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35–678PDF 2007

VARIOUS BILLS AND RESOLUTIONS

MARKUP

BEFORE THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED TENTH CONGRESS

FIRST SESSION

ON

H.R. 885, H.R. 2446, S. 676, H. Con. Res. 21,

H. Con. Res. 80, H. Con. Res. 151,

H. Con. Res. 152, H. Res. 137, H. Res. 226,

H. Res. 233, H. Res. 295, H. Res. 395,

H. Res. 397, H. Res. 412, H. Res. 418,

H. Res. 422, H. Res. 430 and H.R. 2420

MAY 23, 2007

Serial No. 110–88

Printed for the use of the Committee on Foreign Affairs

(

Available via the World Wide Web: http://www.foreignaffairs.house.gov/
(II)

COMMITTEE ON FOREIGN AFFAIRS 

TOM LANTOS, California, Chairman 

HOWARD L. BERMAN, California 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

BRAD SHERMAN, California 

ROBERT WEXLER, Florida 

ELIOT L. ENGEL, New York 

BILL DELAHUNT, Massachusetts 

GREGORY W. MEEKS, New York 

DIANE E. WATSON, California 

ADAM SMITH, Washington 

RUSS CARNAHAN, Missouri 

JOHN S. TANNER, Tennessee 

GENE GREEN, Texas 

LYNN C. WOOLSEY, California 

SHEILA JACKSON LEE, Texas 

RUBE ́ N HINOJOSA, Texas 

JOSEPH CROWLEY, New York 

DAVID WU, Oregon 

BRAD MILLER, North Carolina 

LINDA T. SA ́ NCHEZ, California 

DAVID SCOTT, Georgia 

JIM COSTA, California 

ALBIO SIRES, New Jersey 

GABRIELLE GIFFORDS, Arizona 

RON KLEIN, Florida 

ILEANA ROS-LEHTINEN, Florida 

CHRISTOPHER H. SMITH, New Jersey 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

DANA ROHRABACHER, California 

DONALD A. MANZULLO, Illinois 

EDWARD R. ROYCE, California 

STEVE CHABOT, Ohio 

THOMAS G. TANCREDO, Colorado 

RON PAUL, Texas 

JEFF FLAKE, Arizona 

JO ANN DAVIS, Virginia 

MIKE PENCE, Indiana 

JOE WILSON, South Carolina 

JOHN BOOZMAN, Arkansas 

J. GRESHAM BARRETT, South Carolina 

CONNIE MACK, Florida 

JEFF FORTENBERRY, Nebraska 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

BOB INGLIS, South Carolina 

LUIS G. FORTUN ̃ O, Puerto Rico 

GUS BILIRAKIS, Florida 

ROBERT R. KING, Staff Director 

YLEEM POBLETE, Republican Staff Director 

DAVID S. ABRAMOWITZ, Chief Counsel 

LAURA RUSH, Professional Staff Member/Security Officer 

GENELL BROWN, Full Committee Hearing Coordinator 
(III)

C O N T E N T S 

Page

MARKUP OF 

H.R. 885, To support the establishment of an international regime for the 

assured supply of nuclear fuel for peaceful means and to authorize voluntary contributions to the International Atomic Energy Agency to support 

the establishment of an international nuclear fuel bank ................................. 2

Amendment in the nature of a substitute to H.R. 885 offered by the Honorable Tom Lantos, a Representative in Congress from the State of California, and Chairman, Committee on Foreign Affairs, and the Honorable 

Ileana Ros-Lehtinen, a Representative in Congress from the State of 

Florida ............................................................................................................... 14

H.R. 2446, To reauthorize the Afghanistan Freedom Support Act of 2002, 

and for other purposes ......................................................................................... 33

S. 676, To provide that the Executive Director of the Inter-American Development Bank or the Alternate Executive Director of the Inter-American Development Bank may serve on the Board of Directors of the Inter-American 

Foundation ............................................................................................................ 111

H. Con. Res. 21, Calling on the United Nations Security Council to charge 

Iranian President Mahmoud Ahmadinejad with violating the 1948 Convention on the Prevention and Punishment of the Crime of Genocide and 

the United Nations Charter because of his calls for the destruction of 

the State of Israel ................................................................................................ 113

Amendment in the nature of a substitute to H. Con. Res. 21 offered by 

the Honorable Tom Lantos and the Honorable Ileana Ros-Lehtinen .......... 118

H. Con. Res. 80, Calling on the Government of Uganda and the Lord’s 

Resistance Army (LRA) to recommit to a political solution to the conflict 

in northern Uganda and to recommence vital peace talks, and urging immediate and substantial support for the ongoing peace process from the United 

States and the international community ........................................................... 124

Amendment in the nature of a substitute to H. Con. Res. 80 offered by 

the Honorable Tom Lantos .............................................................................. 129

H. Con. Res. 151, Noting the disturbing pattern of killings of dozens of 

independent journalists in Russia over the last decade, and calling on 

Russian President Vladimir Putin to authorize cooperation with outside 

investigators in solving those murders .............................................................. 134

Amendment to H. Con. Res. 151 offered by the Honorable Christopher 

H. Smith, a Representative in Congress from the State of New Jersey ...... 138

H. Con. Res. 152, Relating to the 40th anniversary of the reunification of 

the City of Jerusalem ........................................................................................... 141

H. Res. 137, Honoring the life and six decades of public service of Jacob 

Birnbaum and especially his commitment freeing Soviet Jews from religious, cultural, and communal extinction .......................................................... 145

Amendment in the nature of a substitute to H. Res. 137 offered by the 

Honorable Tom Lantos ..................................................................................... 149

H. Res. 226, To recognize John Pehle for his contributions to the Nation 

in helping rescue Jews and other minorities from the Holocaust during 

World War II ........................................................................................................ 152

Amendment in the nature of a substitute to H. Res. 226 offered by the 

Honorable Lynn C. Woolsey, a Representative in Congress from the State 

of California ...................................................................................................... 157

H. Res. 233, Recognizing over 200 years of sovereignty of the Principality 

of Liechtenstein, and expressing support for efforts by the United States 

continue to strengthen its relationship with that country ............................... 162
Page

IV

Amendment in the nature of a substitute to H. Res. 233 offered by the 

Honorable Tom Lantos ..................................................................................... 166

H. Res. 295, Recognizing the strong alliance between the Republic of Korea 

and the United States and expressing appreciation to the Republic of Korea 

for its efforts in the global war against terrorism ............................................. 169

Amendment in the nature of a substitute to H. Res. 295 offered by the 

Honorable Tom Lantos ..................................................................................... 172

H. Res. 395, Supporting the ideals and values of the Olympic movement ......... 175

H. Res. 397, Condemning violence in Estonia and attacks on Estonia’s embassies in 2007, and expressing solidarity with the Government and the people 

of Estonia .............................................................................................................. 178

Amendment in the nature of a substitute to H. Res. 397 offered by the 

Honorable Tom Lantos ..................................................................................... 183

H. Res. 412, Expressing gratitude to Her Majesty Queen Elizabeth II and 

His Royal Highness, Prince Philip, Duke of Edinburgh, for their State 

Visit to the United States and reaffirming the friendship that exists between the United States and the United Kingdom ........................................... 187

Amendment to H. Res. 412 offered by the Honorable John Boozman, a 

Representative in Congress from the State of Arkansas .............................. 189

H. Res. 418, Recognizing and welcoming the delegation of Presidents, Prime 

Ministers, and Foreign Ministers from the Caribbean to Washington, D.C., 

and commending the Caribbean Community (CARICOM) for holding the 

Conference on the Caribbean .............................................................................. 190

H. Res. 422, Calling on the Government of the People’s Republic of China 

to use its unique influence and economic leverage to stop genocide and 

violence in Darfur, Sudan .................................................................................... 193

H. Res. 430, Calling on the Government of the Islamic Republic of Iran 

to immediately release Dr. Haleh Esfandiari .................................................... 201

Amendment in the nature of a substitute to H. Res. 430 offered by the 

Honorable Tom Lantos ..................................................................................... 205

H.R. 2420, To declare United States policy on international climate cooperation, to authorize assistance to promote clean and efficient energy technologies in foreign countries, and to establish the International Clean Energy Foundation ................................................................................................... 210

Amendments to H.R. 2420 offered by the Honorable Gene Green, a Representative in Congress from the State of Texas ........................................... 261

Amendment in the nature of a substitute to H.R. 2420 offered by the 

Honorable Donald A. Manzullo, a Representative in Congress from the 

State of Illinois ................................................................................................. 263

Amendments to H.R. 2420 offered by the Honorable Sheila Jackson Lee, 

a Representative in Congress from the State of Texas ................................. 291

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD 

APPENDIX 

The Honorable Sheila Jackson Lee, a Representative in Congress from the 

State of Texas: Prepared statements on H.R. 2420 and H. Res. 430 .............. 297
(1)

VARIOUS BILLS AND RESOLUTIONS 

WEDNESDAY, MAY 23, 2007

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON FOREIGN AFFAIRS, 

Washington, DC. 

The committee met, pursuant to notice, at 10:05, a.m., in room 

2172, Rayburn House Office Building, Hon. Tom Lantos (chairman 

of the committee) presiding. 

Chairman LANTOS. The hearing of the committee will come to 

order. 

Pursuant to notice, I call up the bill H.R. 885, the International 

Nuclear Fuel for Peace and Nonproliferation Act of 2007, for purposes of markup and move for favorable recommendation to the 

House. Without objection, the bill will be considered as read and 

open for amendment at any point, and the amendment in the nature of a substitute, which the members have before them, will be 

considered as read and be considered as the original text for purposes of amendment. 

[The information referred to follows:]
2

1

I

110TH CONGRESS

1ST SESSION H. R. 885

To support the establishment of an international regime for the assured

supply of nuclear fuel for peaceful means and to authorize voluntary

contributions to the International Atomic Energy Agency to support

the establishment of an international nuclear fuel bank.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 7, 2007

Mr. LANTOS (for himself, Mr. ACKERMAN, and Mr. SHERMAN) introduced the

following bill; which was referred to the Committee on Foreign Affairs

A BILL

To support the establishment of an international regime for

the assured supply of nuclear fuel for peaceful means

and to authorize voluntary contributions to the International Atomic Energy Agency to support the establishment of an international nuclear fuel bank.

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 AND TABLE OF CONTENTS.

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

5 ‘‘International Nuclear Fuel for Peace and Nonprolifera6 tion Act of 2007’’.
3

2

•HR 885 IH

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

2 this Act is as follows:

Sec. 1. Short title and table of contents.

TITLE I—INTERNATIONAL REGIME FOR THE ASSURED SUPPLY

OF NUCLEAR FUEL FOR PEACEFUL MEANS

Sec. 101. Findings.

Sec. 102. Sense of Congress.

Sec. 103. Statement of policy.

Sec. 104. Report.

TITLE II—INTERNATIONAL NUCLEAR FUEL BANK

Sec. 201. Voluntary contributions to the International Atomic Energy Agency.

Sec. 202. Authorization of appropriations.

3 TITLE I—INTERNATIONAL RE4 GIME FOR THE ASSURED SUP5 PLY OF NUCLEAR FUEL FOR

6 PEACEFUL MEANS

7 SEC. 101. FINDINGS.

8 Congress makes the following findings:

9 (1) Since the United States Baruch Plan of

10 1945, the United States has believed that an in11 crease in the number of countries that possess nu12 clear weapons and the means to create such weapons

13 makes the world less secure and stable by increasing

14 the chances that nuclear weapons would be used. A

15 world in which nuclear weapons are used again is

16 less secure for all concerned, and could well trigger

17 a global arms race, as more countries will be tempt18 ed to arm themselves with nuclear weapons to pre-
4

3

•HR 885 IH

1 vent attacks by countries that possess nuclear weap2 ons.

3 (2) It is therefore in the general security inter4 est of all countries, and in the vital national security

5 interest of the United States, that the number of

6 countries that possess a nuclear weapons capability

7 necessarily be kept to a minimum and ultimately re8 duced.

9 (3) Uranium enrichment and spent-fuel reproc10 essing facilities produce nuclear material that can ei11 ther be used for peaceful purposes in electricity-gen12 erating reactors, or can be used to produce uranium

13 and plutonium for nuclear weapons. As such, these

14 facilities are inherently a proliferation risk, allowing

15 their possessor to be just months away from the pro16 duction of a nuclear explosive device.

17 (4) It is also therefore in the general security

18 interest of all countries that the number of countries

19 that operate uranium enrichment and spent-fuel re20 processing facilities also be kept to a minimum, con21 sistent with the global demand for nuclear power re22 actor fuel.

23 (5) The financing and construction of addi24 tional uranium enrichment and spent-fuel reprocess25 ing facilities around the world is indefensible on eco-
5

4

•HR 885 IH

1 nomic grounds alone, given current and future sup2 plies of uranium and existing providers of uranium

3 enrichment and spent-fuel reprocessing services to

4 the world market.

5 (6) The desire to construct uranium enrichment

6 and spent-fuel reprocessing facilities by additional

7 countries, therefore, is often based upon consider8 ations other than economic calculations. The posses9 sion of such facilities is often elevated to a matter

10 of national pride—a demonstration to the world that

11 the country that possesses this technology has ar12 rived at a level of technological development com13 parable to that of the United States, the Russian

14 Federation, France, the United Kingdom, and the

15 People’s Republic of China.

16 (7) Furthermore, the acquisition of uranium en17 richment and spent-fuel reprocessing facilities can be

18 perceived as a demonstration of the developing

19 world’s independence from technological domination

20 by the more developed states. Article IV of the Trea21 ty on the Nonproliferation of Nuclear Weapons

22 (NPT) recognizes that State Parties have an ‘‘in23 alienable right . . . to develop research, production

24 and use of nuclear energy for peaceful purposes

25 without discrimination . . . in conformity’’ with the
6

5

•HR 885 IH

1 NPT’s obligation for such countries not to acquire,

2 possess, or develop nuclear weapons or nuclear ex3 plosive devices.

4 (8) Many countries have claimed that Article IV

5 of the NPT guarantees the right to develop a com6 plete nuclear fuel cycle, including uranium enrich7 ment and spent-fuel reprocessing facilities. It is also

8 commonly understood by many countries that this

9 right must never to be compromised nor surren10 dered, so long as the countries permitted by the

11 NPT to possess nuclear weapons—the United

12 States, the Russian Federation, France, the United

13 Kingdom, and the People’s Republic of China—con14 tinue to possess nuclear weapons, uranium enrich15 ment and spent-fuel reprocessing facilities, and other

16 related technologies.

17 (9) It has been long recognized that the pro18 liferation of national uranium enrichment and spent19 fuel reprocessing facilities would increase the likeli20 hood of the emergence of new nuclear weapon states.

21 Concerned governments, nongovernmental organiza22 tions, and individual experts have for decades recog23 nized the need to address this problem through mul24 tilateral assurances of the uninterrupted supply of

25 nuclear fuel, the sharing of peaceful application of
7

6

•HR 885 IH

1 nuclear energy, an international fuel bank to provide

2 fuel if the fuel supply to a country is disrupted, and

3 even multilateral participation in international ura4 nium enrichment and spent-fuel reprocessing facili5 ties, as a means of reducing incentives of countries

6 to develop and construct such facilities themselves.

7 (10) Until recently, such efforts have produced

8 little more than reports. However, the revelations of

9 a nuclear black-market in uranium enrichment tech10 nology and equipment, combined with the attempt

11 by North Korea and Iran to possess such technology

12 and equipment to provide the basis for nuclear

13 weapons programs, have rekindled this debate with

14 a new urgency.

15 (11) Iran has used the specter of a potentially

16 unreliable international supply of nuclear reactor

17 fuel as a pretext for developing its own uranium en18 richment and spent-fuel reprocessing capability,

19 which would enable Iran to also produce weapons20 grade uranium and plutonium for nuclear weapons.

21 (12) Several initiatives have been proposed over

22 the last year to address these concerns. The United

23 States has proposed the Global Nuclear Energy

24 Partnership (GNEP), which envisions a consortium

25 of countries with advanced nuclear capabilities pro-
8

7

•HR 885 IH

1 viding nuclear fuel services—fresh fuel and recovery

2 of used fuel—to other countries that agree to em3 ploy nuclear energy only for power generation pur4 poses, without possessing national uranium enrich5 ment and spent-fuel reprocessing facilities.

6 (13) The United States also joined France, the

7 Russian Federation, Germany, the United Kingdom,

8 and the Netherlands on May 31, 2006, in proposing

9 a ‘‘Concept for a Multilateral Mechanism for Reli10 able Access to Nuclear Fuel’’ that would create

11 agreements between nuclear fuel suppliers to provide

12 fuel to countries with good nonproliferation creden13 tials in case of market failure.

14 (14) The Russian Federation has proposed that

15 one of its uranium enrichment facilities be placed

16 under international management and oversight, as

17 part of a ‘‘Global Nuclear Power Infrastructure’’

18 proposal to create international nuclear fuel cycle

19 centers.

20 (15) In conclusion, the creation of a multi21 tiered system to assure the supply of nuclear reactor

22 fuel, under appropriate safeguards and conditions,

23 could reassure countries that are dependent upon or

24 will construct nuclear power reactors that they will

25 have an assured supply of nuclear fuel, so long as
9

8

•HR 885 IH

1 such countries forgo national uranium enrichment

2 and spent-fuel reprocessing facilities and are com3 mitted to the nonproliferation of nuclear weapons.

4 SEC. 102. SENSE OF CONGRESS.

5 It is the sense of Congress that—

6 (1) the ‘‘Concept for a Multilateral Mechanism

7 for Reliable Access to Nuclear Fuel’’, proposed by

8 the United States, France, the Russian Federation,

9 Germany, the United Kingdom, and the Netherlands

10 on May 31, 2006, is welcomed and should be ex11 panded upon at the earliest possible opportunity;

12 (2) the proposal by the Government of the Rus13 sian Federation to bring one of its uranium enrich14 ment facilities under international management and

15 oversight is also a welcome development and should

16 be encouraged by the United States;

17 (3) the offer by the Nuclear Threat Institute

18 (NTI) of $50,000,000 in funds to support the cre19 ation of an international nuclear fuel bank by the

20 International Atomic Energy Agency (IAEA) is also

21 welcomed, and the United States and other member

22 states of the IAEA should pledge collectively at least

23 an additional $100,000,000 in matching funds to

24 fulfill the NTI proposal; and
10

9

•HR 885 IH

1 (4) the governments, organizations, and experts

2 currently engaged in developing the initiatives de3 scribed in paragraphs (1) through (3) and other ini4 tiatives should also identify additional incentives to

5 be included in an international regime for the as6 sured supply of nuclear fuel for peaceful means, in7 cluding participation in non-weapons-relevant tech8 nology development, fuel financing, and other finan9 cial incentives to further persuade countries that

10 participation in such a multilateral arrangement far

11 outweighs the temptation and expense of developing

12 national uranium enrichment and plutonium reproc13 essing facilities.

14 SEC. 103. STATEMENT OF POLICY.

15 It is the policy of the United States to support the

16 establishment of an international regime for the assured

17 supply of nuclear fuel for peaceful means under multilat18 eral authority, such as the International Atomic Energy

19 Agency.

20 SEC. 104. REPORT.

21 Not later than 180 days after the date of the enact22 ment of this Act, the President shall transmit to the Com23 mittee on Foreign Affairs of the House of Representatives

24 and the Committee on Foreign Relations of the Senate

25 a report on the activities of the United States to support
11

10

•HR 885 IH

1 the establishment of an international regime for the as2 sured supply of nuclear fuel for peaceful means under mul3 tilateral authority, such as the International Atomic En4 ergy Agency. The report shall include an assessment of

5 the feasibility of establishing an international uranium en6 richment facility within the United States.

7 TITLE II—INTERNATIONAL

8 NUCLEAR FUEL BANK

9 SEC. 201. VOLUNTARY CONTRIBUTIONS TO THE INTER10 NATIONAL ATOMIC ENERGY AGENCY.

11 (a) VOLUNTARY CONTRIBUTIONS AUTHORIZED.—

12 The President is authorized to make voluntary contribu13 tions on a grant basis to the International Atomic Energy

14 Agency (hereinafter in this section referred to as the

15 ‘‘IAEA’’) for the purpose of supporting the establishment

16 of an international nuclear fuel bank to maintain a reserve

17 of low-enriched uranium for reactor fuel to provide to eligi18 ble countries in the case of a disruption in the supply of

19 reactor fuel by normal market mechanisms.

20 (b) REQUIREMENTS.—Voluntary contributions under

21 subsection (a) may be provided only if the President cer22 tifies to the Committee on Foreign Affairs of the House

23 of Representatives and the Committee on Foreign Rela24 tions of the Senate that—
12

11

•HR 885 IH

1 (1) the IAEA has received pledges in a total

2 amount of not less than $100,000,000 for the pur3 pose of supporting the establishment of the inter4 national nuclear fuel bank referred to in subsection

5 (a);

6 (2) the international nuclear fuel bank referred

7 to in subsection (a) will be established within the

8 territory of a non-nuclear weapon state and will be

9 under the oversight of the IAEA; and

10 (3) the international nuclear fuel bank referred

11 to in subsection (a) will provide nuclear reactor fuel

12 to a country only if—

13 (A) at the time of the request for nuclear

14 reactor fuel, the country is in full compliance

15 with its IAEA safeguards agreement and has

16 an additional protocol for safeguards in force;

17 (B) in the case of a country that at any

18 time prior to the request for nuclear reactor

19 fuel has been determined to be in noncompli20 ance with its IAEA safeguards agreement, the

21 IAEA Board of Governors determines that the

22 country has taken all necessary actions to sat23 isfy any concerns of the IAEA Director General

24 regarding the activities that led to the prior de25 termination of noncompliance;
13

12

•HR 885 IH

1 (C) the country agrees to use the nuclear

2 reactor fuel in accordance with its IAEA safe3 guards agreement; and

4 (D) the country does not operate uranium

5 enrichment or spent-fuel reprocessing facilities

6 of any scale.

7 SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

8 (a) IN GENERAL.—To carry out section 201, there

9 is authorized to be appropriated to the President

10 $50,000,000 for fiscal year 2008.

11 (b) AVAILABILITY OF APPROPRIATIONS.—Amounts

12 appropriated pursuant to the authorization of appropria13 tions under subsection (a) are authorized to remain avail14 able until September 30, 2010.

Æ
14

1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 885

OFFERED BY MR. LANTOS OF CALIFORNIA AND

MS. ROS-LEHTINEN OF FLORIDA

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

3 ‘‘International Nuclear Fuel for Peace and Nonprolifera4 tion Act of 2007’’.

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

6 this Act is as follows:

Sec. 1. Short title and table of contents.

TITLE I—INTERNATIONAL REGIME FOR THE ASSURED SUPPLY

OF NUCLEAR FUEL FOR PEACEFUL MEANS

Sec. 101. Findings.

Sec. 102. Sense of Congress.

Sec. 103. Statements of policy.

Sec. 104. Report.

TITLE II—INTERNATIONAL NUCLEAR FUEL BANK

Sec. 201. Voluntary contributions to the International Atomic Energy Agency.

Sec. 202. Authorization of appropriations.
15

2

H.L.C.

1 TITLE I—INTERNATIONAL RE2 GIME FOR THE ASSURED SUP3 PLY OF NUCLEAR FUEL FOR

4 PEACEFUL MEANS

5 SEC. 101. FINDINGS.

6 Congress makes the following findings:

7 (1) Since the United States Baruch Plan of

8 1946, the United States has believed that an in9 crease in the number of countries that possess nu10 clear weapons and the means to create such weapons

11 makes the world less secure and stable by increasing

12 the chances that nuclear weapons would be used. A

13 world in which nuclear weapons are used again is

14 less secure for all concerned, and could well trigger

15 a global arms race, as more countries will be tempt16 ed to arm themselves with nuclear weapons to pre17 vent attacks by countries that possess nuclear weap18 ons.

19 (2) It is therefore in the general security inter20 est of all countries, and in the vital national security

21 interest of the United States, that the number of

22 countries that possess a nuclear weapons capability

23 necessarily be kept to a minimum and ultimately re24 duced.
16

3

H.L.C.

1 (3) Uranium enrichment and spent-fuel reproc2 essing facilities produce nuclear material that can ei3 ther be used for peaceful purposes in electricity-gen4 erating reactors, or can be used to produce uranium

5 and plutonium for nuclear weapons. As such, these

6 facilities are inherently a proliferation risk, allowing

7 their possessor to be just months away from the pro8 duction of a nuclear explosive device.

9 (4) It is also therefore in the general security

10 interest of all countries that the number of countries

11 that operate uranium enrichment and spent-fuel re12 processing facilities also be kept to a minimum, con13 sistent with the global demand for nuclear power re14 actor fuel.

15 (5) The financing and construction of addi16 tional uranium enrichment and spent-fuel reprocess17 ing facilities in additional states around the world is

18 indefensible on economic grounds alone, given cur19 rent and future supplies of uranium and existing

20 providers of uranium enrichment and spent-fuel re21 processing services to the world market.

22 (6) The desire to construct uranium enrichment

23 and spent-fuel reprocessing facilities by additional

24 countries, therefore, is often based upon consider25 ations other than economic calculations. The posses-
17

4

H.L.C.

1 sion of such facilities is often elevated to a matter

2 of national pride—a demonstration to the world that

3 the country that possesses this technology has ar4 rived at a level of technological development com5 parable to that of the United States and other coun6 tries with advanced civil nuclear power programs.

7 (7) Furthermore, the acquisition of uranium en8 richment and spent-fuel reprocessing facilities can be

9 perceived as a demonstration of the developing

10 world’s independence from technological domination

11 by the more developed states. Article IV of the Trea12 ty on the Nonproliferation of Nuclear Weapons

13 (NPT) recognizes that State Parties have an ‘‘in14 alienable right . . . to develop research, production

15 and use of nuclear energy for peaceful purposes

16 without discrimination.’’. However, this is a qualified

17 right conditioned by a State Party’s acting in con18 formity with the NPT’s obligation for such countries

19 not to acquire, possess, or develop nuclear weapons

20 or nuclear explosive devices.

21 (8) It has been long recognized that the pro22 liferation of national uranium enrichment and spent23 fuel reprocessing facilities would increase the likeli24 hood of the emergence of new nuclear weapon states.

25 Concerned governments, nongovernmental organiza-
18

5

H.L.C.

1 tions, and individual experts have for decades recog2 nized the need to address this problem through mul3 tilateral assurances of the uninterrupted supply of

4 nuclear fuel, the sharing of peaceful application of

5 nuclear energy, an international fuel bank to provide

6 fuel if the fuel supply to a country is disrupted, and

7 even multilateral participation in international ura8 nium enrichment and spent-fuel reprocessing facili9 ties, as a means of reducing incentives of countries

10 to develop and construct such facilities themselves.

11 (9) Until recently, such efforts have produced

12 little more than reports. However, the revelations of

13 a nuclear black-market in uranium enrichment tech14 nology and equipment, combined with the attempt

15 by North Korea and Iran to possess such technology

16 and equipment to provide the basis for nuclear

17 weapons programs, have rekindled this debate with

18 a new urgency.

19 (10) Iran has used the specter of a potentially

20 unreliable international supply of nuclear reactor

21 fuel as a pretext for developing its own uranium en22 richment and spent-fuel reprocessing capability,

23 which would enable Iran to also produce weapons24 grade uranium and plutonium for nuclear weapons.
19

6

H.L.C.

1 (11) Several initiatives have been proposed over

2 the last year to address these concerns. The United

3 States has proposed the Global Nuclear Energy

4 Partnership (GNEP), which envisions a consortium

5 of countries with advanced nuclear capabilities pro6 viding nuclear fuel services—fresh fuel and recovery

7 of used fuel—to other countries that agree to em8 ploy nuclear energy only for power generation pur9 poses, without possessing national uranium enrich10 ment and spent-fuel reprocessing facilities.

11 (12) The United States also joined France, the

12 Russian Federation, Germany, the United Kingdom,

13 and the Netherlands on May 31, 2006, in proposing

14 a ‘‘Concept for a Multilateral Mechanism for Reli15 able Access to Nuclear Fuel’’ that would facilitate or

16 create new arrangements between suppliers and re17 cipients to provide fuel to countries with good non18 proliferation credentials in case of market failure.

19 (13) Any assurance of the supply of nuclear

20 fuel should meet the condition outlined by President

21 George W. Bush on February 11, 2004, that ‘‘The

22 world’s leading nuclear exporters should ensure that

23 states have reliable access at reasonable cost to fuel

24 for civilian reactors, so long as those states renounce

25 enrichment and reprocessing.’’.
20

7

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1 (14) The Russian Federation has proposed that

2 one of its uranium enrichment facilities be placed

3 under international management and oversight, as

4 part of a ‘‘Global Nuclear Power Infrastructure’’

5 proposal to create international nuclear fuel cycle

6 centers.

7 (15) In conclusion, the creation of a multi8 tiered system to assure the supply of nuclear reactor

9 fuel at current market prices, under appropriate

10 safeguards and conditions, could reassure countries

11 that are dependent upon or will construct nuclear

12 power reactors that they will have an assured supply

13 of nuclear fuel at current market prices, so long as

14 such countries forgo national uranium enrichment

15 and spent-fuel reprocessing facilities and are com16 mitted to the nonproliferation of nuclear weapons.

17 SEC. 102. SENSE OF CONGRESS.

18 It is the sense of Congress that—

19 (1) the ‘‘Concept for a Multilateral Mechanism

20 for Reliable Access to Nuclear Fuel’’, proposed by

21 the United States, France, the Russian Federation,

22 Germany, the United Kingdom, and the Netherlands

23 on May 31, 2006, is welcomed and should be ex24 panded upon at the earliest possible opportunity;
21

8

H.L.C.

1 (2) the proposal by the Government of the Rus2 sian Federation to bring one of its uranium enrich3 ment facilities under international management and

4 oversight is also a welcome development and should

5 be encouraged by the United States;

6 (3) the offer by the Nuclear Threat Institute

7 (NTI) of $50,000,000 in funds to support the cre8 ation of an international nuclear fuel bank by the

9 International Atomic Energy Agency (IAEA) is also

10 welcomed, and the United States and other member

11 states of the IAEA should pledge collectively at least

12 an additional $100,000,000 in matching funds to

13 fulfill the NTI proposal; and

14 (4) the governments, organizations, and experts

15 currently engaged in developing the initiatives de16 scribed in paragraphs (1) through (3) and other ini17 tiatives should seek to identify additional incentives

18 to be included in an international regime for the as19 sured supply of nuclear fuel for peaceful means at

20 current market prices, including participation in

21 non-weapons-relevant technology development and

22 fuel leasing to further persuade countries that par23 ticipation in such a multilateral arrangement far

24 outweighs the temptation and expense of developing
22

9

H.L.C.

1 national uranium enrichment and plutonium reproc2 essing facilities.

3 SEC. 103. STATEMENTS OF POLICY.

4 (a) GENERAL STATEMENT OF POLICY.—It is the pol5 icy of the United States to support the establishment of

6 an international regime for the assured supply of nuclear

7 fuel for peaceful means under multilateral authority, such

8 as the International Atomic Energy Agency.

9 (b) ADDITIONAL STATEMENT OF POLICY.—It is fur10 ther the policy of the United States to—

11 (1) oppose the development of a capability to

12 produce nuclear weapons by any non-nuclear weapon

13 state, within or outside of the Treaty on the Non14 Proliferation of Nuclear Weapons (21 UST 483;

15 commonly referred to as the ‘‘Nuclear Non-Pro16 liferation Treaty’’ or the ‘‘NPT’’);

17 (2) encourage states party to the NPT to inter18 pret the right to ‘‘develop research, production and

19 use of nuclear energy for peaceful purposes,’’ as de20 scribed in Article IV of the NPT, as being a quali21 fied right that is conditioned by the overall purpose

22 of the NPT to prevent the spread of nuclear weap23 ons and nuclear weapons capability, including by re24 fraining from all nuclear cooperation with any state

25 party that has not demonstrated that it is in full
23

10

H.L.C.

1 compliance with its NPT obligations, as determined

2 by the International Atomic Energy Agency; and

3 (3) strengthen the Nuclear Suppliers Group

4 guidelines concerning consultation by members re5 garding violations of supplier and recipient under6 standings by instituting the practice of a timely and

7 coordinated response by Nuclear Suppliers Group

8 members to all such violations, including termination

9 of nuclear transfers to an involved recipient, that

10 discourages individual Nuclear Suppliers Group

11 members from continuing cooperation with such re12 cipient until such time as a consensus regarding a

13 coordinated response has been achieved.

14 SEC. 104. REPORT.

15 Not later than 180 days after the date of the enact16 ment of this Act, the President shall transmit to the Com17 mittee on Foreign Affairs of the House of Representatives

18 and the Committee on Foreign Relations of the Senate

19 a report on the activities of the United States to support

20 the establishment of an international regime for the as21 sured supply of nuclear fuel for peaceful means at current

22 market prices under multilateral authority, such as the

23 International Atomic Energy Agency. The report shall in24 clude an assessment of the feasibility of establishing an

25 international fuel services center within the United States.
24

11

H.L.C.

1 TITLE II—INTERNATIONAL

2 NUCLEAR FUEL BANK

3 SEC. 201. VOLUNTARY CONTRIBUTIONS TO THE INTER4 NATIONAL ATOMIC ENERGY AGENCY.

5 (a) VOLUNTARY CONTRIBUTIONS AUTHORIZED.—

6 The President is authorized to make voluntary contribu7 tions on a grant basis to the International Atomic Energy

8 Agency (hereinafter in this section referred to as the

9 ‘‘IAEA’’) for the purpose of supporting the establishment

10 of an international nuclear fuel bank to maintain a reserve

11 of low-enriched uranium for reactor fuel to provide to eligi12 ble countries in the case of a disruption in the supply of

13 reactor fuel by normal market mechanisms.

