in the United Nations and other international organizations.

Whereas the Constitutional Charter of the State Union of

Serbia and Montenegro established provisions and procedures for withdrawal of a member state from the State

Union, providing that a decision to withdraw ‘‘shall be

made after a referendum has been held’’;


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Whereas, in accordance with Article 60 of the Constitutional

Charter of the State Union of Serbia and Montenegro,

the Parliament of Montenegro unanimously adopted in

March 2006 the Law on the Referendum on the State

Legal Status of the Republic of Montenegro, which established the conditions for the conduct of the referendum

on state independence, including establishing the standard that 55 percent of voters must support independence

to achieve a valid mandate;

Whereas the people of Montenegro in a popular referendum

on May 21, 2006, voted to support the sovereign independence of the Republic of Montenegro from the State

Union of Serbia and Montenegro by a margin of 55.5

percent in favor of independence with over 86 percent of

eligible voters participating in the referendum;

Whereas, in accordance with the expressed will of a majority

of the people of Montenegro, on June 3, 2006, the Parliament of Montenegro declared the independence of

Montenegro, declaring that the Republic is a ‘‘multiethnic, multicultural and multireligious society . . . based

on the rule of law and market economy’’;

Whereas countries and international organizations throughout the world, including the United States and the European Union, have formally recognized Montenegro as an

independent state and are establishing diplomatic relations with Montenegro;

Whereas Secretary of State Condoleezza Rice said as she announced that the United States formally recognized the

sovereignty and independence of the Republic of Montenegro that ‘‘the honor of being counted among the free

and independent states of the world brings with it the

challenge of protecting and advancing the freedom,


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rights, and prosperity of all the people of Montenegro,

and the responsibility to make a positive contribution to

the community of nations’’;

Whereas on June 28, 2006, Montenegro was welcomed as the

192nd member of the United Nations, on which occasion,

United Nations Secretary-General Kofi Annan said: ‘‘In

achieving its independence through a non-violent and

democratic process, conducted in a fair and open way,

Montenegro showed the entire world not only its patience,

but its political maturity.’’; and

Whereas the Republic of Serbia and the Republic of Montenegro have acted responsibly in their bilateral relationship following the decision of the Montenegrin people to

withdraw from the State Union of Serbia and Montenegro: on June 15, 2006, Serbia recognized the independence of Montenegro, the two countries have established formal diplomatic relations, and the President of

Serbia was the first foreign head of state to pay an official visit to Montenegro: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) commends the people and the Government

3 of the Republic of Montenegro for the free, fair, and

4 responsible way in which the referendum on inde5 pendence was conducted and acknowledges the broad

6 participation of the citizens of Montenegro in that

7 important vote;

8 (2) congratulates the people of Montenegro on

9 their decision to establish an independent and sov10 ereign state and welcomes them to the community of


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1 nations, to membership in the United Nations, to

2 full participation in the Organization for Security

3 and Cooperation in Europe (OSCE), and to mem4 bership in other international organizations;

5 (3) welcomes the decision of the United States

6 to recognize the sovereignty and independence of the

7 Republic of Montenegro and urges the expeditious

8 establishment of diplomatic relations between our

9 two countries; and

10 (4) urges the people and Government of Monte11 negro to continue to embrace the principles of demo12 cratic government and to take actions that will en13 courage respect for human rights, for a free market

14 economy, and for a free, open and democratic society

15 with full respect for all people of Montenegro.

Æ


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IV

109TH CONGRESS

2D SESSION H. RES. 976

Condemning human rights abuses by the Government of the Islamic Republic

of Iran and expressing solidarity with the Iranian people.

IN THE HOUSE OF REPRESENTATIVES

JULY 28, 2006

Mr. MCCAUL of Texas (for himself, Mr. CROWLEY, Ms. ROS-LEHTINEN, Mr.

BURTON of Indiana, Mr. PENCE, Mr. MCCOTTER, Mr. ENGEL, Mr. HIGGINS, Mr. PEARCE, Mr. SOUDER, Mr. LEWIS of Georgia, Mr. MCGOVERN,

Mr. CARTER, Ms. HARRIS, Mr. DOYLE, Mr. WEXLER, Mr. ISRAEL, Mr.

MACK, Mr. LANTOS, Ms. BERKLEY, Mrs. MALONEY, Mr. NADLER, Mr.

GEORGE MILLER of California, Mr. FRANK of Massachusetts, Mr. POE,

Mr. ETHERIDGE, Mr. CARDOZA, Mr. FOSSELLA, Mr. GORDON, Mr. CLAY,

and Mr. JEFFERSON) submitted the following resolution; which was referred to the Committee on International Relations

RESOLUTION

Condemning human rights abuses by the Government of

the Islamic Republic of Iran and expressing solidarity

with the Iranian people.

Whereas the Government of the Islamic Republic of Iran was

elected through a controlled and fixed election process

which does not allow the Iranian people to freely elect

their leaders;

Whereas the Government of Iran is unaccountable to the will

of the Iranian people;


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Whereas the Government of Iran is a party to the International Covenant on Civil and Political Rights, the

International Covenant on Economic, Social and Cultural

Rights and the International Convention on the Elimination of All Forms of Racial Discrimination;

Whereas the Government of Iran within both its legal framework and everyday practice continues to violate the civil

and human rights of its citizens, in particular women, religious and ethnic minorities, and vocal opponents of the

regime;

Whereas the Government of Iran practices discrimination

against the aforementioned groups through denial of access to education and employment, seizure of private

property, violent suppression of peaceful protest and freedom of assembly, arbitrary arrest and detention, physical

and mental torture, cruel, inhuman, and degrading punishment, such as public executions, hanging, and stoning,

and extra judicial killings of dissidents and ordinary citizens;

Whereas the Constitution of Iran promotes religious intolerance and prohibits religious freedom by endorsing one religion to the exclusion of other religious beliefs;

Whereas an unelected theocratic ruler and clerical elite exert

control over the executive, legislative, and judicial

branches of the Iranian Government;

Whereas the Iranian judiciary is not independent and can be

subject to arbitrary dismissal by the clerics;

Whereas on December 16, 2005, the United Nations General

Assembly passed a resolution discussing the human

rights violations by the Government of Iran and insisting


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that Iran eliminate in law and in practice discrimination

toward the aforementioned groups;

Whereas international human rights organizations have called

for investigations into violent crackdowns of peaceful protests and other human rights violations which the Government of Iran has ignored;

Whereas Iran sent to the June 2006 inaugural meetings of

the United Nations Human Rights Council Saeed

Mortazavi, Tehran’s Prosecutor General responsible for

jailing hundreds of journalists and linked to the 2003 arrest, imprisonment, and murder of an Iranian-Canadian

photojournalist, showing a blatant disregard for the issue

of human rights reform; and

Whereas the Department of State’s Country Report on

Human Rights Practices and Report on International Religious Freedom document the human rights abuses by

the Government of Iran and list Iran as a ‘‘Country of

Particular Concern’’: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) condemns the human rights abuses per3 petrated by the Government of the Islamic Republic

4 of Iran and strongly urges the international commu5 nity to bring pressure on Iran to halt discrimination

6 and violence toward its citizens, in particular

7 women, religious and ethnic minorities, and vocal op8 ponents of the regime;

9 (2) urges the Government of the United States

10 to continue to pressure the Government of Iran into


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1 making measurable improvements in the human

2 rights situation for the Iranian people; and

3 (3) expresses its unity with all Iranian people

4 and shares their desire to see Iran become a free

5 country with transparent, democratic institutions

6 and equal rights for all.

Æ


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IV

109TH CONGRESS

2D SESSION H. RES. 992

Urging the President to appoint a Presidential Special Envoy for Sudan.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 7, 2006

Mr. WOLF (for himself, Mr. PAYNE, Mr. SMITH of New Jersey, Mr. LANTOS,

Mr. CAPUANO, and Mr. TANCREDO) submitted the following resolution;

which was referred to the Committee on International Relations

RESOLUTION

Urging the President to appoint a Presidential Special Envoy

for Sudan.

Whereas in July 2004, the United States House of Representatives and Senate declared that the atrocities in the

Darfur region of Sudan constitute genocide, and the

Bush administration reached the same conclusion in September 2004, when then Secretary of State Colin Powell

stated that ‘‘the evidence leads us to the conclusion that

genocide has occurred and may still be occurring in

Darfur’’;

Whereas more than 400,000 people have been killed by the

Government of Sudan and its Janjaweed allies since the

crisis began in 2003, more than 2,000,000 people have

been displaced from their homes, and more than 250,000

people from Darfur remain in refugee camps in Chad;


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•HRES 992 IH

Whereas some rebel factions, which have targeted civilians in

the Darfur region, have intensified their attacks even

after the signing of the Darfur Peace Agreement in May

2006;

Whereas the United Nations Under-Secretary General for

Humanitarian Affairs, Jan Egland, in late August 2006

stated that ‘‘[i]nsecurity is at its highest level since 2004,

access at its lowest levels since that date, and we may

well be on the brink of a return to all-out war’’;

Whereas despite the signing of the Darfur Peace Agreement

in May 2006, violence against civilians, peacekeepers, and

humanitarian workers continues unabated; and an estimated 12 humanitarian workers have been killed in

Darfur, including a nurse in September 2006;

Whereas in August 2006, the Government of Sudan began to

deploy thousands of government troops for a major offensive in Darfur, once again threatening a major humanitarian catastrophe and risking the safety and security of

millions of civilians;

Whereas according to the Government of Sudan’s plan, in a

document submitted to the United Nations Secretary–

General Kofi Annan, the Government of Sudan plans to

deploy approximately 26,500 additional troops and 7,050

additional police to Darfur;

Whereas the objectives of this deployment are ‘‘to deal with

the threats posed by the activities of groups that have rejected the Darfur Peace Agreement and to gain control

over the security situation and achieve stability in

Darfur’’;

Whereas the United Nations Security Council passed a resolution expanding the mandate of the United Nations MisVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00114 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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sion in Sudan (UNMIS) for the additional deployment of

17,300 peacekeeping troops and 3,300 civilian police personnel as well as 16 formed police units to Darfur;

Whereas President Omar Bashir of Sudan has rejected the

deployment of a United Nations peacekeeping force to

Darfur, even as First Vice President Salva Kiir has publicly stated his support for the deployment of a United

Nations peacekeeping mission to Darfur;

Whereas implementation of the Comprehensive Peace Agreement (CPA) between the Government of Sudan and the

Sudan People’s Liberation Movement (SPLM) is slow,

raising serious concern about the commitment of the

Government of Sudan to fulfill its responsibilities;

Whereas in July 2005, although the Abyei Boundary Commission, established to define and demarcate the area of

the nine Ngok Dinka chiefdoms, finished its work and

submitted its report to President Bashir, the President

has yet to implement the conclusions of the Commission,

as called for in the Comprehensive Peace Agreement;

Whereas the reconstruction and development of Southern

Sudan and other marginalized areas remains a major

challenge, while the return of refugees and displaced people to their homes in Darfur will require major financial

commitments and the establishment of a secure and safe

environment throughout Darfur;

Whereas in order to tackle these many and difficult challenges, the appointment of a Presidential Special Envoy

for Sudan with a robust mandate and access to, and support of, senior Administration officials, including the

President, is crucial;


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•HRES 992 IH

Whereas Members of Congress and Senators, leading foreign

policy experts, and many nongovernmental organizations

have called repeatedly for the appointment of a Presidential Envoy for Sudan to effectively represent the

United States Government in heading off a further escalation of genocide in Darfur; and

Whereas United States Government officials have diligently

pursued peace agreements to end the North-South conflict and the Darfur conflict and the United States Government has provided more than $2 billion in assistance

to help the suffering people of Sudan: Now, therefore, be

it

1 Resolved, That the House of Representatives—

2 (1) commends the many years of tireless efforts

3 of United States officials who have helped secure the

4 Comprehensive Peace Agreement and the Darfur

5 Peace Agreement;

6 (2) strongly supports the appointment of an

7 adequately staffed Presidential Special Envoy for

8 Sudan with a robust mandate to develop and coordi9 nate United States policy toward Sudan with regular

10 access to senior Administration officials; and

11 (3) strongly urges the mandate of the Presi12 dential Special Envoy for Sudan to include—

13 (A) deterring a further escalation of vio14 lence and humanitarian disaster in the Darfur

15 region of Sudan while ensuring civilians are


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1 adequately protected and the Darfur Peace

2 Agreement is fully implemented;

3 (B) facilitating the development of an

4 international peacekeeping mission to Darfur

5 with a mandate to protect civilians and humani6 tarian workers;

7 (C) ensuring implementation of the Com8 prehensive Peace Agreement, which ended the

9 21-year civil war in Southern Sudan, Nuba,

10 Southern Blue Nile, and Abyei and helping se11 cure a just peace in Eastern Sudan;

12 (D) coordination of reconstruction and de13 velopment work in Southern Sudan and other

14 marginalized areas;

15 (E) coordination and monitoring of the re16 turn of refugees and displaced people to their

17 homes in Darfur and southern Sudan;

18 (F) securing and consolidating peace in

19 Northern Uganda by working closely with the

20 Government of South Sudan and the Govern21 ment of Uganda;

22 (G) coordination of efforts to ensure imple23 mentation of the transformation of the Sudan

24 People’s Liberation Army (SPLA) into a pro25 fessional armed force;


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•HRES 992 IH

1 (H) work toward achieving a peaceful, sta2 ble, and democratic Sudan by ensuring that

3 free and fair elections are held, as called for in

4 the Comprehensive Peace Agreement, by coordi5 nating and implementing programs necessary to

6 achieve these objectives; and

7 (I) coordination of efforts to work toward

8 achieving accountability for the crimes com9 mitted in Darfur by working closely with rel10 evant individuals and entities engaged in this

11 area.