14 (b) REQUIREMENTS.—Voluntary contributions under

15 subsection (a) may be provided only if the President cer16 tifies to the Committee on Foreign Affairs of the House

17 of Representatives and the Committee on Foreign Rela18 tions of the Senate that—

19 (1) the IAEA has received pledges in a total

20 amount of not less than $100,000,000 and is in re21 ceipt of not less than $75,000,000 of such pledges

22 for the purpose of supporting the establishment of

23 the international nuclear fuel bank referred to in

24 subsection (a);
25

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H.L.C.

1 (2) the international nuclear fuel bank referred

2 to in subsection (a) will be established within the

3 territory of a non-nuclear weapon state, and will be

4 under the oversight of the IAEA, only if—

5 (A) the non-nuclear weapon state, among

6 other things—

7 (i) has a full scope safeguards agree8 ment with the IAEA and an additional

9 protocol for safeguards in force;

10 (ii) has never been determined by the

11 IAEA Board of Governors to be in non12 compliance with its IAEA full scope safe13 guards agreement and its additional pro14 tocol for safeguards; and

15 (iii) has effective enforceable export

16 controls regarding nuclear and dual-use

17 nuclear technology and other sensitive ma18 terials comparable to those maintained by

19 the United States; and

20 (B) the Secretary of State has never deter21 mined, for purposes of section 6(j) of the Ex22 port Administration Act of 1979, section 620A

23 of the Foreign Assistance Act of 1961, section

24 40 of the Arms Export Control Act, or any

25 other provision of law, that the government of
26

13

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1 the non-nuclear weapon state has repeatedly

2 provided support for acts of international ter3 rorism;

4 (3) the international nuclear fuel bank referred

5 to in subsection (a) will provide nuclear reactor fuel

6 to a country only if, at the time of the request for

7 nuclear reactor fuel—

8 (A) the country is in full compliance with

9 its IAEA safeguards agreement and has an ad10 ditional protocol for safeguards in force;

11 (B) in the case of a country that at any

12 time prior to the request for nuclear reactor

13 fuel has been determined to be in noncompli14 ance with its IAEA safeguards agreement, the

15 IAEA Board of Governors determines that the

16 country has taken all necessary actions to sat17 isfy any concerns of the IAEA Director General

18 regarding the activities that led to the prior de19 termination of noncompliance;

20 (C) the country agrees to use the nuclear

21 reactor fuel in accordance with its IAEA safe22 guards agreement;

23 (D) the country has effective and enforce24 able export controls regarding nuclear and dual25 use nuclear technology and other sensitive ma-
27

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H.L.C.

1 terials comparable to those maintained by the

2 United States;

3 (E) the country does not possess uranium

4 enrichment or spent-fuel reprocessing facilities

5 of any scale; and

6 (F) the government of the country is not

7 a state sponsor of terrorism for purposes of sec8 tion 6(j) of the Export Administration Act of

9 1979, section 620A of the Foreign Assistance

10 Act of 1961, section 40 of the Arms Export

11 Control Act, or any other provision of law;

12 (4) the international nuclear fuel bank referred

13 to in subsection (a) will not contain uranium enrich14 ment or spent-fuel reprocessing facilities; and

15 (5) the nuclear reactor fuel referred to in para16 graph (3) will be provided to a country referred to

17 in such paragraph only at current market prices.

18 (c) WAIVER.—The President may waive the require19 ment of subparagraph (F) of subsection (b)(3) if the

20 President—

21 (1) determines that it is important to the na22 tional security interests of the United States to do

23 so; and

24 (2) transmits to the Committee on Foreign Af25 fairs of the House of Representatives and the Com-
28

15

H.L.C.

1 mittee on Foreign Relations of the Senate a report

2 that contains the basis of the determination under

3 paragraph (1).

4 (d) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to authorize voluntary contribu6 tions under subsection (a) to support subsidization of the

7 price of nuclear reactor fuel whose supply would be as8 sured by the United States, the IAEA, or any other state

9 or international entity covered by this section.

10 SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

11 (a) IN GENERAL.—To carry out section 201, there

12 is authorized to be appropriated to the President

13 $50,000,000 for fiscal year 2008.

14 (b) AVAILABILITY OF APPROPRIATIONS.—Amounts

15 appropriated pursuant to the authorization of appropria16 tions under subsection (a) are authorized to remain avail17 able until September 30, 2010.
29

Chairman LANTOS. The chair recognizes himself to explain the 

bill. 

I am very pleased that we are marking up today H.R. 885, the 

International Nuclear Fuel for Peace and Nonproliferation Act of 

2007. I am honored that both our Secretary of State, Condoleezza 

Rice, and former Senator Sam Nunn—who has perhaps done more 

to advance the cause of nuclear nonproliferation than anyone else—

have embraced this bill and that the administration is on record 

supporting it. 

I am also very pleased that our distinguished ranking member, 

Ileana Ros-Lehtinen, has joined with me in supporting this effort. 

We will be co-sponsoring an amendment in the nature of a substitute to improve this bill. 

The United States Congress knows full well that Tehran is actively pursuing a destabilizing nuclear weapons program. But in 

many other rogue capitals, policymakers seem persuaded by Iran’s 

argument that it needs access to a reliable nuclear fuel supply to 

meet its civilian power needs. We all know that Iran’s argument 

is bogus, but Tehran has used the illusory sect of a breakdown in 

the global supply of nuclear reactor fuel to argue that it must have 

its own facilities to guarantee that its reactors for the foreseeable 

future—all two of them—are forever supplied with fuel. 

The Iranian pretext has long been recognized as a gap in the 

global nuclear nonproliferation regime. Its state could exploit the 

NPT’s recognition of its good standing to develop peaceful uses of 

the atom and acquire potentially dangerous technology, such as 

uranium enrichment. It could then turn around and use the technology to support the nuclear weapons program. 

The International Nuclear Fuel for Peace and Nonproliferation 

Act both addresses this gap in the nuclear nonproliferation regime, 

and it removes Iran’s pretext for its own so-called ‘‘peaceful enrichment plant.’’ It does so by promoting the development of a multilateral regime of a short supply of peaceful nuclear power fuel to 

countries in good standing on their nuclear nonproliferation commitments. It also supports the establishment of an independent 

international nuclear fuel bank that would guarantee reactor fuel 

to countries that forego their own enrichment plants and are in 

good standing with existing international nuclear safeguard commitments. This assures that states are using the fuel for energy 

production, not for weapons programs. 

H.R. 885 also authorizes $50 million to support the establishment of an IAEA supervised international nuclear fuel bank. This 

money will match the $50 million offered by Warren Buffet to the 

same non-nuclear threat initiative. It is imperative that we keep 

nuclear weapons out of the hands of Iran and provide a source of 

nuclear fuel for peaceful ends to countries that are currently flirting with nuclear development programs. 

So I urge all of my colleagues to support this legislation and the 

bipartisan Lantos/Ros-Lehtinen substitute amendment. 

I yield to my friend from Florida, the ranking member of the 

committee, who has co-sponsored the amendment in the nature of 

a substitute. 

Ms. ROS-LEHTINEN. Thank you so much, Mr. Chairman. 
30

It is a pleasure to work with you and with your staff, and I want 

to thank you for always being gracious to the Republican members 

of the committee with the changes and suggestions that we have. 

Before I make some brief opening remarks, I would like to recognize our former colleague, our esteemed former member of this 

committee, Congressman Douglas Bereuter, who is now the president of the Asia Foundation. Doug, it is good to see you back. You 

always worked in a wonderfully bipartisan way, and we miss him 

in these corners. 

So, thank you, Mr. Chairman, for introducing this most important legislation on the establishment of an international nuclear 

fuel bank. It will prove to be a significant advance in the effort to 

prevent the further proliferation of the capacity to produce nuclear 

weapons. I have offered a number of changes to the bill which the 

chairman has graciously agreed to incorporate into the amendment 

in the nature of a substitute, of which, as he pointed out, I am a 

co-sponsor. These changes represent important elements of an effective nonproliferation policy that have received far too little attention. 

The first concerns the assumed right of countries to enrich and 

repossess nuclear fuel. Despite widespread recognition that the 

continued expansion of this capacity poses a growing threat to the 

United States’ national security and to that of the entire world, efforts to prevent it are undermined by the widespread belief that 

Article IV of the Nuclear Nonproliferation Treaty, or the NPT, 

gives each signatory country an absolute right to enrich and repossess. This assertion has been made for so long and so often, including by some of the most ardent opponents of proliferation, that it 

has come to be looked upon by many as holy writ, but a fair reading of Article IV clearly conditions this right on its conformity with 

Articles I and II as well as the overarching purpose of the entire 

treaty, namely, preventing the spread of nuclear weapons. 

Given that the technology for making nuclear material for civil 

reactors and bombs is essentially the same, is it too great a burden 

and too high a risk for the world to disprove claims by suspect governments that this technology is being used exclusively for civilian 

use? The burden is too high. If we are truly committed to preventing the further expansion of enrichment and repossession, then 

the U.S. policy must be to openly state that no such absolute right 

exists, and we must work to ensure that this approach is adopted 

by our allies and all who are opposed to further proliferation. And 

this bill that the chairman has does precisely that. 

A second set of changes prevents state sponsors of terrorism from 

hosting a nuclear fuel bank or receiving anything from it. As such, 

the bill seeks to ensure that United States policy does not contribute to Iran’s nuclear efforts, whether civilian or military. I am 

grateful that we have been able to agree on language that incorporates this essential provision into the bill while preserving the 

overarching and important objectives of the chairman’s nuclear fuel 

bank proposal. 

A further requirement for both host and recipient states is that 

they have in place effective and enforceable export controls regarding nuclear and dual-use technology and other sensitive materials 

comparable to those of the United States. 
31

An additional restriction is that countries seeking assistance 

from a fuel bank may not possess enrichment or repossessing facilities. Guaranteeing a supply of fuel to states while allowing them 

to start and stop at will their operation of suspect facilities will do 

little to halt the spread of this technology and will, perhaps, even 

encourage it. 

The final set of changes would ensure that fuel to be made available by the bank will be unsubsidized and offered at current market prices. Although well-intentioned, the temptation to persuade 

countries to forego establishing their own enrichment and repossessing capabilities by subsidizing nuclear fuel would have many 

negative consequences. These would range from imposing an openended financial burden on the United States and other countries to 

encouraging the expansion of nuclear power beyond that which is 

economically rational. An international nuclear fuel bank is a complex issue requiring in-depth investigation and discussion. Adoption of this bill as amended by the substitute before us will help 

drive further discussions on nuclear fuel bank. 

I thank the chairman for the changes. I thank him for offering 

this amendment and this bill before us today. 

Thank you, Mr. Chairman. 

Chairman LANTOS. Thank you very much. 

I think a number of colleagues may want to say a few words. I 

have been asked to recognize Mr. Royce. 

Mr. ROYCE. I thank you, Mr. Chairman. 

Though it is a concept that has been around for some time, I 

think an international fuel bank is a bold proposal, and I think, 

given the proliferation challenges we face, bold is what we need. I 

think fuel bank proposals, though, face some challenges. We heard 

a little bit about some of those challenges during the hearings that 

we held last week. Overall, though, the concept is worth pursuing, 

and I certainly commend you, Mr. Chairman, for pursuing it. I 

want to thank the chairman and the ranking member for incorporating two amendments that I put forth. 

One addresses the concern that a fuel bank could subsidize nuclear fuel and nuclear energy worldwide, and with that, of course, 

would be the attendant security risk. So, when you subsidize something, you get more of it. 

The other addresses the concern that a fuel bank would pose, in 

and of itself, a proliferation risk if it became an enrichment and a 

reprocessing center that had the impact of disseminating this technology. When you think about it, A.Q. Khan stole technology from 

a multinational enrichment center. So guarding against such opportunists, given what he was able to do with his black market and 

nuclear proliferation, is going to be essential. 

This bill challenges the alleged right of nations under the NPT 

to enrich and reprocess nuclear fuel, though not in as forceful 

terms as I would wish. I know the bill’s authors reject this right, 

and as this process evolves, I am hoping that we can work together 

to undermine the notion that a country can develop technology to 

bring it to the cusp of being a nuclear weapons state yet remain 

in good standing as a member under the NPT. 

So, thank you again, Mr. Chairman, for your efforts here. 

Chairman LANTOS. Thank you very much. 
32

Mr. Ackerman. 

Mr. ACKERMAN. No statement, Mr. Chairman. 

Chairman LANTOS. Is there any other colleague who would like 

to be heard? If not, are there any amendments? 

If not, the question occurs on the amendment in the nature of a 

substitute, as amended. All in favor, indicate by saying, aye. All opposed, no. The ayes have it, and the amendment is agreed to. 

Further proceedings on this measure are postponed until the 

chair notes the presence of a reporting quorum. 

Pursuant to notice, I call up the bill H.R. 2446, the Afghanistan 

Freedom and Security Support Act of 2007, for the purposes of 

markup and to move its favorable recommendation to the House. 

Without objection, the bill will be considered as read and open for 

amendment at any point. 

[H.R. 2446 follows:]
33
34

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Sec. 3. Definition.

TITLE I—ECONOMIC AND DEMOCRATIC DEVELOPMENT

ASSISTANCE FOR AFGHANISTAN

Sec. 101. Declaration of policy.

Sec. 102. Purposes of assistance.

Sec. 103. Authorization of assistance.

Sec. 104. Certification and phased-in limitation on economic and democratic development assistance.

Sec. 105. Monitoring and evaluation of assistance.

Sec. 106. Coordination of assistance.

Sec. 107. Pilot program to provide scholarships to Afghan students for public

policy internships in the United States.

Sec. 108. Authorization of appropriations.

Sec. 109. Clerical amendment.

TITLE II—ASSISTANCE FOR A NEW SECURITY FRAMEWORK FOR

AFGHANISTAN

Subtitle A—Amendments to the Afghanistan Freedom Support Act of 2002

Sec. 201. Authorization of assistance.

Sec. 202. Congressional notification requirements.

Sec. 203. Matters relating to the International Security Assistance Force.

Sec. 204. Sunset.

Subtitle B—Other Matters

Sec. 211. Counter-narcotics activities in Afghanistan.

Sec. 212. Expansion of international contributions to the security of Afghanistan.

Sec. 213. Training for military personnel of foreign countries that are to be deployed for security operations in Afghanistan.

Sec. 214. Humanitarian assistance for war victims.

Sec. 215. Sense of Congress concerning United Nations mandate in Afghanistan.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. Donor contributions to Afghanistan and reports.

Sec. 302. Report on progress toward security and stability in Afghanistan.

Sec. 303. Comprehensive interagency strategy for long-term security and stability in Afghanistan.

Sec. 304. Special envoy for Afghanistan-Pakistan cooperation.

Sec. 305. Transit through Pakistan of shipments by India in support of reconstruction efforts in Afghanistan.

Sec. 306. Reauthorization of Radio Free Afghanistan.

1 SEC. 2. FINDINGS.

2 Congress makes the following findings:

3 (1) Nearly six years after the liberation of Af4 ghanistan from the Taliban, who provided Osama
35

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H.L.C.

1 Bin-Laden and Al-Qaeda with a safe haven for plan2 ning the attacks of September 11, 2001, Afghani3 stan remains highly unstable and the Government of

4 President Hamid Karzai remains subject to attacks

5 from remnants of the Taliban who have regrouped

6 along with other insurgent groups, including some

7 foreign fighters associated with Al-Qaeda.

8 (2) The Government of Afghanistan supports

9 the continued deployment of international forces to

10 supplement its own nascent national security forces,

11 and the North Atlantic Treaty Organization

12 (NATO), which took over international stability op13 erations for the entire country on October 5, 2006,

14 must show continued commitment to these oper15 ations in order to assist Afghanistan in defeating the

16 growing insurgency in rural areas of Afghanistan.

17 (3) The current United States counter-narcotics

18 strategy for Afghanistan has not produced signifi19 cant results, in part due to a failure to seek out and

20 capture high-level warlords and kingpins who control

21 the flow of illicit narcotics and because sufficient

22 sustainable alternatives have not been provided to

23 Afghan farmers who suffer from a lack of access to

24 microfinance facilities, financial services, and land

25 rights and whose crops are subject to eradication.
36

4

H.L.C.

1 (4) In some cases, the misaligned eradication

2 policy endorsed by the United States Government

3 has led adversely-affected Afghan farmers and vil4 lagers to support insurgent groups, including the

5 Taliban.

6 (5) The violence and instability in Afghanistan

7 is further exacerbated by the flourishing trade in

8 opium and opium-related crops, which has reached

9 record levels and which fuel local militias, corrupts

10 the national and local governments, and provides

11 funding for insurgent and terrorist groups.

12 (6) The United States and the international

13 community must continue to support Afghanistan

14 both through increased support for its national and

15 local police forces, the Afghan National Army, and

16 Afghan counter-narcotics operations.

17 (7) The United States and the international

18 community must also continue to support the growth

19 of the Afghan economy through foreign assistance

20 and other means because Afghanistan remains one

21 of the poorest countries in the world and economic

22 growth is impeded by the lingering remnants of 25

23 years of civil war and occupation and the ongoing in24 stability since December 2001, including the growing

25 illicit drug economy.
37

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H.L.C.

1 (8) The United States and the international

2 community must also continue to show a long-term

3 commitment to support the promotion of democracy

4 and the protection of human rights in Afghanistan,

5 including increased assistance for the rule of law,

6 freedom of the press, freedom of association, free7 dom of religion, and other measures of good govern8 ance.

9 (9) From January 31 to February 1, 2006, the

10 Government of Afghanistan and the international

11 community issued the Afghanistan Compact, which

12 sets forth both the international community’s com13 mitment to Afghanistan and Afghanistan’s commit14 ment to state-building and reform over the next five

15 years.

16 (10) The Afghanistan Compact, which supports

17 the Afghan National Development Strategy, provides

18 a strategy for building an effective, accountable state

19 in Afghanistan, with goals and standards set forth

20 in the Afghanistan Compact for improvements in se21 curity, governance, and development, including

22 measures for reducing the narcotics economy, pro23 moting regional cooperation, and making aid more

24 effective. The Afghanistan Compact also established

25 a mechanism to monitor Afghanistan and the inter-
38

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H.L.C.

1 national community’s adherence to the timelines,

2 goals, and objectives set forth in the document.

3 (11) The security of Afghanistan is closely

4 intertwined with those of its regional neighbors and

5 success in Afghanistan, both economic and political,

6 will be dependent on security and stability in the re7 gion.

8 (12) The recent closure of four refugee camps

9 in Pakistan and the deportation of Afghans from

10 Iran have resulted in over 200,000 Afghan refugees

11 repatriating to Afghanistan who will require urgent

12 humanitarian services.

13 SEC. 3. DEFINITION.

14 (a) IN GENERAL.—In this Act, except as otherwise

15 provided, the term ‘‘appropriate congressional commit16 tees’’ means the Committee on Foreign Affairs of the

17 House of Representatives and the Committee on Foreign

18 Relations of the Senate.

19 (b) AMENDMENT.—Subsection (c) of section 1 of the

20 Afghanistan Freedom Support Act of 2002 (22 U.S.C.

21 7501 note) is amended to read as follows:

22 ‘‘(c) DEFINITIONS.—In this Act:

23 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—Except as otherwise provided, the term ‘ap25 propriate congressional committees’ means—
39

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1 ‘‘(A) the Committee on Foreign Affairs

2 and the Committee on Appropriations of the

3 House of Representatives; and

4 ‘‘(B) the Committee on Foreign Relations

5 and the Committee on Appropriations of the

6 Senate.

7 ‘‘(2) GOVERNMENT OF AFGHANISTAN.—The

8 term ‘Government of Afghanistan’ includes—

9 ‘‘(A) the government of any political sub10 division of Afghanistan; and

11 ‘‘(B) any agency or instrumentality of the

12 Government of Afghanistan.

13 ‘‘(3) INTERNATIONAL SECURITY ASSISTANCE

14 FORCE OR ISAF.—The term ‘International Security

15 Assistance Force’ or ‘ISAF’ means the international

16 security assistance force established to assist in the

17 maintenance of security in Afghanistan pursuant to

18 United Nations Security Council Resolution 1386

19 (2001), as amended by United Nations Security

20 Council Resolutions 1413 (2002), 1444 (2002),

21 1510 (2003), 1563 (2004), 1623 (2005), and 1707

22 (2006).’’.
40

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1 TITLE I—ECONOMIC AND DEMO2 CRATIC DEVELOPMENT AS3 SISTANCE FOR AFGHANISTAN

4 SEC. 101. DECLARATION OF POLICY.

5 Section 101 of the Afghanistan Freedom Support Act

6 of 2002 (22 U.S.C. 7511) is amended by striking para7 graphs (4), (5), and (6) and inserting the following new

8 paragraphs:

9 ‘‘(4) While the election of a President and the

10 establishment of a National Parliament for Afghani11 stan concluded the process begun in December 5,

12 2001, in Bonn, Germany, the United States needs to

13 continue to work with the Government of Afghani14 stan and other friendly countries to ensure that Af15 ghanistan’s neighboring countries and other coun16 tries in the region do not threaten or interfere in one

17 another’s sovereignty, territorial integrity, or polit18 ical independence, including supporting diplomatic

19 initiatives to support this goal for the establishment

20 of an independent and neutral Afghanistan.

21 ‘‘(5) The United States must continue to dem22 onstrate a long-term commitment to the people of

23 Afghanistan by sustained assistance and the contin24 ued deployment of United States troops in Afghani25 stan with the support of the Government of Afghani-
41

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H.L.C.

1 stan as Afghanistan continues on its path toward a

2 broad-based, multi-ethnic, gender-sensitive, and fully

3 representative government in Afghanistan.

4 ‘‘(6) To foster stability and democratization

5 and to effectively eliminate the causes of terrorism,

6 the United States and the international community

7 should also support efforts that advance the develop8 ment of democratic civil authorities and institutions

9 in Afghanistan’s neighboring countries and through10 out the Central Asia and South Asia regions.

11 ‘‘(7) While rampant corruption has impeded de12 velopment and economic growth in Afghanistan and

13 contributed to insecurity in the country, the United

14 States should support all efforts to fight corruption

15 in all levels of government in Afghanistan and assist

16 in promoting an efficient and effective Government

17 of Afghanistan.’’.

18 SEC. 102. PURPOSES OF ASSISTANCE.

19 Section 102 of the Afghanistan Freedom Support Act

20 of 2002 (22 U.S.C. 7512) is amended—

21 (1) in paragraph (2), by striking ‘‘the humani22 tarian crisis’’ and inserting ‘‘the continuing humani23 tarian needs’’;

24 (2) in paragraph (3)—
42

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H.L.C.

1 (A) by striking ‘‘heroin, and to’’ and in2 serting ‘‘heroin, to’’; and

3 (B) by adding at the end before the semi4 colon the following: ‘‘, and to establish a pilot

5 program to test the effectiveness of a crop sub6 stitution combined with an appropriate offset

7 policy and to provide practical information on

8 the measures needed to implement such a policy

9 with the potential of scaling up the pilot pro10 gram for large-scale deployment’’; and

11 (3) in paragraph (7), by inserting ‘‘, the energy

12 sector’’ after ‘‘the agriculture sector’’.

13 SEC. 103. AUTHORIZATION OF ASSISTANCE.

14 (a) CONTINUING HUMANITARIAN NEEDS.—Sub15 section (a)(1) of section 103 of the Afghanistan Freedom

16 Support Act of 2002 (22 U.S.C. 7513) is amended—

17 (1) in the heading, by striking ‘‘URGENT’’ and

18 inserting ‘‘CONTINUING’’; and

19 (2) in the matter preceding subparagraph (A),

20 by striking ‘‘urgent’’ and inserting ‘‘continuing’’.

21 (b) COUNTER-NARCOTICS EFFORTS.—Subsection

22 (a)(3) of such section is amended—

23 (1) in the matter preceding clause (i) of sub24 paragraph (A)—
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11

H.L.C.

1 (A) by striking ‘‘To assist in’’ and insert2 ing ‘‘To assist in the apprehension of individ3 uals who organize, facilitate, and profit from

4 the drug trade,’’; and

5 (B) by inserting ‘‘, including the destruc6 tion of drug laboratories’’ after ‘‘heroin produc7 tion’’;

8 (2) by redesignating subparagraph (B) as sub9 paragraph (C);

10 (3) by inserting after subparagraph (A) the fol11 lowing new subparagraph:

12 ‘‘(B) To establish a pilot program to test the

13 effectiveness of a crop substitution combined with an

14 appropriate offset to encourage legitimate alter15 natives to poppy production for Afghan poppy farm16 ers within an area in which poppy production is

17 prevalent, such as in the Helmand or Nangarhar

18 provinces, by providing—

19 ‘‘(i) seeds for alternative crops for which

20 there is internal market demand and in an

21 areas in which there is adequate infrastructure

22 for access to market;

23 ‘‘(ii) technical assistance to such Afghan

24 poppy farmers on how to best plant, grow, and

25 harvest the alternative crops utilized; and
44

12

H.L.C.

1 ‘‘(iii) an appropriate offset that would sig2 nificantly address the difference in income that

3 such Afghan poppy farmers would otherwise

4 earn had they continued to grow and sell

5 poppy.’’;

6 (4) in subparagraph (C) (as redesignated)—

7 (A) by striking ‘‘(B)’’ and inserting

8 ‘‘(B)(i)’’;

9 (B) by striking ‘‘2003 through 2006’’ and

10 inserting ‘‘2008 through 2010’’;

11 (C) by striking the last sentence; and

12 (D) by adding at the end the following new

13 clauses:

14 ‘‘(ii) For each of the fiscal years 2008

15 through 2010, $10,000,000 is authorized to be

16 appropriated to the President to carry out ac17 tivities described in subparagraph (B).

18 ‘‘(iii) Amounts made available under

19 clauses (i) and (ii) are in addition to amounts

20 otherwise available for such purposes.’’; and

21 (5) by adding at the end the following new sub22 paragraph:

23 ‘‘(D) Not later than 180 days after the date of

24 the enactment of the Afghanistan Freedom and Se25 curity Support Act of 2007, and every 180 days
45

13

H.L.C.

1 thereafter through the end of fiscal year 2010, the

2 President shall transmit to the appropriate congres3 sional committees a report on the status of the im4 plementation of the activities described in subpara5 graph (B). The report required by this subparagraph

6 may be included in the report required by section

7 304 of this Act.’’.

8 (c) REESTABLISHMENT OF FOOD SECURITY, REHA9 BILITATION OF THE AGRICULTURE SECTOR, IMPROVE10 MENT IN HEALTH CONDITIONS, AND THE RECONSTRUC11 TION OF BASIC INFRASTRUCTURE.—Subsection (a)(4) of

12 such section is amended—

13 (1) by striking subparagraph (B) and inserting

14 the following new subparagraph:

15 ‘‘(B) increased access to credit, savings,

16 and other financial services and to farm man17 agement and business advisory services;’’;

18 (2) by redesignating subparagraphs (K), (L),

19 and (M) as subparagraphs (M), (N), and (O), re20 spectively;

21 (3) by inserting after subparagraph (J) the fol22 lowing new subparagraphs:

23 ‘‘(K) programs to train medical personnel,

24 including doctors, nurses, physicians’ assistants,

25 and midwives;
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14

H.L.C.

1 ‘‘(L) programs to provide equipment to

2 primary and secondary clinics and hospitals;’’;

3 (4) in subparagraph (N) (as redesignated), by

4 striking ‘‘and’’ at the end;

5 (5) in subparagraph (O) (as redesignated), by

6 striking the period at the end and inserting ‘‘; and’’;

7 and

8 (6) by adding at the end the following new sub9 paragraph:

10 ‘‘(P) rebuilding and constructing rural and

11 urban roads and highways, including secondary

12 and tertiary road systems.’’.

13 (d) EDUCATION, THE RULE OF LAW, ANTI-CORRUP14 TION, AND RELATED ISSUES.—Subsection (a)(5) of such

15 section is amended—

16 (1) in the heading, by inserting ‘‘, ANTI-COR17 RUPTION’’ after ‘‘THE RULE OF LAW’’;

18 (2) in subparagraph (B)—

19 (A) by striking clause (v);

20 (B) by redesignating clauses (vi) through

21 (viii) as clauses (v) through (vii), respectively;

22 (C) in clause (vi) (as redesignated), by

23 striking ‘‘and’’ at the end;
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15

H.L.C.

1 (D) in clause (vii) (as redesignated), by

2 striking the period at the end and inserting a

3 semicolon; and

4 (E) by adding at the end the following new

5 clauses:

6 ‘‘(viii) support for the implementation

7 of the Afghan Action Plan on Transitional

8 Justice, including examination of abuses

9 by all parties as specified by the document

10 with a view to establishing truth, reconcili11 ation, and justice; and

12 ‘‘(ix) support for land titling pro13 grams and reconciliation of land rights.’’;

14 (3) by redesignating subparagraphs (C) and

15 (D) as subparagraphs (D) and (E), respectively; and

16 (4) by inserting after subparagraph (B) the fol17 lowing new subparagraph:

18 ‘‘(C) ANTI-CORRUPTION ASSISTANCE.—To

19 combat corruption, improve transparency and

20 accountability, increase the participatory nature

21 of governmental institutions, and promote other

22 forms of good governance and management in

23 all levels of government in Afghanistan, includ24 ing assistance such as—
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16

H.L.C.

1 ‘‘(i) providing technical assistance to

2 the Government of Afghanistan to assist in

3 the efforts to ratify the United Nations

4 Convention against Corruption and assist5 ance in creating implementation legislation

6 and a monitoring mechanism to oversee

7 implementation of the United Nations Con8 vention against Corruption;

9 ‘‘(ii) supporting the establishment of

10 audit offices, inspectors general offices,

11 third party monitoring of government pro12 curement processes, and anti-corruption

13 agencies;

14 ‘‘(iii) promoting legal and judicial re15 forms that criminalize corruption and law

16 enforcement reforms and development that

17 encourage prosecutions of corruption;

18 ‘‘(iv) providing technical assistance to

19 develop a legal framework for commercial

20 transactions that fosters business practices

21 that promote transparent, ethical, and

22 competitive behavior in the economic sec23 tor, such as commercial codes that incor24 porate international standards and protec25 tion of core labor standards;
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17

H.L.C.

1 ‘‘(v) providing training and technical

2 assistance relating to drafting of anti-cor3 ruption, privatization, and competitive

4 statutory and administrative codes, and

5 providing technical assistance to Afghan

6 governmental ministries implementing

7 anti-corruption laws and regulations;

8 ‘‘(vi) promoting the development of

9 regulations relating to financial disclosure

10 for public officials, political parties, and

11 candidates for public offices;

12 ‘‘(vii) supporting transparent budg13 eting processes and financial management

14 systems; and

15 ‘‘(viii) promoting civil society’s role in

16 combating corruption.’’.

17 (e) ASSISTANCE TO WOMEN AND GIRLS.—Subsection

18 (a)(7) of such section is amended—

19 (1) in subparagraph (A), by striking clauses (i)

20 through (xii) and inserting the following new

21 clauses:

22 ‘‘(i) to provide equipment, medical

23 supplies, and other assistance to health

24 care facilities for the purpose of reducing
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18

H.L.C.

1 maternal and infant mortality and mor2 bidity;

3 ‘‘(ii) to expand immunization pro4 grams for women and children;

5 ‘‘(iii) to establish and expand pro6 grams to provide services to women and

7 girls suffering from mental illness prob8 lems, such as depression, anxiety, and

9 posttraumatic stress disorder;

10 ‘‘(iv) to protect and provide services to

11 vulnerable populations, including widows,

12 orphans, and women head of households;

13 ‘‘(v) to develop and implement pro14 grams to protect women and girls against

15 sexual and physical abuse, abduction, traf16 ficking, exploitation, and sex discrimina17 tion, including emergency shelters for

18 women and girls who face danger from vio19 lence;

20 ‘‘(vi) to establish primary and sec21 ondary schools for girls that include math22 ematics, science, and languages in their

23 primary curriculum;
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19

H.L.C.

1 ‘‘(vii) to expand technical and voca2 tional training programs to enable women

3 to support themselves and their families;

4 ‘‘(viii) to maintain and expand adult

5 literacy programs, including economic lit6 eracy programs that promote the well7 being of women and their families;

8 ‘‘(ix) to provide special educational

9 opportunities for girls whose schooling was

10 ended by the Taliban and who now face

11 obstacles to participating in the normal

12 education system, such as girls who are

13 now married and girls who are older than

14 the normal age for their classes;

15 ‘‘(x) to disseminate information

16 throughout Afghanistan on international

17 standards for human rights, particularly as

18 pertaining to women;

19 ‘‘(xi) to provide information and as20 sistance to enable women to exercise prop21 erty, inheritance, and voting rights, and to

22 ensure equal access to the judicial system;

23 ‘‘(xii) to support the work of women24 led and local nongovernmental organiza25 tions with demonstrated experience in de-
52

20

H.L.C.

1 livering services to women and children in

2 Afghanistan;

3 ‘‘(xiii) to monitor and investigate vio4 lations against women and to provide legal

5 assistance to women who have suffered vio6 lations of their rights;

7 ‘‘(xiv) to increase political and civic

8 participation of women in all levels of soci9 ety, including the criminal justice system;

10 ‘‘(xv) to provide information and

11 training related to human rights, particu12 larly as pertaining to women, to military,

13 police, and legal personnel; and

14 ‘‘(xvi) to provide assistance to the

15 Ministry of Women’s Affairs and the Af16 ghan Independent Human Rights Commis17 sion for programs to advance the status of

18 women.’’; and

19 (2) in subparagraph (B), to read as follows:

20 ‘‘(B) AVAILABILITY OF FUNDS.—For each

21 of the fiscal years 2008 through 2010—

22 ‘‘(i) $5,000,000 is authorized to be

23 appropriated to the President to be made

24 available to the Afghan Ministry of Wom-
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21

H.L.C.

1 en’s Affairs for the administration and

2 conduct of its programs;

3 ‘‘(ii) $10,000,000 is authorized to be

4 appropriated to the President to be made

5 available to the Afghan Independent

6 Human Rights Commission for the admin7 istration and conduct of its programs; and

8 ‘‘(iii) $30,000,000 is authorized to be

9 appropriated to the President for grants to

10 Afghan-led nongovernmental organizations,

11 including Afghan women-led nongovern12 mental organizations, to support activities

13 including the construction, establishment,

14 and operation of schools for married girls

15 and girls’ orphanages, vocational training

16 for women and girls, primary health care

17 clinics for women and children, programs

18 to strengthen Afghan women-led organiza19 tions and women’s leadership, and to pro20 vide monthly financial assistance to wid21 ows, orphans, and women head of house22 holds.’’.

23 (f) ASSISTANCE FOR ENERGY DEVELOPMENT AND

24 SHORT-TERM ENERGY SUPPLY.—
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22

H.L.C.

1 (1) AMENDMENT.—Subsection (a) of such sec2 tion is amended by adding at the end the following

3 new paragraphs:

4 ‘‘(8) ASSISTANCE FOR ENERGY DEVELOP5 MENT.—To support the development of local energy

6 sources, new power generation, and energy transpor7 tation, including further development of existing

8 hydrological power sources, studies of the utility of

9 geothermal energy, expansion of local natural gas

10 fields for internal consumption and export, and

11 transport of natural gas or other appropriate energy

12 sources to Afghanistan’s neighboring countries.

13 ‘‘(9) ASSISTANCE FOR SHORT-TERM ENERGY

14 SUPPLY.—

15 ‘‘(A) ASSISTANCE OBJECTIVES.—To pro16 vide assistance for the supply of short-term en17 ergy resources such as diesel to secure the de18 livery of electricity to major Afghan cities.

19 ‘‘(B) AVAILABILITY OF FUNDS.—For each

20 of the fiscal years 2008 through 2010,

21 $75,000,000 is authorized to be appropriated to

22 the President to carry out this paragraph.

23 ‘‘(C) RELATION TO OTHER AVAILABLE

24 FUNDS.—Amounts made available under sub-
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H.L.C.

1 paragraph (B) are in addition to amounts oth2 erwise available for such purposes.’’.

3 (2) SENSE OF CONGRESS ON OPIC ACTIVI4 TIES.—It is the sense of Congress that the Overseas

5 Private Investment Corporation should, in accord6 ance with its mandate to foster private investment

7 and enhance the ability of private enterprise to make

8 its full contribution to international development, ex9 ercise its authorities under title IV of chapter 2 of

10 part I of the Foreign Assistance Act of 1961 (22

11 U.S.C. 2191 et seq.) to further increase efforts to

12 promote and support United States-sponsored pri13 vate investment in the energy sector in Afghanistan,

14 including—

15 (A) issuing loans, guaranties, and insur16 ance, to support energy infrastructure recon17 struction and development; and

18 (B) undertaking a special initiative that

19 includes—

20 (i) sending a needs assessment team

21 to Afghanistan to determine ways in which

22 the Corporation can best support the es23 sential investment required to restore the

24 energy infrastructure in Afghanistan;
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24

H.L.C.

1 (ii) engaging in an exhaustive out2 reach program to involve United States

3 business in energy development in Afghani4 stan and exploring potential new public5 private partnerships, supported by the Cor6 poration, which will assist Afghanistan in

7 developing its energy sector; and

8 (iii) consulting and coordinating with

9 the Government of Afghanistan and re10 gional governments and international fi11 nancial institutions to promote private in12 vestment in the energy sector.

13 (g) ASSISTANCE FOR CAPACITY-BUILDING.—Sub14 section (a) of such section, as amended by subsection

15 (f)(1) of this section, is further amended by adding at the

16 end the following new paragraph:

17 ‘‘(10) ASSISTANCE FOR CAPACITY-BUILDING.—

18 To increase the capacity and improve the sustain19 ability of national, provincial, and local governmental

20 institutions, including assistance such as—

21 ‘‘(A) providing technical assistance to all

22 ministries through funding to the Afghanistan

23 Reconstruction Trust Fund to improve trans24 parency and ability to respond to the needs of

25 the Afghan people;
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H.L.C.

1 ‘‘(B) promoting the implementation of fis2 cal and personnel management, including rev3 enue tracking and expenditure systems;

4 ‘‘(C) assisting in developing ministry-wide

5 recruitment systems;

6 ‘‘(D) creating or improving databases and

7 other human resource information systems;

8 ‘‘(E) supporting the expansion of the Af9 ghan National Solidarity Project and other pro10 vincial and local-led development projects;

11 ‘‘(F) providing training and technical as12 sistance to the Ministry of Finance to better ac13 count for funding to the Afghanistan Recon14 struction Trust Fund and other funds imple15 mented by the Government of Afghanistan;

16 ‘‘(G) supporting the Afghanistan Inde17 pendent Administrative Reform and Civil Serv18 ice Commission; and

19 ‘‘(H) providing financial and technical as20 sistance to support the Transition Support

21 Strategy for Afghanistan, including the Public

22 Administration Reform project.’’.

23 (h) LIMITATION.—Subsection (b)(1) of such section

24 is amended by striking ‘‘adopting a constitution and’’.
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26

H.L.C.

1 (i) MONITORING OF ASSISTANCE FOR AFGHANISTAN;

2 REPORT.—Subsection (d)(1)(A) of such section is

3 amended—

4 (1) by striking ‘‘Committee on International

5 Relations’’ and inserting ‘‘Committee on Foreign Af6 fairs’’; and

7 (2) by adding at the end the following new sen8 tence: ‘‘The report required by this paragraph may

9 be included in the report required by section 304 of

10 this Act.’’.

11 SEC. 104. CERTIFICATION AND PHASED-IN LIMITATION ON

12 ECONOMIC AND DEMOCRATIC DEVELOP13 MENT ASSISTANCE.

14 Title I of the Afghanistan Freedom Support Act of

15 2002 (22 U.S.C. 7511 et seq.) is amended—

16 (1) by redesignating sections 104 through 108

17 as sections 105 through 109, respectively; and

18 (2) by inserting after section 103 the following

19 new section:

20 ‘‘SEC. 104. CERTIFICATION AND PHASED-IN LIMITATION ON

21 UNITED STATES ECONOMIC AND DEMO22 CRATIC DEVELOPMENT ASSISTANCE FOR AF23 GHANISTAN.

24 ‘‘(a) CERTIFICATION.—
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27

H.L.C.

1 ‘‘(1) IN GENERAL.—Not later than October 1,

2 2008 and each October 1 thereafter, the President

3 shall transmit to the appropriate congressional com4 mittees a certification that contains a determination

5 of whether or not, based upon substantiated and

6 credible evidence, any senior official of the Govern7 ment of Afghanistan, at the provincial or local levels,

8 is engaged in or benefits from the illicit narcotics

9 trade or is engaged in terrorist or criminal activities,

10 including the names of any such senior officials and

11 the provincial or local governments over which such

12 senior officials exercise authority.

13 ‘‘(2) FORM.—The certification required by

14 paragraph (1) shall be transmitted in unclassified

15 form, but may contain a classified annex.

16 ‘‘(b) LIMITATION ON ASSISTANCE.—For fiscal year

17 2009 and each subsequent fiscal year, assistance author18 ized under this title or under the Foreign Assistance Act

19 of 1961 (22 U.S.C. 2151 et seq.) may not be provided

20 to a provincial or local government of Afghanistan if the

21 President determines and certifies to the appropriate con22 gressional committees pursuant to subsection (a) for such

23 fiscal year that, based upon substantiated and credible evi24 dence, one or more senior officials from such provincial

25 or local government is engaged in or benefits from the nar-
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H.L.C.

1 cotics trade or is engaged in terrorist or criminal activi2 ties.’’.

3 SEC. 105. MONITORING AND EVALUATION OF ASSISTANCE.

4 Title I of the Afghanistan Freedom Support Act of

5 2002 (22 U.S.C. 7511 et seq.), as amended by section 104

6 of this Act, is further amended—

7 (1) by redesignating sections 105 through 109

8 (as redesignated) as sections 106 through 110, re9 spectively; and

10 (2) by inserting after section 104 the following

11 new section:

12 ‘‘SEC. 105. MONITORING AND EVALUATION OF ASSISTANCE.

13 ‘‘(a) IN GENERAL.—The President shall establish

14 and implement a system to monitor and evaluate the effec15 tiveness and efficiency of assistance provided under this

16 title on a program-by-program basis in order to maximize

17 the long-term sustainable development impact of such as18 sistance.

19 ‘‘(b) REQUIREMENTS.—In carrying out subsection

20 (a), the President shall—

21 ‘‘(1) establish performance goals for assistance

22 authorized under this title and expresses such goals

23 in an objective and quantifiable form, to the extent

24 practicable;
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H.L.C.

1 ‘‘(2) establish performance indicators to be used

2 in measuring or assessing the achievement of the

3 performance goals described in paragraph (1); and

4 ‘‘(3) provide a basis for recommendations for

5 adjustments to assistance authorized under this title

6 to enhance the impact of such assistance.

7 ‘‘(c) ASSISTANCE TO ENHANCE THE CAPACITY OF

8 AFGHANISTAN.—In carrying out subsection (a), the Presi9 dent shall provide assistance to enhance the capacity of

10 the Government of Afghanistan to monitor and evaluate

11 programs carried out by the national, provincial, and local

12 governments in Afghanistan in order to maximize the

13 long-term sustainable development impact of such pro14 grams.

15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—Of the

16 amounts authorized to be appropriated under section 110

17 for a fiscal year, not less than 5 percent of such amounts

18 are authorized to be made available to carry out this sec19 tion for such fiscal year.’’.

20 SEC. 106. COORDINATION OF ASSISTANCE.

21 (a) CONGRESSIONAL FINDING.—Congress finds that

22 the coordinator of assistance provided for in section 106

23 of the Afghanistan Freedom Support Act of 2002 (as re24 designated) has not achieved the objectives of an inte-
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H.L.C.

1 grated approach to United States assistance programs for

2 Afghanistan.

3 (b) APPOINTMENT OF COORDINATOR.—Not later

4 than 90 days after the date of the enactment of this Act,

5 the President shall appoint, by and with the advice and

6 consent of the Senate, a coordinator who shall report di7 rectly to the President. The coordinator shall not hold any

8 other position within the United States Government and

9 shall have the rank and status of Ambassador.

10 (c) DUTIES OF COORDINATOR.—The coordinator

11 shall be responsible for—

12 (1) designing an overall non-military strategy,

13 in coordination with the heads of relevant United

14 States Government departments and agencies, to ad15 vance United States interests in Afghanistan, includ16 ing policy coordination relating to counter-narcotics

17 efforts, reconstruction and development, and activi18 ties to equip and train the Afghan National Security

19 Forces;

20 (2) ensuring policy coordination among relevant

21 United States Government departments and agen22 cies in carrying out the strategy described in para23 graph (1);
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H.L.C.

1 (3) pursuing coordination with other countries

2 and international organizations with respect to as3 sistance for Afghanistan;

4 (4) coordinating the implementation and over5 sight by relevant United States Government depart6 ments and agencies for assistance for Afghanistan

7 described in paragraph (1)

8 (5) resolving policy disputes among relevant

9 United States Government departments and agen10 cies with respect to United States assistance for Af11 ghanistan described in paragraph (1);

12 (6) ensuring policy coordination among relevant

13 United States Government departments and agen14 cies for counter-narcotics efforts and coordinating

15 the implementation of such policies, including by fa16 cilitating the access of certain departments and

17 agencies to sensitive sites in Afghanistan, where

18 practicable, for the purpose of conducting critical

19 counter-narcotics operations; and

20 (7) ensuring coordination among the United

21 States, the Government of Afghanistan, the United

22 Kingdom, and other international partners that are

23 supporting counter-narcotics efforts, reconstruction

24 and development, and activities to equip and train

25 the Afghan National Security Forces in Afghanistan.
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H.L.C.

1 (d) DEPUTY COORDINATORS.—The coordinator may

2 appoint up to two deputy coordinators to assist the coordi3 nator with the duties of the coordinator described in sub4 section (c), including duties relating to counter-narcotics,

5 reconstruction and development, or equipping and training

6 of Afghan National Security Forces. A deputy coordinator

7 shall not hold any other position within the United States

8 Government.

9 (e) REPEAL.—Section 106 of the Afghanistan Free10 dom Support Act of 2002 (as redesignated by sections 104

11 and 105 of this Act), is hereby repealed.

12 SEC. 107. PILOT PROGRAM TO PROVIDE SCHOLARSHIPS TO

13 AFGHAN STUDENTS FOR PUBLIC POLICY IN14 TERNSHIPS IN THE UNITED STATES.

15 Title I of the Afghanistan Freedom Support Act of

16 2002 (22 U.S.C. 7511 et seq.), as amended by sections

17 104 and 105 of this Act, is further amended by inserting

18 after section 105 (as redesignated) the following new sec19 tion:

20 ‘‘SEC. 106. PILOT PROGRAM TO PROVIDE SCHOLARSHIPS

21 TO AFGHAN STUDENTS FOR PUBLIC POLICY

22 INTERNSHIPS IN THE UNITED STATES.

23 ‘‘(a) PILOT PROGRAM REQUIRED.—The Secretary of

24 State shall establish a pilot program to provide scholar25 ships to undergraduate and graduate students in Afghani-
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H.L.C.

1 stan for public policy internships in the United States to

2 improve the ability of such students to increase the capac3 ity of the Government of Afghanistan. The pilot program

4 required by this subsection shall be carried out as part

5 of the educational and cultural exchange programs of the

6 Department of State under the authorities of the Mutual

7 Educational and Cultural Exchange Act of 1961 (22

8 U.S.C. 2451 et seq.).

9 ‘‘(b) SCOPE OF PILOT PROGRAM.—It is the sense of

10 Congress that 20 students should participate in the pilot

11 program required by subsection (a) for each fiscal year

12 during which the pilot program is in effect.

13 ‘‘(c) PERIOD OF PILOT PROGRAM.—The pilot pro14 gram required by subsection (a) shall be in effect during

15 each of the fiscal years 2008, 2009, and 2010.’’.

16 SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

17 (a) AMENDMENTS.—Subsection (a) of section 110 of

18 the Afghanistan Freedom Support Act of 2002 (as redes19 ignated) is amended—

20 (1) by striking ‘‘such sums as may be nec21 essary’’ and inserting ‘‘$1,600,000,000’’; and

22 (2) by striking ‘‘2005 and 2006’’ and inserting

23 ‘‘2008 through 2010’’.

24 (b) RULE OF CONSTRUCTION.—The amendments

25 made by subsection (a) shall not be construed to affect
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1 the availability of funds appropriated pursuant to the au2 thorization of appropriations under section 108 of the Af3 ghanistan Freedom Support Act of 2002 (22 U.S.C. 7518)

4 before the date of the enactment of this Act.

5 SEC. 109. CLERICAL AMENDMENT.

6 The table of contents in section 1(b) of the Afghani7 stan Freedom Support Act of 2002 (22 U.S.C. 7501 note)

8 is amended by striking the items relating to sections 104

9 through 108 and inserting the following new items:

‘‘Sec. 104. Certification and phased-in limitation on United States economic

and democratic development assistance for Afghanistan

‘‘Sec. 105. Monitoring and evaluation of assistance

‘‘Sec. 106. Pilot program to provide scholarships to Afghan students for public

policy internships in the United States.

‘‘Sec. 107. Sense of Congress regarding promoting cooperation in opium producing areas.

‘‘Sec. 108. Administrative provisions.

‘‘Sec. 109. Relationship to other authority.

‘‘Sec. 110. Authorization of appropriations.’’.

10 TITLE II—ASSISTANCE FOR A

11 NEW SECURITY FRAMEWORK

12 FOR AFGHANISTAN

13 Subtitle A—Amendments to the Af14 ghanistan Freedom Support Act

15 of 2002

16 SEC. 201. AUTHORIZATION OF ASSISTANCE.

17 (a) EXTENSION OF DRAWDOWN AUTHORITY.—Sub18 section (b) of section 202 of the Afghanistan Freedom

19 Support Act of 2002 (22 U.S.C. 7532) is amended by
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H.L.C.

1 striking ‘‘$550,000,000’’ and inserting ‘‘300,000,000 in

2 any fiscal year’’.

3 (b) SENSE OF CONGRESS.—Such section is further

4 amended by adding at the end the following new sub5 section:

6 ‘‘(c) SENSE OF CONGRESS.—It is the sense of Con7 gress that assistance provided to eligible foreign countries

8 and international organizations under subsection (a)

9 should promote greater interoperability with and among

10 the military forces of the International Security Assistance

11 Force, the United States, and the Government of Afghani12 stan.’’.

13 SEC. 202. CONGRESSIONAL NOTIFICATION REQUIREMENTS.

14 Subsection (a) of section 205 of the Afghanistan

15 Freedom Support Act of 2002 (22 U.S.C. 7535) is amend16 ed by striking ‘‘the Committee on International Relations

17 and the Committee on Appropriations of the House of

18 Representatives and the Committee on Foreign Relations

19 and the Committee on Appropriations of the Senate’’ and

20 inserting ‘‘the appropriate congressional committees’’.

21 SEC. 203. MATTERS RELATING TO THE INTERNATIONAL SE22 CURITY ASSISTANCE FORCE.

23 (a) IMPLEMENTATION OF STRATEGY.—Section 206

24 of the Afghanistan Freedom Support Act of 2002 (22

25 U.S.C. 7536) is amended—
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H.L.C.

1 (1) by striking subsection (c); and

2 (2) by redesignating subsections (d) and (e) as

3 subsections (c) and (d), respectively.

4 (b) REPORTS ON EFFORTS TO EXPAND INTER5 NATIONAL PEACEKEEPING AND SECURITY OPERATIONS

6 IN AFGHANISTAN.—Subsection (c)(1)(B) of such section

7 (as redesignated) is amended in the first sentence, by

8 striking ‘‘Committee on International Relations’’ and in9 serting ‘‘Committee on Foreign Affairs’’.

10 (c) ARMS SALES INCENTIVE FOR COOPERATING NA11 TIONS IN AFGHANISTAN.—Such section is further amend12 ed by adding at the end the following new subsection:

13 ‘‘(e) ARMS SALES INCENTIVE FOR COOPERATING NA14 TIONS IN AFGHANISTAN.—

15 ‘‘(1) IN GENERAL.—The President is author16 ized to provide a subsidy of up to five percent of the

17 total acquisition cost of defense articles and defense

18 services sold pursuant to the Arms Export Control

19 Act (22 U.S.C. 2751 et seq.) to a country if—

20 ‘‘(A) the country will use such defense arti21 cles and defense services in Afghanistan, or

22 ‘‘(B) the country will use defense articles

23 and defense services of comparable quality and

24 quantity in Afghanistan,
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H.L.C.

1 in support of operations in Afghanistan for an ex2 tended period of time.

3 ‘‘(2) DEFINITIONS.—In this subsection—

4 ‘‘(A) the term ‘defense article’ has the

5 meaning given the term in paragraph (3) of

6 section 47 of the Arms Export Control Act (22

7 U.S.C. 2794 note); and

8 ‘‘(B) the term ‘defense service’ has the

9 meaning given the term in paragraph (4) of

10 such section.

11 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

12 To carry out this subsection, there are authorized to

13 be appropriated to the President $10,000,000 for

14 each of the fiscal years 2008 through 2010.’’.

15 SEC. 204. SUNSET.

16 Section 209 of the Afghanistan Freedom Support Act

17 of 2002 (22 U.S.C. 7538) is amended by striking ‘‘2006’’

18 and inserting ‘‘2010’’.

19 Subtitle B—Other Matters

20 SEC. 211. COUNTER-NARCOTICS ACTIVITIES IN AFGHANI21 STAN.

22 (a) SUPPORT FOR COUNTER-NARCOTICS INTERDIC23 TION OPERATIONS.—

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

25 through the Secretary of Defense, shall direct the
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1 United States Armed Forces to continue to support

2 counter-narcotics interdiction operations in Afghani3 stan, consistent with ongoing operational activities

4 and the Department of Defense’s counter-narcotics

5 strategy for Afghanistan.

6 (2) COORDINATION.—Such operations shall be

7 conducted in coordination with the Government of

8 Afghanistan and in coordination with any support

9 for counter-narcotics interdiction operations provided

10 by the United Kingdom and other appropriate coun11 tries.

12 (3) TYPES OF ACTIVITIES.—Such operations

13 shall include—

14 (A) intelligence, surveillance, and informa15 tion sharing;

16 (B) logistical support, to the extent prac17 ticable in light of ongoing operational activities,

18 for interdiction efforts; and

19 (C) training and equipping the Afghan Na20 tional Police, consistent with existing law.

21 (b) SPECIAL COUNTER-NARCOTICS INTERDICTION

22 TEAMS.—The President shall enhance existing civilian

23 special counter-narcotics interdiction teams and, in addi24 tion, such counter-narcotics interdiction teams shall, to
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1 the extent practicable in light of ongoing operational ac2 tivities, receive the support described in subsection (a).

3 (c) PARTICIPATION OF FOREIGN COUNTER-NAR4 COTICS LAW ENFORCEMENT PERSONNEL.—Counter-nar5 cotics law enforcement personnel of NATO and other

6 friendly countries may participate in the formation and

7 operation of the counter-narcotics interdiction teams de8 scribed in subsection (b) or other counter-narcotics oper9 ations in Afghanistan that are supported by the United

10 States.

11 (d) VETTING OF CANDIDATES FOR THE AFGHAN NA12 TIONAL POLICE.—The President shall ensure that assist13 ance for the Afghan National Police include vetting proce14 dures to adequately assess each Afghan National Police

15 candidate’s aptitude, professional skills, integrity, and

16 other qualifications that are essential to law enforcement

17 work.

18 SEC. 212. EXPANSION OF INTERNATIONAL CONTRIBUTIONS

19 TO THE SECURITY OF AFGHANISTAN.

20 (a) STATEMENT OF POLICY.—It is the policy of the

21 United States that the President shall encourage the Gov22 ernments of Pakistan and friendly Arab countries to in23 crease reconstruction assistance to, and diplomatic sup24 port for, the Government of Afghanistan.
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1 (b) PAKISTAN AND AFGHANISTAN MILITARY CO2 OPERATION.—The President shall encourage the Govern3 ments of Pakistan and Afghanistan to engage in greater

4 military cooperation to promote greater trust and trans5 parency between them, including greater communication

6 and coordination between their respective military, border

7 security, and counter-narcotic units operating on both

8 sides of the border between Pakistan and Afghanistan.

9 (c) REPORT.—Not later than 90 days after the date

10 of the enactment of this Act, and every six months there11 after until September 30, 2008, the President shall trans12 mit to the appropriate congressional committees a report

13 on the implementation of subsections (a) and (b). The re14 port required by this subsection may be included in the

15 report required by section 304 of the Afghanistan Free16 dom Support Act of 2002 (as amended by section 302 of

17 this Act).

18 (d) DEFINITION.—In this section, the term ‘‘appro19 priate congressional committees’’ means—

20 (1) the Committee on Armed Services and the

21 Committee on Foreign Affairs of the House of Rep22 resentatives; and

23 (2) the Committee on Armed Services and the

24 Committee on Foreign Relations of the Senate.
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1 SEC. 213. TRAINING FOR MILITARY PERSONNEL OF FOR2 EIGN COUNTRIES THAT ARE TO BE DE3 PLOYED FOR SECURITY OPERATIONS IN AF4 GHANISTAN.

5 Chapter 5 of part II of the Foreign Assistance Act

6 of 1961 (22 U.S.C. 2347 et seq.) is amended by adding

7 at the end the following new section:

8 ‘‘SEC. 550. TRAINING FOR MILITARY PERSONNEL OF FOR9 EIGN COUNTRIES THAT ARE TO BE DE10 PLOYED FOR SECURITY OPERATIONS IN AF11 GHANISTAN.

12 ‘‘(a) TRAINING AUTHORIZED.—The President is au13 thorized to furnish training under this chapter for military

14 personnel of foreign countries that are to be deployed for

15 security operations in Afghanistan, particularly in the

16 areas of special operations, counter-insurgency, border se17 curity, counter-terrorism, and counter-narcotics.

18 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—To

19 carry out this section, there are authorized to be appro20 priated to the President $10,000,000 for each of the fiscal

21 years 2008 through 2010. Amounts authorized to be ap22 propriated under this subsection are in addition to

23 amounts otherwise available for such purposes.’’.

24 SEC. 214. HUMANITARIAN ASSISTANCE FOR WAR VICTIMS.

25 (a) SENSE OF CONGRESS.—It is the sense of Con26 gress that the President should be commended for and
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1 should continue ongoing programs regarding assistance to

2 innocent Afghan individuals or families of Afghan civilians

3 who have suffered a serious loss during military operations

4 conducted by United States forces.

5 (b) REPORT REQUIRED.—Not later than 180 days

6 after the date of the enactment of this Act, the President

7 shall transmit to the appropriate congressional committees

8 a report on the feasibility of expanding programs of assist9 ance described in subsection (a) to include—

10 (1) the provision of special additional assistance

11 to families of Afghan civilians who were injured or

12 killed during such operations and who were the pri13 mary source of income for such families;

14 (2) the provision of assistance in excess of

15 $2,500 to families of Afghan civilians described in

16 subsection (a); and

17 (3) the provision of other payments that might

18 be required as a result of ongoing military oper19 ations in Afghanistan.

20 SEC. 215. SENSE OF CONGRESS CONCERNING UNITED NA21 TIONS MANDATE IN AFGHANISTAN.

22 It is the sense of Congress that the United Nations

23 Security Council should expand the United Nations man24 date in Afghanistan to—
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1 (1) authorize international civilian law enforce2 ment missions in Afghanistan as a part of peace op3 erations of the United Nations in Afghanistan;

4 (2) authorize the International Security Assist5 ance Force to conduct counter-drug interdiction op6 erations, consistent with ongoing operational activi7 ties and as opportunities arise, against the top nar8 cotic traffickers, their operations, and their infra9 structure in Afghanistan, with the concurrence of

10 the Government of Afghanistan;

11 (3) install effective centralized authority within

12 the United Nations Special Representative for Af13 ghanistan such that the international community’s

14 political objectives can be prioritized and commu15 nicated directly with the Government of Afghani16 stan; and

17 (4) extend the authorization of the Inter18 national Security Assistance Force beyond October

19 13, 2007.
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1 TITLE III—MISCELLANEOUS

2 PROVISIONS

3 SEC. 301. DONOR CONTRIBUTIONS TO AFGHANISTAN AND

4 REPORTS.

5 Subsection (c)(1) of section 303 of the Afghanistan

6 Freedom Support Act of 2002 (22 U.S.C. 7553) is

7 amended—

8 (1) in the first sentence, by striking ‘‘the Com9 mittee on Foreign Relations and the Committee on

10 Appropriations of the Senate and the Committee on

11 International Relations and the Committee on Ap12 propriations of the House of Representatives’’ and

13 inserting ‘‘the appropriate congressional commit14 tees’’; and

15 (2) in the second sentence, by striking ‘‘Decem16 ber 31, 2004’’ and inserting ‘‘December 31, 2010’’.

17 SEC. 302. REPORT ON PROGRESS TOWARD SECURITY AND

18 STABILITY IN AFGHANISTAN.

19 (a) IN GENERAL.—Title III of the Afghanistan Free20 dom Support Act of 2002 (22 U.S.C. 7551 et seq.) is

21 amended by striking section 304 and inserting the fol22 lowing new section:
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1 ‘‘SEC. 304. REPORT ON PROGRESS TOWARD SECURITY AND

2 STABILITY IN AFGHANISTAN.

3 ‘‘(a) REPORT REQUIRED.—Not later than December

4 1, 2007, and every six months thereafter until September

5 30, 2010, the President shall transmit to the appropriate

6 congressional committees a report on a comprehensive set

7 of performance indicators and measures for progress to8 ward security and stability in Afghanistan.

9 ‘‘(b) MATTERS TO BE INCLUDED.—The report re10 quired by subsection (a) shall include the following:

11 ‘‘(1) With respect to stability and security in

12 Afghanistan, the following:

13 ‘‘(A) Key measures of political stability, in14 cluding the important political objectives that

15 must be achieved over the next year to ensure

16 that all segments of Afghan society become

17 committed to the elected government in Kabul.

18 ‘‘(B) The primary indicators of a stable se19 curity environment in Afghanistan, such as the

20 following:

21 ‘‘(i) The number of engagements per

22 day by each of the following:

23 ‘‘(I) The Afghan forces, United

24 States forces, and other Coalition

25 forces.

26 ‘‘(II) ISAF.
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1 ‘‘(ii) The numbers of trained Afghan

2 security forces, including the Afghan Na3 tional Army and the Afghan National Po4 lice.

5 ‘‘(iii) The trends relating to numbers

6 and types of ethnic and religious-based

7 hostile encounters.

8 ‘‘(C) An assessment of the estimated

9 strength of the insurgency in Afghanistan and

10 the extent to which it is composed of non-Af11 ghan fighters, including whether insurgents are

12 obtaining weapons and other military material

13 from outside of Afghanistan and whether the

14 insurgents are based in or use the territory of

15 countries other than Afghanistan.

16 ‘‘(D) A description of the extent to which

17 warlords in Afghanistan exercise effective con18 trol over personnel, natural resources, infra19 structure, villages and towns, and material that

20 should be under the direct sovereign control of

21 the Government of Afghanistan, including—

22 ‘‘(i) an identification of each warlord

23 and the extent and means of control that

24 the warlord exercises over personnel, nat25 ural resources, infrastructure, villages and
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1 towns, and material that should be under

2 the direct sovereign control of the Govern3 ment of Afghanistan; and

4 ‘‘(ii) a description of actions under5 taken by the Governments of the United

6 States, Afghanistan, and countries partici7 pating in ISAF, individually or collectively,

8 in the previous year to diminish and ulti9 mately eliminate control by each warlord

10 identified under clause (i) over the Afghan

11 resources described in clause (i), and a de12 scription of actions that will be undertaken

13 in the coming year.

14 ‘‘(E) A description of all militias, tribal

15 forces, and terrorist and insurgent groups oper16 ating in Afghanistan, including the number,

17 size, equipment strength, military effectiveness,

18 sources of support, legal status, and efforts to

19 disarm or reintegrate such militias, tribal

20 forces, and terrorist and insurgent groups.

21 ‘‘(F) Efforts by ISAF to establish a uni22 fied command, unified rules of engagement, in23 formation detailing the specific restrictions

24 placed by each country participating in ISAF,

25 or any successor coalition force, on the military
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1 activities of its national military personnel with2 in Afghanistan, an assessment of the impact of

3 such restrictions on ISAF’s effectiveness, and

4 an assessment of the capabilities of ISAF

5 forces, including any equipment and logistics

6 shortages.

7 ‘‘(2) With respect to the training and perform8 ance of security forces in Afghanistan, the following:

9 ‘‘(A) The training provided to Afghan mili10 tary and other Ministry of Defense forces and

11 the equipment used by such forces.

12 ‘‘(B) Key criteria for assessing the capa13 bilities and readiness of the Afghan National

14 Army and other Ministry of Defense forces, in15 cluding capability and readiness levels, includ16 ing recruiting, training, and equipping such

17 forces.

18 ‘‘(C) The operational readiness status of

19 the Afghan National Army, including the type,

20 number, size, and organizational structure of

21 Afghan battalions that are—

22 ‘‘(i) capable of conducting operations

23 independently;
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1 ‘‘(ii) capable of conducting operations

2 with the support of United States or Coali3 tion forces or ISAF; or

4 ‘‘(iii) not ready to conduct operations.

5 ‘‘(D) The rates of recruitment, retention,

6 and absenteeism in the Afghan National Army

7 and the extent to which insurgents have infil8 trated such forces.

9 ‘‘(E) The training provided to Afghan Na10 tional Police and other Ministry of Interior

11 forces and the equipment used by such forces.

12 ‘‘(F) Key criteria for assessing the capa13 bilities and readiness of the Afghan National

14 Police and other Ministry of Interior forces, in15 cluding capability and readiness levels, includ16 ing recruiting, training, and equipping such

17 forces, including—

18 ‘‘(i) the number of police recruits that

19 have received classroom or field instruction

20 and the duration of such instruction;

21 ‘‘(ii) the number of experienced vet22 eran police officers who have received

23 classroom and field instruction and the du24 ration of such instruction;
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1 ‘‘(iii) a description of any vetting that

2 police candidates receive, the number of

3 candidates vetted, the number of can4 didates derived from other entry proce5 dures, and the success rates of those

6 groups of candidates;

7 ‘‘(iv) the number of Afghan National

8 Police forces that have received field train9 ing by international police trainers and the

10 duration of such training; and

11 ‘‘(v) attrition rates and measures of

12 absenteeism and infiltration by insurgents.

13 ‘‘(G) The estimated total number of Af14 ghan National Army battalions needed for the

15 Army to perform duties now being undertaken

16 by United States, NATO, or Coalition forces,

17 including securing the borders of Afghanistan

18 and providing adequate levels of law and order

19 throughout Afghanistan.

20 ‘‘(H) The effectiveness of the Afghan mili21 tary and police officer cadres and the chain of

22 command.

23 ‘‘(I) The number of United States and Co24 alition trainers, advisors, and mentors needed
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1 to support the Afghan security and associated

2 ministries.

3 ‘‘(J) An assessment, in a classified annex

4 if necessary, of United States military require5 ments, including planned force rotations,

6 through the end of calendar year 2008.

7 ‘‘(3) With respect to the economic and political

8 stability of Afghanistan, the following:

9 ‘‘(A) An estimate of the annual budget for

10 the Government of Afghanistan for the Afghan

11 fiscal year, including the costs of operating and

12 maintaining the Afghan security forces.

13 ‘‘(B) An estimate of the amount of Afghan

14 Government revenue and the amount of inter15 national assistance for budget support for the

16 Afghan Government.

17 ‘‘(C) An estimate of the amount of funds

18 pledged by all major donors for the calendar

19 year and the amounts committed, obligated,

20 and expended during the reporting period.