Æ


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H.L.C.

AMENDMENT TO H. RES. 992

OFFERED BY MR. HYDE OF ILLINOIS

In the second clause of the preamble, strike ‘‘more

than 400,000 people’’ and insert ‘‘an estimated 300,000

to 400,000 people’’.

In the 15th clause of the preamble, strike ‘‘and Senators’’.


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IV

109TH CONGRESS

1ST SESSION H. CON. RES. 317

Requesting the President to issue a proclamation annually calling upon the

people of the United States to observe Global Family Day, One Day

of Peace and Sharing, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 15, 2005

Mr. CONYERS (for himself, Mr. LANTOS, Mr. PAYNE, Mr. MEEKS of New

York, Ms. JACKSON-LEE of Texas, Ms. NORTON, Mr. OWENS, Ms. SOLIS,

Mr. NADLER, Ms. KILPATRICK of Michigan, Ms. SCHAKOWSKY, Mr.

PALLONE, Mr. SANDERS, Mr. HINCHEY, Mr. JACKSON of Illinois, Mr.

CUMMINGS, Mr. GRIJALVA, Mr. AL GREEN of Texas, Ms. CORRINE

BROWN of Florida, Mr. GUTIERREZ, Mr. HONDA, and Mr. CLEAVER)

submitted the following concurrent resolution; which was referred to the

Committee on International Relations

CONCURRENT RESOLUTION

Requesting the President to issue a proclamation annually

calling upon the people of the United States to observe

Global Family Day, One Day of Peace and Sharing,

and for other purposes.

Whereas, in the year 2005, the people of the world suffered

many calamitous events, including devastation from tsunami, terror attacks, war, famine, genocide, hurricanes,

earthquakes, political and religious conflict, disease, poverty, and rioting, all necessitating global cooperation,

compassion, and unity previously unprecedented among

diverse cultures, faiths, and economic classes;


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•HCON 317 IH

Whereas grave global challenges in the year 2006 may require cooperation and innovative problem-solving among

citizens and nations on an even greater scale;

Whereas, on December 15, 2000, Congress adopted Senate

Concurrent Resolution 138, expressing the sense of Congress that the President of the United States should

issue a proclamation each year calling upon the people of

the United States and interested organizations to observe

an international day of peace and sharing at the beginning of each year;

Whereas, in 2001, the United Nations General Assembly

adopted Resolution 56/2, which invited ‘‘Member States,

intergovernmental and non-governmental organizations

and all the peoples of the world to celebrate One Day in

Peace, 1 January 2002, and every year thereafter’’;

Whereas many foreign heads of state have recognized the importance of establishing Global Family Day, a special day

of international unity, peace, and sharing, on the first

day of each year;

Whereas Congress desires to express and demonstrate its appreciation to the citizens of the more than 100 countries

who offered aid to United States hurricane victims, to

make tangible efforts to reverse the growing mistrust of

the United States, and to improve relations with others;

and

Whereas family is the basic structure of humanity, thus, we

must all look to the stability and love within our individual families to create stability in the global community: Now, therefore, be it


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•HCON 317 IH

1 Resolved by the House of Representatives (the Senate

2 concurring), That Congress urgently requests the fol3 lowing:

4 (1) That the President issue a proclamation an5 nually calling upon the people of the United States

6 to observe Global Family Day, One Day of Peace

7 and Sharing, a day which is dedicated—

8 (A) to eradicating violence, hunger, pov9 erty, and suffering; and

10 (B) to establishing greater trust and fel11 lowship among peace-loving nations and fami12 lies everywhere.

13 (2) That the President invite former Presidents

14 of the United States, Nobel laureates, and other

15 notables, including American business, labor, faith,

16 and civic leaders, to join the President in promoting

17 appropriate activities for Americans and in extend18 ing appropriate greetings from the families of Amer19 ica to families in the rest of the world.

Æ


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IV

109TH CONGRESS

2D SESSION H. CON. RES. 415

Condemning the repression of the Iranian Baha’i community and calling

for the emancipation of Iranian Baha’is.

IN THE HOUSE OF REPRESENTATIVES

MAY 24, 2006

Mr. KIRK (for himself and Mr. LANTOS) submitted the following concurrent

resolution; which was referred to the Committee on International Relations

CONCURRENT RESOLUTION

Condemning the repression of the Iranian Baha’i community

and calling for the emancipation of Iranian Baha’is.

Whereas in 1982, 1984, 1988, 1990, 1992, 1994, 1996, and

2000, Congress, by concurrent resolution, declared that it

deplores the religious persecution by the Government of

Iran of the Baha’i community and holds the Government

of Iran responsible for upholding the rights of all Iranian

nationals, including members of the Baha’i Faith;

Whereas on March 20, 2006, the United Nations Special

Rapporteur on Freedom of Religion or Belief, Ms. Asma

Jahangir, revealed the existence of a confidential letter

dated October 29, 2005, from the Chairman of the Command Headquarters of Iran’s Armed Forces to the Ministry of Information, the Revolutionary Guard, and the

Police Force, stating that the Supreme Leader, Ayatollah


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Khamenei, had instructed the Command Headquarters to

identify members of the Baha’i Faith in Iran and monitor their activities;

Whereas the United Nations Special Rapporteur expressed

‘‘grave concern and apprehension’’ about the implications

of this letter for the safety of the Baha’i community;

Whereas in 2005 the Iranian Government initiated a new

wave of assaults, homes raids, harassment, and detentions against Baha’is, and in December 2005, Mr.

Zabihullah Mahrami died after 10 years of imprisonment

on charges of apostasy due to his membership in the

Baha’i Faith; and

Whereas beginning in October 2005, an anti-Baha’i campaign

has been conducted in the state-sponsored Kayhan newspaper and in broadcast media: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That Congress—

3 (1) condemns the Government of Iran for the

4 October 29, 2005 letter, calls on the Government of

5 Iran to immediately cease such activities and all ac6 tivities aimed at the repression of the Iranian Baha’i

7 community, and continues to hold the Government

8 of Iran responsible for upholding all the rights of its

9 nationals, including members of the Baha’i commu10 nity; and

11 (2) requests the President to—

12 (A) call for the Government of Iran to

13 emancipate the Baha’i community by granting


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•HCON 415 IH

1 those rights guaranteed by the Universal Dec2 laration of Human Rights and other inter3 national covenants on human rights;

4 (B) emphasize that the United States re5 gards the human rights practices of the Govern6 ment of Iran, including its treatment of the

7 Baha’i community and other religious minori8 ties, as a significant factor in the foreign policy

9 of the United States Government regarding

10 Iran; and

11 (C) initiate an active and consistent dia12 logue with other governments and the European

13 Union in order to persuade the Government of

14 Iran to rectify its human rights practices.

Æ


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I

109TH CONGRESS

2D SESSION S. 2125

IN THE HOUSE OF REPRESENTATIVES

JULY 10, 2006

Referred to the Committee on International Relations

AN ACT

To promote relief, security, and democracy in the Democratic

Republic of the Congo.

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 ‘‘Democratic Republic

5 of the Congo Relief, Security, and Democracy Promotion

6 Act of 2006’’.


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S 2125 RFH

1 TITLE I—BILATERAL ACTION ON

2 ADDRESSING URGENT NEEDS

3 IN THE DEMOCRATIC REPUB4 LIC OF THE CONGO

5 SEC. 101. FINDINGS.

6 Congress makes the following findings:

7 (1) The National Security Strategy of the

8 United States, dated September 17, 2002, concludes

9 that ‘‘[i]n Africa, promise and opportunity sit side10 by-side with disease, war, and desperate poverty.

11 This threatens both a core value of the United

12 States preserving human dignity and our strategic

13 priority combating global terror. American interests

14 and American principles, therefore, lead in the same

15 direction: we will work with others for an African

16 continent that lives in liberty, peace, and growing

17 prosperity.’’

18 (2) On February 16, 2005, the Director of the

19 Central Intelligence Agency testified, ‘‘In Africa,

20 chronic instability will continue to hamper

21 counterterrorism efforts and pose heavy humani22 tarian and peacekeeping burdens.’’

23 (3) According to the United States Agency for

24 International Development, ‘‘Given its size, popu25 lation, and resources, the Congo is an important


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S 2125 RFH

1 player in Africa and of long-term interest to the

2 United States.’’

3 (4) The Democratic Republic of Congo is

2,345,410 square miles (approximately 1 4 ⁄4 the size of

5 the United States), lies at the heart of Africa, and

6 touches every major region of sub-Saharan Africa.

7 Therefore, a secure, peaceful, and prosperous Demo8 cratic Republic of the Congo would have a profound

9 impact on progress throughout Africa.

10 (5) A mortality study completed in December

11 2004 by the International Rescue Committee found

12 that 31,000 people were dying monthly and

13 3,800,000 people had died in the previous 6 years

14 because of the conflict in the Democratic Republic of

15 the Congo and resulting disintegration of the social

16 service infrastructure and that ‘‘improving and

17 maintaining security and increasing simple, proven

18 and cost-effective interventions such as basic medical

19 care, immunizations and clean water would save

20 hundreds of thousands of lives in the Congo. There’s

21 no shortage of evidence. It’s sustained compassion

22 and political will that’s lacking.’’

23 (6) The International Crisis Group concluded,

24 ‘‘The conflict in the Democratic Republic of the

25 Congo remains one of the deadliest conflicts since


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1 World War II and has resulted in the loss of nearly

2 4 million lives since 1998. . . . The international com3 munity, and the United Nations Security Council in

4 particular, must take strong and urgent action to

5 support the transition, establish a national army and

6 secure lasting peace in the Democratic Republic of

7 the Congo, if it is to live up to its responsibility to

8 protect those in need.’’

9 (7) According to the Department of State, ‘‘re10 turning one of Africa’s largest countries [the Demo11 cratic Republic of the Congo] to full peace and sta12 bility will require significant United States invest13 ments in support of national elections, the reintegra14 tion of former combatants, the return and reintegra15 tion of refugees and [internally displaced persons],

16 establishment of central government control over

17 vast territories, and promotion of national reconcili18 ation and good governance’’.

19 (8) According to the 2005 Department of State

20 report on human rights practices in the Democratic

21 Republic of the Congo, ‘‘In all areas of the country,

22 the human rights record remained poor, and numer23 ous serious abuses were committed; however, there

24 were some improvements during the year.’’.


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1 SEC. 102. STATEMENT OF POLICY.