21 ‘‘(D) An assessment of United States re22 construction assistance programs in Afghani23 stan, including—

24 ‘‘(i) a description of existing efforts to

25 improve the monitoring and evaluation of
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1 the reconstruction assistance programs, in2 cluding from the design of such programs

3 through implementation and eventual

4 transfer to the Government of Afghani5 stan;

6 ‘‘(ii) a description, by project, of on7 going and future reconstruction assistance

8 programs and the amount of funding obli9 gated and expended to carry out such pro10 grams, including programs in the security,

11 rule of law, counter-narcotics, power, rural

12 development, education, health, and gov13 ernance and anti-corruption sectors;

14 ‘‘(iii) an analysis of completed recon15 struction assistance programs, on a project

16 basis, and a determination of the impact of

17 and the benefits yielded from such pro18 grams on Afghanistan and its people;

19 ‘‘(iv) a description of ongoing efforts

20 that have improved the employment situa21 tion in Afghanistan, including efforts that

22 have created job opportunities and in23 creased private sector development; and

24 ‘‘(v) a description of the progress

25 made in implementing all of the elements
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1 of the Interim Afghanistan National Devel2 opment Strategy, including—

3 ‘‘(I) the Afghanistan National

4 Solidarity Program; and

5 ‘‘(II) the Afghanistan Compact,

6 including a description of the goals

7 and objectives in the Afghanistan

8 Compact that have been achieved.

9 ‘‘(E) Key indicators of economic and polit10 ical development activity that should be consid11 ered the most important for determining the

12 prospects of stability in Afghanistan,

13 including—

14 ‘‘(i) unemployment levels;

15 ‘‘(ii) agricultural production;

16 ‘‘(iii) construction of roads, irrigation,

17 and other basic infrastructure;

18 ‘‘(iv) education rates, particularly of

19 girls;

20 ‘‘(v) electricity rates;

21 ‘‘(vi) hunger and poverty levels;

22 ‘‘(vii) illiteracy rates;

23 ‘‘(viii) maternal and infant mortality

24 rates;
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1 ‘‘(ix) appropriate measures for the

2 protection of human rights;

3 ‘‘(x) appropriate measures for the

4 protection of political and religious free5 dom and freedom of association;

6 ‘‘(xi) access of women to political and

7 civil society participation; and

8 ‘‘(xii) appropriate measure for the

9 protection of freedom of the press.

10 ‘‘(4) With respect to opium production and

11 counter-narcotics activities in Afghanistan, the fol12 lowing:

13 ‘‘(A) An estimate of the number of hec14 tares and amount of poppy production for the

15 current year, including by province.

16 ‘‘(B) The number of hectares and the

17 amount of poppy destroyed by eradication.

18 ‘‘(C) The number of counter-narcotics

19 raids against drug labs, storage facilities, and

20 caches, including the number of narcotics con21 fiscated.

22 ‘‘(D) The number of raids against nar23 cotics traffickers and the number of traffickers

24 arrested, prosecuted, convicted, sentenced, and

25 extradited, including high-value targets.
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1 ‘‘(E) The number of Afghan counter-nar2 cotics forces, including the Afghan National

3 Counter-Narcotics Police, trained and equipped,

4 the attrition rate of such forces, and the num5 ber of such forces available for counter-nar6 cotics operations, including an assessment of

7 the number of operations such forces con8 ducted, the outcomes of such operations, and

9 any additional resource needs of such forces.

10 ‘‘(F) The number and type of alternative

11 livelihood programs, a description of where such

12 programs have been conducted, and an assess13 ment of the number of hectares planted with

14 poppy in the year following such programs.

15 ‘‘(G) The amount and type of NATO and

16 United States assistance provided to Afghan

17 counter-narcotic teams in conducting raids and

18 investigations, including close-air support and

19 helicopter lift, and the number and type of re20 quests for assistance by United States or Af21 ghan counter-narcotics teams.

22 ‘‘(H) An assessment of Afghan efforts to

23 extradite suspects to the United States and

24 other countries, including—
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1 ‘‘(i) a list of the persons whose extra2 dition has been requested from Afghani3 stan, indicating—

4 ‘‘(I) those individuals who have

5 been surrendered to the custody of

6 United States authorities;

7 ‘‘(II) those individuals who have

8 been detained by the authorities and

9 who are being processed for extra10 dition;

11 ‘‘(III) those individuals who have

12 been detained by the authorities and

13 who are not yet being processed for

14 extradition; and

15 ‘‘(IV) those individuals who are

16 at large;

17 ‘‘(ii) a determination of whether Af18 ghan Government officials and entities re19 ceiving assistance from the United States

20 are making good-faith efforts to ensure the

21 prompt extradition of each of the persons

22 sought by United States authorities; and

23 ‘‘(iii) an analysis of any legal obsta24 cles in the laws of Afghanistan regarding

25 prompt extradition of persons sought by
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1 United States authorities and the steps

2 taken by authorities of the United States

3 and the authorities of Afghanistan to over4 come such obstacles.

5 ‘‘(c) UPDATE OF REPORT.—Not later than 90 days

6 after the date of the transmission of each report required

7 by subsection (a), the President shall transmit to the ap8 propriate congressional committees an update of the re9 port, to the extent necessary.

10 ‘‘(d) FORM.—The report required by subsection (a)

11 shall be transmitted in unclassified form, but may include

12 a classified annex, if necessary.

13 ‘‘(e) DEFINITION.—In this section, the term ‘appro14 priate congressional committees’ means—

15 ‘‘(1) the Committee on Armed Services, the

16 Committee on Appropriations, and the Committee on

17 Foreign Affairs of the House of Representatives;

18 and

19 ‘‘(2) the Committee on Armed Services, the

20 Committee on Appropriations, and the Committee on

21 Foreign Affairs of the Senate.’’.

22 (b) CLERICAL AMENDMENT.—The table of contents

23 in section 1(b) of the Afghanistan Freedom Support Act

24 of 2002 (22 U.S.C. 7501 note) is amended by striking
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1 the item relating to section 304 and inserting the following

2 new item:

‘‘Sec. 304. Report on progress toward security and stability in Afghanistan.’’.

3 SEC. 303. COMPREHENSIVE INTERAGENCY STRATEGY FOR

4 LONG-TERM SECURITY AND STABILITY IN AF5 GHANISTAN.

6 (a) IN GENERAL.—Section 305 of the Afghanistan

7 Freedom Support Act of 2002 (22 U.S.C. 7555) is

8 amended—

9 (1) in subsection (a)(1), by striking ‘‘submit

10 such strategy’’ and all that follows and inserting

11 ‘‘submit such strategy to the appropriate congres12 sional committees.’’;

13 (2) by redesignating subsection (b) as sub14 section (c); and

15 (3) by inserting after subsection (a) the fol16 lowing new subsection:

17 ‘‘(b) COMPREHENSIVE INTERAGENCY STRATEGY.—

18 ‘‘(1) IN GENERAL.—The President shall formu19 late a comprehensive interagency strategy for long20 term security and stability in Afghanistan which, in

21 addition to the specific and measurable goals speci22 fied in subsection (a)(2), shall be composed of the

23 elements specified in paragraph (2).
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1 ‘‘(2) ELEMENTS.—The comprehensive inter2 agency strategy required by paragraph (1) shall con3 tain the following elements:

4 ‘‘(A) REINVIGORATED RECONSTRUCTION

5 ACTIVITIES AND PROVINCIAL RECONSTRUCTION

6 TEAMS.—A comprehensive interagency recon7 struction strategy for Afghanistan, including

8 objectives for the strategy, a plan to implement

9 the objectives of the strategy, and a long-term

10 budget to carry out the strategy. The strategy

11 shall—

12 ‘‘(i) include a plan to implement all of

13 the elements of the Interim Afghanistan

14 National Development Strategy, including

15 the Afghanistan National Solidarity Pro16 gram, and the Afghanistan Compact, in17 cluding a description of the goals and ob18 jectives that have yet to be achieved, and

19 the impediments in achieving such goals

20 and objectives;

21 ‘‘(ii) include a mechanism for tracking

22 and oversight of the reconstruction funding

23 provided by countries participating in

24 ISAF and other donor countries, inter25 national organizations, and international
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1 financial entities, including a description of

2 the progress by such parties in fulfilling

3 their pledges of financial, technical, and

4 other assistance;

5 ‘‘(iii) include a mechanism for track6 ing and increasing oversight of the recon7 struction programs implemented by the

8 provincial reconstruction teams, including

9 the amount of reconstruction funding

10 spent by such teams, the purpose of such

11 funding, and the evaluation of the success

12 of such programs;

13 ‘‘(iv) provide for a mechanism to en14 hance coordination between the Depart15 ment of State and the United States Agen16 cy for International Development and

17 other relevant departments and agencies of

18 the United States Government in carrying

19 out reconstruction programs, by—

20 ‘‘(I) coordinating existing and fu21 ture efforts in the reconstruction pro22 grams carried out by the Department

23 of State and the United States Agen24 cy for International Development with

25 the reconstruction programs carried
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1 out by other relevant departments and

2 agencies of the United States Govern3 ment; and

4 ‘‘(II) coordinating existing and

5 future efforts needed to achieve en6 hanced coordination between the De7 partment of State and the United

8 States Agency for International Devel9 opment and other relevant depart10 ments and agencies of the United

11 States Government in the design and

12 implementation of reconstruction pro13 grams;

14 ‘‘(v) include a plan to enhance moni15 toring, evaluation, and oversight of recon16 struction programs to ensure the effective

17 impact of such programs on Afghanistan

18 and its people;

19 ‘‘(vi) provide a plan to identify and

20 implement critical reconstruction pro21 grams, by project, including in the areas of

22 security, rule of law, counter-narcotics,

23 power, rural development, education,

24 health, and governance and anti-corrup25 tion, that will improve the security and
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1 economic stability of Afghanistan, and the

2 amount of funding needed to implement

3 such programs;

4 ‘‘(vii) include actions to significantly

5 increase contributions from countries par6 ticipating in ISAF and from other inter7 national partners for reconstruction pro8 grams, including in the areas of security,

9 rule of law, counternarcotics, power, rural

10 development, education, health, and gov11 ernance and anti-corruption sectors;

12 ‘‘(viii) provide a plan to improve the

13 employment situation in Afghanistan, in14 cluding a plan to increase job creation op15 portunities and enhance private sector de16 velopment in Afghanistan;

17 ‘‘(ix) include actions to ensure en18 hancement of the capacity of the Govern19 ment of Afghanistan, on all levels, to re20 spond to the needs of its people;

21 ‘‘(x) include actions to enhance the

22 design and implementation of programs

23 carried out by the Government of Afghani24 stan, on all levels, including efforts to in25 crease funding and implementation of re-
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1 construction programs carried out by the

2 National Solidarity Program;

3 ‘‘(xi) include a plan to increase sig4 nificantly the number of Provincial Recon5 struction Teams (PRTs), particularly in

6 the southern and eastern regions of Af7 ghanistan by December 31, 2009, includ8 ing a review of the operation of and lessons

9 learned from existing PRTs prior to the

10 preparation of the strategy;

11 ‘‘(xii) clarify a single chain of com12 mand and operations plans for PRTs, in13 cluding their relationship with ISAF;

14 ‘‘(xiii) increase staffing, particularly

15 staffing of civilian specialists, and increase

16 staff training for PRTs;

17 ‘‘(xiv) incorporate measures to im18 prove the effectiveness of PRTs in pro19 viding reconstruction and development as20 sistance and in promoting security and sta21 bility in their areas of operations, including

22 coordination between PRT civilian ele23 ments and ISAF reconstruction goals; and

24 ‘‘(xv) include efforts to ensure that a

25 significant amount of the material, finan-
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1 cial, and personnel support for the increase

2 in the number of PRTs is provided by for3 eign sources.

4 ‘‘(B) COUNTER-NARCOTICS STRATEGY.—A

5 comprehensive interagency counter-narcotics

6 strategy for Afghanistan, including objectives

7 for the strategy, a plan to implement the objec8 tives of the strategy, and a long-term budget to

9 carry out the strategy. The strategy shall—

10 ‘‘(i) address the five pillars that com11 prise Afghanistan’s counter-narcotics strat12 egy and implementation plan: public infor13 mation, rural development (alternative live14 lihoods), elimination and eradication activi15 ties, interdiction, and law enforcement and

16 justice reform;

17 ‘‘(ii) identify the roles and responsibil18 ities of relevant departments and agencies

19 of the United States Government with re20 spect to the activities described in clause

21 (i);

22 ‘‘(iii) include the strategic direction of

23 current and planned activities of the

24 United States relating to counter-narcotics

25 efforts in Afghanistan, and shall specifi-
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1 cally include a description of steps that

2 have been conducted and planned to—

3 ‘‘(I) improve coordination with all

4 relevant departments and agencies of

5 the United States Government;

6 ‘‘(II) strengthen significantly the

7 Afghanistan National Counter-Nar8 cotics Police;

9 ‘‘(III) build the capacity of the

10 Afghan Government to assume great11 er responsibility for counter-narcotics

12 related-activities;

13 ‘‘(IV) strengthen anti-corruption

14 measures that target narcotics pro15 ducers and traffickers and the individ16 uals influenced by them;

17 ‘‘(V) improve counter-narcotics

18 intelligence capabilities;

19 ‘‘(VI) strengthen narcotics-re20 lated interdiction activities;

21 ‘‘(VII) strengthen the capacity of

22 the judicial sector to investigate, pros23 ecute, and penalize narcotics pro24 ducers and traffickers and govern-
98

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H.L.C.

1 ment officials benefitting from nar2 cotics-related activities;

3 ‘‘(VIII) effectively address any

4 problems with eradication strategies;

5 and

6 ‘‘(IX) significantly increase the

7 focus on creating alternative liveli8 hoods for the Afghan people;

9 ‘‘(iv) include current and planned ac10 tions to involve and coordinate with the

11 United Kingdom and other appropriate

12 international partners in supporting

13 counter-narcotics efforts in Afghanistan.

14 ‘‘(C) SUSTAINABILITY OF THE AFGHANI15 STAN NATIONAL SECURITY FORCES.—A com16 prehensive interagency strategy for building and

17 sustaining the Afghanistan National Security

18 Forces (ANSF), including objectives for the

19 strategy, a plan to implement the objectives of

20 the strategy, and a long-term budget to carry

21 out the strategy. The strategy shall—

22 ‘‘(i) include a mechanism for tracking

23 funding, including obligations and expendi24 tures, as well as equipment, training, and

25 services provided for the ANSF by the
99

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H.L.C.

1 United States, countries participating in

2 the International Security Assistance

3 Force, and other international partners;

4 ‘‘(ii) include actions to build and sus5 tain effective Afghan security institutions

6 with fully-capable leadership and staff,

7 including—

8 ‘‘(I) a reformed Ministry of Inte9 rior, a fully-established Ministry of

10 Defense, and logistics, intelligence,

11 medical, and recruiting units (ANSF12 sustaining institutions);

13 ‘‘(II) fully-trained, equipped, and

14 capable ANSF in sufficient numbers;

15 ‘‘(III) strong ANSF-readiness as16 sessment tools and metrics;

17 ‘‘(IV) a strong core of senior-level

18 ANSF officers;

19 ‘‘(V) strong ANSF command,

20 control, and communication between

21 central ANSF headquarters and re22 gions, provinces, and districts;

23 ‘‘(VI) a robust mentoring and ad24 vising program for the ANSF;
100

68

H.L.C.

1 ‘‘(VII) a strong professional mili2 tary training and education program

3 for all junior, mid-level, and senior

4 ANSF personnel;

5 ‘‘(VIII) effective merit-based sal6 ary, rank, promotion, and incentive

7 structures for the ANSF;

8 ‘‘(IX) an established code of pro9 fessional standards for the ANSF;

10 ‘‘(X) a mechanism for incor11 porating lessons learned and best

12 practices into ANSF operations;

13 ‘‘(XI) An ANSF personnel ac14 countability system with effective in15 ternal discipline procedures and mech16 anisms;

17 ‘‘(XII) a system for addressing

18 ANSF personnel complaints; and

19 ‘‘(XIII) a strong record-keeping

20 and accountability system to track

21 ANSF equipment and personnel

22 issues, and other ANSF oversight

23 mechanisms; and

24 ‘‘(iii) provide for coordination between

25 all relevant departments and agencies of
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H.L.C.

1 the United States Government, as well as

2 ISAF countries and other international

3 partners, including on—

4 ‘‘(I) funding;

5 ‘‘(II) reform and establishment of

6 ANSF-sustaining institutions; and

7 ‘‘(III) efforts to ensure that

8 progress on sustaining the ANSF is

9 reinforced with progress in other pil10 lars of the Afghan security sector,

11 particularly progress on building an

12 effective judiciary, curbing production

13 and trafficking of illicit narcotics, and

14 demobilizing, disarming, and reinte15 grating militia fighters.

16 ‘‘(3) REPORT.—

17 ‘‘(A) IN GENERAL.—Not later than De18 cember 1, 2007, the President shall transmit to

19 the appropriate congressional committees an

20 update of the report required by subsection (c)

21 for 2007 that contains the comprehensive inter22 agency strategy required by paragraph (1).

23 ‘‘(B) FORM.—The report required by sub24 paragraph (A) shall be transmitted in unclassi-
102

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H.L.C.

1 fied form, but may include a classified annex, if

2 necessary.’’.

3 (b) MONITORING.—Subsection (c) of such section (as

4 redesignated) is amended to read as follows:

5 ‘‘(c) UPDATES OF STRATEGY.—

6 ‘‘(1) IN GENERAL.—Not later than 90 days

7 after the submission of the strategy required by sub8 section (b)(3), and every 90 days thereafter through

9 September 30, 2010, the President shall submit to

10 the appropriate congressional committees an update

11 of the strategy required by subsection (a) and the

12 strategy required by subsection (b), as necessary.

13 ‘‘(2) DEFINITION.—In this subsection, the term

14 ‘appropriate congressional committees’ includes the

15 Committee on Armed Services of the House of Rep16 resentatives and the Committee on Armed Services

17 of the Senate.’’.

18 SEC. 304. SPECIAL ENVOY FOR AFGHANISTAN-PAKISTAN

19 COOPERATION.

20 (a) STATEMENT OF POLICY.—Congress declares that

21 it is strongly in the national interest of the United States

22 that Afghanistan and Pakistan work together to address

23 common challenges hampering the stability, security, and

24 development of their region and to enhance their coopera25 tion.
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H.L.C.

1 (b) ESTABLISHMENT.—The President is authorized

2 to appoint a special envoy to promote closer cooperation

3 between Afghanistan and Pakistan.

4 (c) APPOINTMENT.—The special envoy—

5 (1) shall be appointed with the advice and con6 sent of the Senate and shall have the rank of Am7 bassador-at-Large; and

8 (2) may be appointed from among individuals

9 who are officials of the Department of State.

10 (d) DUTIES.—

11 (1) IN GENERAL.—The primary responsibility

12 of the special envoy shall be to coordinate United

13 States policy on issues relating to bilateral relations

14 between Afghanistan and Pakistan.

15 (2) ADVISORY ROLE.—The special envoy shall

16 advise the President and the Secretary of State, as

17 appropriate, and, in coordination with the Assistant

18 Secretary of State for South and Central Affairs,

19 shall make recommendations regarding effective

20 strategies and tactics to achieve United States policy

21 objectives to—

22 (A) stem cross-border terror activities;

23 (B) provide assistance to Afghan refugees

24 who repatriate from Pakistan;
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H.L.C.

1 (C) bolster people-to-people ties and eco2 nomic cooperation between Afghanistan and

3 Pakistan, including bilateral trade relations;

4 and

5 (D) offer comprehensive efforts to support

6 effective counter-narcotics strategies in Afghan7 istan and Pakistan.

8 SEC. 305. TRANSIT THROUGH PAKISTAN OF SHIPMENTS BY

9 INDIA IN SUPPORT OF RECONSTRUCTION EF10 FORTS IN AFGHANISTAN.

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

12 of the United States to use all appropriate means to en13 courage Pakistan to permit shipments by India of equip14 ment and material to Afghanistan in support of Indian

15 reconstruction and development projects in Afghanistan to

16 be transported across the territory of Pakistan and to re17 move any obstacles to such transportation.

18 (b) REPORT.—

19 (1) IN GENERAL.—Not later than 90 days after

20 the date of the enactment of this Act, and annually

21 thereafter until January 1, 2010, the President shall

22 transmit to the appropriate congressional commit23 tees a report on actions by Pakistan to permit or im24 pede transit of shipments described in subsection

25 (a). The report required by this subsection may be
105

73

H.L.C.

1 included in the report required by section 304 of the

2 Afghanistan Freedom Support Act of 2002 (as

3 amended by section 302 of this Act).

4 (2) SUNSET.—The requirement to transmit the

5 report under paragraph (1) shall cease to apply if

6 the President determines and transmits to the ap7 propriate congressional committees a determination

8 that India no longer needs to make shipments to Af9 ghanistan for the purposes described in subsection

10 (a).

11 SEC. 306. REAUTHORIZATION OF RADIO FREE AFGHANI12 STAN.

13 (a) FINDINGS.—Congress finds the following:

14 (1) Since January 30, 2002, RFE/RL, Incor15 porated (formerly known as Radio Free Europe/

16 Radio Liberty) has provided 12 hours of daily surro17 gate broadcasting services through Radio Free Af18 ghanistan in Dari and Pashto languages to the peo19 ple of Afghanistan.

20 (2) Radio Free Afghanistan is the leading

21 broadcaster in Afghanistan with an audience of

22 nearly 60 percent of the adult population.

23 (3) It is in the national interest to continue

24 Radio Free Afghanistan’s surrogate broadcasts to

25 Afghanistan in order to provide accurate news and
106

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H.L.C.

1 information, help give voice to ordinary Afghans,

2 and provide programs on the fundamentals of de3 mocracy.

4 (b) AUTHORIZATION OF APPROPRIATIONS.—For each

5 of the fiscal years 2008 through 2010, such sums as may

6 be necessary are authorized to be appropriated to the

7 Broadcasting Board of Governors for grants to support

8 12 hours of daily surrogate broadcasting services through

9 Radio Free Afghanistan in Dari and Pashto languages to

10 the people of Afghanistan.
107

Chairman LANTOS. I yield myself 5 minutes to explain this legislation. 

H.R. 2446 continues our bipartisan efforts to provide a serious 

and long-term commitment to the freedom, security and stability of 

Afghanistan. I am very pleased to have worked so closely with my 

good friend and colleague, the ranking member of this committee, 

Ms. Ros-Lehtinen, on this important legislation. 

Afghanistan is once again on the brink. Nearly 5 years since the 

9/11 attacks and the subsequent ousting of the Taliban and alQaeda from Afghanistan, the country runs a real risk of falling into 

the hands of the Taliban yet again. We cannot and we will not 

allow this to happen. We have come too far in our efforts in Afghanistan simply to stop cold now. This is not the first time Afghanistan has faced a turning point. Its people have been beset by 

turmoil and strife for many decades. This time, we aim to get it 

right. As we speak, the volatile southern part of Afghanistan is 

aflame with dangerous clashes between coalition-led forces and the 

insurgents. The rebel Taliban has reorganized and is threatening 

the very stability of the country. There are several problems that 

underscore the violence. 

The opium trade in Afghanistan is as strong as ever. Corruption, 

especially related to the drug trade, is rampant in the country. 

Basic infrastructure, health, energy, roads, and the rule of law are 

still sorely lacking. When the Speaker and I and some colleagues 

visited there recently, all of these issues were far too obvious to all 

of us. 

The United States has pledged its commitment to Afghanistan’s 

long-term stability and security. This bill is essential, urgent and, 

most importantly, represents the fulfillment of that promise. The 

first title of our bill provides much-needed assistance for health 

care, energy development, women and girls, assistance to combat 

corruption, and assistance for a crop substitution program to curtail poppy production. Under this section, the administration and 

all future ones will be required to certify whether any senior official in Afghanistan’s provincial and local government is involved in 

the illegal narcotics trade. Aid will be limited to such governments 

accordingly. The bill also requires the President to appoint a coordinator for our assistance policies, including counternarcotics, and 

it mandates accountability in the effort to eliminate corruption related to narcotics. 

Title 2 strongly bolsters security and policing in Afghanistan, authorizing the international security force beyond October 2007, and 

provides for further training of the Afghan military and police. It 

encourages greater participation from countries in the region, and 

it mandates the creation of a special drug interdiction team. I think 

we all now recognize that security in Afghanistan is intertwined 

with the fight against the narcotics trade. 

Title 3 ensures greater planning and accountability for the future 

of the country and fosters regional coordination. A structured blueprint for 2008 will be required. Reporting and evaluation measures 

will be expanded and extended. 

These are all crucial provisions for meeting benchmarks and assessing progress in Afghanistan. I want to repeat—we will not let 

Afghanistan fail. The world is watching us to see whether we have 
108

the resolve to fight the terrorist forces threatening Afghanistan to 

help maintain that country’s security and stability. 

I urge all of my colleagues to join me in showing support for this 

legislation. 

Now it is my pleasure to yield to my friend, the ranking member, 

the lead Republican, co-sponsor of this legislation, Ms. RosLehtinen. 

Ms. ROS-LEHTINEN. Thank you as always, Mr. Chairman. 

I would also like to voice my strong support for your bill, H.R. 

2446, the Afghanistan Freedom Support Act Reauthorization. This 

bill is a product of bipartisan cooperation on an issue of critical importance to our efforts to fight the scourge of Islamist terror worldwide. 

Since the year 2001, the people of Afghanistan with the support 

of the international community have developed one of the most 

moderate constitutions in the Islamic world, have participated in 

their first Presidential election, have selected a cabinet, have conducted a peaceful inauguration, have elected a Parliament, and 

have continued to fight off the Taliban and al-Qaeda elements. It 

is vital that we continue to provide critical reconstruction and security assistance to this fledgling democracy, a priority that we pursued in a bipartisan manner in this bill. 

One of the critical items in this legislation that we reached 

agreement on is prohibition on assistance to Afghan local and provincial government officials who, based on credible evidence, are 

found to be supporting Islamic terrorist activities, narcotics traffickers and producers, and other criminal activities. This important 

oversight provision will be instrumental in assuring that vital U.S. 

reconstruction assistance is properly allocated and utilized. 

I am particularly pleased that, together, we have worked to establish the means for developing a long overdue and coherent interdepartmental counternarcotics strategy that addresses the deadly 

and neglected illicit drug trade and its links to radical Islamic terrorism that imperil Afghanistan’s future. 

In February, I wrote to the administration on the need for 

across-the-board change in our policy on the illicit drug threat fueling the resurgence of the Taliban, attacks on our coalition troops 

and official corruption in Afghanistan. The bill before us incorporates many of the recommendations I proposed in this letter. The 

bill will prompt much-needed changes by mandating the appointment of a high-level, interdepartmental Afghan coordinator with 

emphasis on the development of a coherent, government-wide 

counter drug policy. This includes bringing the U.S. military into 

the fight, providing meaningful support of the Drug Enforcement 

Administration with an emphasis on interdiction and the extradition of major drug kingpins. I am pleased that we were able to 

come up with an agreement on the extension of the drawdown authority for military equipment, which promotes greater cooperation 

with the international security assistance force and other allies in 

Afghanistan. 

The bill ensures that there will be pretraining vetting of recruits 

of the Afghan police to help adequately assess a candidate’s aptitude, professional skills, integrity and other qualifications for law 

enforcement work before they enter the service. 
109

Finally, the bill ensures that strong United States allies, as the 

Colombian Antinarcotics Police Unit who have trained their Afghan 

counterparts both in Kabul and in Bogota, are able to and are encouraged to participate in Afghan counternarcotics operations 

where their skills and their years of experience can help us all with 

the discouragement of narcoterrorism. 

I witnessed firsthand this Colombian-Afghan counternarcotics cooperation and training earlier this month when I traveled with 

Congressman Hastert to a school in Espanola, Colombia. It is critical that we not only work together in this body to develop policies 

that address critical issues in Afghanistan, but we also must promote better coordination among our allies in our fight against 

jihadists in Afghanistan, throughout the region and beyond. 

Again, I thank Chairman Lantos for his cooperation on this 

measure, and I urge my colleagues to support this critical legislation. 

Chairman LANTOS. Thank you very much. 

I will call on Mr. Royce to make whatever comments he would 

like. 

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

I really want to thank you for including the reauthorization of 

Radio Free Afghanistan in this bill. I worked on that legislation for 

5 years prior to the death of Commander Mahsud and the attack 

on 9/11. After that, we were able to get the bill through, and we 

began the process of having these broadcasts in Dari and Pashtu 

to the people of Afghanistan. Today, 60 percent of the adult population listens to those broadcasts every day, and I think the fact 

that they focus on democracy and programs on health and programs on education—as bad as things are in Afghanistan today, I 

think that they would be a whole lot worse if we did not have that 

conduit for the free flow of information. We are usually first with 

the news on the ground, and there are 35 reporters. I have met 

with the reporters in Kabul and with some of the stringers from 

around the country when I was over there. They really have a commitment to freedom of information, and because people now can 

hear something besides Radio Sharia, I think we have got a hope 

for changing the attitudes of people in the countryside. 

So I thank you very much for the reauthorization of this act and 

for including it in this bill. 

Chairman LANTOS. Let me commend my friend from California 

for his leadership on Radio Free Afghanistan. 

Is there any other colleague who would like to make an opening 

statement? Are there any amendments? 

If not, further proceedings on this measure are postponed until 

the chair notes the presence of a reporting quorum. 

We have a series of noncontroversial bills on the agenda. It is the 

intention of the chair to consider these measures en bloc and, by 

unanimous consent, authorize the chair to seek consideration of the 

remaining 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. 

Are there any members who wish to be heard on any of the 

measures I am presenting en bloc? 
110

If not, 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 be deemed adopted. The list is as follows: S. 676, to provide for certain persons who may serve on the Board of Directors 

of the Inter-American Foundation; H. Con. Res. 21, calling on the 

United Nations Security Council to charge Iranian President 

Mahmoud Ahmadinejad with violating the 1948 Genocide Convention, as amended; H. Con. Res. 80, calling on the Government of 

Uganda and the Lord’s Resistance Army to recommit to a political 

solution to the conflict in northern Uganda, urging immediate and 

substantial U.S. support for the ongoing peace process and for 

other purposes, as amended; H. Con. Res. 151, noting the disturbing pattern of the killings of dozens of independent journalists 

in Russia over the last decade, as amended; H. Con. Res. 152, relating to the 40th anniversary of the Six-Day war and the reunification of the city of Jerusalem; H. Res. 137, honoring the life and 

six decades of public service of Jacob Birnbaum and especially his 

commitment to free Soviet Jews from religious, cultural and communal extinction, as amended; H. Res. 226, to recognize John Pehle 

for his contribution to the nation in helping to rescue Jews and 

other minorities from the Holocaust during World War II, as 

amended; H. Res. 233, recognizing over 200 years of sovereignty of 

the principality of Liechtenstein and for other purposes, as amended; H. Res. 295, recognizing the strong alliance between the Republic of Korea and the United States, as amended; H. Res. 395, supporting the ideas and values of the Olympic movement; H. Res. 

397, condemning violence in Estonia, expressing solidarity with 

their democratic government and the people of Estonia, as amended; H. Res. 412, expressing gratitude to Her Majesty Queen Elizabeth, II, and His Royal Highness Prince Philip, Duke of Edinburgh, 

for their State Visit to the United States and reaffirming the 

friendship that exists between the United States and the United 

Kingdom, as amended; H. Res. 418, recognizing and welcoming the 

delegation of Presidents and Prime Ministers from the Caribbean 

to Washington, D.C.; H. Res. 422, calling on the Government of the 

People’s Republic of China to use its unique influence and economic 

leverage to assist in stopping genocide and violence in Darfur, 

Sudan; and finally, H. Res. 430, calling for the Government of Iran 

to immediately release three dual American-Iranian citizens currently being held unjustly and illegally, as amended. 

[The information referred to follows:]
111

1

I

110TH CONGRESS

1ST SESSION S. 676

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 2007

Referred to the Committee on Foreign Affairs

AN ACT

To provide that the Executive Director of the Inter-American

Development Bank or the Alternate Executive Director

of the Inter-American Development Bank may serve on

the Board of Directors of the Inter-American Foundation.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
112

2

S 676 RFH

1 SECTION 1. AUTHORITY TO APPOINT EXECUTIVE DIREC2 TOR OR ALTERNATE EXECUTIVE DIRECTOR

3 OF THE INTER-AMERICAN DEVELOPMENT

4 BANK TO THE BOARD OF DIRECTORS OF THE

5 INTER-AMERICAN FOUNDATION.

6 The third sentence of section 401(g) of the Foreign

7 Assistance Act of 1969 (22 U.S.C. 290f(g)) is amended

8 to read as follows: ‘‘Three members of the Board shall

9 be appointed from among the following: officers or employ10 ees of agencies of the United States concerned with inter11 American affairs, the United States Executive Director of

12 the Inter-American Development Bank, or the Alternate

13 Executive Director of the Inter-American Development

14 Bank.’’.

Passed the Senate March 15, 2007.

Attest: NANCY ERICKSON,

Secretary.
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1

IV

110TH CONGRESS

1ST SESSION H. CON. RES. 21

Calling on the United Nations Security Council to charge Iranian President

Mahmoud Ahmadinejad with violating the 1948 Convention on the Prevention and Punishment of the Crime of Genocide and the United Nations Charter because of his calls for the destruction of the State of

Israel.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 9, 2007

Mr. ROTHMAN (for himself, Mr. KIRK, Mr. TOWNS, Mr. CROWLEY, Mr.

ENGEL, Mrs. MCCARTHY of New York, Ms. SCHAKOWSKY, Mr. JOHNSON

of Illinois, Mr. INGLIS of South Carolina, Mr. BURTON of Indiana, Ms.

BERKLEY, Mr. SESSIONS, Mr. PATRICK MURPHY of Pennsylvania, Mr.

FATTAH, Mr. CARNEY, Mr. MCNULTY, Mr. KLEIN of Florida, Mr.

MCCAUL of Texas, Mr. MANZULLO, Mr. ROHRABACHER, Mr. SAXTON,

and Mr. LEWIS of Georgia) submitted the following concurrent resolution;

which was referred to the Committee on Foreign Affairs

CONCURRENT RESOLUTION

Calling on the United Nations Security Council to charge

Iranian President Mahmoud Ahmadinejad with violating

the 1948 Convention on the Prevention and Punishment

of the Crime of Genocide and the United Nations Charter because of his calls for the destruction of the State

of Israel.