2 It is the policy of the United States—

3 (1) to promote, reinvigorate, and support the

4 political process in the Democratic Republic of the

5 Congo in order to press all parties in the Transi6 tional National Government to move forward with

7 approval of an electoral law and put in place mecha8 nisms, including national and international election

9 observers, fair and transparent voter registration

10 procedures, and a significant civic awareness and

11 public education campaign, to ensure that the elec12 tions scheduled to be held on July 30, 2006, and fu13 ture elections in the Democratic Republic of the

14 Congo are carried out in a fair and democratic man15 ner;

16 (2) to ensure that, once a stable national gov17 ernment is established in the Democratic Republic of

18 the Congo, it is committed to multiparty democracy,

19 open and transparent governance, respect for human

20 rights and religious freedom, ending the violence

21 throughout the country, promoting peace and sta22 bility with its neighbors, rehabilitating the national

23 judicial system and enhancing the rule of law, and

24 combating corruption;

25 (3) to assist the Government of the Democratic

26 Republic of the Congo in meeting the basic needs of


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1 its citizens, including security, safety, and access to

2 health care, education, food, shelter, and clean

3 drinking water;

4 (4) to engage in security sector reform by help5 ing the Government of the Democratic Republic of

6 the Congo establish through the provision of nec7 essary equipment and training a viable and profes8 sional national army and police force that respects

9 human rights and the rule of law, is under effective

10 civilian control, and possesses a viable presence

11 throughout the entire country, including by contrib12 uting to the provision of necessary equipment and

13 training;

14 (5) to expedite planning and implementation of

15 programs associated with the disarmament, demobi16 lization, repatriation, reintegration, and rehabilita17 tion process in the Democratic Republic of the

18 Congo;

19 (6) to support efforts of the Government of the

20 Democratic Republic of the Congo, the United Na21 tions Peacekeeping Mission in the Democratic Re22 public of the Congo (MONUC), and other entities,

23 as appropriate, to disarm, demobilize, and repatriate

24 the Democratic Forces for the Liberation of Rwanda

25 and other illegally armed groups;


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1 (7) to ensure that the Government of the

2 Democratic Republic of the Congo—

3 (A) is committed to responsible and trans4 parent management of natural resources across

5 the country; and

6 (B) takes active measures—

7 (i) to promote economic development;

8 (ii) to hold accountable individuals

9 who misuse the country’s natural resources

10 for personal gain; and

11 (iii) to implement the Extractive In12 dustries Transparency Initiative by enact13 ing laws requiring disclosure and inde14 pendent auditing of company payments

15 and government receipts for natural re16 source extraction;

17 (8) to promote a viable civil society and to en18 hance nongovernmental organizations and institu19 tions, including religious organizations, the media,

20 political parties, trade unions, and trade and busi21 ness associations, that can act as a stabilizing force

22 and effective check on the government;

23 (9) to rebuild and enhance infrastructure, com24 munications, and other mechanisms that will in25 crease the ability of the central government to manVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00132 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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1 age internal affairs, encourage economic develop2 ment, and facilitate relief efforts of humanitarian or3 ganizations;

4 (10) to halt the high prevalence of sexual abuse

5 and violence perpetrated against women and children

6 in the Democratic Republic of the Congo and miti7 gate the detrimental effects from acts of this type of

8 violence by undertaking a number of health, edu9 cation, and financial support measures, including

10 psycho-social programs, counseling, and HIV/AIDS

11 testing and treatment, and providing financial sup12 port;

13 (11) to work aggressively on a bilateral basis to

14 urge governments of countries contributing troops to

15 the United Nations Peacekeeping Mission in the

16 Democratic Republic of the Congo (MONUC) to

17 enact and enforce laws on trafficking in persons and

18 sexual abuse that meet international standards, pro19 mote codes of conduct for troops serving as part of

20 United Nations peacekeeping missions, and imme21 diately investigate and punish citizens who are re22 sponsible for abuses in the Democratic Republic of

23 the Congo;

24 (12) to undertake steps that—


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1 (A) protect internally displaced persons

2 and refugees in the Democratic Republic of the

3 Congo and border regions from all forms of vio4 lence, including gender-based violence and other

5 human rights abuses;

6 (B) address other basic needs of vulnerable

7 populations with the goal of allowing these con8 flict-affected individuals to ultimately return to

9 their homes; and

10 (C) assess the magnitude of the problem in

11 the Democratic Republic of the Congo of or12 phans from conflict and HIV/AIDS, and work

13 to establish a program of national support;

14 (13) to engage with governments working to

15 promote peace and security throughout the Demo16 cratic Republic of the Congo and hold accountable

17 individuals, entities, and countries working to desta18 bilize the country; and

19 (14) to promote appropriate use of the forests

20 of the Democratic Republic of the Congo in a man21 ner that benefits the rural population in that coun22 try that depends on the forests for their livelihoods

23 and protects national and environmental interests.


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1 SEC. 103. BILATERAL ASSISTANCE TO THE DEMOCRATIC

2 REPUBLIC OF THE CONGO.

3 (a) AUTHORIZATION OF APPROPRIATIONS.—

4 (1) IN GENERAL.—In addition to amounts oth5 erwise available for such purposes, including

6 amounts from regional funds, there is authorized to

7 be appropriated $52,000,000 for fiscal year 2006 for

8 bilateral assistance programs in the Democratic Re9 public of the Congo under the Foreign Assistance

10 Act of 1961 (22 U.S.C. 2151 et seq.), the Agricul11 tural Trade Development and Assistance Act of

12 1954 (68 Stat. 454, chapter 469), and the Arms Ex13 port Control Act (22 U.S.C. 2751 et seq.).

14 (2) AVAILABILITY OF FUNDS.—Amounts appro15 priated pursuant to paragraph (1) are authorized to

16 remain available until expended.

17 (b) USES OF ASSISTANCE.—Amounts appropriated

18 pursuant to subsection (a) shall be used to accomplish the

19 policy objectives in section 102.

20 (c) FUTURE YEAR FUNDING.—The Department of

21 State should submit budget requests in fiscal years 2007,

22 2008, and 2009 that contain increases in bilateral assist23 ance for the Democratic Republic of the Congo that are

24 appropriate and similar to the increase authorized under

25 subsection (a) for fiscal year 2006 if progress is being

26 made, particularly cooperation by the Government of the


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1 Democratic Republic of the Congo, toward accomplishing

2 the objectives in section 102.

3 (d) OFFSETS.—Not later than 30 days after the date

4 of the enactment of this Act, the Secretary of State should

5 consult with the Chairmen and Ranking Members of the

6 Committee on Foreign Relations, the Committee on Ap7 propriations, and the Committee on the Budget of the

8 Senate and the Committee on International Relations, the

9 Committee on Appropriations, and the Committee on the

10 Budget of the House of Representatives to determine ap11 propriate reductions in funding, especially redundant or

12 duplicative programs, to offset the increase in funding au13 thorized in subsection (a).

14 (e) USES OF SECURITY ASSISTANCE.—Security as15 sistance that is authorized to be appropriated under this

16 section shall be made available consistent with section 551

17 of the Foreign Operations, Export Financing, and Related

18 Programs Appropriations Act, 2006 (Public Law 109–

19 102; 119 Stat. 2218) and other provisions of law related

20 to eligibility.

21 (f) COORDINATION WITH OTHER DONOR NA22 TIONS.—The United States should work with other donor

23 nations, on a bilateral and multilateral basis, to increase

24 international contributions to the Democratic Republic of


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1 the Congo and accomplish the policy objectives described

2 in section 102.

3 SEC. 104. ACCOUNTABILITY FOR THE GOVERNMENT OF

4 THE DEMOCRATIC REPUBLIC OF THE CONGO.

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that—

7 (1) the Government of the Democratic Republic

8 of the Congo must be committed to achieving the

9 policy objectives described in this Act if the efforts

10 of the United States and other members of the

11 international community are to be effective in bring12 ing relief, security, and democracy to the country;

13 and

14 (2) the international community, through the

15 United Nations peacekeeping mission, humanitarian

16 and development relief, and other forms of assist17 ance, is providing a substantial amount of funding

18 that is giving the Government of the Democratic Re19 public of the Congo an opportunity to make progress

20 towards accomplishing the policy objectives in sec21 tion 102, but this assistance cannot continue in per22 petuity.

23 (b) REPORT ON PROGRESS.—

24 (1) REPORT REQUIRED.—Not later than one

25 year after the date of the enactment of this Act, the


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1 Comptroller General of the United States shall sub2 mit to Congress a report on the progress made to3 ward accomplishing the policy objectives described in

4 section 102.

5 (2) CONTENT.—The report required under

6 paragraph (1) shall include—

7 (A) a description of any major impedi8 ments that prevent the accomplishment of the

9 policy objectives described in section 102;

10 (B) an evaluation of United States policies

11 and foreign assistance programs designed to ac12 complish such policy objectives; and

13 (C) recommendations for—

14 (i) improving these policies and pro15 grams; and

16 (ii) any additional bilateral or multi17 lateral actions necessary to promote peace

18 and prosperity in the Democratic Republic

19 of the Congo.

20 (c) TERMINATION OF ASSISTANCE.—The Secretary

21 of State may withhold assistance otherwise available under

22 this Act if the Secretary determines and reports to Con23 gress that the Government of the Democratic Republic of

24 the Congo is not making sufficient progress towards ac25 complishing the policy objectives described in section 102.


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1 SEC. 105. STRATEGY ON PROMOTING HUMANITARIAN RE2 LIEF, SECURITY, AND DEMOCRACY IN THE

3 DEMOCRATIC REPUBLIC OF THE CONGO.

4 Not later than 180 days after the date of the enact5 ment of this Act, the President shall submit to the Com6 mittee on Foreign Relations and the Committee on Appro7 priations of the Senate and the Committee on Inter8 national Relations and the Committee on Appropriations

9 of the House of Representatives a report setting forth a

10 strategy for achieving the policy objectives described in

11 section 102, including a description of an effective mecha12 nism for coordination of United States Government efforts

13 to implement this strategy.

14 SEC. 106. SPECIAL ENVOY FOR THE GREAT LAKES REGION.

15 (a) IN GENERAL.—Not later than 60 days after the

16 date of the enactment of this Act, the President should

17 appoint a Special Envoy for the Great Lakes Region to

18 resolve the instability and insecurity in Eastern Congo,

19 which is the result of multiple international and domestic

20 factors, and to enhance the regional harmonization of

21 United States policies and assistance programs.

22 (b) CONSULTATION.—In appointing the Special

23 Envoy, the President should consult with the Majority

24 Leader and Minority Leader of the Senate, the Speaker

25 and Minority Leader of the House of Representatives, and

26 the Chairmen and Ranking Members of the Committee on


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1 Foreign Relations of the Senate and the Committee on

2 International Relations of the House of Representatives.

3 (c) ELIGIBILITY OF DEPARTMENT OF STATE EM4 PLOYEES.—The individual designated to serve as the Spe5 cial Envoy may be an employee of the Department of

6 State with the rank of Deputy Assistant Secretary or

7 higher.