Whereas the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (commonly referred to as

the ‘‘Genocide Convention’’) defines genocide as, among
114

2

•HCON 21 IH

other things, the act of killing members of a national,

ethnic, racial, or religious group with the intent to destroy, in whole or in part, the targeted group, and it also

prohibits conspiracy to commit genocide, as well as ‘‘direct and public incitement to commit genocide’’;

Whereas Article 4 of the Genocide Convention provides that

individuals committing any of the listed genocidal crimes

shall be punished ‘‘whether they are constitutionally responsible rulers, public officials or private individuals’’;

Whereas 133 Member States of the United Nations have ratified the Genocide Convention and thereby pledged to

prosecute those individuals who violate its criteria for incitement to commit genocide, as well as those individuals

who commit genocide directly;

Whereas 61 years ago the United Nations was founded to

prevent another Holocaust, the Nazi genocide carried out

during World War II that resulted in the slaughter of 6

million Jews in Europe, from happening ever again;

Whereas Article 2, Section 4, of the United Nations Charter,

to which Iran has agreed as a Member State of the

United Nations, requires all Member States of the United

Nations to ‘‘refrain in their international relations from

the threat or use of force against the territorial integrity

or political independence of any state’’;

Whereas, on October 27, 2005, at the World Without Zionism Conference in Tehran, Iran, Iranian President

Mahmoud Ahmadinejad called for Israel to be ‘‘wiped off

the map’’, described Israel as ‘‘a disgraceful blot [on] the

face of the Islamic world’’, and declared that ‘‘[a]nybody

who recognizes Israel will burn in the fire of the Islamic

nation’s fury’’;
115

3

•HCON 21 IH

Whereas, on December 12, 2006, Iranian President

Mahmoud Ahmadinejad addressed a conference in

Tehran questioning the history of the Holocaust and said

that Israel would ‘‘soon be wiped out’’;

Whereas, on December 14, 2006, incoming United Nations

Secretary General Ban Ki-moon said that Iran’s calls for

Israel’s destruction and its dismissal of the Holocaust are

‘‘unacceptable’’, and expressed concern about the regional

and global security implications of Tehran’s nuclear program;

Whereas, on August 3, 2006, in a speech during an emergency meeting of Muslim leaders, Iranian President

Mahmoud Ahmadinejad stated that the Middle East

would be better off ‘‘without the existence of the Zionist

regime’’, called Israel an ‘‘illegitimate regime’’ with ‘‘no

legal basis for its existence’’, and accused the United

States of using Israel as a proxy to control the region

and its oil resources;

Whereas Iran funds, trains, and openly supports terrorist

groups, including Hamas, Hezbollah, and Islamic Jihad

among many others, that are determined to destroy

Israel;

Whereas, on December 14, 2001, the President of Iran’s Expediency Council, Ali Akbar Hashemi-Rafsanjani, threatened Israel with nuclear attack, saying, ‘‘[i]f one day, the

Islamic world is also equipped with weapons like those

that Israel possesses now, then the imperialists’ strategy

will reach a standstill because the use of even one nuclear

bomb inside Israel will destroy everything [in Israel],

while it will merely harm the Islamic world’’;
116

4

•HCON 21 IH

Whereas Iran has aggressively pursued a clandestine effort to

arm itself with nuclear weapons; and

Whereas the longstanding policy of the Iranian regime is

aimed at destroying the democratic State of Israel, the

only democracy in the Middle East and the most important strategic ally of the United States, which is confirmed by statements such as those made by Iranian

President Ahmadinejad and Council President

Rafsanjani, demonstrating the threat of a nuclear-armed

Iran: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That Congress—

3 (1) condemns, in the strongest terms, Iranian

4 President Mahmoud Ahmadinejad’s offensive re5 marks, contemptible statements, and reprehensible

6 policies aimed at the destruction of the State of

7 Israel;

8 (2) calls on the United Nations Security Coun9 cil to charge Iranian President Mahmoud

10 Ahmadinejad with violating the 1948 Convention on

11 the Prevention and Punishment of the Crime of

12 Genocide and Article 2, Section 4, of the United Na13 tions Charter;

14 (3) further calls on the United Nations Security

15 Council and all Member States of the United Na16 tions to consider measures to prevent Iran from ob17 taining nuclear weapons, which would be both a dan-
117

5

•HCON 21 IH

1 gerous violation of the Nuclear Non-Proliferation

2 Treaty and a potential means to the end of carrying

3 out President Mahmoud Ahmadinejad’s threats

4 against Israel; and

5 (4) reaffirms the unwavering strategic partner6 ship between the United States and Israel and re7 asserts the steadfast commitment of the United

8 States to defend the right of Israel to exist as a free

9 and democratic state.

Æ
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119
120
121
122
123
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1

IV

110TH CONGRESS

1ST SESSION H. CON. RES. 80

Calling on the Government of Uganda and the Lord’s Resistance Army

(LRA) to recommit to a political solution to the conflict in northern

Uganda and to recommence vital peace talks, and urging immediate

and substantial support for the ongoing peace process from the United

States and the international community.

IN THE HOUSE OF REPRESENTATIVES

MARCH 5, 2007

Mr. JOHNSON of Georgia (for himself, Mr. FORTENBERRY, Mr. PAYNE, Mr.

LEWIS of Georgia, Mr. SHULER, and Ms. JACKSON-LEE of Texas) submitted the following concurrent resolution; which was referred to the

Committee on Foreign Affairs

CONCURRENT RESOLUTION

Calling on the Government of Uganda and the Lord’s Resistance Army (LRA) to recommit to a political solution

to the conflict in northern Uganda and to recommence

vital peace talks, and urging immediate and substantial

support for the ongoing peace process from the United

States and the international community.

Whereas, for nearly two decades, the Government of Uganda

has been engaged in an armed conflict with the Lord’s

Resistance Army (LRA) that has resulted in up to

200,000 deaths from violence and disease and the displacement of more than 1,600,000 civilians from eastern

and northern Uganda.
125

2

•HCON 80 IH

Whereas former United Nations Undersecretary-General for

Humanitarian Affairs and Emergency Relief Coordinator

Jan Egeland has called the crisis in northern Uganda

‘‘the biggest forgotten, neglected humanitarian emergency in the world today’’;

Whereas Joseph Kony, the leader of the LRA, and several of

his associates have been indicted by the International

Criminal Court for war crimes and crimes against humanity, including rape, murder, enslavement, sexual enslavement, and the forced recruitment of an estimated

66,000 children;

Whereas the LRA is a severe and repeat violator of human

rights and has continued to attack civilians and humanitarian aid workers despite a succession of ceasefire agreements;

Whereas the Secretary of State has labeled the LRA ‘‘vicious

and cult-like’’ and designates it as a terrorist organization;

Whereas the 2005 Department of State report on the human

rights record of the Government of Uganda found that

‘‘security forces committed unlawful killings. . . and were

responsible for deaths as a result of torture’’ along with

other ‘‘serious problems,’’ including repression of political

opposition, official impunity, and violence against women

and children;

Whereas, in the 2004 Northern Uganda Crisis Response Act

(Public Law 108–283; 118 Stat. 912), Congress declared

its support for a peaceful resolution of the conflict in

northern and eastern Uganda and called for the United

States and the international community to assist in rehabilitation, reconstruction, and demobilization efforts;
126

3

•HCON 80 IH

Whereas the Cessation of Hostilities Agreement, which was

mediated by the Government of Southern Sudan and

signed by representatives of the Government of Uganda

and the LRA on August 20, 2006, and extended on November 1, 2006, requires both parties to cease all hostile

military and media offensives and asks the Sudan People’s Liberation Army to facilitate the safe assembly of

LRA fighters in designated areas for the duration of the

peace talks;

Whereas the Cessation of Hostilities Agreement is set to expire on February 28, 2007, and although both parties to

the agreement have indicated that they are willing to continue with the peace talks, no date has been set for resumption of the talks, and recent reports have suggested

that both rebel and Government forces are preparing to

return to war;

Whereas a return to civil war would yield disastrous results

for the people of northern Uganda and for regional stability, while peace in Uganda will bolster the fragile Comprehensive Peace Agreement in Sudan and de-escalate

tensions in the Democratic Republic of the Congo;

Whereas continuing violence and instability obstruct the delivery of humanitarian assistance to the people of northern Uganda and impede national and regional trade, development and democratization efforts, and counter-terrorism initiatives; and

Whereas the Senate unanimously passed Senate Resolution

366, 109th Congress, agreed to February 6, 2006, and

Senate Resolution 573, 109th Congress, agreed to September 19, 2006, calling on Uganda, Sudan, the United

States, and the international community to bring justice

and provide humanitarian assistance to northern Uganda
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•HCON 80 IH

and to support the successful transition from conflict to

sustainable peace, while the House of Representatives has

not yet considered comparable legislation: Now, therefore,

be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That Congress—

3 (1) disapproves of the LRA leadership’s incon4 sistent commitment to resolving the conflict in

5 Uganda peacefully;

6 (2) urges the Lord’s Resistance Army (LRA)

7 and the Government of Uganda to return to negotia8 tions in order to extend and expand upon the exist9 ing ceasefire and to recommit to pursuing a political

10 solution to this conflict;

11 (3) entreats all parties in the region to imme12 diately cease human rights violations and address,

13 within the context of a broader national reconcili14 ation process in Uganda, issues of accountability

15 and impunity for those crimes against humanity al16 ready committed;

17 (4) presses leaders on both sides of the conflict

18 in Uganda to renounce any intentions and halt any

19 preparations to resume violence and to ensure that

20 this message is clearly conveyed to armed elements

21 under their control; and
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•HCON 80 IH

1 (5) calls on the Secretary of State, the Admin2 istrator of the United States Agency for Inter3 national Development, and the heads of other simi4 lar governmental agencies and nongovernmental or5 ganizations within the international community to

6 continue and augment efforts to alleviate the hu7 manitarian crisis in northern Uganda and to support

8 a peaceful resolution to this crisis by publicly and

9 forcefully reiterating the preceding demands.

Æ
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AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H. CON. RES. 80

OFFERED BY MR. LANTOS OF CALIFORNIA

Strike the preamble and insert the following:

Whereas, for over two decades, the Government of Uganda

has been engaged in an armed conflict with the Lord’s

Resistance Army (LRA) that has resulted in up to

200,000 deaths from violence and disease and the displacement of more than 1,600,000 civilians from eastern

and northern Uganda.

Whereas former United Nations Undersecretary-General for

Humanitarian Affairs and Emergency Relief Coordinator

Jan Egeland has called the crisis in northern Uganda

‘‘the biggest forgotten, neglected humanitarian emergency in the world today’’;

Whereas Joseph Kony, the leader of the LRA, and several of

his associates have been indicted by the International

Criminal Court for war crimes and crimes against humanity, including rape, murder, enslavement, sexual enslavement, and the forced recruitment of an estimated

66,000 children;

Whereas the LRA is a severe and repeat violator of human

rights and has continued to attack civilians and humanitarian aid workers despite a succession of ceasefire agreements;
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2

H.L.C.

Whereas the Secretary of State has labeled the LRA ‘‘vicious

and cult-like’’ and designates it as a terrorist organization;

Whereas the 2006 Department of State report on the human

rights record of the Government of Uganda found that

‘‘security forces committed unlawful killings. . . and were

responsible for deaths as a result of torture’’ along with

other ‘‘serious problems,’’ including repression of political

opposition, official impunity, and violence against women

and children;

Whereas, in the 2004 Northern Uganda Crisis Response Act

(Public Law 108–283; 118 Stat. 912), Congress declared

its support for a peaceful resolution of the conflict in

northern and eastern Uganda and called for the United

States and the international community to assist in rehabilitation, reconstruction, and demobilization efforts;

Whereas the Cessation of Hostilities Agreement, which was

mediated by the Government of Southern Sudan and

signed by representatives of the Government of Uganda

and the LRA on August 20, 2006, and extended on November 1, 2006, requires both parties to cease all hostile

military and media offensives and asks the Sudan People’s Liberation Army to facilitate the safe assembly of

LRA fighters in designated areas for the duration of the

peace talks;

Whereas the Cessation of Hostilities Agreement expired on

February 28, 2007, without ever having been fully implemented, and though the parties resumed peace talks on

April 26, 2007, and signed a preliminary agreement on

May 2, 2007, they have not yet arrived at a sustainable

negotiated settlement and observers remain concerned
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3

H.L.C.

that hostilities between rebel and government forces could

resume;

Whereas a return to civil war would yield disastrous results

for the people of northern Uganda and for regional stability, while peace in Uganda will bolster the fragile Comprehensive Peace Agreement in Sudan and de-escalate

tensions in the Democratic Republic of the Congo; and

Whereas continuing violence and instability obstruct the delivery of humanitarian assistance to the people of northern Uganda and impede national and regional trade, development and democratization efforts, and counter-terrorism initiatives: Now, therefore, be it

Strike all after the resolving clause and insert the

following:

1 That the House of Representatives—

2 (1) disapproves of the Lord’s Resistance Army

3 (LRA) leadership’s inconsistent commitment to re4 solving the conflict in Uganda peacefully;

5 (2) urges the LRA and the Government of

6 Uganda to engage in good-faith negotiations to pur7 sue a political solution to this conflict;

8 (3) encourages all parties in the region to im9 mediately cease human rights violations and address,

10 within the context of a broader national reconcili11 ation process in Uganda, issues of accountability

12 and impunity for those crimes against humanity al13 ready committed;
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4

H.L.C.

1 (4) urges leaders on both sides of the conflict

2 in Uganda to renounce any intentions and halt any

3 preparations to resume violence and to ensure that

4 this message is clearly conveyed to armed elements

5 under their control; and

6 (5) calls on the Secretary of State, the Admin7 istrator of the United States Agency for Inter8 national Development, and the heads of other simi9 lar governmental agencies and nongovernmental or10 ganizations within the international community to

11 continue and augment efforts to alleviate the hu12 manitarian crisis in northern Uganda and to support

13 a peaceful resolution to this crisis by publicly and

14 forcefully reiterating the preceding demands.
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5

H.L.C.

Amend the title so as to read: ‘‘Concurrent resolution calling on the Government of Uganda and the Lord’s

Resistance Army (LRA) to recommit to a political solution to the conflict in northern Uganda by engaging in

good-faith negotiations, and urging immediate and substantial support for the ongoing peace process from the

United States and the international community.’’.
134
135
136
137
138
139

2

H.L.C.

left no suicide note and the circumstances surrounding

his death raised unanswered questions;

Whereas the cause of Mr. Safronov’s death remains undetermined;

Whereas, according to Reporters Without Borders, twentyone reporters have been murdered in Russia since March

2000 and many of those murders remain unsolved;

Whereas, according to Reporters Without Borders, Russia

was one of the six most dangerous countries for journalists to work in during 2006;

Whereas a number of those reporters who were murdered had

reported on alleged corruption, malfeasance and other

controversies at the federal, provincial and local levels of

government in Russia;

Whereas a number of those murdered had reported on alleged

human rights abuses by the Russian Government;

Whereas a number of those murdered had reported on the

Russian government’s conduct of the war in Chechnya,

which has involved numerous allegations of gross human

rights violations and corruption;

Whereas, if journalists are killed or silenced through undue

pressure with impunity, a vibrant and participatory civil

society sector cannot emerge and democratic developments are stalled; and

Whereas, according to the President of the International

News Safety Institute, ‘‘murder has become the easiest,

cheapest and most effective way of silencing troublesome

reporting, and the more the killers get away with it the

more the spiral of death is forced upwards’’: Now, therefore, be it
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H.L.C.

Amend the title so as to read: ‘‘Concurrent resolution noting the disturbing pattern of killings of numerous

independent journalists in Russia since 2000, and urging

Russian President Vladimir Putin to authorize cooperation with outside investigators in solving those murders.’’.
141
142

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H.L.C.

tile intent in the Sinai and in the Golan Heights, and

publicly threatened to destroy Israel;

Whereas in six days of war, Israel defeated those forces seeking its destruction and reunited the city of Jerusalem

which had been artificially divided for 19 years;

Whereas Jerusalem has been the focal point of Jewish religious devotion and the site of a continuous Jewish presence for over three millennia, with a Jewish majority

since at least 1896;

Whereas Jerusalem is also a holy city for the Christian and

Muslim faiths;

Whereas the vibrant Jewish population of the historic Old

City of Jerusalem was driven out by force during the

1948 Arab-Israeli War;

Whereas from 1948 to 1967 Jerusalem was a divided city,

and Israeli citizens of all faiths as well as Jews of all nationalities were denied access to holy sites in eastern Jerusalem, including the Old City, in which the Western

Wall and the Church of the Holy Sepulchre are located;

Whereas this year marks the 40th year that Jerusalem has

been administered as a unified city in which the rights

of all faiths have been respected;

Whereas the Jerusalem Embassy Act of 1995 (Public Law

104–45), which became law on November 8, 1995, states

as a matter of United States policy that Jerusalem

should remain the undivided capital of Israel; and

Whereas it is the policy of the United States to support a

peaceful, two-state solution to end the conflict between

Israel and the Palestinians: Now, therefore, be it
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3

H.L.C.

1 Resolved by the House of Representatives (the Senate

2 concurring), That Congress—

3 (1) congratulates the citizens of Israel on the

4 40th anniversary of the Six Day War in which Israel

5 defeated enemies aiming to destroy the Jewish

6 State;

7 (2) congratulates the residents of Jerusalem

8 and the people of Israel on the 40th anniversary of

9 the reunification of that historic city;

10 (3) commends those former combatant states of

11 the Six Day War, Egypt and Jordan, who in subse12 quent years had the wisdom and courage to embrace

13 a vision of peace and coexistence with Israel;

14 (4) commends Israel for its administration of

15 the undivided city of Jerusalem for the past 40

16 years, during which Israel has respected the rights

17 of all religious groups;

18 (5) reiterates its commitment to the provisions

19 of the Jerusalem Embassy Act of 1995 and calls

20 upon the President and all United States officials

21 to abide by its provisions;

22 (6) urges the Palestinians and Arab countries

23 to join with Israel in peace negotiations to resolve

24 the Arab-Israeli conflict, including realization of the
144

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H.L.C.

1 vision of two democratic states, Israeli and Pales2 tinian, living side-by-side in peace and security.
145

1

IV

110TH CONGRESS

1ST SESSION H. RES. 137

Honoring the life and six decades of public service of Jacob Birnbaum

and especially his commitment freeing Soviet Jews from religious, cultural, and communal extinction.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 7, 2007

Mr. NADLER (for himself, Mr. WEINER, Mr. BURTON of Indiana, Mr. WAXMAN, Mr. ENGEL, Mr. ACKERMAN, Mrs. MALONEY of New York, Mr.

COHEN, Mr. WEXLER, Mr. JOHNSON of Georgia, Mr. HOLT, Ms. KILPATRICK, and Mr. HASTINGS of Florida) submitted the following resolution; which was referred to the Committee on Foreign Affairs

RESOLUTION

Honoring the life and six decades of public service of Jacob

Birnbaum and especially his commitment freeing Soviet

Jews from religious, cultural, and communal extinction.

Whereas Jacob Birnbaum was born on December 10, 1926,

and December 10 is International Human Rights Day;

Whereas Birnbaum performed relief work with victims of

Nazi and Soviet totalitarianism from 1946 through 1951,

then worked with the disintegrating Jewish communities

of North Africa in the mid-1950s and early 1960s;

Whereas, in 1964, Birnbaum moved to New York and founded the Student Struggle for Soviet Jewry (SSSJ) on

April 27 of that year;
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•HRES 137 IH

Whereas four days later Birnbaum organized approximately

1,000 students who marched for four hours in front of

the Mission to the United Nations of the Soviet Union

on May 1, 1964, to begin the direct action public struggle

for Soviet Jewry;

Whereas the SSSJ utilized nonviolent methods, including

marches, rallies, publication of extensive educational materials, and meetings with government officials, to organize and activate students to take direct action in the

cause of freeing Soviet Jews trapped behind the Iron

Curtain, utilizing the slogan ‘‘Let My People Go’’;

Whereas, on April 4, 1965, Birnbaum organized the Jericho

March, in which students encircled the Soviet Mission

and sounded shofars from all around the building and

proceeded to rally at the United Nations;

Whereas, on April 12, 1965, petitions were presented at the

United Nations’s Isaiah Wall;

Whereas Birnbaum organized a Jericho Ride to Washington,

DC, on May 20, 1965, where he and the first SSSJ

chairman Rabbi Shlomo Riskin met with senior Soviet

diplomat Anatoly Myshkov, and thereafter the students

circled the Embassy of the Soviet Union to the sound of

shofars, then moved on to the Department of State for

a vigorous discussion, and finally arrived in Lafayette

Park in front of the White House for a rally addressed

by Members of Congress and the reading of an Appeal

to Conscience;

Whereas Birnbaum and his student steering committee organized approximately thirty events in SSSJ’s first two

years to awaken the Jewish community in New York and

beyond to the plight of Soviet Jews;
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•HRES 137 IH

Whereas Birnbaum’s important New York marches and rallies in the 1960s were the instrumental precursors of the

great Solidarity events of the 1970s organized by the

Greater New York Conference on Soviet Jewry under the

direction of Malcolm Hoenlein, the founding director;

Whereas Birnbaum has testified before committees of the

House of Representatives and the Senate and the Helsinki Commission;

Whereas Birnbaum advocated utilizing economic leverage at

a Congressional hearing as early as May 1965;

Whereas Birnbaum worked closely in the early 1970s with

Senator Henry Jackson, who introduced legislation linking United States trade benefits and capital flow to the

Soviet Union with increased Soviet emigration;

Whereas Birnbaum was one of the most persistent of those

individuals who fought for passage of the Jackson-Vanik

amendment to allow Soviet Jews and other East European Jews to escape oppression and religious, cultural,

and communal genocide in the Soviet bloc;

Whereas Birnbaum conducted a number of campaigns with

Presidents and Congress for the protection of Soviet Jewish underground self-education groups and organized a

delegation of the Synagogue Council of America to meet

with the Deputy Secretary of State in 1985;

Whereas Birnbaum received the Prophet in Our Time Award

in 1974 on the tenth anniversary of the SSSJ;

Whereas Birnbaum received the Yeshiva University Community Service Award in 1988 and the Freedom Award in

2004 from the Manhattan Beach Jewish Center;

Whereas Birnbaum was honored in 2004 by the Conference

of Presidents of Major American Jewish Organizations
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4

•HRES 137 IH

on the 40th anniversary of the initiation of the Soviet

Jewry movement;

Whereas during the 1990s Birnbaum was engaged in a number of interventions in the former Soviet republics of

Central Asia, especially Uzbekistan; and

Whereas Birnbaum continues to assist institutions for the

Jewish education of former Soviet Jews as part of his

‘‘Let My People Know’’ campaign: Now, therefore, be it

1 Resolved, That the House of Representatives honors

2 the life and six decades of public service of Jacob

3 Birnbaum and especially his commitment to freeing Soviet

4 Jews from religious, cultural, and communal extinction.

Æ
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1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H. RES. 137

OFFERED BY MR. LANTOS OF CALIFORNIA

Strike the preamble and insert the following:

Whereas Jacob Birnbaum was born on December 10, 1926,

and December 10 is International Human Rights Day;

Whereas Birnbaum performed relief work with victims of

Nazi and Soviet totalitarianism from 1946 through 1951,

then worked with the disintegrating Jewish communities

of North Africa in the mid-1950s and early 1960s;

Whereas, in 1964, Birnbaum moved to New York and founded the Student Struggle for Soviet Jewry (SSSJ) on

April 27 of that year;

Whereas four days later Birnbaum organized approximately

1,000 students who marched for four hours in front of

the Mission to the United Nations of the Soviet Union

on May 1, 1964, to begin the direct action public struggle

for Soviet Jewry;

Whereas the SSSJ utilized nonviolent methods, including

marches, rallies, publication of extensive educational materials, and meetings with government officials, to organize and activate students to take direct action in the

cause of freeing Soviet Jews trapped behind the Iron

Curtain, utilizing the slogan ‘‘Let My People Go’’;

Whereas, on April 4, 1965, Birnbaum organized the Jericho

March, in which students encircled the Soviet Mission
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2

H.L.C.

and sounded shofars from all around the building and

proceeded to rally at the United Nations;

Whereas, on April 12, 1965, petitions were presented at the

United Nations’s Isaiah Wall;

Whereas Birnbaum organized a Jericho Ride to Washington,

DC, on May 20, 1965, where he and the first SSSJ

chairman Rabbi Shlomo Riskin met with senior Soviet

diplomat Anatoly Myshkov, and thereafter the students

circled the Embassy of the Soviet Union to the sound of

shofars, then moved on to the Department of State for

a vigorous discussion, and finally arrived in Lafayette

Park in front of the White House for a rally addressed

by Members of Congress and the reading of an Appeal

to Conscience;

Whereas Birnbaum and his student steering committee organized approximately thirty events in SSSJ’s first two

years to awaken the Jewish community in New York and

beyond to the plight of Soviet Jews;

Whereas Birnbaum’s important New York marches and rallies in the 1960s were the instrumental precursors of the

great Solidarity events of the 1970s organized by the

Greater New York Conference on Soviet Jewry under the

direction of Malcolm Hoenlein, the founding director;

Whereas Birnbaum has testified before committees of the

House of Representatives and the Senate and the Helsinki Commission;

Whereas Birnbaum advocated utilizing economic leverage at

a Congressional hearing as early as May 1965;

Whereas Birnbaum worked closely in the early 1970s with

Senator Henry Jackson, who introduced legislation link-
151

3

H.L.C.

ing United States trade benefits and capital flow to the

Soviet Union with increased Soviet emigration;

Whereas Birnbaum was one of the most persistent of those

individuals who fought for passage of the Jackson-Vanik

amendment to allow Soviet Jews and other East European Jews to escape oppression and religious, cultural,

and communal extinction in the Soviet bloc;

Whereas Birnbaum conducted a number of campaigns with

Presidents and Congress for the protection of Soviet Jewish underground self-education groups and organized a

delegation of the Synagogue Council of America to meet

with the Deputy Secretary of State in 1985;

Whereas Birnbaum received the Prophet in Our Time Award

in 1974 on the tenth anniversary of the SSSJ;

Whereas Birnbaum received the Yeshiva University Community Service Award in 1988 and the Freedom Award in

2004 from the Manhattan Beach Jewish Center;

Whereas Birnbaum was honored in 2004 by the Conference

of Presidents of Major American Jewish Organizations

on the 40th anniversary of the initiation of the Soviet

Jewry movement;

Whereas during the 1990s Birnbaum was engaged in a number of interventions in the former Soviet republics of

Central Asia, especially Uzbekistan; and

Whereas Birnbaum continues to assist institutions for the

Jewish education of former Soviet Jews as part of his

‘‘Let My People Know’’ campaign: Now, therefore, be it
152

1

IV

110TH CONGRESS

1ST SESSION H. RES. 226

To recognize John Pehle for his contributions to the Nation in helping

rescue Jews and other minorities from the Holocaust during World

War II.

IN THE HOUSE OF REPRESENTATIVES

MARCH 7, 2007

Ms. WOOLSEY submitted the following resolution; which was referred to the

Committee on Foreign Affairs

RESOLUTION

To recognize John Pehle for his contributions to the Nation

in helping rescue Jews and other minorities from the

Holocaust during World War II.

Whereas approximately 6,000,000 Jews were slaughtered

pursuant to Adolf Hitler’s diabolical plan for the total extermination of the Jews during the reign of the Third

Reich, and even more would have perished had it not

been for the heroic efforts of John Pehle to persuade

President Franklin Roosevelt of the need for extraordinary measures;

Whereas, as a 33-year-old lawyer working in the Foreign

Funds Control unit of the Department of the Treasury

of the United States, John Pehle, along with his colleagues at the Department of the Treasury, worked to
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overcome bureaucratic inertia within the United States

Government during World War II in order to rescue

many Jews from the extermination camps of the Nazi

Holocaust;

Whereas, by researching and citing pertinent and overlooked

precedents, in December 1943, John Pehle was instrumental in helping secure the first license of communications in enemy-occupied territory and a remittance of

$25,000 that was issued by the United States Government to Gerhart Riegner, the representative of the World

Jewish Congress in Switzerland, for the rescue of Jews

in France and Romania;

Whereas, overcoming internal communication problems within

the United States Government, John Pehle provided critical information about the rapidly-worsening plight of deported Jews from many parts of Europe to his superiors—Secretary of the Treasury Henry Morgenthau, Jr.,

General Counsel Randolph Paul, and Assistant General

Counsel Josiah E. Dubois—and together they determined

to inform President Franklin Roosevelt of the urgent

need for corrective action;

Whereas John Pehle accompanied Secretary Morgenthau and

Randolph Paul to meet with President Franklin Roosevelt on January 16, 1944, to deliver a vitally important

document titled Personal Report to the President, which

Pehle, Morgenthau, and Paul were instrumental in compiling and which had first been entitled Report to the

Secretary on the Acquiescence of This Government in the

Murder of the Jews;

Whereas, on January 22, 1944, only 6 days after receiving

the Personal Report to the President, and in reaction to

it, President Franklin Roosevelt issued Executive Order
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•HRES 226 IH

9417, establishing the War Refugee Board, and appointed John Pehle as the Acting Executive Director of

the Board;

Whereas, thanks largely to the heroic efforts and unparalleled

persistence of John Pehle, it became the policy of the

United States Government to implement ‘‘the development of plans and programs . . . for (a) the rescue, transportation, maintenance, and relief of the victims of enemy

oppression, and (b) the establishment of havens of temporary refuge for such victims’’; Pehle became responsible directly to the President in implementing that policy

Government-wide;

Whereas, in one of his first official acts at the War Refugee

Board, John Pehle, on January 25, 1944, drafted an

overdue and critically important diplomatic cable, sent to

all United States embassies, consulates, and other diplomatic missions, that ordered ‘‘action be taken to forestall

the plot of the Nazis to exterminate the Jews and other

persecuted minorities in Europe’’;

Whereas, working with a staff of no more than 30 employees

in Washington, DC, Pehle spearheaded the development

of new programs to increase the flow of refugees from

Nazi persecution to neutral countries in Europe (Turkey,

Portugal, Switzerland, Spain, and Sweden), who, in turn,

would funnel them to Northern Africa, Palestine, and

North and South America, thus making room for new arrivals from Nazi-occupied territories;

Whereas, in 1944, Pehle and his colleagues in the War Refugee Board cleared the way for the International Red

Cross to provide food parcels to ‘‘stateless’’ civilians in

the internment camps, to support and protect 3,000,000

Allied and Axis prisoners of war, and to streamline Fed-
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•HRES 226 IH

eral licensing procedures for the transmission of funds to

pay for Red Cross relief supplies and rescue operations,

thus saving the lives of thousands of Jews and other internees;

Whereas President Franklin Roosevelt’s promotion of John

Pehle from Acting Executive Director to Executive Director of the War Refugee Board on March 24, 1944, coincided with the issuance of a direct warning at the presidential news conference on the same day, prepared by the

Board, that none of those who participated in the wholesale systematic murder of the Jews of Europe—‘‘one of

the blackest crimes of all history’’—shall go unpunished;

Whereas, in April 1944, at the direction of John Pehle, the

War Refugee Board urged all neutral nations to increase

their diplomatic missions in Hungary to help prevent the

accelerating deportation of Jews to Auschwitz, Birkenau,

and other Nazi extermination camps and begin providing

vital funding and other resources such as lists of corrupt

Hungarian passport officials, undercover anti-Nazis, and

other sympathizers to assist the ingenious and heroic

struggle of Raoul Wallenberg, whose extraordinary personal efforts resulted in the rescue of more than 100,000

Hungarian Jews from Nazi concentration camps; and

Whereas John Pehle spearheaded the valiant efforts of the

War Refugee Board, which was responsible for the direct

rescue of several hundred thousand men, women, and

children from the Holocaust and the sustenance of thousands of Holocaust survivors during 1944 and 1945, thus

breathing new life into the American tradition of helping

the oppressed and persecuted in the name of human decency: Now, therefore, be it

1 Resolved, That the House of Representatives—
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1 (1) honors the life and contributions of John

2 Pehle; and

3 (2) commends the actions of John Pehle that

4 rescued Jews and other minorities from the

5 Holocause during World War II.

Æ
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AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H. RES. 226

OFFERED BY MS. WOOLSEY OF CALIFORNIA

Strike the preamble and insert the following:

Whereassome 6,000,000 Jews were slaughtered pursuant to

Adolf Hitler’s diabolical plan for the total extermination

of the Jews during the Third Reich, and even more would

have perished had it not been for the efforts of a number

of United States government officials who spoke out

forcefully against American policy and persuaded President Franklin D. Roosevelt of the need for extraordinary

measures to save Jewish lives;

Whereas, on November 9, 1943 – the 5th anniversary of

Kristallnacht, when pogroms against Jews and the burning of synagogues and Jewish businesses and homes were

carried out throughout out Nazi Germany – identical

Congressional resolutions were introduced in both houses

of Congress calling for the creation of a United States

government commission ‘‘to formulate and effectuate a

plan of immediate action designed to save the surviving

Jewish people of Europe from extinction at the hands of

Nazi Germany’’;

Whereas the Senate version was introduced by Senator Guy

Gillette of Iowa with the support of Elbert Thomas of

Utah and Edwin Johnson of Colorado and was unanimously approved in the Senate Foreign Relations Committee on December 20 and scheduled for a full Senate

vote in early 1944;
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H.L.C.