8 TITLE II—MULTILATERAL AC9 TIONS TO ADDRESS URGENT

10 NEEDS IN THE DEMOCRATIC

11 REPUBLIC OF THE CONGO

12 SEC. 201. PROMOTION OF UNITED STATES POLICY TOWARD

13 THE DEMOCRATIC REPUBLIC OF THE CONGO

14 IN THE UNITED NATIONS SECURITY COUN15 CIL.

16 The United States shall use its voice and vote in the

17 United Nations Security Council—

18 (1) to address exploitation at the United Na19 tions Peacekeeping Mission in the Democratic Re20 public of the Congo (MONUC) by urging, when

21 credible allegations exist, appropriate investigation

22 of alleged perpetrators and, as necessary, prosecu23 tion of United Nations personnel responsible for sex24 ual abuses in the Democratic Republic of the Congo;


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1 (2) to ensure that appropriate guidelines, codes

2 of conduct, and programs for the prevention of sex3 ual abuse and trafficking in persons are undertaken

4 by the United Nations;

5 (3) to strengthen the authority and capacity of

6 MONUC by—

7 (A) providing specific authority and obliga8 tion to prevent and effectively counter imminent

9 threats;

10 (B) clarifying and strengthening

11 MONUC’s rules of engagement to enhance the

12 protection of vulnerable civilian populations;

13 (C) enhancing the surveillance and intel14 ligence-gathering capabilities available to

15 MONUC;

16 (D) where consistent with United States

17 policy, making available personnel, communica18 tions, and military assets that improve the ef19 fectiveness of robust peacekeeping, mobility,

20 and command and control capabilities of

21 MONUC; and

22 (E) providing MONUC with the authority

23 and resources needed to support efforts sur24 rounding national elections and the referendum

25 on the constitution, and to monitor arms trafVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00141 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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1 ficking and natural resource exploitation at key

2 border posts and airfields in the eastern part of

3 the Democratic Republic of the Congo;

4 (4) to encourage regular visits of the United

5 Nations Security Council to monitor the situation in

6 the Democratic Republic of the Congo;

7 (5) to ensure that the practice of recruiting and

8 arming children in the Democratic Republic of the

9 Congo is immediately halted pursuant to Security

10 Council Resolutions 1460 (2003) and 1539 (2004);

11 (6) to strengthen the arms embargo imposed

12 pursuant to Security Council Resolution 1493

13 (2003) and ensure that violators are held account14 able through appropriate measures, including the

15 possible imposition of sanctions;

16 (7) to allow for the more effective protection

17 and monitoring of natural resources in the Demo18 cratic Republic of the Congo, especially in the east19 ern part of the country, and for public disclosure

20 and independent auditing of natural resource reve21 nues to help ensure transparent and accountable

22 management of these revenues;

23 (8) to press countries in the Congo region to

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1 cratic Republic of the Congo and promote relief, se2 curity, and democracy throughout the region; and

3 (9) to encourage the United Nations Secretary4 General to become more involved in completing the

5 policy objectives described in paragraphs (1) and (2)

6 of section 102 and ensure that recent fighting in

7 North Kivu, which displaced over 150,000 people, as

8 well as fighting in Ituri and other areas, does not

9 create widespread instability throughout the country.

10 SEC. 202. INCREASING CONTRIBUTIONS AND OTHER HU11 MANITARIAN AND DEVELOPMENT ASSIST12 ANCE THROUGH INTERNATIONAL ORGANIZA13 TIONS.

14 (a) IN GENERAL.—The President shall instruct the

15 United States permanent representative or executive direc16 tor, as the case may be, to the United Nations voluntary

17 agencies, including the World Food Program, the United

18 Nations Development Program, and the United Nations

19 High Commissioner for Refugees, international financial

20 institutions, and other appropriate international organiza21 tions to use the voice and vote of the United States to

22 support additional humanitarian and development assist23 ance for the Democratic Republic of the Congo in order

24 to accomplish the objectives described in section 102.


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1 (b) SUPPORT CONTINGENT ON PROGRESS.—If the

2 Secretary of State determines that the Government of the

3 Democratic Republic of the Congo is not making sufficient

4 progress towards accomplishing the policy objectives in

5 section 102, the President shall consider withdrawing

6 United States support for the assistance described in sub7 section (a) when future funding decisions are considered.

Passed the Senate June 29, 2006.

Attest: EMILY J. REYNOLDS,

Secretary.


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AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO S. 2125

OFFERED BY MR. LANTOS

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Democratic Republic

3 of the Congo Relief, Security, and Democracy Promotion

4 Act of 2006’’.

5 TITLE I—BILATERAL ACTION ON

6 ADDRESSING URGENT NEEDS

7 IN THE DEMOCRATIC REPUB8 LIC OF THE CONGO

9 SEC. 101. FINDINGS.

10 Congress makes the following findings:

11 (1) The National Security Strategy of the

12 United States, dated September 17, 2002, concludes

13 that ‘‘[i]n Africa, promise and opportunity sit side14 by-side with disease, war, and desperate poverty.

15 This threatens both a core value of the United

16 States preserving human dignity and our strategic

17 priority combating global terror. American interests

18 and American principles, therefore, lead in the same


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1 direction: we will work with others for an African

2 continent that lives in liberty, peace, and growing

3 prosperity.’’

4 (2) On February 16, 2005, the Director of the

5 Central Intelligence Agency testified, ‘‘In Africa,

6 chronic instability will continue to hamper

7 counterterrorism efforts and pose heavy humani8 tarian and peacekeeping burdens.’’

9 (3) According to the United States Agency for

10 International Development, ‘‘Given its size, popu11 lation, and resources, the Congo is an important

12 player in Africa and of long-term interest to the

13 United States.’’

14 (4) The Democratic Republic of the Congo is

2,345,410 square miles (approximately 1 15 ⁄4 the size of

16 the United States), lies at the heart of Africa, and

17 touches every major region of sub-Saharan Africa.

18 Therefore, a secure, peaceful, and prosperous Demo19 cratic Republic of the Congo would have a profound

20 impact on progress throughout Africa.

21 (5) A mortality study completed in December

22 2004 by the International Rescue Committee found

23 that 31,000 people were dying monthly and

24 3,800,000 people had died in the previous 6 years

25 because of the conflict in the Democratic Republic of


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1 the Congo and resulting disintegration of the social

2 service infrastructure and that ‘‘improving and

3 maintaining security and increasing simple, proven

4 and cost-effective interventions such as basic medical

5 care, immunizations and clean water would save

6 hundreds of thousands of lives in the Congo. There’s

7 no shortage of evidence. It’s sustained compassion

8 and political will that’s lacking.’’

9 (6) In 2004, Amnesty International estimated

10 that at least 40,000 women and girls were system11 atically raped and tortured since conflict erupted in

12 the Democratic Republic of the Congo in 1998.

13 (7) Nearly two-thirds of abuses against women

14 and girls are perpetrated by members of the security

15 forces, particularly the Forces Armes de la Repub16 lique Democratique du Congo (FAREC) and the Po17 lice Nationale Congolaise (PNC).

18 (8) The International Crisis Group concluded,

19 ‘‘The conflict in the Democratic Republic of the

20 Congo remains one of the deadliest conflicts since

21 World War II and has resulted in the loss of nearly

22 4 million lives since 1998. . . . The international

23 community, and the United Nations Security Coun24 cil in particular, must take strong and urgent action

25 to support the transition, establish a national army


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1 and secure lasting peace in the Democratic Republic

2 of the Congo, if it is to live up to its responsibility

3 to protect those in need.’’

4 (9) According to the Department of State, ‘‘re5 turning one of Africa’s largest countries [the Demo6 cratic Republic of the Congo] to full peace and sta7 bility will require significant United States invest8 ments in support of national elections, the reintegra9 tion of former combatants, the return and reintegra10 tion of refugees and [internally displaced persons],

11 establishment of central government control over

12 vast territories, and promotion of national reconcili13 ation and good governance’’.

14 (10) According to the 2005 Department of

15 State report on human rights practices in the Demo16 cratic Republic of the Congo, ‘‘In all areas of the

17 country, the human rights record remained poor,

18 and numerous serious abuses were committed; how19 ever, there were some improvements during the

20 year.’’.

21 SEC. 102. STATEMENT OF POLICY.

22 It is the policy of the United States—

23 (1) to help promote, reinvigorate, and support

24 the political process in the Democratic Republic of

25 the Congo in order to press all parties in the TransiVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00148 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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1 tional National Government and the succeeding gov2 ernment to implement fully and to institutionalize

3 mechanisms, including national and international

4 election observers, fair and transparent voter reg5 istration procedures, and a significant civic aware6 ness and public education campaign created for the

7 July 30, 2006, elections and future elections in the

8 Democratic Republic of the Congo, to ensure that

9 elections are carried out in a fair and democratic

10 manner;

11 (2) to urge the Government of the Democratic

12 Republic of the Congo to recognize and act upon its

13 responsibilities to immediately bring discipline to its

14 security forces, hold those individuals responsible for

15 atrocities and other human rights violations, particu16 larly the rape of women and girls as an act of war,

17 accountable and bring such individuals to justice;

18 (3) to help ensure that, once a stable national

19 government is established in the Democratic Repub20 lic of the Congo, it is committed to multiparty de21 mocracy, open and transparent governance, respect

22 for human rights and religious freedom, ending the

23 violence throughout the country, promoting peace

24 and stability with its neighbors, rehabilitating the


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1 national judicial system and enhancing the rule of

2 law, and combating corruption;

3 (4) to assist the Government of the Democratic

4 Republic of the Congo in meeting the basic needs of

5 its citizens, including security, safety, and access to

6 health care, education, food, shelter, and clean

7 drinking water;

8 (5) to support security sector reform by assist9 ing the Government of the Democratic Republic of

10 the Congo to establish a viable and professional na11 tional army and police force that respects human

12 rights and the rule of law, is under effective civilian

13 control, and possesses a viable presence throughout

14 the entire country, provided the Democratic Repub15 lic of the Congo meets all requirements for United

16 States military assistance under existing law;

17 (6) to help expedite planning and implementa18 tion of programs associated with the disarmament,

19 demobilization, repatriation, reintegration, and reha20 bilitation process in the Democratic Republic of the

21 Congo;

22 (7) to support efforts of the Government of the

23 Democratic Republic of the Congo, the United Na24 tions Peacekeeping Mission in the Democratic Re25 public of the Congo (MONUC), and other entities,


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1 as appropriate, to disarm, demobilize, and repatriate

2 the Democratic Forces for the Liberation of Rwanda

3 and other illegally armed groups;

4 (8) to make all efforts to ensure that the Gov5 ernment of the Democratic Republic of the Congo—

6 (A) is committed to responsible and trans7 parent management of natural resources across

8 the country; and

9 (B) takes active measures—

10 (i) to promote economic development;

11 (ii) to hold accountable individuals

12 who misuse the country’s natural resources

13 for personal gain; and

14 (iii) to implement the Extractive In15 dustries Transparency Initiative by enact16 ing laws requiring disclosure and inde17 pendent auditing of company payments

18 and government receipts for natural re19 source extraction;

20 (9) to promote a viable civil society and to en21 hance nongovernmental organizations and institu22 tions, including religious organizations, the media,

23 political parties, trade unions, and trade and busi24 ness associations, that can act as a stabilizing force

25 and effective check on the government;


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1 (10) to help rebuild and enhance infrastructure,

2 communications, and other mechanisms that will in3 crease the ability of the central government to man4 age internal affairs, encourage economic develop5 ment, and facilitate relief efforts of humanitarian or6 ganizations;

7 (11) to help halt the high prevalence of sexual

8 abuse and violence perpetrated against women and

9 children in the Democratic Republic of the Congo

10 and mitigate the detrimental effects from acts of

11 this type of violence by undertaking a number of

12 health, education, and social support measures, in13 cluding psycho-social programs, counseling, and

14 HIV/AIDS testing and treatment, and providing eco15 nomic opportunities;

16 (12) to work aggressively on a bilateral basis to

17 urge governments of countries contributing troops to

18 the United Nations Peacekeeping Mission in the

19 Democratic Republic of the Congo (MONUC) to

20 enact and enforce laws on trafficking in persons and

21 sexual abuse that meet international standards, pro22 mote codes of conduct for troops serving as part of

23 United Nations peacekeeping missions, and imme24 diately investigate and punish citizens who are reVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00152 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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1 sponsible for abuses in the Democratic Republic of

2 the Congo;

3 (13) to undertake steps that—

4 (A) protect internally displaced persons

5 and refugees in the Democratic Republic of the

6 Congo and border regions from all forms of vio7 lence, including gender-based violence and other

8 human rights abuses;

9 (B) address other basic needs of vulnerable

10 populations with the goal of allowing these con11 flict-affected individuals to ultimately return to

12 their homes; and

13 (C) assess the magnitude of the problem in

14 the Democratic Republic of the Congo of or15 phans from conflict and HIV/AIDS, and work

16 to establish a program of national support;

17 (14) to engage with governments working to

18 promote peace and security throughout the Demo19 cratic Republic of the Congo and hold accountable

20 individuals, entities, and countries working to desta21 bilize the country; and

22 (15) to promote appropriate use of the forests

23 of the Democratic Republic of the Congo in a man24 ner that benefits the rural population in that counVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00153 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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1 try that depends on the forests for their livelihoods

2 and protects national and environmental interests.

3 SEC. 103. BILATERAL ASSISTANCE TO THE DEMOCRATIC

4 REPUBLIC OF THE CONGO.

5 (a) FUNDING FOR FISCAL YEARS 2006 AND 2007.—

6 Of the amounts made available to carry out the Foreign

7 Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Agri8 cultural Trade Development and Assistance Act of 1954

9 (68 Stat. 454, chapter 469), and the Arms Export Control

10 Act (22 U.S.C. 2751 et seq.) for fiscal year 2006 and

11 2007, at least $52,000,000 for each such fiscal year

12 should be allocated for bilateral assistance programs in the

13 Democratic Republic of the Congo.

14 (b) FUTURE YEAR FUNDING.—It is the sense of Con15 gress that the Department of State should submit budget

16 requests in fiscal years 2008 and 2009 that contain in17 creases in bilateral assistance for the Democratic Republic

18 of the Congo that are appropriate if progress is being

19 made, particularly cooperation by the Government of the

20 Democratic Republic of the Congo, toward accomplishing

21 the objectives in section 102.

22 (c) COORDINATION WITH OTHER DONOR NA23 TIONS.—The United States should work with other donor

24 nations, on a bilateral and multilateral basis, to increase

25 international contributions to the Democratic Republic of


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1 the Congo and accomplish the policy objectives described

2 in section 102.

3 SEC. 104. ACCOUNTABILITY FOR THE GOVERNMENT OF

4 THE DEMOCRATIC REPUBLIC OF THE CONGO.

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that—

7 (1) the Government of the Democratic Republic

8 of the Congo must be committed to achieving the

9 policy objectives described in this Act if the efforts

10 of the United States and other members of the

11 international community are to be effective in bring12 ing relief, security, and democracy to the country;

13 (2) the Government of the Democratic Republic

14 of the Congo should immediately exercise control

15 over and discipline its armed forces, stop the mass

16 rapes at the hands of its armed forces, and hold

17 those responsible for these acts accountable before

18 an appropriate tribunal;

19 (3) the Government of the Democratic Republic

20 of the Congo, in collaboration with international aid

21 agencies, should establish expert teams to assess the

22 needs of the victims of rape and provide health,

23 counseling, and social support services that such vic24 tims need; and


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1 (4) the international community, through the

2 United Nations peacekeeping mission, humanitarian

3 and development relief, and other forms of assist4 ance, is providing a substantial amount of funding

5 that is giving the Government of the Democratic Re6 public of the Congo an opportunity to make progress

7 towards accomplishing the policy objectives in sec8 tion 102, but this assistance cannot continue in per9 petuity.

10 (b) TERMINATION OF ASSISTANCE.—It is the sense

11 of Congress that the Secretary of State should withhold

12 assistance otherwise available under this Act if the Sec13 retary determines that the Government of the Democratic

14 Republic of the Congo is not making sufficient progress

15 towards accomplishing the policy objectives described in

16 section 102.

17 SEC. 105. STRATEGY ON PROMOTING HUMANITARIAN RE18 LIEF, SECURITY, AND DEMOCRACY IN THE

19 DEMOCRATIC REPUBLIC OF THE CONGO.

20 Not later than 180 days after the date of the enact21 ment of this Act, the President shall submit to the Com22 mittee on Foreign Relations and the Committee on Appro23 priations of the Senate and the Committee on Inter24 national Relations and the Committee on Appropriations

25 of the House of Representatives a report setting forth a


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1 strategy for achieving the policy objectives described in

2 section 102, including a description of an effective mecha3 nism for coordination of United States Government efforts

4 to implement this strategy.

5 SEC. 106. SPECIAL ENVOY FOR THE GREAT LAKES REGION.

6 Not later than 60 days after the date of the enact7 ment of this Act, the President should appoint a Special

8 Envoy for the Great Lakes Region to help resolve the in9 stability and insecurity in Eastern Congo.

10 TITLE II—MULTILATERAL AC11 TIONS TO ADDRESS URGENT

12 NEEDS IN THE DEMOCRATIC

13 REPUBLIC OF THE CONGO

14 SEC. 201. PROMOTION OF UNITED STATES POLICY TOWARD

15 THE DEMOCRATIC REPUBLIC OF THE CONGO

16 IN THE UNITED NATIONS SECURITY COUN17 CIL.

18 The United States should use its voice and vote in

19 the United Nations Security Council—

20 (1) to address exploitation at the United Na21 tions Peacekeeping Mission in the Democratic Re22 public of the Congo (MONUC) by continuing to

23 urge, when credible allegations exist, appropriate in24 vestigation of alleged perpetrators and, as necessary,

25 prosecution of United Nations personnel responsible


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1 for sexual abuses in the Democratic Republic of the

2 Congo;

3 (2) to conclude at the earliest possible date a

4 Memorandum of Understanding relating to binding

5 codes of conduct and programs for the prevention of

6 sexual abuse and trafficking in persons to be under7 taken by the United Nations for all countries that

8 contribute troops to MONUC, to include paternity

9 and child support for victims and children of soldiers

10 responsible once identified;

11 (3) to strengthen the authority and capacity of

12 MONUC by—

13 (A) providing specific authority and obliga14 tion to prevent and effectively counter imminent

15 threats;

16 (B) clarifying and strengthening

17 MONUC’s rules of engagement to enhance the

18 protection of vulnerable civilian populations;

19 (C) enhancing the surveillance and intel20 ligence-gathering capabilities available to

21 MONUC;

22 (D) where consistent with United States

23 policy, making available personnel, communica24 tions, and military assets that improve the ef25 fectiveness of robust peacekeeping, mobility,


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1 and command and control capabilities of

2 MONUC; and

3 (E) providing MONUC with the authority

4 and resources needed to monitor arms traf5 ficking and natural resource exploitation at key

6 border posts and airfields in the eastern part of

7 the Democratic Republic of the Congo;

8 (4) to encourage regular visits of the United

9 Nations Security Council to monitor the situation in

10 the Democratic Republic of the Congo;

11 (5) to ensure that the practice of recruiting and

12 arming children in the Democratic Republic of the

13 Congo is immediately halted pursuant to Security

14 Council Resolutions 1460 (2003) and 1539 (2004);

15 (6) to strengthen the arms embargo imposed

16 pursuant to Security Council Resolution 1493

17 (2003) and ensure that violators are held account18 able through appropriate measures, including the

19 possible imposition of sanctions;

20 (7) to allow for the more effective protection

21 and monitoring of natural resources in the Demo22 cratic Republic of the Congo, especially in the east23 ern part of the country, and for public disclosure

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1 nues to help ensure transparent and accountable

2 management of these revenues;

3 (8) to press countries in the Congo region to

4 help facilitate an end to the violence in the Demo5 cratic Republic of the Congo and promote relief, se6 curity, and democracy throughout the region; and

7 (9) to encourage the United Nations Secretary8 General to become more involved in completing the

9 policy objectives described in paragraphs (1) and (2)

10 of section 102 and ensure that recent fighting in

11 North Kivu, which displaced over 150,000 people, as

12 well as fighting in Ituri and other areas, does not

13 create widespread instability throughout the country.

14 SEC. 202. INCREASING CONTRIBUTIONS AND OTHER HU15 MANITARIAN AND DEVELOPMENT ASSIST16 ANCE THROUGH INTERNATIONAL ORGANIZA17 TIONS.

18 (a) IN GENERAL.—The President should instruct the

19 United States permanent representative or executive direc20 tor, as the case may be, to the United Nations voluntary

21 agencies, including the World Food Program, the United

22 Nations Development Program, and the United Nations

23 High Commissioner for Refugees, and other appropriate

24 international organizations to use the voice and vote of

25 the United States to support additional humanitarian and


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1 development assistance for the Democratic Republic of the

2 Congo in order to accomplish the objectives described in

3 section 102.

4 (b) SUPPORT CONTINGENT ON PROGRESS.—If the

5 Secretary of State determines that the Government of the

6 Democratic Republic of the Congo is not making sufficient

7 progress towards accomplishing the policy objectives in

8 section 102, the President shall consider withdrawing

9 United States support for the assistance described in sub10 section (a) when future funding decisions are considered.


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I

109TH CONGRESS

2D SESSION S. 3836

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 6, 2006

Referred to the Committee on International Relations

AN ACT

To reauthorize the United States Advisory Commission on

Public Diplomacy.

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 ‘‘United States Advisory

5 Commission on Public Diplomacy Reauthorization Act of

6 2006’’.


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S 3836 RFH

1 SEC. 2. REAUTHORIZATION OF UNITED STATES ADVISORY

2 COMMISSION ON PUBLIC DIPLOMACY.

3 Section 1334 of the Foreign Affairs Reform and Re4 structuring Act of 1998 (22 U.S.C. 6553), as amended

5 by section 410 of the Department of State and Related

6 Agency Appropriations Act, 2006 (Public Law 109–108;

7 119 Stat. 2327), is amended by striking ‘‘October 1,

8 2006’’ and inserting ‘‘October 1, 2009’’.

Passed the Senate August 3, 2006.

Attest: EMILY J. REYNOLDS,

Secretary.


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Sec. 1. Short title; table of contents.

Sec. 2. Fraud prevention and detection account.

Sec. 3. Education allowances.

Sec. 4. Protection of refugees from North Korea.

Sec. 5. Interference with protective functions.

Sec. 6. Incitement to acts of discrimination.

Sec. 7. Persons excused from payment of fees for execution and issuance of

passports.

Sec. 8. Authority to administratively amend surcharges.

Sec. 9. Extension of privileges and immunities.

Sec. 10. Property disposition.

Sec. 11. Services for children with autism at overseas missions.

Sec. 12. Removal of contracting prohibition.

Sec. 13. Assistance for maternal and prenatal care for certain individuals of

Belarus and Ukraine affected by the Chernobyl disaster.

Sec. 14. Foreign Service pay for performance system.

Sec. 15. Pay for performance interim schedule.

Sec. 16. Uniform compensation for worldwide service.

Sec. 17. Technical and conforming amendments.

Sec. 18. Dual gateway policy of the Government of Ireland.

Sec. 19. Personal services contracting program.

Sec. 20. Worldwide availability.

1 SEC. 2. FRAUD PREVENTION AND DETECTION ACCOUNT.

2 Section 286(v)(2)(A) of the Immigration and Nation3 ality Act (8 U.S.C. 1356(v)(2)(A)) is amended—

4 (1) in clause (i), by inserting ‘‘or primarily’’

5 after ‘‘exclusively’’; and

6 (2) by amending clause (ii) to read as follows:

7 ‘‘(ii) otherwise to prevent and detect

8 visa fraud, including primarily fraud by

9 applicants for visas described in subpara10 graph (H)(i), (H)(ii), or (L) of section

11 101(a)(15), in cooperation with the Sec12 retary of Homeland Security or pursuant

13 to the terms of a memorandum of under14 standing or other agreement between the


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1 Secretary of State and the Secretary of

2 Homeland Security; and’’.

3 SEC. 3. EDUCATION ALLOWANCES.

4 Section 5924(4) of title 5, United States Code, is

5 amended—

6 (1) in the first sentence of subparagraph (A),

7 by inserting ‘‘United States’’ after ‘‘nearest’’;

8 (2) by amending subparagraph (B) to read as

9 follows:

10 ‘‘(B) The travel expenses of dependents of

11 an employee to and from a secondary or post12 secondary educational institution, not to exceed

13 one annual trip each way for each dependent,

14 except that an allowance payment under sub15 paragraph (A) may not be made for a depend16 ent during the 12 months following the arrival

17 of the dependent at the selected educational in18 stitution under authority contained in this sub19 paragraph.’’; and

20 (3) by adding at the end the following:

21 ‘‘(D) Allowances provided pursuant to sub22 paragraphs (A) and (B) may include, at the

23 election of the employee, payment or reimburse24 ment of the costs incurred to store baggage for

25 the employee’s dependent at or in the vicinity of


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1 the dependent’s school during the dependent’s

2 annual trip between the school and the employ3 ee’s duty station, except that such payment or

4 reimbursement may not exceed the cost that the

5 Government would incur to transport the bag6 gage in connection with the annual trip, and

7 such payment or reimbursement shall be in lieu

8 of transportation of the baggage.’’.