Whereas the House version was introduced by representative

Will Rogers, Jr., of California and extensive hearings on

the resolution were held by the House Foreign Affairs

Committee;

Whereas United States government agencies were receiving

extensive credible information about the extent of Nazi

atrocities against the Jews and other minorities in Europe, nevertheless, the policy of the United States as developed and implemented in the Department of State opposed American government action to save the lives of

Jewish and other minorities who were being systematically exterminated by the Nazi German government;

Whereas in 1943 and early 1944, an extraordinary group of

officials at the United States Department of Treasury

sought to change those policies and Secretary of the

Treasury Henry Morgenthau directed the preparation of

a memorandum to the President of the United States

urging more direct and forceful American action to aid

Jewish victims of the Nazi atrocities, and this document,

prepared by Josiah DuBois, Jr. Assistant General Counsel of the Treasury Department, and John Pehle, a 33-

year-old attorney in the Foreign Funds Control unit of

the Treasury Department, was presented to President

Franklin D. Roosevelt by Secretary Morgenthau, Randolph Paul and Pehle on January 16, 1944;

Whereas President Roosevelt signed Executive Order 9417 on

January 22, 1944, affirming that ‘‘it is the policy of this

Government to take all measures within its power to rescue the victims of enemy oppression who are in imminent

danger of death and otherwise afford such victims all

possible relief and assistance consistent with the successful prosecution of the war’’ and creating the War Ref-
159

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H.L.C.

ugee Board, composed of the Secretaries of State, Treasury and War, to carry out this policy;

Whereas John Pehle was appointed the Acting Executive Director and subsequently Executive Director of the Board

and Josiah DuBois was appointed General Counsel of the

Board;

Whereas on January 25, 1944, the Board issued a critically

important diplomatic cable to all United States diplomatic missions abroad ordering that ‘‘action be taken to

forestall the plot of the Nazis to exterminate the Jews

and other persecuted minorities in Europe’’ and developed new programs to increase the flow of Jewish and

other refugees from Nazi persecution to neutral countries

in Europe, including Turkey, Portugal, Switzerland,

Spain, and Sweden, from where they were assisted to go

to North Africa, Palestine and North and South America;

Whereas the Board assisted the International Red Cross to

provide food parcels to ‘‘stateless’’ civilians in internment

camps, to support and protect some 3,000,000 Allied and

Axis prisoners of war, and to streamline Federal licensing

procedures for the transmission of funds to pay for Red

Cross relief supplies and rescue operations, thus saving

the lives of thousands of Jews and other internees;

Whereas, in April 1944, John Pehle, on behalf of the War

Refugee Board, urged all neutral nations to increase

their diplomatic representation in Hungary to help prevent the accelerating deportation of Jews to AuschwitzBirkenau and other Nazi extermination camps and to

begin providing vital funding and other resources to assist in saving Hungarian Jews from concentration and

extermination camps;
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Whereas the War Refugee Board sought out Swedish citizen

Raoul Wallenberg and, with the support of the Swedish

government and its legation in Budapest, supported one

of the most extensive and successful rescue efforts during

the Holocaust; and

Whereas subsequent academic have studies credited the War

Refugee Board with rescuing as many as 200,000 Jews

from Nazi occupied countries through the efforts of

Wallenberg and others: Now, therefore, be it

Strike all after the resolving clause and insert the

following:

1 That the House of Representatives—

2 (1) honors the efforts and contributions of

3 those who worked for the establishment of the War

4 Refugee Board and for a more active United States

5 policy to rescue Jews and other victims of Nazi re6 pression who were in imminent danger of death and

7 to provide these persecuted minorities with relief and

8 assistance during World War II; and

9 (2) commends in particular the actions of Sec10 retary of Treasury Henry Morgenthau, Josiah

11 DuBois, and John Pehle for their dedication and de12 votion to helping rescue Jews and other persecuted

13 minorities in the Holocaust.
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Amend the title so as to read: A bill ‘‘to recognize

American government officials who played a critical role

in the creation and activity of the War Refugee Board in

an effort to help rescue Jews and other persecuted minorities during the Holocaust’’.
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IV

110TH CONGRESS

1ST SESSION H. RES. 233

Recognizing over 200 years of sovereignty of the Principality of Liechtenstein,

and expressing support for efforts by the United States continue to

strengthen its relationship with that country.

IN THE HOUSE OF REPRESENTATIVES

MARCH 9, 2007

Mr. STEARNS (for himself and Mr. LANTOS) submitted the following

resolution; which was referred to the Committee on Foreign Affairs

RESOLUTION

Recognizing over 200 years of sovereignty of the Principality

of Liechtenstein, and expressing support for efforts by

the United States continue to strengthen its relationship

with that country.

Whereas Liechtenstein is nestled between Switzerland and

Austria in the Upper Rhine valley of the European Alps,

and is one of only two landlocked countries in the world

surrounded by other landlocked countries;

Whereas Liechtenstein has approximately 35,000 inhabitants,

primarily Roman Catholics of German ethnicity;

Whereas the modern country of Liechtenstein once formed

part of the ancient Roman province of Rhaetia;
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•HRES 233 IH

Whereas, in 1806, Napoleon dissolved the Holy Roman Empire, and Liechtenstein became a sovereign country for

the first time;

Whereas after World War II, Liechtenstein’s advantageously

low corporate tax rates drew many companies to the

country;

Whereas Liechtenstein is a constitutional hereditary monarchy on a democratic and parliamentary basis, headed

by its ruling Prince, called ‘‘Fu ̈rst’’;

Whereas the parliament of Liechtenstein, the ‘‘Landtag’’,

consists of 25 representatives, elected for four year terms

by proportional representation in two multi-seat constituencies, ten representing the lowland area and 15 representing the highland area;

Whereas Liechtenstein maintains a strong system of checks

and balances between the legislative, executive, and judicial branches of government;

Whereas Liechtenstein’s system vests significant power within

the monarchy, bolstered by a popular referendum in

March 2004 where 64 percent supported the Prince’s

powers;

Whereas Liechtenstein achieved female suffrage on July 1,

1984, voting in a referendum to grant women the right

to vote in national elections;

Whereas, in just the last 60 years, Liechtenstein developed

from a mainly agrarian country to one of the most highly

industrialized countries in the world;

Whereas despite its small geographic area and limited natural

resources, Liechtenstein has a prosperous, highly industrialized, free-enterprise economy, and boasts a surprisingly strong financial service sector;
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•HRES 233 IH

Whereas low business and income taxes, as well as relatively

simple rules of incorporation and a tradition of strict

bank secrecy, have induced about 70,000 holding companies to set up offices in Liechtenstein;

Whereas, since 1999, the United States has been the most

important export market for members of the Liechtenstein Chamber of Commerce and Industry, totaling

$561 million;

Whereas since the signing of a customs treaty in 1923,

Liechtenstein and Switzerland have represented one mutual economic area;

Whereas Liechtenstein also uses the Swiss franc as its national currency, and Swiss customs officers secure

Liechtenstein’s border with Austria;

Whereas Liechtenstein has been a member of the European

Economic Area since May 1995 and is working to harmonize its economic policies more closely with the European Union;

Whereas Liechtenstein abolished its military in 1868 and has

exercised neutrality in its foreign affairs; and

Whereas Liechtenstein is an active member in international

organizations such as the Organization for Security and

Cooperation in Europe, the World Trade Organization,

the International Court of Justice, and the United Nations: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) recognizes over 200 years of sovereignty of

3 the Principality of Liechtenstein; and
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•HRES 233 IH

1 (2) expresses its support for efforts by the

2 United States to continue to strengthen its relation3 ship with that country.

Æ
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AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.RES. 233

OFFERED BY MR. LANTOS OF CALIFORNIA

Strike the preamble and insert the following:

Whereas in 1806, Napoleon dissolved the Holy Roman Empire and Liechtenstein became a sovereign country;

Whereas Liechtenstein is nestled between Switzerland and

Austria in the Upper Rhine valley of the European Alps,

and is one of only two doubly landlocked countries in the

world;

Whereas Liechtenstein has approximately 35,000 inhabitants,

primarily Roman Catholics of German ethnicity;

Whereas Liechtenstein maintains a strong system of checks

and balances between the legislative, executive, and judicial branches of government;

Whereas Liechtenstein is a constitutional hereditary monarchy, whose powers were expanded through a popular

referendum in March 2004 in which 64 percent of citizens approved a new constitution;

Whereas the parliament of Liechtenstein, the ‘‘Landtag’’,

consists of 25 representatives elected for four year terms

by proportional representation in two multi-seat constituencies, 10 representing the lowland area and 15 representing the highland area;

Whereas after World War II, on the basis of Liechtenstein’s

advantageous corporate tax laws and its Customs Union

with Switzerland, an industrial upswing transformed
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H.L.C.

Liechtenstein from a poor agricultural state to a modern

society;

Whereas despite its small geographic area and limited natural

resources, Liechtenstein has a prosperous, highly industrialized, free-enterprise economy with manufacturing as

its leading economic sector, complemented by a robust financial sector;

Whereas Liechtenstein has been a member of the European

Economic Area since May 1995 and is working to harmonize its economic policies more closely with the European Union;

Whereas Liechtenstein companies have a considerable manufacturing, sales and service presence in the United

States, which has resulted in the creation of over 4500

jobs;

Whereas since 1999, the United States has been the most important export market for members of the Liechtenstein

Chamber of Commerce and Industry, totaling

$521,000,000 in 2005;

Whereas the Mutual Legal Assistance Treaty between the

United States and the Principality of Liechtenstein,

which entered into force in August of 2003, has resulted

in an enhanced pursuit of criminals and terrorists;

Whereas in cooperation with the United States-led coalition

after the fall of Saddam Hussein in 2003, Liechtenstein

froze assets of the former Iraqi regime, which resulted,

among other things, in the return of a Falcon Jet 50 to

the Iraqi people;

Whereas in collaboration with experts from the United

States, the Liechtenstein Institute on Self-Determination

at Princeton University seeks to raise awareness about
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H.L.C.

issues pertaining to self-determination, self-governance

and sovereignty through teaching, research and publications;

Whereas Liechtenstein abolished its military in 1868 and has

exercised neutrality in its foreign affairs; and

Whereas Liechtenstein is an active member in international

organizations such as the United Nations, the World

Trade Organization, and the Organization for Security

and Cooperation in Europe: Now, therefore, be it
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IV

110TH CONGRESS

1ST SESSION H. RES. 295

Recognizing the strong alliance between the Republic of Korea and the United

States and expressing appreciation to the Republic of Korea for its

efforts in the global war against terrorism.

IN THE HOUSE OF REPRESENTATIVES

MARCH 30, 2007

Mr. KING of New York (for himself, Mr. ACKERMAN, Mr. FOSSELLA, Mr.

GILLMOR, Mr. MCCOTTER, Mr. MARIO DIAZ-BALART of Florida, Mr.

TOWNS, and Mr. BISHOP of New York) submitted the following resolution; which was referred to the Committee on Foreign Affairs

RESOLUTION

Recognizing the strong alliance between the Republic of

Korea and the United States and expressing appreciation

to the Republic of Korea for its efforts in the global

war against terrorism.

Whereas for more than 50 years since the outbreak of the

Korean War, a close relationship has existed between the

United States and the Republic of Korea, which has been

of enormous economic, cultural, and strategic advantage

to both nations;

Whereas President George W. Bush and President Roh Moo

Hyun have demonstrated their mutual willingness to

forge a deeper alliance between the United States and the

Republic of Korea to enhance stability in East Asia;
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•HRES 295 IH

Whereas the 37,000 United States troops, who are stationed

in the Republic of Korea, serve as a testament to the enduring strength of the 1953 U.S.–R.O.K. Mutual Defense Treaty;

Whereas the foundation of the relationship between the

United States and the Republic of Korea rests on a

shared interest in and commitment to peace, democracy,

and freedom on the Korean Peninsula, in Asia, and

throughout the world;

Whereas since February 2006, the Republic of Korea and the

United States have been conducting negotiations to

achieve a free trade agreement that would deepen economic ties and boost trade and investment for both nations;

Whereas the Republic of Korea and the United States are

both deeply committed to the Six Party Talks and have

a mutual interest in keeping the Korean Peninsula free

of nuclear weapons;

Whereas the Republic of Korea has 2,300 personnel deployed

in Iraq, constituting the third largest coalition contingent

in Iraq behind the United States and the United Kingdom;

Whereas the Republic of Korea has 200 troops deployed in

Afghanistan; and

Whereas the Republic of Korea has pledged $260,000,000 toward reconstruction and stabilization in postwar Iraq:

Now, therefore, be it

1 Resolved, That the House of Representatives recog2 nizes the strong alliance between the Republic of Korea

3 and the United States and expresses appreciation to the
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•HRES 295 IH

1 Republic of Korea for its efforts in the global war against

2 terrorism.

Æ
172
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H.L.C.

Whereas the Republic of Korea has more than 1,200 armed

services personnel deployed in Iraq, constituting the third

largest coalition contingent in Iraq behind the United

States and the United Kingdom;

Whereas the Republic of Korea has more than 200 armed

services personnel deployed in Afghanistan; and

Whereas the Republic of Korea has pledged $460,000,000 toward reconstruction and stabilization in postwar Iraq:

Now, therefore, be it

Strike all after the resolving clause and insert the

following:

1 That the House of Representatives recognizes the strong

2 alliance between the Republic of Korea and the United

3 States and expresses appreciation to the Republic of

4 Korea for its contributions to international efforts to com5 bat terrorism.
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H.L.C.

Amend the title so as to read: A resolution ‘‘Recognizing the strong alliance between the Republic of Korea

and the United States and expressing appreciation to the

Republic of Korea for its contributions to international

efforts to combat terrorism.’’.
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IV

110TH CONGRESS

1ST SESSION H. RES. 395

Supporting the ideals and values of the Olympic movement.

IN THE HOUSE OF REPRESENTATIVES

MAY 10, 2007

Mr. LAMBORN (for himself, Ms. DEGETTE, Mr. SALAZAR, Mr. TANCREDO,

Mrs. MUSGRAVE, Mr. UDALL of Colorado, Mr. PERLMUTTER, Mr. FILNER, Mrs. GILLIBRAND, and Mr. STUPAK) submitted the following resolution; which was referred to the Committee on Foreign Affairs

RESOLUTION

Supporting the ideals and values of the Olympic movement.

Whereas, for over 100 years, the Olympic movement has built

a more peaceful and better world by educating young

people through athletics, by bringing together athletes

from many countries in friendly competition, and by forging new relationships bound by friendship, solidarity,

sportsmanship, and fair play;

Whereas the United States Olympic Committee is dedicated

to coordinating and developing athletic activity in the

United States to foster productive working relationships

among sports-related organizations;

Whereas the United States Olympic Committee promotes and

supports athletic activities involving the United States

and foreign nations;
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2

•HRES 395 IH

Whereas the United States Olympic Committee promotes and

encourages physical fitness and public participation in

athletic activities;

Whereas the United States Olympic Committee assists organizations and persons concerned with sports in the development of athletic programs for able-bodied and disabled

athletes regardless of age, race, or gender;

Whereas the United States Olympic Committee protects the

opportunity of each athlete, coach, trainer, manager, administrator, and official to participate in athletic competition;

Whereas the United States Olympic Training Centers in Colorado, California, New York, Michigan, and Alabama are

dedicated to the development of Olympic athletes;

Whereas athletes representing the United States at the Olympic games have achieved great success personally and for

the Nation;

Whereas thousands of men and women of the United States

are focusing their energy and skill on becoming part of

the United States Olympic team and aspire to compete

in the 2008 Olympic games;

Whereas the Nation takes great pride in the qualities of commitment to excellence, grace under pressure, and good

will toward other competitors exhibited by the athletes of

the United States Olympic team; and

Whereas June 23, 2007 is the anniversary of the founding

of the modern Olympic movement, representing the date

on which the Congress of Paris approved the proposal of

Pierre de Coubertin to found the modern Olympic games:

Now, therefore, be it

1 Resolved, That the House of Representatives—
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•HRES 395 IH

1 (1) supports the ideals and values of the Olym2 pic movement;

3 (2) calls upon the President to issue a procla4 mation recognizing the anniversary of the founding

5 of the modern Olympic movement; and

6 (3) calls upon the people of the United States

7 to observe such anniversary with appropriate cere8 monies and activities.

Æ
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1

IV

110TH CONGRESS

1ST SESSION H. RES. 397

Condemning violence in Estonia and attacks on Estonia’s embassies in 2007,

and expressing solidarity with the Government and the people of Estonia.

IN THE HOUSE OF REPRESENTATIVES

MAY 10, 2007

Mr. SHIMKUS (for himself, Mrs. BONO, Mr. CAMP of Michigan, Mr. NEAL of

Massachusetts, Mr. FEENEY, Mr. COSTA, Mr. GALLEGLY, Mr. HOLDEN,

Mr. KILDEE, Mr. KING of Iowa, Mr. MCCOTTER, Mrs. MILLER of Michigan, Mr. PASCRELL, Mr. ROGERS of Michigan, Mr. PITTS, Mr. SMITH

of New Jersey, Mr. STUPAK, Mr. UPTON, Mr. SHUSTER, and Mr.

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

Committee on Foreign Affairs

RESOLUTION

Condemning violence in Estonia and attacks on Estonia’s

embassies in 2007, and expressing solidarity with the

Government and the people of Estonia.

Whereas, on April 27, 2007, the Bronze Soldier Soviet monument in central Tallinn was moved to a prominent location in the Garrison Military Cemetery as a result of a

decision by the Government of Estonia;

Whereas the Government of Estonia communicated its reasons for this decision to the Government of the Russian

Federation and offered to work with Russian officials

during the process, which the Russian officials declined

to do;
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•HRES 397 IH

Whereas, on April 27, 2007, a crowd of more than 1,000

demonstrators gathered at the site of the memorial and

riots broke out across Tallinn;

Whereas more than 153 people were injured as a result of

the riots, and one died as a result of stabbing by another

rioter;

Whereas several stores in Tallinn and surrounding villages

were looted as a result of the riots, and a statue of an

Estonian general was set on fire;

Whereas, since April 27, 2007, the Government of Estonia

has reported several cyber-attacks on its official lines of

communication, including those of the Office of the President;

Whereas, on April 28, 2007, and in days following, the Embassy of Estonia in Moscow was surrounded by angry

protesters who demanded the resignation of the Government of Estonia, tore down the flag of Estonia from the

Embassy building, and subjected Embassy officials inside

the building to violence and vandalism;

Whereas, on April 30, 2007, a delegation of the State Duma

of the Russian Federation visited Estonia and issued an

official statement at the Embassy of the Russian Federation in Estonia that ‘‘the government of Estonia must

step down’’;

Whereas, on May 2, 2007, the Ambassador of Estonia to the

Russian Federation was physically attacked by protesters

and members of youth groups during an official press

conference;

Whereas, on May 2, 2007, the Swedish Ambassador to the

Russian Federation was attacked as he left the Embassy

of Estonia in Moscow, and his car was damaged by a
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•HRES 397 IH

crowd, resulting in a formal protest to the Russian Federation by the Swedish Foreign Ministry;

Whereas the Government of Estonia has reported other coordinated attacks against Estonian embassies in Helsinki,

Oslo, Copenhagen, Stockholm, Riga, Prague, Kiev, and

Minsk, and the Estonian Consulate in St. Petersburg;

Whereas, on May 2, 2007, Prime Minister of Estonia Andrus

Ansip stated that a ‘‘sovereign state is under a heavy attack’’ and that the events constitute ‘‘a well-coordinated

and flagrant intervention with the internal affairs of Estonia’’;

Whereas, on May 2, 2007, the public prosecutor’s office of

Estonia initiated an investigation into the cyber-attacks

against Internet servers in Estonia and requested cooperation from the Russian Federation to identify the

source of the attacks;

Whereas, on May 2, 2007, the European Commission expressed its solidarity with Estonia and urged Russia to

respect its obligations to the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and end

the blockade of the Embassy of Estonia in Moscow; and

Whereas the Embassy of Estonia in Russia has been closed

since April 27, 2007, and Estonia has suspended consular services to Moscow because conditions remain unsafe for Embassy officials: Now, therefore, be it

1 Resolved, That—

2 (1) it is the sense of the House of Representa3 tives that the Soviet Union’s brutal, decades-long oc4 cupation of Estonia was illegal, illegitimate, and a
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•HRES 397 IH

1 patent violation of Estonia’s sovereignty and right to

2 self-determination; and

3 (2) the House of Representatives—

4 (A) expresses its strong support for Esto5 nia as a sovereign state and a member of the

6 North Atlantic Treaty Organization (NATO)

7 and the Organization of Security and Coopera8 tion in Europe (OSCE) as it deals with matters

9 internal to its country;

10 (B) condemns recent acts of violence, van11 dalism, and looting that have taken place in Es12 tonia;

13 (C) condemns the attacks and threats

14 against Estonia’s embassies and officials in

15 Russia and other countries;

16 (D) urges all activists involved to express

17 their views peacefully and reject violence;

18 (E) honors the sacrifice of all those, in19 cluding soldiers of the Red Army, that gave

20 their lives in the fight to defeat Nazism;

21 (F) condemns any and all efforts to cal22 lously exploit the memory of the victims of the

23 Second World War for political gain;

24 (G) supports the efforts of the Government

25 of Estonia to initiate a dialogue with appro-
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1 priate levels of the Government of the Russian

2 Federation to resolve the crisis peacefully and

3 to sustain cooperation between their two sov4 ereign, independent states; and

5 (H) urges the governments of all

6 countries—

7 (i) to condemn the violence that has

8 occurred in Estonia, Moscow, and else9 where in 2007 and to urge all parties to

10 express their views peacefully;

11 (ii) to assist the Government of Esto12 nia in its investigation into the source of

13 cyber-attacks; and

14 (iii) to fulfill their obligations under

15 the Vienna Convention on Diplomatic Rela16 tions, done at Vienna April 18, 1961.

Æ
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AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H. RES. 397

OFFERED BY MR. LANTOS OF CALIFORNIA

Strike the preamble and insert the following:

Whereas, on April 27, 2007, a crowd of more than 1,000 proRussian demonstrators gathered in Tallinn and riots

broke out across the city;

Whereas more than 153 people were injured as a result of

the pro-Russian riots, and one died as a result of stabbing by another rioter;

Whereas several stores in Tallinn and surrounding villages

were looted as a result of the riots, and a statue of an

Estonian general was set on fire;

Whereas, since April 27, 2007, the Government of Estonia

has reported several cyber-attacks on its official lines of

communication, including those of the Office of the President;

Whereas, on April 28, 2007, and in days following, the Embassy of Estonia in Moscow was surrounded by angry

protesters who demanded the resignation of the Government of Estonia, tore down the flag of Estonia from the

Embassy building, and subjected Embassy officials inside

the building to violence and vandalism;

Whereas, on April 30, 2007, a delegation of the State Duma

of the Russian Federation visited Estonia and issued an

official statement at the Embassy of the Russian Federa-
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H.L.C.

tion in Estonia that ‘‘the government of Estonia must

step down’’;

Whereas, on May 2, 2007, the Ambassador of Estonia to the

Russian Federation was physically attacked by protesters

and members of youth groups during an official press

conference;

Whereas, on May 2, 2007, the Swedish Ambassador to the

Russian Federation was attacked as he left the Embassy

of Estonia in Moscow, and his car was damaged by a

crowd, resulting in a formal protest to the Russian Federation by the Swedish Foreign Ministry;

Whereas the Government of Estonia has reported other coordinated attacks against Estonian embassies in Helsinki,

Oslo, Copenhagen, Stockholm, Riga, Prague, Kiev, and

Minsk, and the Estonian Consulate in St. Petersburg;

Whereas, on May 2, 2007, Prime Minister of Estonia Andrus

Ansip stated that a ‘‘sovereign state is under a heavy attack’’ and that the events constitute ‘‘a well-coordinated

and flagrant intervention with the internal affairs of Estonia’’;

Whereas, on May 2, 2007, the public prosecutor’s office of

Estonia initiated an investigation into the cyber-attacks

against Internet servers in Estonia and requested cooperation from the Russian Federation to identify the

source of the attacks;

Whereas, on May 2, 2007, the European Commission expressed its solidarity with Estonia and urged Russia to

respect its obligations to the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and end

the blockade of the Embassy of Estonia in Moscow; and
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H.L.C.

Whereas the Embassy of Estonia in Russia has been closed

since April 27, 2007, and Estonia has suspended consular services to Moscow because conditions remain unsafe for Embassy officials: Now, therefore, be it

Strike all after the resolving clause and insert the

following:

1 That the House of Representatives—

2 (1) expresses its strong support for Estonia as

3 a sovereign state and a member of the North Atlan4 tic Treaty Organization (NATO) and the Organiza5 tion of Security and Cooperation in Europe (OSCE)

6 as it deals with matters internal to its country;

7 (2) condemns recent acts of violence, vandalism,

8 and looting that have taken place in Estonia;

9 (3) condemns the attacks and threats against

10 Estonia’s embassies and officials in Russia and

11 other countries;

12 (4) urges all activists involved to express their

13 views peacefully and reject violence;

14 (5) honors the sacrifice of all those, including

15 soldiers of the Red Army, that gave their lives in the

16 fight to defeat Nazism;

17 (6) condemns any and all efforts to callously ex18 ploit the memory of the victims of the Second World

19 War for political gain;
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H.L.C.

1 (7) supports the efforts of the Government of

2 Estonia to initiate a dialogue with appropriate levels

3 of the Government of the Russian Federation to re4 solve the crisis peacefully and to sustain cooperation

5 between their two sovereign, independent states; and

6 (8) urges the governments of all countries—

7 (A) to condemn the violence that has oc8 curred in Estonia, Moscow, and elsewhere in

9 2007 and to urge all parties to express their

10 views peacefully;

11 (B) to assist the Government of Estonia in

12 its investigation into the source of cyber-at13 tacks; and

14 (C) to fulfill their obligations under the Vi15 enna Convention on Diplomatic Relations, done

16 at Vienna April 18, 1961.
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IV

110TH CONGRESS

1ST SESSION H. RES. 412

Expressing gratitude to Her Majesty Queen Elizabeth II and His Royal

Highness, Prince Philip, Duke of Edinburgh, for their State Visit to

the United States and reaffirming the friendship that exists between

the United States and the United Kingdom.

IN THE HOUSE OF REPRESENTATIVES

MAY 17, 2007

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

Committee on Foreign Affairs

RESOLUTION

Expressing gratitude to Her Majesty Queen Elizabeth II

and His Royal Highness, Prince Philip, Duke of Edinburgh, for their State Visit to the United States and

reaffirming the friendship that exists between the United

States and the United Kingdom.

Whereas Her Majesty Queen Elizabeth II and His Royal

Highness Prince Philip, Duke of Edinburgh, traveled to

the United States for a State Visit from May 3 to May

8, 2007, celebrating the special relationship that exists

between the United States and the United Kingdom;

Whereas the United States and the United Kingdom enjoy a

trans-Atlantic friendship sustained by a commitment to

democratic traditions, liberty, and the spread of freedom,

as well as common economic and cultural foundations;
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Whereas in a rapidly changing world, Queen Elizabeth II has

been a force of stability and constancy and has provided

inspiration to the world in times both peaceful and tumultuous;

Whereas Queen Elizabeth II and Prince Philip serve as ambassadors for the British people and the goodwill engendered by their visit serves as a reminder, for the people

of the United States and the United Kingdom alike, of

our joint values and priorities;

Whereas the United Kingdom, like the United States, has

suffered loss of life on its own shores from terrorist elements; and

Whereas thousands of British troops today fight side-by-side

with United States forces on the War on Terror’s most

dangerous battlefields: Now, therefore, be it

1 Resolved, That the House of Representatives is deeply

2 appreciative of the State Visit recently conducted by Her

3 Majesty Queen Elizabeth II and His Royal Highness,

4 Prince Philip, Duke of Edinburgh, and celebrates the

5 State Visit as having been an occasion to reaffirm the

6 value and depth of the friendship that exists between the

7 United States and the United Kingdom.

Æ
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AMENDMENT TO H. RES. 412

OFFERED BY MR. BOOZMAN OF ARKANSAS

Amend the preamble to read as follows:

Whereas Her Majesty Queen Elizabeth II and His Royal

Highness Prince Philip, Duke of Edinburgh, traveled to

the United States for a State Visit from May 3 to May

8, 2007, celebrating the special relationship that exists

between the United States and the United Kingdom;

Whereas the United States and the United Kingdom enjoy a

trans-Atlantic friendship sustained by a commitment to

democratic traditions, liberty, and the spread of freedom,

as well as common economic and cultural foundations;

Whereas in a rapidly changing world, Queen Elizabeth II has

been a force of stability and constancy and has provided

inspiration to the world in times both peaceful and tumultuous; and

Whereas Queen Elizabeth II and Prince Philip serve as ambassadors for the British people and the goodwill engendered by their visit serves as a reminder, for the people

of the United States and the United Kingdom alike, of

our joint values and priorities: Now, therefore, be it
190
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H.L.C.

travel to Washington, D.C., to attend the Conference on

the Caribbean and meet with Members of Congress;

Whereas for the first time in its history, through the cooperation of the Caribbean Community (CARICOM), the Department of State, and Congress, the Conference on the

Caribbean is convening June 19, 2007, through June 21,

2007, in Washington, D.C.;

Whereas CARICOM was created through the Treaty of

Chaguaramas in 1973 at Chaguaramas, Trinidad and

Tobago;

Whereas CARICOM was established in order to improve

labor standards, production, and sustained economic development, expand foreign trade and economic relations,

increase economic leverage and effectiveness of Member

States in dealing with third-party states, enhance the coordination of Member States’ foreign policies and trade

relations, and promote the tradition of democracy in the

region;

Whereas CARICOM is developing stronger trade, economic

relations, and overall cooperation with the United States

Government;

Whereas the Conference on the Caribbean is a unique dialogue between leaders of the United States and Caribbean countries to develop regional strategies for economic

development and better relations with Caribbean countries;

Whereas the United States has maintained deep and enduring relations with the peoples of Caribbean countries and

is linked to the Caribbean not only through geography

but also through common interests and values;
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H.L.C.

Whereas the United States and Caribbean countries can enhance their cooperation in many areas, including mutually beneficial trade and economic relationships, countering the transnational scourges of crime, drugs, and

terrorism, combating the spread of infectious disease,

protecting the environment and encouraging tourism,

maintaining fisheries and other maritime resources, addressing climate change, energy security and renewable

energy sources, and promoting democracy and good governance; and

Whereas there are increasing numbers of Americans of Caribbean heritage making myriad contributions to America’s

rich cultural fabric and diversity: Now, therefore, be it

1 Resolved, That House of Representatives—

2 (1) recognizes the deep and historic ties be3 tween the peoples of the United States and the Car4 ibbean;

5 (2) expresses the hope that relations between

6 the United States and the Caribbean will continue to

7 grow closer in the future;

8 (3) commends the Caribbean Community

9 (CARICOM) for holding the Conference of the Car10 ibbean; and

11 (4) recognizes and welcomes the delegation of

12 Presidents, Prime Ministers, and Foreign Ministers

13 from Caribbean countries to Washington, D.C.
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curring in Darfur,’’ and ‘‘the Government of Sudan and

the Janjaweed bear responsibility’’;

Whereas on October 13, 2006, the President signed the

Darfur Peace and Accountability Act (Public Law 109–

344), which identifies the Government of Sudan as

complicit with the forces committing genocide in the

Darfur region and urges the President to, ‘‘take all necessary and appropriate steps to deny the Government of

Sudan access to oil revenues’’;

Whereas President George W. Bush declared in a speech delivered on April 18, 2007, at the United States Holocaust

Memorial Museum that no one ‘‘can doubt that genocide

is the only word for what is happening in Darfur–and

that we have a moral obligation to stop it’’;

Whereas the presence of approximately 7,000 African Union

peacekeepers has not deterred the violence and the increasing attacks by the Government of Sudan and Government-sponsored Janjaweed militia and rebel groups;

Whereas worsening violence has forced humanitarian organizations to suspend operations, leaving a substantial portion of the population of Darfur inaccessible to aid workers;

Whereas violence has spread to the neighboring states of

Chad and the Central African Republic, threatening regional peace and security;

Whereas the Government of Sudan continues to refuse to

allow implementation of the full-scale peacekeeping mission authorized under United Nations Security Council

Resolution 1706;

Whereas former United Nations Secretary-General Kofi

Annan subsequently negotiated a compromise agreement
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with the Government of Sudan for a hybrid United Nations-African Union peacekeeping mission to be implemented in three phases;

Whereas the Government of the People’s Republic of China

has long-standing economic and military ties with Sudan

and continues to strengthen these ties in spite of the ongoing genocide in Darfur, as evidenced by the following

actions:

(1) China reportedly purchases as much as 70 percent of Sudan’s oil;

(2) China currently has at least $3,000,000,000 invested in the Sudanese energy sector, for a total of

$10,000,000,000 since the 1990s;

(3) Sudan’s Joint Chief of Staff, Haj Ahmed El

Gaili, recently visited Beijing for discussions with Chinese

Defense Minister Cao Gang Chuan and other military officials as part of an eight-day tour of China; Cao pledged

closer military relations with Sudan, saying that China

was ‘‘willing to further develop cooperation between the

two militaries in every sphere’’;

(4) China has reportedly cancelled approximately

$100 million in debt owed by the Sudanese Government;

(5) China is building infrastructure in Sudan and

provided funds for a presidential palace in Sudan at a reported cost of approximately $20,000,000; and

(6) Data provided by the Government of Sudan to

the United Nations for 2005 states that Sudan imported

at least $24,000,000 in arms and ammunition from the

People’s Republic of China, as well as nearly

$57,000,000 in parts and aircraft equipment, and

$2,000,000 in helicopter and airplane parts from China,

making China the largest provider of military arms and

equipment to Sudan, even as Sudan has defended its
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right to transfer and use such military arms and equipment in Darfur for military operations;

Whereas given its economic interests throughout the region,

China has a unique ability to positively influence the Government of Sudan to abandon its genocidal policies and

to accept United Nations peacekeepers to join a hybrid

United Nations-African Union peacekeeping mission;

Whereas the President’s Special Envoy to Sudan, Andrew S.