9 SEC. 4. PROTECTION OF REFUGEES FROM NORTH KOREA.

10 (a) RESPONSIBILITIES OF THE SPECIAL ENVOY ON

11 HUMAN RIGHTS IN NORTH KOREA.—Section 107(c) of

12 the North Korean Human Rights Act of 2004 (Public Law

13 108–333) is amended—

14 (1) in paragraph (5), by striking ‘‘and’’ at the

15 end;

16 (2) in paragraph (6), by striking the period at

17 the end and inserting ‘‘; and’’; and

18 (3) by adding at the end the following new

19 paragraph:

20 ‘‘(7) help coordinate efforts by the Secretary of

21 State to assist North Korean refugees and migrants,

22 including the activities directed by section 303.’’.

23 (b) REPORTING REQUIREMENTS.—Section 305(a) of

24 the North Korean Human Rights Act of 2004 is

25 amended—


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1 (1) in paragraph (1), by striking ‘‘and’’ at the

2 end;

3 (2) in paragraph (2), by striking the period at

4 the end and inserting ‘‘; and’’; and

5 (3) by adding at the end the following new

6 paragraph:

7 ‘‘(3) a detailed description of the measures un8 dertaken by the Secretary of State to carry out sec9 tion 303, including country-specific information with

10 respect to United States efforts to secure the co11 operation and permission of the governments of

12 countries in East and Southeast Asia to facilitate

13 United States processing of North Koreans seeking

14 protection as refugees. The information required by

15 this paragraph may be provided in a classified for16 mat, if necessary.’’.

17 SEC. 5. INTERFERENCE WITH PROTECTIVE FUNCTIONS.

18 (a) OFFENSE.—Chapter 7 of title 18, United States

19 Code, is amended by adding at the end the following:

20 ‘‘§ 118. Interference with certain protective functions

21 ‘‘Any person who knowingly and willfully obstructs,

22 resists, or interferes with a Federal law enforcement agent

23 engaged, within the United States or the special maritime

24 territorial jurisdiction of the United States, in the per25 formance of the protective functions authorized under secVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00168 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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1 tion 37 of the State Department Basic Authorities Act

2 of 1956 (22 U.S.C. 2709) or section 103 of the Diplomatic

3 Security Act (22 U.S.C. 4802) shall be fined under this

4 title, imprisoned not more than 1 year, or both.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of such chapter is amended by adding

7 at the end the following:

‘‘Sec. 118. Interference with certain protective functions.’’.

8 SEC. 6. INCITEMENT TO ACTS OF DISCRIMINATION.

9 (a) INCLUSION OF INFORMATION RELATING TO IN10 CITEMENT TO ACTS OF DISCRIMINATION IN ANNUAL

11 COUNTRY REPORTS ON HUMAN RIGHT PRACTICES.—

12 (1) COUNTRIES RECEIVING ECONOMIC ASSIST13 ANCE.—Section 116(d) of the Foreign Assistance

14 Act of 1961 (22 U.S.C. 2151n(d)) is amended—

15 (A) in paragraph (10), by striking ‘‘and’’

16 at the end;

17 (B) in paragraph (11)(C), by striking the

18 period at the end and inserting ‘‘; and’’; and

19 (C) by adding at the end the following new

20 paragraph:

21 ‘‘(12) wherever applicable, a description of the

22 nature and extent of—

23 ‘‘(A) propaganda in foreign government

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1 produced educational materials and textbooks,

2 that attempt to justify or promote racial hatred

3 or incite acts of violence against any race or

4 people;

5 ‘‘(B) complicity or involvement by the for6 eign government in the creation of such propa7 ganda or incitement of acts of violence against

8 any race or people; and

9 ‘‘(C) a description of the actions, if any,

10 taken by the foreign government to eliminate

11 such propaganda or incitement.’’.

12 (2) COUNTRIES RECEIVING SECURITY ASSIST13 ANCE.—Section 502B(b) of the Foreign Assistance

14 Act of 1961 (22 U.S.C. 2304(b)) is amended by in15 serting after the ninth sentence the following new

16 sentence: ‘‘Each report under this section shall also

17 include, wherever applicable, a description of the na18 ture and extent of propaganda in foreign govern19 ment and foreign government-controlled media and

20 other sources, including foreign government-pro21 duced educational materials and textbooks, that at22 tempt to justify or promote racial hatred or incite

23 acts of violence against any race or people, com24 plicity or involvement by the foreign government in

25 the creation of such propaganda or incitement of


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1 acts of violence against any race or people, and a de2 scription of the actions, if any, taken by the foreign

3 government to eliminate such propaganda or incite4 ment.’’.

5 (b) EFFECTIVE DATE OF AMENDMENTS.—The

6 amendments made by subsection (a) shall take effect on

7 the date of the enactment of this Act and apply beginning

8 with the first report submitted by the Secretary of State

9 under sections 116(d) and 502B(b) of the Foreign Assist10 ance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) after

11 such date.

12 SEC. 7. PERSONS EXCUSED FROM PAYMENT OF FEES FOR

13 EXECUTION AND ISSUANCE OF PASSPORTS.

14 Section 1 of the Act of June 4, 1920 (22 U.S.C. 214)

15 is amended—

16 (1) by striking ‘‘or from a widow’’ and inserting

17 ‘‘from a widow’’; and

18 (2) by inserting ‘‘; or from an individual or in19 dividuals abroad, returning to the United States,

20 when the Secretary determines that foregoing the

21 collection of such fee is justified for humanitarian

22 reasons or for law enforcement purposes’’ after

23 ‘‘such member’’ the second place it appears.


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1 SEC. 8. AUTHORITY TO ADMINISTRATIVELY AMEND SUR2 CHARGES.

3 (a) IN GENERAL.—Beginning in fiscal year 2007 and

4 thereafter, the Secretary of State is authorized to amend

5 administratively the amounts of the surcharges related to

6 consular services in support of enhanced border security

7 (provided for in the last paragraph under the heading

8 ‘‘DIPLOMATIC AND CONSULAR PROGRAMS’’ under title

9 IV of division B of the Consolidated Appropriations Act,

10 2005 (Public Law 108–447)) that are in addition to the

11 passport and immigrant visa fees in effect on January 1,

12 2004.

13 (b) REQUIREMENTS.—In carrying out subsection (a)

14 and the provision of law described in such subsection, the

15 Secretary shall meet the following requirements:

16 (1) The amounts of the surcharges shall be rea17 sonably related to the costs of providing services in

18 connection with the activity or item for which the

19 surcharges are charged.

20 (2) The aggregate amount of surcharges col21 lected may not exceed the aggregate amount obli22 gated and expended for the costs related to consular

23 services in support of enhanced border security in24 curred in connection with the activity or item for

25 which the surcharges are charged.


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1 (3) A surcharge may not be collected except to

2 the extent the surcharge will be obligated and ex3 pended to pay the costs related to consular services

4 in support of enhanced border security incurred in

5 connection with the activity or item for which the

6 surcharge is charged.

7 (4) A surcharge shall be available for obligation

8 and expenditure only to pay the costs related to con9 sular services in support of enhanced border security

10 incurred in providing services in connection with the

11 activity or item for which the surcharge is charged.

12 SEC. 9. EXTENSION OF PRIVILEGES AND IMMUNITIES.

13 (a) THE AFRICAN UNION.—Section 12 of the Inter14 national Organizations Immunities Act (22 U.S.C. 288f–

15 2) is amended—

16 (1) in the header, by striking ‘‘ORGANIZATION

17 OF AFRICAN UNITY’’ and inserting ‘‘AFRICAN

18 UNION’’;

19 (2) by inserting ‘‘(a)’’ before ‘‘The provisions’’;

20 and

21 (3) by adding at the end the following:

22 ‘‘(b) Under such terms and conditions as the Presi23 dent shall determine, consistent with the purposes of this

24 title, the President is authorized to extend, or enter into

25 an agreement to extend, to the African Union Mission to


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1 the United States of America, and to its members, the

2 privileges and immunities enjoyed by diplomatic missions

3 accredited to the United States, and by members of such

4 missions, subject to corresponding conditions and obliga5 tions.’’.

6 (b) BANK FOR INTERNATIONAL SETTLEMENTS.—

7 The International Organizations Immunities Act (22

8 U.S.C. 288 et seq.) is amended by adding at the end the

9 following:

10 ‘‘SEC. 17. The provisions of this title may be ex11 tended to the Bank for International Settlements in the

12 same manner, to the same extent, and subject to the same

13 conditions, as they may be extended to a public inter14 national organization in which the United States partici15 pates pursuant to any treaty or under the authority of

16 any Act of Congress authorizing such participation or

17 making an appropriation for such participation.’’.

18 (c) THE HOLY SEE.—Under such terms and condi19 tions as the President shall determine, the President is

20 authorized to extend, or to enter into an agreement to ex21 tend, to the Permanent Observer Mission of the Holy See

22 to the United Nations in New York, and to its members,

23 the privileges and immunities enjoyed by the diplomatic

24 missions of member states to the United Nations, and


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1 their members, subject to corresponding conditions and

2 obligations.

3 SEC. 10. PROPERTY DISPOSITION.

4 Section 633(e) of the Departments of Commerce,

5 Justice, and State, the Judiciary, and Related Agencies

6 Appropriations Act, 2004 (division B of Public Law 108-

7 199; 22 U.S.C. 2078(e)) is amended—

8 (1) by striking ‘‘The United States, through the

9 Department of State, shall retain ownership of the

10 Palazzo Corpi building in Istanbul, Turkey, and the’’

11 and inserting ‘‘The’’; and

12 (2) by striking ‘‘at such location’’ and inserting

13 ‘‘at an appropriate location’’.

14 SEC. 11. SERVICES FOR CHILDREN WITH AUTISM AT OVER15 SEAS MISSIONS.

16 (a) STUDY.—With respect to countries in which there

17 is at least one mission of the United States, the Secretary

18 of State shall conduct a study of the availability of pro19 grams that address the special needs of children with au20 tism, including the availability of speech therapists and

21 pediatric occupational therapists at Department of De22 fense sponsored schools. Such study shall include the esti23 mated incidence of autism among dependents of members

24 of the Foreign Service and dependents of specialist For25 eign Service personnel. Such study shall also include an


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1 analysis of the possibility of establishing ‘‘Educational

2 Centers of Excellence’’ for such children.

3 (b) REPORT.—Not later than 30 days after the com4 pletion of the study required under subsection (a), the Sec5 retary shall submit to the Committee on International Re6 lations of the House of Representatives and the Com7 mittee on Foreign Relations of the Senate a report con8 taining the findings of the study together with any rec9 ommendations for related action.

10 SEC. 12. REMOVAL OF CONTRACTING PROHIBITION.

11 Section 406 of the Omnibus Diplomatic Security and

12 Antiterrorism Act of 1986 (22 U.S.C. 4856) is amended

13 by striking subsection (c).

14 SEC. 13. ASSISTANCE FOR MATERNAL AND PRENATAL

15 CARE FOR CERTAIN INDIVIDUALS OF

16 BELARUS AND UKRAINE AFFECTED BY THE

17 CHERNOBYL DISASTER.

18 Of the amounts made available for each of the fiscal

19 years 2007 and 2008 to carry out chapters 11 and 12

20 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.

21 2295 et seq. and 2296 et seq.) and the FREEDOM Sup22 port Act (22 U.S.C. 5801 et seq.), such sums as may be

23 necessary for each such fiscal year are authorized to be

24 available for assistance to improve maternal and prenatal

25 care, especially for the purpose of helping prevent birth


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1 defects and pregnancy complications, for individuals in the

2 Republic of Belarus and Ukraine affected by the

3 Chernobyl disaster.

4 SEC. 14. FOREIGN SERVICE PAY FOR PERFORMANCE SYS5 TEM.

6 (a) PURPOSE.—The purposes of this section are—

7 (1) to recruit, retain, and reward high-per8 forming Foreign Service members required to be

9 available for worldwide assignment;

10 (2) to ensure performance management that ef11 fectively communicates performance expectations

12 and makes meaningful distinctions based upon rel13 ative performance; and

14 (3) to institute a worldwide pay system, con15 sistent with the requirement that Foreign Service

16 members be available for worldwide assignment.

17 (b) FOREIGN SERVICE SCHEDULE.—Section 403 of

18 the Foreign Service Act of 1980 (22 U.S.C. 3963) is

19 amended to read as follows:

20 ‘‘§ 403. Foreign service schedule

21 ‘‘(a) ESTABLISHMENT.—The President shall estab22 lish, and periodically adjust, a Foreign Service Schedule,

23 which shall consist of 9 salary classes that apply to mem24 bers of the Service who are citizens of the United States

25 and for whom salary rates are not otherwise provided


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1 under this chapter. The maximum salary rate for the high2 est class established under this section, which shall be des3 ignated class 1, may not exceed the rate of basic pay for

4 level IV of the Executive Schedule under section 5315 of

5 title 5, United States Code.

6 ‘‘(b) ADJUSTMENTS.—Any adjustment in the basic

7 salary rates for members of the Service made at the time

8 of a schedule adjustment under subsection (a) shall be

9 made in accordance with section 406.’’.

10 (c) WITHIN CLASS SALARY INCREASES.—Section

11 406 of the Foreign Service Act of 1980 (22 U.S.C. 3966)

12 is amended to read as follows:

13 ‘‘§ 406. Within class salary increases

14 ‘‘(a) DETERMINATION.—The Secretary, in the Sec15 retary’s sole and exclusive discretion, shall determine

16 which basic salary rate within a band of rates of pay pre17 scribed by the President under section 403(a) shall be paid

18 to members of the Service, taking into account individual

19 performance, contribution to the mission of the Depart20 ment, or both, under a rigorous performance management

21 system that—

22 ‘‘(1) makes meaningful distinctions based upon

23 relative performance; and

24 ‘‘(2) clearly links individual pay and perform25 ance under precepts prescribed by the Secretary.


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1 ‘‘(b) EQUAL BASIC SALARY ADJUSTMENTS.—Not2 withstanding subsection (a), the Secretary, in the Sec3 retary’s sole and exclusive discretion, may provide equal

4 basic salary adjustments for all career candidates or other

5 members of the Service—

6 ‘‘(1) whose performance has not been reviewed

7 by a selection board under section 602; and

8 ‘‘(2) who are found to meet the standards of

9 performance for their class.

10 ‘‘(c) PERFORMANCE-BASED SALARY ADJUST11 MENTS.—

12 ‘‘(1) IN GENERAL.—For performance-based pay

13 adjustments, the Secretary in the Secretary’s sole

14 and exclusive discretion, shall annually allocate an

15 amount equal to or greater than the sum of—

16 ‘‘(A) an amount that would be sufficient to

17 fund increases under section 406(a) of the For18 eign Service Act as in effect on March 31,

19 2008; and

20 ‘‘(B) the amount necessary to provide for

21 pay adjustments based on mission require22 ments, labor market conditions, availability of

23 funds, pay adjustments received by employees

24 of other Federal agencies, and any other rel25 evant factors.


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1 ‘‘(2) FLEXIBILITY.—The formula set forth in

2 paragraph (1) shall—

3 ‘‘(A) ensure that employees, in the aggre4 gate, are not disadvantaged in terms of the

5 overall amount of pay available as a result of

6 conversion to the new foreign service perform7 ance-based compensation system; and

8 ‘‘(B) provide flexibility to accommodate

9 changes in the mix of employees performing

10 those functions, and other changed cir11 cumstances that might impact pay levels.

12 ‘‘(3) LIMITATION.—No performance-based sal13 ary adjustments authorized by this section may be

14 paid to any member of the Service if the perform15 ance of the member falls below the standards of per16 formance for the salary class of the member.’’.

17 (d) EXCEPTIONS.—

18 (1) LOCALITY PAYMENTS FOR PRIOR SERV19 ICE.—A member of the Foreign Service may not re20 ceive a locality payment under section 5304 of title

21 5, United States Code, for service performed on or

22 after the first day of the first pay period beginning

23 on or after April 1, 2008.

24 (2) PRIOR SERVICE PAY.—Except as provided

25 in section 16(c)(1), a member of the Foreign Service


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1 may not receive a nonforeign area allowance or dif2 ferential under section 5941 of title 5, United States

3 Code, for service performed on or after the first day

4 of the first pay period beginning on or after April

5 1, 2008.

6 (e) EFFECTIVE DATE.—This section and the amend7 ments made by this section shall take effect on the first

8 day of the first pay period beginning on or after April 1,

9 2008.

10 SEC. 15. PAY FOR PERFORMANCE INTERIM SCHEDULE.

11 (a) RATES OF PAY.—

12 (1) IN GENERAL.—Except as provided under

13 subsection (b), the Foreign Service Schedule estab14 lished under section 403 of the Foreign Service Act

15 of 1980, in effect on the date of the enactment of

16 this Act, including step rates—

17 (A) shall be adjusted in accordance with

18 section 5303 of title 5, United States Code; and

19 (B) shall be capped at the maximum rate

20 of basic pay for grade GS–15 of the General

21 Schedule under section 5332 of that title.

22 (2) LOCALITY PAY.—A member of the Service

23 whose official duty station is located in an applicable

24 locality pay area shall continue to receive localityVerDate Mar 21 2002 13:11 Nov 01, 2006 Jkt 000000 PO 00000 Frm 00181 Fmt 6633 Sfmt 6633 F:\WORK\FULL\091306M\29884.000 HINTREL1 PsN: SHIRL

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1 based comparability payments under section 5304 of

2 that title.

3 (b) INTERIM FOREIGN SERVICE SCHEDULE.—

4 (1) ESTABLISHMENT.—The Secretary of State

5 shall establish an interim Foreign Service Schedule

6 for members of the Service designated class 1 or

7 below whose official duty station is not located in

8 areas for which such members receive payments pur9 suant to section 5304 or 5941 of title 5, United

10 States Code.

11 (2) INCREASED RATES.—The rates under the

12 Foreign Service Schedule established under this sub13 section shall be 9 percent higher than the rates

14 under the Foreign Service Schedule described in

15 subsection (a) unless a different percentage is pre16 scribed by the President. Each covered member shall

17 receive a corresponding increase in the member’s

18 rate of basic pay. Any adjustment of the rates under

19 the Foreign Service Schedule described in subsection

20 (a) shall result in a corresponding adjustment of

21 rates under the Foreign Service Schedule established

22 under this subsection.

23 (3) CONVERSION RULES.—The Secretary, in

24 the Secretary’s sole and exclusive discretion, shall

25 establish conversion rules for a member who is


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1 transferred between the Foreign Service Schedule

2 described in subsection (a) and the Foreign Service

3 Schedule established under this subsection due to a

4 change in official duty station.

5 (c) STEP INCREASES.—A member covered by the

6 Foreign Service Schedule (including the interim Foreign

7 Service Schedule) shall receive within class salary step in8 creases in accordance with section 406 of the Foreign

9 Service Act of 1980 (22 U.S.C. 3966), including step in10 creases that become effective on the first day of the first

11 pay period beginning on or after April 1, 2008.

12 (d) EFFECTIVE DATE.—This section shall take effect

13 beginning on the first day of the first pay period beginning

14 on or after April 1, 2007, and ending on the effective date

15 described in section 14(e).

16 SEC. 16. UNIFORM COMPENSATION FOR WORLDWIDE SERV17 ICE.

18 (a) TRANSITIONS AND PAY FORMULAS.—

19 (1) TRANSITION DATE.—Subject to paragraphs

20 (2) through (4), a member of the Service designated

21 class 1 or below shall be converted to the new For22 eign Service Schedule established under section 403

23 of the Foreign Service Act of 1980, as amended by

24 section 14, on the first day of the first pay period

25 beginning on or after April 1, 2008.


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1 (2) SIMULTANEOUS PAY ACTIONS.—Subject to

2 section 15(c), the Secretary, in the Secretary’s sole

3 and exclusive discretion, shall determine whether

4 and how any applicable simultaneous pay actions

5 will be applied in connection with a conversion,

6 under paragraph (1).

7 (3) PAY CONVERSION FORMULA.—Any member

8 described in paragraph (1) whose official duty sta9 tion is not located in an area for which members re10 ceive payments pursuant to section 5304 or 5941 of

11 title 5, United States Code, shall receive an increase

12 in the member’s rate of basic pay upon conversion,

13 if necessary, to ensure that the resulting rate equals

14 the sum of—

15 (A) the base rate under the Foreign Serv16 ice Schedule described in subsection (a) for the

17 member’s class and step; and

18 (B) the amount resulting from multiplying

19 the rate described in subparagraph (A) by the

20 locality-based comparability percentage in effect

21 for the Washington, D.C. locality pay area at

22 that time.

23 (4) LOCALITY-BASED PAY.—Any member de24 scribed in paragraph (1) whose official duty station

25 is located in an area for which such members receive


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1 payments pursuant to section 5304 or 5941 of title

2 5, United States Code, shall, upon conversion, cease

3 to receive payments authorized under such sections

4 and shall receive instead an increase in the mem5 ber’s rate of basic pay equivalent to the percentage

6 value of the locality-based comparability payment re7 ceived by members of the Service designated class 1

8 or below whose official duty station was Washington,

9 D.C. on the date of conversion.

10 (b) ADJUSTMENTS IN THE RATE OF BASIC PAY.—

11 (1) IN GENERAL.—After conversion to the For12 eign Service Schedule established under section 403

13 of the Foreign Service Act of 1980, as amended by

14 section 14, the Secretary, in the Secretary’s sole and

15 exclusive discretion, may provide a special one-time

16 adjustment in the rate of basic pay for career can17 didates or other members of the Service—

18 (A) whose performance has not been re19 viewed by a selection board under section 602

20 of such Act (22 U.S.C. 4002); and

21 (B) who, if not for such conversion, would

22 have been scheduled to receive a step increase

23 after the date of conversion and before Sep24 tember 30, 2008.


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1 (2) LIMITATIONS.—Any such adjustment shall

2 be prorated based on the portion of the waiting pe3 riod completed as of the day before conversion. No

4 adjustment under this subsection may result in a

5 rate above the maximum rate of the applicable rate

6 range.

7 (c) SPECIAL TRANSITIONAL RULES.—

8 (1) SPECIAL RULES.—The Secretary, in the

9 Secretary’s sole and exclusive discretion, may estab10 lish special transitional rules to prevent a reduction

11 in a member’s rate of pay due to a conversion to the

12 Foreign Service Schedule established under section

13 15(b). Notwithstanding subsection (a)(4), such rules

14 may authorize a member stationed in a nonforeign

15 area to temporarily continue to receive a portion of

16 an allowance or post differential under section 5941

17 of title 5, United States Code.

18 (2) APPLICABILITY.—This subsection shall

19 apply to a member who, immediately before

20 conversion—

21 (A) is entitled to a locality-based com22 parability payment under section 5304 of title

23 5, United States Code, at a rate exceeding the

24 locality rate applicable in Washington, D.C., at

25 that time; or


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H.L.C.

1 (B) is entitled to a nonforeign area allow2 ance or differential under section 5941 of such

3 title.

4 (3) TREATMENT OF TEMPORARY ADJUST5 MENT.—Any temporary adjustment provided to a

6 member described in paragraph (2)(A) shall be

7 treated as basic pay for the same purposes as the lo8 cality-based comparability payment under section

9 5304 of title 5, United States Code.

10 SEC. 17. TECHNICAL AND CONFORMING AMENDMENTS.

11 (a) TECHNICAL AND CONFORMING AMENDMENTS TO

12 THE FOREIGN SERVICE ACT.—The Foreign Service Act

13 of 1980 (22 U.S.C. 3901 et seq.) is amended—

14 (1) in section 402(a)(2) (22 U.S.C.

15 3962(a)(2))—

16 (A) by striking ‘‘The Secretary shall’’ and

17 inserting ‘‘The Secretary, in the Secretary’s

18 sole and exclusive discretion, shall’’;

19 (B) by striking ‘‘the Secretary may’’ and

20 inserting ‘‘The Secretary, in the Secretary’s

21 sole and exclusive discretion, may’’; and

22 (C) by inserting ‘‘under precepts pre23 scribed by the Secretary.’’ after ‘‘system’’;

24 (2) in section 602(a) (22 U.S.C. 4002(a)), by

25 amending paragraph (3) to read as follows:


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H.L.C.