Natsios, further said in testimony on April 11, 2007, that

‘‘China’s substantial economic investment in Sudan gives

it considerable potential leverage, and we have made clear

to Beijing that the international community will expect

China to be part of the solution’’;

Whereas the Government of the People’s Republic of China’s

recent appointment of a senior diplomat as China’s special representative on African affairs who shall focus specific attention on the Darfur issue and it’s pledge to provide military engineers to support African Union peacekeeping forces in Darfur are welcome developments, but

do not demonstrate that Beijing is truly committed to

using all the considerable diplomatic and political means

at its disposal to stop the genocide in Darfur;

Whereas due to its large population, its rapidly growing global economy, its large research and development investments and military spending, its seat as a permanent

member of the United Nations Security Council and on

the Asia-Pacific Economic Cooperation, China is an

emerging power that is increasingly perceived as a leader

with significant international reach and responsibility;

Whereas in November 2006, China hosted its third Forum on

China-Africa Cooperation with more than 40 heads of
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state in attendance and which focused heavily on trade

relations and investment on the African continent as it

is expected to double by 2010;

Whereas China is preparing to host the Olympic Summer

Games of 2008, the most honorable, venerated, and prestigious international sporting event and has selected

‘‘One World, One Dream’’ as a slogan for those games;

Whereas China should act consistently with the Olympic

standard of preserving human dignity in Darfur, Sudan

and around the world; and

Whereas China has been reluctant to use its full influence to

improve the human rights situation in Darfur: Now,

therefore, be it

1 Resolved, That the House of Representatives—

2 (1) calls upon the Government of the People’s

3 Republic of China to—

4 (A) acknowledge publicly and condemn the

5 atrocities taking place in Darfur;

6 (B) cease all military arms, ammunition,

7 and related military equipment sales to the

8 Government of Sudan; and

9 (C) take steps to immediately suspend eco10 nomic cooperation with the Government of

11 Sudan and investment in Sudan until and un12 less the Government of Sudan—

13 (i) stops its attacks on civilians;
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1 (ii) complies with all United Nations

2 Security Council resolutions related to

3 Darfur; and

4 (iii) engages in good faith negotiations

5 with Darfur rebel groups to achieve a sus6 tainable negotiated peace agreement;

7 (2) recognizes the close relationship between

8 China and Sudan and strongly urges the Govern9 ment of the People’s Republic of China to use its

10 full influence to—

11 (A) urge the regime in Khartoum to com12 ply with the deployment of the peacekeeping

13 force authorized by United Nations Security

14 Council Resolution 1706;

15 (B) call for Sudanese compliance with

16 United Nations Security Council Resolutions

17 1556 and 1564, and the Darfur Peace Agree18 ment, all of which demand that the Government

19 of Sudan disarm militias operating in Darfur;

20 (C) call on all parties to the conflict to ad21 here to the 2004 N’Djamena ceasefire agree22 ment and the recently-agreed United Nations

23 communique ́ which commits the Sudanese Gov24 ernment to improve conditions for humanitarian
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1 organizations and ensure they have unfettered

2 access to the populations they serve;

3 (D) emphasize that there can be no mili4 tary solution to the conflict in Darfur and that

5 the formation and implementation of a legiti6 mate peace agreement between all parties will

7 contribute toward the welfare and stability of

8 the entire nation and broader region;

9 (E) urge all rebel groups to unify and as10 sist all parties to come to the negotiating table

11 in good faith;

12 (F) urge the Government of southern

13 Sudan to play a more active role in pressing for

14 legitimate peace talks and take immediate steps

15 to support and assist in the revitalization of

16 such talks along one single coordinated track;

17 (G) engage collaboratively in high-level di18 plomacy and multilateral efforts toward a re19 newed peace process; and

20 (H) join the international community in

21 imposing economic and other consequences on

22 the Government of Sudan if that Government

23 continues to carry out or support attacks on ci24 vilians and frustrate diplomatic efforts; and
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1 (3) recognizes that the spirit of the Olympics,

2 which is to bring together nations and people from

3 all over the world in peace, is incompatible with any

4 actions directly or indirectly supporting acts of geno5 cide.
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202
203
204
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AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H. RES. 430

OFFERED BY MR. LANTOS OF CALIFORNIA

Strike the preamble and insert the following:

Whereas Dr. Haleh Esfandiari, Ph.D., holds dual citizenship

in the United States and Iran;

Whereas Dr. Esfandiari taught Persian language and literature for many years at Princeton University, where

she inspired untold numbers of students to study the rich

Persian language and culture;

Whereas Dr. Esfandiari is a resident of the State of Maryland and the Director of the Middle East Program at the

Woodrow Wilson International Center for Scholars in

Washington, D.C. (referred to in this preamble as the

‘‘Wilson Center’’);

Whereas, for the past decade, Dr. Esfandiari has traveled to

Iran twice a year to visit her ailing 93-year-old mother;

Whereas, in December 2006, on her return to the airport

during her last visit to Iran, Dr. Esfandiari was robbed

by three masked, knife-wielding men, who stole her travel

documents, luggage, and other effects;

Whereas, when Dr. Esfandiari attempted to obtain replacement travel documents in Iran, she was summoned to an

interview by Iran’s Ministry of Intelligence;

Whereas Dr. Esfandiari was interrogated by the Ministry of

Intelligence for seven to eight hours per day;
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Whereas the questioning of the Ministry of Intelligence focused on the Middle East Program at the Wilson Center;

Whereas Dr. Esfandiari answered all questions to the best of

her ability, and the Wilson Center also provided extensive

information to the Ministry in a good faith effort to aid

Dr. Esfandiari;

Whereas Lee Hamilton, former United States Representative

and president of the Wilson Center, has written to the

President of Iran to call his attention to Dr. Esfandiari’s

dire situation;

Whereas Mr. Hamilton repeated that the Wilson Center’s

mission is to provide forums to exchange views and opinions and not to take positions on issues, nor try to influence specific outcomes;

Whereas the lengthy interrogations of Dr. Esfandiari by the

Ministry of Intelligence of Iran stopped on February 14,

2007, but she heard nothing for ten weeks and was denied her passport;

Whereas, on May 7, 2007, Dr. Esfandiari was summoned to

the Ministry of Intelligence and taken immediately to

Evin prison, where she is currently being held;

Whereas Iran’s Intelligence Ministry has implicated Dr.

Esfandiari and the Wilson Center in advancing what it

alleges is the United States Government’s aim of a ‘‘soft

revolution’’ in Iran;

Whereas the Iranian Government has yet to produce any evidence of wrong-doing on Dr. Esfandiari’s behalf to justify

its actions toward her;

Whereas Parnaz Azima holds dual citizenship in the United

States and Iran;
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Whereas Ms. Azima is a journalist for Radio Farda;

Whereas the Iranian Government confiscated the passport of

Ms. Azima when she arrived in Iran to visit her ill mother in January of 2007;

Whereas the Iranian intelligence has interrogated Ms. Azima

on multiple occasions;

Whereas Ms. Azima’s attorney was told in April 2007 that

she would have to be detained in Iran for two years or

more; and

Whereas reports indicate that a third dual American-Iranian

citizen, who has chosen to remain anonymous, also was

denied her passport and is being detained against her will

in Iran: Now, therefore, be it

Strike all after the resolving clause and insert the

following:

1 That Iran should immediately and unconditionally release

2 dual Iranian-American citizens Dr. Haleh Esfandiari, Ms.

3 Parnaz Azima, and a third unnamed individual also being

4 detained against her will, replace their lost travel docu5 ments, cease their tactics of harassment, and permit them

6 to leave Iran.
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Amend the title so as to read: A resolution ‘‘calling

for Iran to immediately release three dual American-Iranian citizens currently being held unjustly.’’.
209

Chairman LANTOS. Pursuant to notice, I call up the bill H.R. 

2420, the International Climate Cooperation Re-engagement Act of 

2007. 

Mr. ROYCE. Mr. Chairman, I have a parliamentary inquiry on 

that. 

Chairman LANTOS. If the gentleman would hold a moment. 

Mr. ROYCE. Of course. 

Chairman LANTOS. Pursuant to notice, I call up the bill H.R. 

2420, the International Climate Cooperation Re-engagement Act of 

2007, for the purposes of markup and move its favorable recommendation to the House. 

[H.R. 2420 follows:]
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Definitions.

TITLE I—UNITED STATES POLICY ON GLOBAL CLIMATE CHANGE

Sec. 101. Congressional findings.

Sec. 102. Congressional statement of policy.

Sec. 103. Office on Global Climate Change.

TITLE II—ASSISTANCE TO PROMOTE CLEAN AND EFFICIENT

ENERGY TECHNOLOGIES IN FOREIGN COUNTRIES

Sec. 201. Congressional findings.

Sec. 202. United States assistance for developing countries.

Sec. 203. United States exports and outreach programs for India and China.

Sec. 204. United States trade missions to encourage private sector trade and

investment.

Sec. 205. Actions by Overseas Private Investment Corporation.

Sec. 206. Actions by United States Trade and Development Agency.

Sec. 207. Global Climate Change Exchange program.

Sec. 208. Interagency Working Group to support a Clean Energy Technology

Exports Initiative.

TITLE III—INTERNATIONAL CLEAN ENERGY FOUNDATION

Sec. 301. Definitions.

Sec. 302. Establishment and management of Foundation.

Sec. 303. Duties of foundation.

Sec. 304. Annual report.

Sec. 305. Powers of the foundation; related provisions.

Sec. 306. General personnel authorities.

Sec. 307. Authorization of appropriations.

3 SEC. 2. DEFINITIONS.

4 In this Act:

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means the Committee on Foreign Affairs of

8 the House of Representatives and the Committee on

9 Foreign Relations of the Senate.

10 (2) CLEAN AND EFFICIENT ENERGY TECH11 NOLOGY.—The term ‘‘clean and efficient energy
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1 technology’’ means an energy supply or end-use

2 technology—

3 (A) such as—

4 (i) solar technology;

5 (ii) wind technology;

6 (iii) geothermal technology;

7 (iv) hydroelectric technology; and

8 (v) carbon capture technology; and

9 (B) that, over its life cycle and compared

10 to a similar technology already in commercial

11 use—

12 (i) is reliable, affordable, economically

13 viable, socially acceptable, and compatible

14 with the needs and norms of the country

15 involved;

16 (ii) results in—

17 (I) reduced emissions of green18 house gases; or

19 (II) increased geological seques20 tration; and

21 (iii) may—

22 (I) substantially lower emissions

23 of air pollutants; or
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1 (II) generate substantially small2 er or less hazardous quantities of solid

3 or liquid waste.

4 (3) GEOLOGICAL SEQUESTRATION.—The term

5 ‘‘geological sequestration’’ means the capture and

6 long-term storage in a geological formation of a

7 greenhouse gas from an energy producing facility,

8 which prevents the release of greenhouse gases into

9 the atmosphere.

10 (4) GREENHOUSE GAS.—The term ‘‘greenhouse

11 gas’’ means—

12 (A) carbon dioxide;

13 (B) methane;

14 (C) nitrous oxide;

15 (D) hydrofluorocarbons;

16 (E) perfluorocarbons; or

17 (F) sulfur hexafluoride.

18 TITLE I—UNITED STATES POL19 ICY ON GLOBAL CLIMATE

20 CHANGE

21 SEC. 101. CONGRESSIONAL FINDINGS.

22 Congress makes the following findings:

23 (1) There is a global scientific consensus, as es24 tablished by the Intergovernmental Panel on Climate

25 Change (IPCC) and confirmed by the National
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1 Academy of Sciences, that the continued build-up of

2 anthropogenic greenhouse gases in the atmosphere

3 has been, and is now warming the earth and threat4 ens the stability of the global climate. By the esti5 mate of the IPCC, unmitigated global greenhouse

6 gas emissions could drive up global temperatures by

7 as much as 7 to 11 degrees Fahrenheit by 2100.

8 (2) Climate change is already having significant

9 impacts in certain regions of the world and on many

10 ecosystems, with poor populations being most vul11 nerable.

12 (3) Climate change is a global problem that can

13 only be managed by a coordinated global response

14 that reduces global emissions of greenhouse gases to

15 a level that stabilizes their concentration in the

16 Earth’s atmosphere.

17 (4) The United Nations Framework Convention

18 on Climate Change (hereinafter in this section re19 ferred to as the ‘‘Convention’’) establishes a viable

20 foundation to construct a global regime to combat

21 global warming and manage its impacts.

22 (5) The United States, along with 189 other

23 countries, is a party to the Convention, done at New

24 York May 9, 1992, and entered into force in 1994.

25 The Convention’s stated objective is ‘‘to achieve sta-
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1 bilization of greenhouse gas concentrations in the at2 mosphere at a level that would prevent dangerous

3 anthropogenic interference with the climate system’’.

4 (6) The Kyoto Protocol to the Convention was

5 adopted by the third Convention Conference of the

6 Parties (COP–3) in December 1997, in Kyoto,

7 Japan, and stipulated legally binding reductions in

8 greenhouse gas emissions at an average of 5.2 per9 cent below 1990 levels for industrialized countries,

10 but it did not specify policies for its implementation.

11 The Kyoto Protocol also did not stipulate binding re12 ductions in greenhouse gas emissions for rapidly in13 dustrializing countries like China, India, and Brazil.

14 (7) Before negotiations were completed on the

15 mechanisms for implementing Kyoto Protocol com16 mitments on greenhouse gas emissions, George W.

17 Bush took office as President of the United States,

18 and in March 2001, announced opposition to contin19 ued negotiations over implementation of the Pro20 tocol, stating that the Protocol was ‘‘fatally flawed’’

21 from the Administration’s point of view.

22 (8) President Bush unveiled an ‘‘alternative’’

23 strategy to the Kyoto Protocol for halting global

24 warming on February 14, 2002. The President’s

25 plan did not contain any international component to
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1 amend or supplant the Kyoto Protocol or any kind

2 of blueprint for committing major developing econo3 mies such as China, India, and Brazil to reduce fu4 ture greenhouse gas emission. The President’s plan

5 set a voluntary ‘‘greenhouse gas intensity’’ target for

6 the United States that specified an 18 percent re7 duction in ‘‘emissions intensity’’ by 2012. This re8 duction which would allow actual emissions to in9 crease by at least 12 percent over the same period.

10 (9) On February 16, 2005, after Russia’s ratifi11 cation, the Kyoto Protocol entered into force. With

12 entry into force, the emissions targets of the Pro13 tocol became legally binding commitments for those

14 industrialized countries that ratified the Protocol.

15 Because the United States and Australia did not

16 ratify the Protocol, and because developing countries

17 are not subject to its limits, the Protocol currently

18 restricts the emissions of countries accounting for

19 only 32 percent of global greenhouse gas emissions.

20 (10) The Kyoto Protocol required that parties

21 to the Protocol begin negotiating in 2005 toward a

22 second round of commitments to begin after the ex23 piration of the first emissions budget period in 2012.

24 The eleventh Convention Conference of the Parties

25 (COP–11) in November and December 2005 in
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1 Montreal, Canada launched the negotiations on the

2 second round of commitments by parties to the Pro3 tocol and initiated a dialogue (a ‘‘parallel process’’)

4 under the Convention that engaged both the United

5 States and developing countries in discussions on fu6 ture efforts.

7 (11) At the twelfth Convention Conference of

8 the Parties (COP–12) in November 2006 in Nairobi,

9 Kenya, parties continued discussions on a second

10 round of commitments under the Kyoto Protocol as

11 a successor to the first commitment period (2008

12 through 2012) and, in the parallel process, discussed

13 enhanced cooperation under the Convention that

14 would engage countries that did not have commit15 ments under the Protocol.

16 (12) At a summit in Brussels, Belgium in

17 March 2007, the head of governments of the Euro18 pean Union committed its Member States to cut

19 greenhouse gas emissions 20 percent below 1990 lev20 els by 2020 and committed to move this target up

21 to 30 percent if the United States and other major

22 emitters joined the commitment.

23 (13) On April 17, 2007, the United Nations Se24 curity Council held its first ever ‘‘open meeting’’ on

25 the impact of climate change on international secu-
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1 rity. British Foreign Secretary Margaret Beckett, in

2 her capacity as President of the Security Council,

3 declared in her opening statement that the Council

4 has a ‘‘security imperative’’ to tackle climate change

5 because it can exacerbate problems that cause con6 flicts and because it threatens the entire planet.

7 United Nations Secretary-General Ban Ki-moon told

8 the Council that ‘‘issues of energy and climate

9 change have implications for peace and security’’.

10 (14) Working Group III of the IPCC met from

11 April 30 through May 4, 2007, in Bangkok, Thai12 land to assess technologies and policies needed to

13 avert dangerous climate change and to provide back14 ground for negotiations on a post-2012 climate

15 change regime. The draft report by the IPCC Work16 ing Group III concludes that by quickly adopting

17 technological options that are available or are being

18 developed, the global concentration of greenhouse

19 gases in the atmosphere can be stabilized at 450–

20 550 parts per million (ppm). The IPCC scientists

21 believe that a 450 to 550 ppm ceiling might limit

22 the global rise in temperatures to no more than 3.6

23 degrees Fahrenheit and avert impacts of escalating

24 scale, scope, and costs, potentially including the de25 stabilization of large polar ice sheets that could con-
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1 tribute to long-term, catastrophic sea level rise at

2 higher temperatures.

3 (15) At the Group of Eight (G–8) Summit

4 scheduled to be held in Heiligendamm, Germany in

5 June 2007, climate change and energy have been

6 placed at the top of the policy agenda and during

7 the Summit, the G–8 is scheduled to have a dialogue

8 with China, India, South Africa, Mexico, and Brazil

9 on the issue.

10 (16) The United Nations Secretary-General

11 Ban ki-Moon has indicated that one of his top goals

12 is to forge a more comprehensive agreement under

13 the Convention to ensure there is no gap when the

14 first commitment period under the Kyoto Protocol

15 ends in 2012. In order to reach this goal, critical ne16 gotiations involving all of the major greenhouse gas

17 emitters, along with the vulnerable countries, must

18 be initiated immediately and be completed by 2009.

19 On May 1, 2007, the Secretary-General named three

20 Special Envoys on Climate Change to assist in ‘‘con21 sultations with Governments’’. The Secretary-Gen22 eral will host a ‘‘high-level meeting’’ on climate

23 change at the United Nations General Assembly in

24 September 2007 to give ‘‘political direction’’ to the

25 thirteenth Convention Conference of the Parties
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1 (COP–13) to take place in December 2007 in Bali,

2 Indonesia.

3 SEC. 102. CONGRESSIONAL STATEMENT OF POLICY.

4 Congress declares the following to be the policy of the

5 United States:

6 (1) To promote United States and global secu7 rity through leadership in cooperation with other na8 tions of the global effort to reduce and stabilize

9 global greenhouse gas emissions and stabilize atmos10 pheric concentration of such gases. As such, the

11 United States will seek to obtain mitigation commit12 ments from all major greenhouse gas emitting coun13 tries under the institutional framework provided by

14 the United Nations Framework Convention on Cli15 mate Change (hereinafter in this section referred to

16 as the ‘‘Convention’’);

17 (2) To facilitate progress in global negotiations

18 toward a comprehensive agreement under the Con19 vention, and in service of this goal, the United

20 States will, during the course of 2007, engage in

21 high level dialogue on climate change within the

22 Group of Eight (G–8), with the European Union,

23 with Japan and other industrialized countries, and

24 with China, India, Brazil, and other major devel25 oping countries. The United States will also partici-
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1 pate in the initiative of the United Nations Sec2 retary-General to build consensus among govern3 ments on enhanced international cooperation on

4 these matters.

5 (3) To participate more actively and construc6 tively in the intergovernmental climate change proc7 ess, including at the thirteenth Convention Con8 ference of the Parties (COP–13) to take place in De9 cember 2007 in Bali, Indonesia. As such, at the

10 COP–13 meeting, the United States will be rep11 resented by a high-level delegation composed of cli12 mate experts and career foreign service officers with

13 extensive diplomatic experience, including experience

14 in multi-lateral negotiations, headed by the Sec15 retary of State, the Secretary’s Deputy, or the Un16 dersecretary for Global Affairs of the Department of

17 State.

18 (4) To engage in serious discussion of possible

19 future commitments under the Convention. These

20 discussions will seek to develop a plan of action and

21 time-table with the goal of adopting a new inter22 national agreement under the Convention that stipu23 lates commitments from all major greenhouse gas

24 emitters, including the United States and other

25 countries listed in Annex 1 to the Convention,
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1 China, India, and Brazil, at the fifteenth Convention

2 Conference of the Parties (COP–15) to take place in

3 2009. This process will seek as its objective that a

4 new instrument will come into force by the time the

5 first commitment period under the Kyoto Protocol

6 ends in 2012.

7 (5) To protect United States national and eco8 nomic interests and United States competitiveness in

9 all sectors by negotiating a new agreement under the

10 Convention that is cost effective, comprehensive,

11 flexible, and equitable. Such an agreement shall, at

12 a minimum—

13 (A) require binding mitigation commit14 ments from all major emitting countries based

15 on their level of development;

16 (B) provide for different forms of commit17 ments, including economy-wide emissions tar18 gets, policy-based commitments, sectoral agree19 ments, and no-regrets targets;

20 (C) increase cooperation on clean and effi21 cient energy technologies and practices;

22 (D) target all greenhouse gases, including

23 sources, sinks, and reservoirs of greenhouse

24 gases, and should expand the current scope of

25 the Kyoto Protocol and Convention to sectors
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1 not covered, such as the international aviation

2 and maritime sectors;

3 (E) include mechanisms to harness mar4 ket-based solutions, building upon the joint im5 plementation, clean development mechanism,

6 and international emissions trading developed

7 under the Protocol;

8 (F) include incentives for sustainable for9 estry management that reflect the value of

10 avoided deforestation; and

11 (G) address the need for adaptation, espe12 cially for the most vulnerable and poorest coun13 tries on the planet.

14 (6) To seek international consensus on long15 term objectives including a target range for stabi16 lizing greenhouse gas concentrations. The target

17 range should reflect the consensus recommendations

18 of Intergovernmental Panel on Climate Change

19 (IPCC) scientists, who believe that concentrations of

20 greenhouse gases in the Earth’s atmosphere must be

21 stabilized to provide a reasonable chance of limiting

22 the rise in global temperatures to a level that might

23 avert the most damaging impacts of climate change.
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1 SEC. 103. OFFICE ON GLOBAL CLIMATE CHANGE.

2 (a) ESTABLISHMENT OF OFFICE.—There is estab3 lished within the Department of State an Office on Global

4 Climate Change (hereinafter in this section referred to as

5 the ‘‘Office’’).

6 (b) HEAD OF OFFICE.—

7 (1) IN GENERAL.—The head of the Office shall

8 be the Ambassador-at-Large for Global Climate

9 Change (hereinafter in this section referred to as the

10 ‘‘Ambassador-at-Large’’).

11 (2) APPOINTMENT.—The Ambassador-at-Large

12 shall be appointed by the President, by and with the

13 advice and consent of the Senate.

14 (c) DUTIES.—

15 (1) IN GENERAL.—The primary responsibility

16 of the Ambassador-at-Large shall be to advance the

17 goals of the United States with respect to reducing

18 the emissions of global greenhouse gases and ad19 dressing the challenges posed by global climate

20 change.

21 (2) ADVISORY ROLE.—The Ambassador-at22 Large—

23 (A) shall be a principal adviser to the

24 President and the Secretary of State on matters

25 relating to global climate change; and
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1 (B) shall make recommendations to the

2 President and the Secretary of State on policies

3 of the United States Government with respect

4 to international cooperation on reducing the

5 emission of global greenhouse gases and ad6 dressing the challenges posed by global climate

7 change.

8 (3) DIPLOMATIC REPRESENTATION.—Subject to

9 the direction of the President and the Secretary of

10 State, the Ambassador-at-Large is authorized to

11 represent the United States in matters relating to

12 global climate change in—

13 (A) contacts with foreign governments,

14 intergovernmental organizations, and special15 ized agencies of the United Nations, the Orga16 nization on Security and Cooperation in Eu17 rope, and other international organizations of

18 which the United States is a member; and

19 (B) multilateral conferences and meetings

20 relating to global climate change.

21 (d) FUNDING.—The Secretary of State shall provide

22 the Ambassador-at-Large with such funds as may be nec23 essary for the hiring of staff for the Office, the conduct

24 of investigations by the Office, and for necessary travel

25 to carry out the provisions of this section.
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1 (e) REPORT.—Not later than September 1 of each

2 year, the Secretary of State, with the assistance of the

3 Ambassador-at-Large, shall prepare and submit to the ap4 propriate congressional committees a report on the strat5 egy, policies, and actions of the United States for reducing

6 the emissions of global greenhouse gases and addressing

7 the challenges posed of global climate change.

8 TITLE II—ASSISTANCE TO PRO9 MOTE CLEAN AND EFFICIENT

10 ENERGY TECHNOLOGIES IN

11 FOREIGN COUNTRIES

12 SEC. 201. CONGRESSIONAL FINDINGS.

13 Congress makes the following findings:

14 (1) Several provisions of the Energy Policy Act

15 of 1992 were designed to expand Federal programs

16 that support renewable energy and energy efficient

17 equipment exports and to broaden the portfolio of

18 programs to include training and technology transfer

19 activities that help promote development in less in20 dustrialized nations, expand global markets, and re21 duce greenhouse gas emissions. However, few of the

22 export-related provisions of the Energy Policy Act of

23 1992 were implemented due to a lack of Federal

24 funding.
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1 (2) In 2000, Congress called for several United

2 States Government agencies to create an Inter3 agency Working Group to support a Clean Energy

4 Technology Exports Initiative to use the combined

5 resources of various agencies to promote the export

6 of clean energy technologies abroad. The Initiative

7 also suffered from low levels of Federal funding and

8 has not produced significant results.

9 (3) Large and emerging economies, such as

10 India and China, play significant roles in the global

11 energy security system as large consumers of energy

12 and should be included as member countries in the

13 International Energy Agency to strengthen the com14 mon interest of importers in encouraging trans15 parent energy markets and in planning for supply

16 disruptions.

17 (4) The challenge of energy security severely af18 fects developing countries where over 1.6 billion peo19 ple lack access to affordable energy services. In

20 these nations, a lack of transparency and account21 ability creates a climate of mistrust for investors; bi22 lateral and multilateral lending institutions do not

23 provide sufficient incentives to companies investing

24 in clean and efficient energy technologies; women

25 and children suffer disproportionately due to the
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1 lack of energy services; inaccessibility of energy serv2 ices impedes other development programs in edu3 cation, health, agriculture, and the environment; and

4 dependence on imported fuels leaves countries vul5 nerable to supply disruptions and economic shocks.

6 (5) In addition to promoting the export of clean

7 energy technologies, large energy-consuming econo8 mies must also have appropriate incentive systems,

9 policy and regulatory frameworks, and investment

10 climates in place to accept and promote the adoption

11 of such technologies.

12 (6) More than $16 trillion needs to be invested

13 in energy-supply infrastructure worldwide by 2030

14 to meet energy demand, and almost half of total en15 ergy investment will take place in developing coun16 tries, where production and demand are expected to

17 increase the most.

18 (7) Public and private sector capital will be

19 needed to fulfill future demand. The opportunity ex20 ists for public and private actors to coordinate ef21 forts and leverage resources to direct this investment

22 into technologies, practices, and services that pro23 mote energy efficiency, clean-energy production, and

24 a reduction in global greenhouse gas emissions.
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1 (8) In attempting to address the global climate

2 change challenge, the United States Government re3 cently launched the Asia Pacific Partnership on

4 Clean Development and Climate, which is meant to

5 accelerate the development and deployment of clean

6 energy technologies. However, this Partnership oper7 ates in a non-binding framework that does not re8 quire any emissions reductions from the partner

9 countries.

10 SEC. 202. UNITED STATES ASSISTANCE FOR DEVELOPING

11 COUNTRIES.

12 (a) ASSISTANCE AUTHORIZED.—The Administrator

13 of the United States Agency for International Develop14 ment shall support policies and programs in developing

15 countries that promote clean and efficient energy

16 technologies—

17 (1) to produce the necessary market conditions

18 for the private sector delivery of energy and environ19 mental management services; and

20 (2) to create an environment that is conducive

21 to accepting clean and efficient energy technologies

22 that support the overall purpose of reducing green23 house gas emissions, including—

24 (A) improving policy, legal, and regulatory

25 frameworks;
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1 (B) increasing institutional abilities to pro2 vide energy and environmental management

3 services; and

4 (C) increasing public awareness and par5 ticipation in the decision-making of delivering

6 energy and environmental management services.

7 (b) REPORT.—The Administrator of the United

8 States Agency for International Development shall submit

9 to the appropriate committees an annual report on the im10 plementation of this section for each of the fiscal years

11 2008 through 2012.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry

13 out this section, there are authorized to be appropriated

14 to the Administrator of the United States Agency for

15 International Development $200,000,000 for each of the

16 fiscal years 2008 through 2012.

17 SEC. 203. UNITED STATES EXPORTS AND OUTREACH PRO18 GRAMS FOR INDIA AND CHINA.

19 (a) ASSISTANCE AUTHORIZED.—The Secretary of

20 Commerce shall direct the United States and Foreign

21 Commercial Service to expand or create a corps of the

22 Foreign Commercial Service officers to promote United

23 States exports in clean and efficient energy technologies

24 and build the capacity of government officials in India and
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1 China to become more familiar with the available

2 technologies—

3 (1) by creating Foreign Commercial Service

4 attache ́s, who have expertise in clean and efficient

5 energy technologies from the United States, to em6 bark on business development and outreach efforts

7 to India and China; and

8 (2) by deploying the attache ́s described in para9 graph (1) to educate provincial, state, and local gov10 ernment officials in India and China on the variety

11 of United States-based technologies in clean and ef12 ficient energy technologies for the purposes of pro13 moting United States exports and reducing global

14 greenhouse gas emissions.

15 (b) REPORT.—The Secretary of Commerce shall sub16 mit to the appropriate committees an annual report on

17 the implementation of this section for each of the fiscal

18 years 2008 through 2012.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry

20 out this section, there are authorized to be appropriated

21 to the Secretary of Commerce such sums as may be nec22 essary for each of the fiscal years 2008 through 2012.
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1 SEC. 204. UNITED STATES TRADE MISSIONS TO ENCOUR2 AGE PRIVATE SECTOR TRADE AND INVEST3 MENT.

4 (a) ASSISTANCE AUTHORIZED.—The Secretary of

5 Commerce shall direct the International Trade Adminis6 tration to expand or create trade missions to and from

7 the United States to encourage private sector trade and

8 investment in clean and efficient energy technologies—

9 (1) by organizing and facilitating trade mis10 sions to foreign countries and by matching United

11 States private sector companies with opportunities in

12 foreign markets so that clean and efficient energy

13 technologies can help to combat increases in global

14 greenhouse gas emissions; and

15 (2) by creating reverse trade missions in which

16 the Department of Commerce facilitates the meeting

17 of foreign private and public sector organizations

18 with private sector companies in the United States

19 for the purpose of showcasing clean and efficient en20 ergy technologies in use or in development that could

21 be exported to other countries.

22 (b) REPORT.—The Secretary of Commerce shall sub23 mit to the appropriate committees an annual report on

24 the implementation of this section for each of the fiscal

25 years 2008 through 2012.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry

2 out this section, there are authorized to be appropriated

3 to the Secretary of Commerce such sums as may be nec4 essary for each of the fiscal years 2008 through 2012.

5 SEC. 205. ACTIONS BY OVERSEAS PRIVATE INVESTMENT

6 CORPORATION.

7 (a) FINDINGS.—Congress finds the following:

8 (1) Many of the emerging markets within which

9 the Overseas Private Investment Corporation sup10 ports projects have immense energy needs and will

11 require significant investment in the energy sector in

12 the coming decades.

13 (2) The use, or lack of use, of clean and effi14 cient energy technologies can have a dramatic effect

15 on the rate of global greenhouse gas emissions from

16 emerging markets in the coming decades.

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that the Overseas Private Investment Corporation

19 should promote greater investment in clean and efficient

20 energy technologies by—

21 (1) proactively reaching out to United States

22 companies that are interested in investing in clean

23 and efficient energy technologies in countries that

24 are significant contributors to global greenhouse gas

25 emissions;
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1 (2) giving preferential treatment to the evalua2 tion and awarding of projects that involve the invest3 ment or utilization of clean and efficient energy

4 technologies; and

5 (3) providing greater flexibility in supporting

6 projects that involve the investment or utilization of

7 clean and efficient energy technologies, including fi8 nancing, insurance, and other assistance.

9 (c) REPORT.—The Overseas Private Investment Cor10 poration shall include in its annual report required under

11 section 240A of the Foreign Assistance Act of 1961 (22

12 U.S.C. 2200a)—

13 (1) a description of the activities carried out to

14 implement this section; or

15 (2) if the Corporation did not carry out any ac16 tivities to implement this section, an explanation of

17 the reasons therefor.

18 SEC. 206. ACTIONS BY UNITED STATES TRADE AND DEVEL19 OPMENT AGENCY.

20 (a) ASSISTANCE AUTHORIZED.—The Director of the

21 Trade and Development Agency shall establish or support

22 policies that—

23 (1) proactively seek opportunities to fund

24 projects that involve the utilization of clean and effi-
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1 cient energy technologies, including in trade capacity

2 building and capital investment projects;

3 (2) give preferential treatment to the evaluation

4 and awarding of projects that involve the utilization

5 of clean and efficient energy technologies, particu6 larly to countries that have the potential for signifi7 cant reduction in greenhouse gas emissions; and

8 (3) recruit and retain individuals with appro9 priate expertise in clean, renewable, and efficient en10 ergy technologies to identify and evaluate opportuni11 ties for projects that involve clean and efficient en12 ergy technologies and services.

13 (b) REPORT.—The President shall include in the an14 nual report on the activities of the Trade and Development

15 Agency required under section 661(d) of the Foreign As16 sistance Act of 1961 (22 U.S.C. 2421(d)) a description

17 of the activities carried out to implement this section.