1 ‘‘(3) approvals or denials of pay for perform2 ance salary adjustments under sections 402(a)(2)

3 and 406(a)’’;

4 (3) in section 605 (22 U.S.C. 4005)—

5 (A) in subsection (a)—

6 (i) by inserting ‘‘and pay for perform7 ance salary adjustments under sections

8 402(a)(2) and 406(a)’’ after ‘‘Rec9 ommendations for promotion’’; and

10 (ii) by inserting ‘‘and pay for perform11 ance salary adjustments’’ after ‘‘shall

12 make promotions’’; and

13 (B) in subsection (b)—

14 (i) by inserting ‘‘or precepts pre15 scribed by the Secretary’’ after ‘‘set forth

16 by regulation’’; and

17 (ii) by inserting ‘‘or salary adjust18 ment’’ after ‘‘delay the promotion’’;

19 (4) in section 806(a)(9) (22 U.S.C.

20 4046(a)(9)), by adding at the end the following:

21 ‘‘This paragraph shall not apply to service per22 formed on or after the first day of the first pay pe23 riod beginning on or after April 1, 2008.’’; and

24 (5) in section 855(a)(3) (22 U.S.C.

25 4071d(a)(3)), by adding at the end the following:


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H.L.C.

1 ‘‘This paragraph shall not apply to service per2 formed on or after the first day of the first pay pe3 riod beginning on or after April 1, 2008.’’.

4 (b) TECHNICAL AND CONFORMING AMENDMENTS TO

5 TITLE 5.—Title 5, United States Code, is amended—

6 (1) in chapter 53—

7 (A) in section 5302(1)—

8 (i) in subparagraph (A), by adding

9 ‘‘or’’ at the end;

10 (ii) by striking subparagraph (B); and

11 (iii) by redesignating subparagraph

12 (C) as subparagraph (B); and

13 (B) in section 5304(h)(1)(D)—

14 (i) in clause (v), by striking ‘‘or’’ at

15 the end;

16 (ii) in clause (vi), by striking the pe17 riod at the end and inserting ‘‘; or’’; and

18 (iii) by adding at the end the fol19 lowing:

20 ‘‘(vii) a position in the Foreign Serv21 ice.’’; and

22 (2) in chapter 57—

23 (A) in section 5753(a)(2)(A), by inserting:

24 ‘‘, excluding members of the Foreign Service


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H.L.C.

1 other than chiefs of mission and ambassadors

2 at large’’ before the semicolon at the end.

3 (B) in section 5754(a)(2)(A), by inserting:

4 ‘‘, excluding members of the Foreign Service

5 other than chiefs of mission and ambassadors

6 at large’’ before the semicolon at the end.

7 (c) EFFECTIVE DATES.—The amendments made by

8 subsections (a) and (b)(1) shall take effect on the first

9 day of the first pay period beginning on or after April 1,

10 2008.

11 SEC. 18. DUAL GATEWAY POLICY OF THE GOVERNMENT OF

12 IRELAND.

13 (a) IN GENERAL.—The Secretary of State shall re14 view the dual gateway policy and determine the effects the

15 discontinuation of such policy might have on the economy

16 of the United States and the economy of western Ireland

17 before the United States takes any action that could lead

18 to the discontinuation of such policy.

19 (b) ECONOMIC IMPACT STUDY.—In determining the

20 effects that the discontinuation of such policy might have

21 on the economy of the United States, the Secretary, in

22 consultation with the heads of other appropriate depart23 ments and agencies, shall consider the effects the dis24 continuation of such policy might have on United States

25 businesses operating in western Ireland, Irish businesses


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1 operating in and around Shannon Airport, and United

2 States air carriers serving Ireland.

3 (c) REPORT.—Not later than 180 days after the date

4 of the enactment of this Act, the Secretary shall submit

5 to the Committee on International Relations of the House

6 of Representatives and the Committee on Foreign Rela7 tions of the Senate a report describing the determinations

8 made under subsection (a), together with any rec9 ommendations for United States action.

10 (d) DEFINITION.—In this section, the term ‘‘dual

11 gateway policy’’ means the policy of the Government of

12 Ireland requiring certain air carriers serving Dublin Air13 port to undertake an equal numbers of flights to Shannon

14 Airport and Dublin Airport during each calendar year.

15 SEC. 19. PERSONAL SERVICES CONTRACTING PROGRAM.

16 Section 504 of the Foreign Relations Authorization

17 Act, Fiscal Year 2003 (Public Law 107-228) is

18 amended—

19 (1) in the section heading, by striking

20 ‘‘PILOT’’;

21 (2) in subsection (a)—

22 (A) by striking ‘‘pilot’’;

23 (B) by striking ‘‘(in this section referred to

24 as the ‘program’)’’; and


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H.L.C.

1 (C) by striking ‘‘producers, and writers’’

2 and inserting ‘‘and other broadcasting special3 ists’’;

4 (3) in subsection (b)(4), by striking ‘‘60’’ and

5 inserting ‘‘100’’; and

6 (4) by striking subsection (c).

7 SEC. 20. WORLDWIDE AVAILABILITY.

8 Section 301(b) of the Foreign Service Act of 1980

9 (22 U.S.C. 3491(b)) is amended by adding at the end the

10 following new sentence: ‘‘At the time of entry into the

11 Service, each member of the Service must be worldwide

12 available, as determined by the Secretary of State through

13 appropriate medical examinations, unless the Secretary

14 determines that a waiver of the worldwide availability re15 quirement is required to fulfill a compelling Service need.

16 The Secretary shall establish an internal administrative

17 review process for medical ineligibility determinations.’’.


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IV

109TH CONGRESS

2D SESSION H. RES. 985

Directing the Secretary of State to provide to the House of Representatives

certain documents in the possession of the Secretary of State relating

to the report submitted to the Committee on International Relations

of the House of Representatives on July 28, 2006, pursuant to the

Iran and Syria Nonproliferation Act.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 7, 2006

Mr. BERMAN (for himself and Mr. DELAHUNT) submitted the following

resolution; which was referred to the Committee on International Relations

RESOLUTION

Directing the Secretary of State to provide to the House

of Representatives certain documents in the possession

of the Secretary of State relating to the report submitted

to the Committee on International Relations of the

House of Representatives on July 28, 2006, pursuant

to the Iran and Syria Nonproliferation Act.

1 Resolved, That the Secretary of State is directed to

2 provide to the House of Representatives, not later than

3 14 days after the date of the adoption of this resolution,

4 all documents (excluding those documents that reveal in5 telligence sources and methods) in the possession of the

6 Secretary of State, including notes from meetings, memos,


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•HRES 985 IH

1 and electronic mail records, relating to the report sub2 mitted to the Committee on International Relations of the

3 House of Representatives on July 28, 2006, pursuant to

4 section 2 of the Iran and Syria Nonproliferation Act (Pub5 lic Law 106–178; 50 U.S.C. 1701 note), including—

6 (1) any such document indicating the dates on

7 which the draft report was circulated to and ap8 proved by various offices and bureaus of the Depart9 ment of State;

10 (2) any such document relating to the date on

11 which the report would be submitted to Congress;

12 and

13 (3) any such document relating to the briefing

14 provided by Department of State officials to con15 gressional staff on July 26, 2006, regarding the con16 tents of the report.

Æ


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Chairman HYDE. I am pleased to see some of the Filipino war 

veterans are with us today and we greet them. 

[Applause.] 

Mr. LANTOS. Mr. Chairman? 

Chairman HYDE. Yes, Mr. Lantos? 

Mr. LANTOS. I would like all Members and members of the audience just to stay for 1 minute. 

Although we are planning appropriate on-the-Floor tributes to 

our distinguished Chairman, in view of the fact that this may be 

our last markup, I would like to express on behalf of all Members 

of this Committee, Republicans and Democrats, our deepest appreciation for the privilege of having served with one of the rare 

statesmen of our age who has brought judgment, wisdom, experience, fairness and extraordinary commitment to the national welfare to this body. 

I would like everyone to join me in thanking our Chairman. 

[Applause.] 

Mr. BURTON. Mr. Chairman? 

Chairman HYDE. Who seeks time? 

Mr. BURTON. Mr. Burton of Indiana. I just wanted to make one 

inquiry. I could not figure out why Mr. Lantos did not mention 

your good looks as well. 

Mr. LANTOS. Pure jealousy. 

Chairman HYDE. When I came here 32 years ago, I wanted to 

change the world. Now, I just want to leave with dignity. [Laughter.] 

The Committee stands adjourned, with my thanks. 

[Whereupon, at 12 o’clock p.m., the Committee was adjourned.] 

(193)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE HEARING RECORD

PREPARED STATEMENT OF THE HONORABLE SHERROD BROWN, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF OHIO

Mr. Chairman—

I would like to thank you for advancing legislation on a number of important 

issues, but in particular, for considering H. Res. 723 and H.Res. 992, both of which 

address the genocide in Darfur. 

Civilians in Sudan are being systematically murdered, raped and brutalized. We 

have recognized these atrocities as genocide—and yet we have not been able to protect civilians in Darfur. 

The United States and the international community must work together to end 

the genocide. 

The African Union peacekeeping forces are scheduled to withdraw at the end of 

the month. Last week, the UN Security Council approved the deployment of more 

than 20,000 military and police into the Darfur region. But the Sudanese government opposes international intervention. 

The resolutions that we consider today call for increased world involvement and 

American leadership to protect innocent lives and end the genocide. 

H.Res.723 calls on the world to take immediate steps to help improve the security 

situation in Darfur, Sudan, with a specific emphasis on civilian protection. 

H.Res. 992 calls for the appointment of a Presidential Special Envoy to coordinate 

U.S. policy towards Sudan. 

The Special Envoy would facilitate the development of an international peacekeeping mission, deter the escalation of the violence in the region, coordinate reconstruction in marginalized areas, coordinate the return of refugees, work toward 

achieving a peaceful, stable, democratic Sudan, and coordinate bringing those responsible for the genocide to justice. 

The violence and ongoing humanitarian challenges that the people of Darfur face 

require our commitment. 

I strongly support H.Res.723 and H.Res.992. 

PREPARED STATEMENT OF THE HONORABLE JOSEPH CROWLEY, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF NEW YORK

H.RES 622—REP. DARREL ISSA RECOGNIZING AND HONORING THE FILIPINO WORLD WAR

II VETERANS

• Mr. Chairman I reserve the Right to Object

• Mr. Chairman I want to commend my colleague and good friend, Rep. Darrell Issa 

for this resolution recognizing the important contributions of Filipino’s in the efforts of World War II. And I am proud to join him as a co-sponsor.

• I know first hand of the tremendous heroism and sacrifice of Filipino’s in World 

War II and I think it is time of this Congress to recognize it

• In my own district, I represent an area known in New York City, as Little Manila, 

between 65th and 71st Streets on Roosevelt Avenue

• Filipino’s have made a tremendous contribution to the United States not only by 

fighting alongside US soldiers in the South Pacific Theater, but through their success today in my own local neighborhood and in communities throughout this 

country.

• I urge my colleagues to support this bill. 

194

AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H. RES. 940

• Mr. Speaker this resolution recognizes the Government of Peru on their 185th Anniversary.

• Peru has been a strong partner of the United States and the recent elections in 

Peru

• The election of President Garcia should be applauded by our Congress as a peaceful transition of power and a strong affirmation of the ties between the United 

States and Peru.

• Approximately 300,000 Peruvians live in the United Stats and many of them reside in or visit my Congressional district of Jackson Heights, Queens.

• I urge this Committee to pass this resolution recognizing the strong foundation 

of their homeland, Peru, on its 185 anniversary. 

H.RES 976—MCCAUL (TX)–CROWLEY

• Mr. Chairman I reserve the right to object

• Mr. Chairman, I am proud to join my good friend Michael McCaul as a sponsor 

of his resolution.

• Michael has brought a tremendous amount of talent to this committee and to 

these issues and I want to recognize him for it.

• Mr. Chairman, this resolution condemns the miserable human rights record of the 

government of Iran.

• Not only is Iran a threat to US troops fighting the war on terror in Iraq, to Israel, 

to Western Europe and of course to the United States.

• The Iranian government is first and foremost a threat to its own people.

• We have long documented discrimination against women, minorities, Jews, Christians, and gays in Iran.

• Instead of an opening up of Iranian culture, there is a systemic repression of 

many.

• As a member of the United Nations, and a signatory to many international treaties banning discrimination, Iran needs to do better.

• This resolution demands that and I urge its passage.

Æ