18 SEC. 207. GLOBAL CLIMATE CHANGE EXCHANGE PROGRAM.

19 (a) PROGRAM AUTHORIZED.—The Secretary of State

20 is authorized to establish a program to strengthen re21 search, educational exchange, and international coopera22 tion with the aim of reducing global greenhouse gas emis23 sions and addressing the challenges posed by global cli24 mate change. The program authorized by this subsection

25 shall be carried out pursuant to the authorities of the Mu-
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1 tual Educational and Cultural Exchange Act of 1961 (22

2 U.S.C. 2451 et seq.) and may be referred to as the ‘‘Glob3 al Climate Change Exchange Program’’.

4 (b) ELEMENTS.—The program authorized by sub5 section (a) shall contain the following elements:

6 (1) The financing of studies, research, instruc7 tion, and other educational activities dedicated to re8 ducing carbon emissions and addressing the chal9 lenge of global climate change—

10 (A) by or to United States citizens and na11 tionals in foreign universities, governments, or12 ganizations, companies, or other institutions,

13 and

14 (B) by or to citizens and nationals of for15 eign countries in United States universities,

16 governments, organizations, companies, or other

17 institutions.

18 (2) The financing of visits and exchanges be19 tween the United States and other countries of stu20 dents, trainees, teachers, instructors, professors, re21 searchers, and other persons who study, teach, and

22 conduct research in subjects such as the physical

23 sciences, environmental science, public policy, eco24 nomics, urban planning, and other subjects and

25 focus on reducing greenhouse gas emissions and ad-
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1 dressing the challenges posed by global climate

2 change.

3 (c) REPORT.—The Secretary of State shall transmit

4 to the appropriate committees an annual report on the im5 plementation of this section for each of the fiscal years

6 2008 through 2012.

7 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry

8 out this section, there are authorized to be appropriated

9 to the Secretary of State $3,000,000 for each of the fiscal

10 years 2008 through 2012.

11 SEC. 208. INTERAGENCY WORKING GROUP TO SUPPORT A

12 CLEAN ENERGY TECHNOLOGY EXPORTS INI13 TIATIVE.

14 (a) ASSISTANCE AUTHORIZED.—The President shall

15 provide assistance to the Interagency Working Group to

16 support a Clean Energy Technology Exports Initiative—

17 (1) to improve the ability of the United States

18 to respond to international competition by leveraging

19 the resources of Federal departments and agencies

20 effectively and efficiently and by raising policy issues

21 that may hamper the export of United States clean

22 energy technologies abroad;

23 (2) to fulfill, as appropriate, the mission and

24 objectives as noted in the report entitled, Five-Year

25 Strategic Plan of the Clean Energy Technology Ex-
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1 ports Initiative, submitted to Congress in October

2 2002, and

3 (3) to raise the importance and level of over4 sight of the Interagency Working Group to the

5 heads of the Federal departments and agencies that

6 are participating in the Interagency Working Group.

7 (b) REPORT.—The Administrator of the United

8 States Agency for International Development, the Sec9 retary of Commerce, and the Secretary of Energy shall

10 jointly submit to the appropriate committees an annual

11 report on the implementation of this section for each of

12 the fiscal years 2008 through 2012.

13 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry

14 out this section, there are authorized to appropriated to

15 the President $5,000,000 for each of the fiscal years 2008

16 through 2012.

17 TITLE III—INTERNATIONAL

18 CLEAN ENERGY FOUNDATION

19 SEC. 301. DEFINITIONS.

20 In this title:

21 (1) BOARD.—The term ‘‘Board’’ means the

22 Board of Directors of the Foundation established

23 pursuant to section 302(c).

24 (2) CHIEF EXECUTIVE OFFICER.—The term

25 ‘‘Chief Executive Officer’’ means the chief executive
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1 officer of the Foundation appointed pursuant to sec2 tion 302(b).

3 (3) FOUNDATION.—The term ‘‘Foundation’’

4 means the International Clean Energy Foundation

5 established by section 302(a).

6 SEC. 302. ESTABLISHMENT AND MANAGEMENT OF FOUNDA7 TION.

8 (a) ESTABLISHMENT.—

9 (1) IN GENERAL.—There is established in the

10 executive branch a foundation to be known as the

11 ‘‘International Clean Energy Foundation’’ that shall

12 be responsible for carrying out the provisions of this

13 title. The Foundation shall be a government cor14 poration, as defined in section 103 of title 5, United

15 States Code.

16 (2) BOARD OF DIRECTORS.—The Foundation

17 shall be governed by a Board of Directors chaired by

18 the Secretary of State (or the Secretary’s designee)

19 in accordance with subsection (d).

20 (3) INTENT OF CONGRESS.—It is the intent of

21 Congress, in establishing the structure of the Foun22 dation set forth in this subsection, to create an enti23 ty that serves the long-term foreign policy and en24 ergy security goals of reducing global greenhouse gas

25 emissions.
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1 (b) CHIEF EXECUTIVE OFFICER.—

2 (1) IN GENERAL.—There shall be in the Foun3 dation a Chief Executive Officer who shall be re4 sponsible for the management of the Foundation.

5 (2) APPOINTMENT.—The Chief Executive Offi6 cer shall be appointed by the Board, with the advice

7 and consent of the Senate, and shall be a recognized

8 leader in clean and efficient energy technologies and

9 climate change and shall have experience in energy

10 security, business, or foreign policy, chosen on the

11 basis of a rigorous search.

12 (3) RELATIONSHIP TO BOARD.—The Chief Ex13 ecutive Officer shall report to, and be under the di14 rect authority of, the Board.

15 (4) COMPENSATION AND RANK.—

16 (A) IN GENERAL.—The Chief Executive

17 Officer shall be compensated at the rate pro18 vided for level III of the Executive Schedule

19 under section 5314 of title 5, United States

20 Code.

21 (B) AMENDMENT.—Section 5314 of title

22 5, United States Code, is amended by adding at

23 the end the following:

24 ‘‘Chief Executive Officer, International Clean Energy

25 Foundation.’’.
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1 (C) AUTHORITIES AND DUTIES.—The

2 Chief Executive Officer shall be responsible for

3 the management of the Foundation and shall

4 exercise the powers and discharge the duties of

5 the Foundation.

6 (D) AUTHORITY TO APPOINT OFFICERS.—

7 In consultation and with approval of the Board,

8 the Chief Executive Officer shall appoint all of9 ficers of the Foundation.

10 (c) BOARD OF DIRECTORS.—

11 (1) ESTABLISHMENT.—There shall be in the

12 Foundation a Board of Directors.

13 (2) DUTIES.—The Board shall perform the

14 functions specified to be carried out by the Board in

15 this title and may prescribe, amend, and repeal by16 laws, rules, regulations, and procedures governing

17 the manner in which the business of the Foundation

18 may be conducted and in which the powers granted

19 to it by law may be exercised.

20 (3) MEMBERSHIP.—The Board shall consist

21 of—

22 (A) the Secretary of State (or the Sec23 retary’s designee), the Secretary of Energy (or

24 the Secretary’s designee), and the Adminis25 trator of the United States Agency for Inter-
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1 national Development (or the Administrator’s

2 designee); and

3 (B) four other individuals with relevant ex4 perience in matters relating to energy security

5 (such as individuals who represent institutions

6 of energy policy, business organizations, foreign

7 policy organizations, or other relevant organiza8 tions) who shall be appointed by the President,

9 by and with the advice and consent of the Sen10 ate, of which—

11 (i) one individual shall be appointed

12 from among a list of individuals submitted

13 by the majority leader of the House of

14 Representatives;

15 (ii) one individual shall be appointed

16 from among a list of individuals submitted

17 by the minority leader of the House of

18 Representatives;

19 (iii) one individual shall be appointed

20 from among a list of individuals submitted

21 by the majority leader of the Senate; and

22 (iv) one individual shall be appointed

23 from among a list of individuals submitted

24 by the minority leader of the Senate.
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1 (4) CHIEF EXECUTIVE OFFICER.—The Chief

2 Executive Officer of the Foundation shall serve as a

3 nonvoting, ex officio member of the Board.

4 (5) TERMS.—

5 (A) OFFICERS OF THE FEDERAL GOVERN6 MENT.—Each member of the Board described

7 in paragraph (3)(A) shall serve for a term that

8 is concurrent with the term of service of the in9 dividual’s position as an officer within the other

10 Federal department or agency.

11 (B) OTHER MEMBERS.—Each member of

12 the Board described in paragraph (3)(B) shall

13 be appointed for a term of 3 years and may be

14 reappointed for a term of an additional 3 years.

15 (C) VACANCIES.—A vacancy in the Board

16 shall be filled in the manner in which the origi17 nal appointment was made.

18 (D) ACTING MEMBERS.—A vacancy in the

19 Board may be filled with an appointment of an

20 acting member by the Chairperson of the Board

21 for up to 1 year while a nominee is named and

22 awaits confirmation in accordance with para23 graph (3)(B).
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1 (6) CHAIRPERSON.—There shall be a Chair2 person of the Board. The Secretary of State (or the

3 Secretary’s designee) shall serve as the Chairperson.

4 (7) QUORUM.—A majority of the members of

5 the Board described in paragraph (3) shall con6 stitute a quorum, which, except with respect to a

7 meeting of the Board during the 135-day period be8 ginning on the date of the enactment of this Act,

9 shall include at least 1 member of the Board de10 scribed in paragraph (3)(B).

11 (8) MEETINGS.—The Board shall meet at the

12 call of the Chairperson, who shall call a meeting no

13 less than once a year.

14 (9) COMPENSATION.—

15 (A) OFFICERS OF THE FEDERAL GOVERN16 MENT.—

17 (i) IN GENERAL.—A member of the

18 Board described in paragraph (3)(A) may

19 not receive additional pay, allowances, or

20 benefits by reason of the member’s service

21 on the Board.

22 (ii) TRAVEL EXPENSES.—Each such

23 member of the Board shall receive travel

24 expenses, including per diem in lieu of sub25 sistence, in accordance with applicable pro-
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1 visions under subchapter I of chapter 57 of

2 title 5, United States Code.

3 (B) OTHER MEMBERS.—

4 (i) IN GENERAL.—Except as provided

5 in clause (ii), a member of the Board de6 scribed in paragraph (3)(B)—

7 (I) shall be paid compensation

8 out of funds made available for the

9 purposes of this title at the daily

10 equivalent of the highest rate payable

11 under section 5332 of title 5, United

12 States Code, for each day (including

13 travel time) during which the member

14 is engaged in the actual performance

15 of duties as a member of the Board;

16 and

17 (II) while away from the mem18 ber’s home or regular place of busi19 ness on necessary travel in the actual

20 performance of duties as a member of

21 the Board, shall be paid per diem,

22 travel, and transportation expenses in

23 the same manner as is provided under

24 subchapter I of chapter 57 of title 5,

25 United States Code.
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1 (ii) LIMITATION.—A member of the

2 Board may not be paid compensation

3 under clause (i)(II) for more than 90 days

4 in any calendar year.

5 SEC. 303. DUTIES OF FOUNDATION.

6 The Foundation shall—

7 (1) use the funds authorized by this title to

8 make grants to promote projects outside of the

9 United States that serve as models of how to signifi10 cantly reduce the emissions of global greenhouse

11 gases through clean and efficient energy tech12 nologies, processes, and services;

13 (2) seek contributions from foreign govern14 ments, especially those rich in energy resources such

15 as member countries of the Organization of the Pe16 troleum Exporting Countries, and private organiza17 tions to supplement funds made available under this

18 title;

19 (3) harness global expertise through collabo20 rative partnerships with foreign governments and

21 domestic and foreign private actors, including non22 governmental organizations and private sector com23 panies, by leveraging public and private capital,

24 technology, expertise, and services towards innova-
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1 tive models that can be instituted to reduce global

2 greenhouse gas emissions;

3 (4) create a repository of information on best

4 practices and lessons learned on the utilization and

5 implementation of clean and efficient energy tech6 nologies and processes to be used for future initia7 tives to tackle the climate change crisis; and

8 (5) be committed to minimizing administrative

9 costs and to maximizing the availability of funds for

10 grants under this title.

11 SEC. 304. ANNUAL REPORT.

12 (a) REPORT REQUIRED.—Not later than March 31,

13 2008, and each March 31 thereafter, the Foundation shall

14 submit to the appropriate congressional committees a re15 port on the implementation of this title during the prior

16 fiscal year.

17 (b) CONTENTS.—The report required by subsection

18 (a) shall include—

19 (1) the total financial resources available to the

20 Foundation during the year, including appropriated

21 funds, the value and source of any gifts or donations

22 accepted pursuant to section 305(a)(6), and any

23 other resources;

24 (2) a description of the Board’s policy priorities

25 for the year and the basis upon which competitive
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1 grant proposals were solicited and awarded to non2 governmental institutions and other organizations;

3 (3) a list of grants made to nongovernmental

4 institutions and other organizations that includes

5 the identity of the institutional recipient, the dollar

6 amount, and the results of the program; and

7 (4) the total administrative and operating ex8 penses of the Foundation for the year, as well as

9 specific information on—

10 (A) the number of Foundation employees

11 and the cost of compensation for Board mem12 bers, Foundation employees, and personal serv13 ice contractors;

14 (B) costs associated with securing the use

15 of real property for carrying out the functions

16 of the Foundation;

17 (C) total travel expenses incurred by Board

18 members and Foundation employees in connec19 tion with Foundation activities; and

20 (D) total representational expenses.

21 SEC. 305. POWERS OF THE FOUNDATION; RELATED PROVI22 SIONS.

23 (a) POWERS.—The Foundation—
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1 (1) shall have perpetual succession unless dis2 solved by a law enacted after the date of the enact3 ment of this Act;

4 (2) may adopt, alter, and use a seal, which shall

5 be judicially noticed;

6 (3) may make and perform such contracts,

7 grants, and other agreements with any person or

8 government however designated and wherever situ9 ated, as may be necessary for carrying out the func10 tions of the Foundation;

11 (4) may determine and prescribe the manner in

12 which its obligations shall be incurred and its ex13 penses allowed and paid, including expenses for rep14 resentation;

15 (5) may lease, purchase, or otherwise acquire,

16 improve, and use such real property wherever situ17 ated, as may be necessary for carrying out the func18 tions of the Foundation;

19 (6) may accept money, funds, services, or prop20 erty (real, personal, or mixed), tangible or intan21 gible, made available by gift, bequest grant, or oth22 erwise for the purpose of carrying out the provisions

23 of this Act from domestic or foreign private individ24 uals, charities, nongovernmental organizations, cor25 porations, or governments;
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H.L.C.

1 (7) may use the United States mails in the

2 same manner and on the same conditions as the ex3 ecutive departments;

4 (8) may contract with individuals for personal

5 services, who shall not be considered Federal em6 ployees for any provision of law administered by the

7 Office of Personnel Management;

8 (9) may hire or obtain passenger motor vehi9 cles; and

10 (10) shall have such other powers as may be

11 necessary and incident to carrying out this title.

12 (b) PRINCIPAL OFFICE.—The Foundation shall

13 maintain its principal office in the metropolitan area of

14 Washington, District of Columbia.

15 (c) APPLICABILITY OF GOVERNMENT CORPORATION

16 CONTROL ACT.—

17 (1) IN GENERAL.—The Foundation shall be

18 subject to chapter 91 of subtitle VI of title 31,

19 United States Code, except that the Foundation

20 shall not be authorized to issue obligations or offer

21 obligations to the public.

22 (2) CONFORMING AMENDMENT.—Section

23 9101(3) of title 31, United States Code, is amended

24 by adding at the end the following:
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1 ‘‘(R) the International Clean Energy

2 Foundation.’’.

3 (d) INSPECTOR GENERAL.—

4 (1) IN GENERAL.—The Inspector General of

5 the Department of State shall serve as Inspector

6 General of the Foundation, and, in acting in such

7 capacity, may conduct reviews, investigations, and

8 inspections of all aspects of the operations and ac9 tivities of the Foundation.

10 (2) AUTHORITY OF THE BOARD.—In carrying

11 out the responsibilities under this subsection, the In12 spector General shall report to and be under the

13 general supervision of the Board.

14 (3) REIMBURSEMENT AND AUTHORIZATION OF

15 SERVICES.—

16 (A) REIMBURSEMENT.—The Foundation

17 shall reimburse the Department of State for all

18 expenses incurred by the Inspector General in

19 connection with the Inspector General’s respon20 sibilities under this subsection.

21 (B) AUTHORIZATION FOR SERVICES.—Of

22 the amount authorized to be appropriated

23 under section 307(a) for a fiscal year, up to

24 $500,000 is authorized to be made available to

25 the Inspector General of the Department of
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1 State to conduct reviews, investigations, and in2 spections of operations and activities of the

3 Foundation.

4 SEC. 306. GENERAL PERSONNEL AUTHORITIES.

5 (a) DETAIL OF PERSONNEL.—Upon request of the

6 Chief Executive Officer, the head of an agency may detail

7 any employee of such agency to the Foundation on a reim8 bursable basis. Any employee so detailed remains, for the

9 purpose of preserving such employee’s allowances, privi10 leges, rights, seniority, and other benefits, an employee of

11 the agency from which detailed.

12 (b) REEMPLOYMENT RIGHTS.—

13 (1) IN GENERAL.—An employee of an agency

14 who is serving under a career or career conditional

15 appointment (or the equivalent), and who, with the

16 consent of the head of such agency, transfers to the

17 Foundation, is entitled to be reemployed in such em18 ployee’s former position or a position of like senior19 ity, status, and pay in such agency, if such

20 employee—

21 (A) is separated from the Foundation for

22 any reason, other than misconduct, neglect of

23 duty, or malfeasance; and
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1 (B) applies for reemployment not later

2 than 90 days after the date of separation from

3 the Foundation.

4 (2) SPECIFIC RIGHTS.—An employee who satis5 fies paragraph (1) is entitled to be reemployed (in

6 accordance with such paragraph) within 30 days

7 after applying for reemployment and, on reemploy8 ment, is entitled to at least the rate of basic pay to

9 which such employee would have been entitled had

10 such employee never transferred.

11 (c) HIRING AUTHORITY.—Of persons employed by

12 the Foundation, no more than 30 persons may be ap13 pointed, compensated, or removed without regard to the

14 civil service laws and regulations.

15 (d) BASIC PAY.—The Chief Executive Officer may fix

16 the rate of basic pay of employees of the Foundation with17 out regard to the provisions of chapter 51 of title 5,

18 United States Code (relating to the classification of posi19 tions), subchapter III of chapter 53 of such title (relating

20 to General Schedule pay rates), except that no employee

21 of the Foundation may receive a rate of basic pay that

22 exceeds the rate for level IV of the Executive Schedule

23 under section 5315 of such title.

24 (e) DEFINITIONS.—In this section—
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1 (1) the term ‘‘agency’’ means an executive

2 agency, as defined by section 105 of title 5, United

3 States Code; and

4 (2) the term ‘‘detail’’ means the assignment or

5 loan of an employee, without a change of position,

6 from the agency by which such employee is employed

7 to the Foundation.

8 SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

9 (a) AUTHORIZATION OF APPROPRIATIONS.—To carry

10 out this title, there are authorized to be appropriated

11 $20,000,000 for each of the fiscal years 2008 through

12 2012.

13 (b) ALLOCATION OF FUNDS.—

14 (1) IN GENERAL.—The Foundation may allo15 cate or transfer to any agency of the United States

16 Government any of the funds available for carrying

17 out this title. Such funds shall be available for obli18 gation and expenditure for the purposes for which

19 the funds were authorized, in accordance with au20 thority granted in this title or under authority gov21 erning the activities of the United States Govern22 ment agency to which such funds are allocated or

23 transferred.

24 (2) NOTIFICATION.—The Foundation shall no25 tify the appropriate congressional committees not
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46

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1 less than 15 days prior to an allocation or transfer

2 of funds pursuant to paragraph (1).
256

Chairman LANTOS. I am now pleased to recognize my friend. 

Mr. MANZULLO. Thank you, Mr. Chairman. 

I understand that there will be some Democratic amendments 

adopted to the bill first, and then I will be able to offer my amendment in the nature of a substitute. I believe it is Mr. Green who 

will be offering those amendments. 

Can the chairman assure me that it will be in order for me to 

offer my amendment after the Democratic amendments have been 

considered and that no point of order will be raised against my 

amendment based upon the fact that these first amendments were 

considered and adopted? 

Chairman LANTOS. I am pleased to reassure my friend that his 

understanding is correct. 

Mr. MANZULLO. Thank you, Mr. Chairman. 

Chairman LANTOS. It is a pleasure. 

Without objection, the bill will be considered as read and open 

for amendment at any point. 

Mr. GREEN. Mr. Chairman, I have an amendment. 

Chairman LANTOS. If you will hold for a minute, the chair yields 

himself 5 minutes to explain the legislation. 

I am very delighted today to move forward with H.R. 2420, the 

International Climate Cooperation Re-engagement Act of 2007. 

At the outset, let me thank my good friend and colleague from 

New Jersey, Congressman Chris Smith, for his help in crafting this 

important bipartisan measure to combat global warming, which 

has a total of 26 committee members as co-sponsors of the bill. 

The legislation before us today is the product of an extensive 

committee investigation into the American Government’s response 

to climate change, including two full committee hearings on the 

subject of energy independence and global warming. With the passage of the Lantos-Smith bill, the Foreign Affairs Committee will 

have responded strongly to Speaker Pelosi’s call for all committees 

of jurisdiction to produce legislation to begin the long process of 

tackling global warming and encouraging energy independence. I 

anticipate that our bill will be considered on the floor of the House 

in July along with climate change measures produced by other 

committees of jurisdiction. 

The Lantos-Smith bill signals a turning point in the United 

States’ engagement with the international community on global 

warming. No longer will we debate and delay endlessly concerning 

this crisis. We will finally act to curtail global warming in a farreaching and significant way. 

Title I of our bill sets out the blueprint for high-level global diplomatic engagement. This means sending senior level officials to 

negotiate a binding deal rather than sending low-level bureaucrats 

to meetings to figure out how best to stall and delay and fail to act. 

This section also sets out negotiating instructions based on real 

science and the lessons from carbon emission policies elsewhere, a 

viable target for stabilizing carbon dioxide concentration in the atmosphere of the Earth, binding emissions reduction targets, technology sharing agreements, and flexible mechanisms such as cap 

and trade to make the agreement economically palatable. Unlike 

the Kyoto Agreement, we call for binding emissions commitments 

from both China and India. 
257

Title II of our measure sets out specific steps that we will take 

to help nations develop and adopt clean and renewable energy production. This includes funding for crucial technology sharing and 

energy assistance programs. Again, it leverages existing institutions and agencies—USAID, the Commerce Department and the 

underused Clean Energy Technology Experts Initiative, which 

bring together many agencies. 

Let me stress that our legislation is not a budget-busting bill. 

The funding provided in this title represents a modest 20 percent 

increase over traditional funding levels for these types of activities, 

which, given the potentially catastrophic impact of global warming 

on human civilization, is a very modest increase, indeed. 

Title II of our legislation engages China and India specifically. As 

some of the largest polluters and most robustly growing economies, 

we simply cannot stem global warming without serious collaboration with China and India. 

Title III establishes an International Clean Energy Foundation. 

I am very excited about this idea. The foundation will act as an 

international clearinghouse for an exchange of innovative ideas to 

reduce greenhouse gas emissions. Every relevant aspect of societies 

around the world will participate—NGOs, private companies, climate and energy scientists and foreign governments. We have 

crafted a slim, efficient entity to carry out the work of the foundation and have limited its funding to $20 million per year. 

The Lantos-Smith bill is a bipartisan measure to reinvigorate the 

American leadership on global warming. I urge all of my colleagues 

on both sides of the aisle to join Mr. Smith and me in supporting 

this very important legislation. 

I am now pleased to yield to my friend from Florida, the ranking 

member, to express her views on this legislation. 

Ms. ROS-LEHTINEN. Thank you so much as always, Mr. Chairman. 

When my good friend, the chairman, announced yesterday that 

he had introduced his bill on climate change, he said that the 

United States should be a leader on this issue, and I agree with 

him that the United States can be a leader on a number of global 

environmental challenges, including the issue of climate change, 

and I think the United States already is a leader on a number of 

environmental fronts. The extensive efforts undertaken by the 

United States Government in recent years to promote environmentally friendly technologies and practices are clearly outlined in 

the climate change report submitted to Congress under the requirements of the Energy Policy Act of 2005. The report covered a broad 

range of activities undertaken by the Department of State, the U.S. 

Agency for International Development, USTR, the EPA, and the 

Departments of Energy and Commerce. 

We can always do more, and if the bill before us had offered innovative, new ideas and approaches to address the range of global 

environmental challenges, I would have been happy to support it. 

However, that was not to be. The bill sets up a new office structure 

at the State Department to focus on climate change, but it ignores 

the fact that we already have an office in the Department’s Bureau 

of Oceans, Environment and Sciences that deals with these issues. 
258

The bill is silent on how many new personnel will be needed in this 

new office and at what cost. 

The legislation also seems to ignore the current efforts and existence of the senior climate negotiator and special representative by 

creating a new duplicative position. The bill authorizes $1 billion 

over 5 years in new funds for USAID, but it is not clear how this 

figure is calculated. We have received an estimate from the majority of anywhere from $100 million to $180 million a year that 

USAID currently expends on environmental programs in developing countries. The $200 million yearly authorized by this bill 

would apparently be in addition to that given that the findings in 

title II of the bill have several references to ‘‘programs suffering 

from low levels of Federal funding.’’

Furthermore, the bill sets up a new foundation, authorizing more 

funds for that new organization, but does not explain what the new 

foundation would do that is new and different from existing programs and efforts. 

We recently had a debate in the House on the intelligence authorization which contained a provision mandating that the Intelligence Community use its resources to develop a National Intelligence Estimate on the issue of global warming. There were concerns about using intelligence funds for that purpose, but the provision was adopted by the House. In that context, we anticipated 

that the majority would wait to receive an assessment of the nature and the extent of the problem as well as the range of factors 

contributing to it and recommendations on how to best address 

those issues. 

However, here we are marking up legislation that arranges for 

new funds that set up additional offices and a new foundation without further review beyond the one committee hearing held last 

week on this matter. Regrettably, we did not have any input from 

official witnesses during that hearing. We did have a good panel of 

three private witnesses, and their testimony and comments were 

informative, but I would be surprised if any of our members walked 

away from that one hearing thinking that the path to addressing 

climate change is a clear one. 

We all share the desire to do more to exert U.S. leadership in the 

environmental realm, and that is why we proposed a number of 

amendments to the majority for their consideration. These amendments sought to extend the bill’s focus beyond just global climate 

change and sought to better target existing resources, operations 

and programs on addressing the range of global environmental 

challenges. Then, if needed, we would develop new legislative strategies based on a more careful assessment of these challenges. 

Unlike the nuclear fuel bank bill and the Afghanistan Freedom 

Support Act reauthorization bill, we were unable to come to a mutually acceptable agreement. Our proposals are now incorporated in 

an amendment in the nature of a substitute to be offered by Mr. 

Manzullo, the ranking member of the Subcommittee on Asia, the 

Pacific, and the Global Environment. 

I ask my colleagues on the committee to render their full support 

to the Manzullo substitute. 

Thank you, Mr. Chairman. 
259

Chairman LANTOS. I want to thank my friend, and I want to 

yield to the lead Republican co-sponsor of this legislation, Mr. 

Smith of New Jersey. 

Mr. SMITH OF NEW JERSEY. Thank you very much, Mr. Chairman. 

I want to thank you for introducing this important legislation. I 

am very proud to be a co-sponsor of it. 

In this important and timely piece of legislation, Mr. Chairman, 

Congress will be recognizing that the continued buildup of greenhouse gases threatens the stability as well as the sustainability of 

the global climate and that climate change is a global challenge 

that must be addressed and done so vigorously. It requires a coordinated response by the international community that reduces 

global emissions to a stabilized level, and this bill lays out the 

framework by which the U.S. can take a leading role in accomplishing that goal. The bill’s statement of policy emphasizes the necessity for all—and I repeat all—major greenhouse-emitting countries to more fully cooperate in reducing and stabilizing atmospheric concentrations of these gases. As I think every member 

knows, rapidly industrializing countries, especially China and 

India, are a major pollution contributor. They need to be the focus 

of a concentrated diplomatic strategy to obtain a consensus toward 

achieving this goal. 

I would remind my colleagues that Kyoto, although it had some 

very good intentions, left out China and India from the enforcement mechanism, an egregious flaw that needs to be remedied, and 

hopefully this legislation starts paving the way for a new instrument to succeed the Kyoto Protocol when the first amendment period expires in 2012. We want China and India to be part of the 

mechanism. 

In the time that you and I have served in Congress, Mr. Chairman, we have witnessed how the designation of an office within the 

State Department to focus attention and energy on critical issues 

can achieve notable results within a very short period of time. This 

has been the case, for example, with the Office to Monitor and 

Combat Human Trafficking. 

As you know, the Trafficking Victims Protection Act created that 

position, and we also created the ambassador-at-large. In like manner, we did so with the International Religious Freedom Act, which 

was opposed by the previous administration. They did not want a 

new office. They were very much against it. That office, led by Ambassador John Hanford, has done yeoman’s work in trying to mitigate the issue of religious persecution around the world. It was the 

focus of the trafficking and the religious freedom offices that had 

made a profound difference, not only within the State Department 

but around the world. The idea of an office and an ambassador-atlarge is an idea that has proven itself time and time again. The 

replication of that concept in this legislation I think will move the 

ball forward on the climate change issue. 

I would also point out to my colleagues that the idea is not all 

that new. I introduced a bill in 1990, H.R. 4695, on May 1st of 

1990, to create such an office 17 years ago. Had that office been 

up and running, I think we would have had much more success in 
260

coordinating policy around the world as well as within our own 

country. 

So I say to my colleagues who say it is duplicative, we heard that 

argument before. We heard it on trafficking. We heard it on religious freedom. In each instance, it has proven itself to be extremely 

valuable as an office to walk point on a particular issue. 

Mr. Chairman, we know that climate change has had a disproportionate impact on the vulnerable, poor populations of the 

world. Therefore, I am pleased that this legislation includes the authorization of funding for developing countries to promote clean 

and efficient energy technologies. This is an important aspect of 

creating a local, sustainable capacity and will complement well the 

other programs’ goals of our foreign assistance. 

The creation of an International Clean Energy Foundation promises to add a particularly effective tool in our arsenal against adverse climate change, and our Nation will promote programs that 

serve as models for significantly reducing global greenhouse gas 

emissions through clean and efficient energy technologies, processes and services. Partnerships with foreign governments, especially with member organizations of the Organization of Petroleum 

Exporting Countries as well as the private sector, will be sought in 

order to leverage resources. The foundation will also be charged 

with harnessing global knowledge from experts around the world 

and with creating a repository of information on best practices for 

the utilization of clean and efficient energy technologies. 

Just a couple of weeks ago, Mr. Chairman, a group of businesses 

and leading environmental organizations, including Shell, the Dow 

Chemical Company, Johnson & Johnson—which has its world 

headquarters just north of my district in New Brunswick—and 

Duke Energy, issued a formal statement calling on the Federal 

Government to ‘‘take immediate action to enact mandatory national 

legislation to achieve significant reductions of greenhouse gas emissions.’’ This legislation responds to their call and to the call of 

many and to the expectations of the American people that we address this serious issue with significant and decisive action. 

I thank the chairman, and I yield back the balance of my time. 

Chairman LANTOS. Thank you, Mr. Smith. 

Let me reassure all of my colleagues that everybody will have an 

opportunity to express his or her views on this most important 

piece of legislation. 

I now turn to Mr. Green for his amendments. 

Mr. GREEN. Thank you, Mr. Chairman, and I actually have four 

amendments I would like to be able to have considered en bloc. 

Chairman LANTOS. Without objection. 

[The information referred to follows:]
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262

Mr. GREEN. Thank you. 

The first amendment, Mr. Chairman, I would like to have it considered read. 

Chairman LANTOS. Without objection. 

Mr. GREEN. May I proceed? 

Mr. Chairman and members, the first amendment will clarify 

that the policy of the United States on any international agreement 

negotiated on climate change would take into consideration the impact that it would have on American industry and American competitiveness. I have a very industrial district, and we believe we 

can compete, and it provides both good paying jobs and our manufacturing base. I would hope that our agency we are creating here 

would make sure that they place as a priority making sure that we 

do not have a competitive disadvantage with other foreign industries when we deal with climate change issues. 

The second and third amendments would require the USAID and 

the International Clean Energy Foundation, respectively, to promote the use of American-made clean energy, efficient energy technologies whenever possible when implementing sections 202 and 

203 of the bill. 

Finally, the last amendment would amend section 203 of the underlying bill and give the Commerce Secretary discretion to expand 

the United States clean energy exports and outreach to other countries beyond just China and India. 

I know yesterday we talked, and I understand they are acceptable. 

Chairman LANTOS. The chair wishes to state that all amendments offered by Mr. Green are accepted by the chair, and the 

chair strongly supports them. 

Mr. GREEN. Thank you, Mr. Chairman. 

Chairman LANTOS. We now turn to Mr. Manzullo. 

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

I have an amendment in the nature of a substitute at the desk. 

Could someone give the amendment to the Clerk, please? 

Chairman LANTOS. Can we get a copy to the Clerk? 

The Clerk will read the amendment. 

Ms. RUSH. An amendment in the nature of a substitute——

[The information referred to follows:]
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H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 2420

OFFERED BY MR. MANZULLO OF ILLINOIS

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

3 ‘‘Enhancements to Fighting Global Pollution Act of

4 2007.’’

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

6 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Definitions.

TITLE I—UNITED STATES POLICY ON GLOBAL CLIMATE CHANGE

Sec. 101. Congressional findings.

Sec. 102. Congressional statement of policy.

Sec. 103. Redesignation of Environmental Directorate of the Bureau of Oceans

and International Environmental and Scientific Affairs (OES)

of the Department of State; Ambassador-at-Large for Global

Environment.

TITLE II—ASSISTANCE TO PROMOTE CLEAN AND EFFICIENT

ENERGY TECHNOLOGIES IN FOREIGN COUNTRIES

Sec. 201. United states assistance for developing countries.

Sec. 202. United states exports and outreach programs for India, the People’s

Republic of China, and Brazil.

Sec. 203. United states trade missions to encourage private sector trade and investment.

Sec. 204. Actions by Overseas Private Investment Corporation.

Sec. 205. Actions by United States Trade and Development Agency.

Sec. 206. Global environment exchange program.

Sec. 207. Promotion of United States environmental exports.
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H.L.C.

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Foreign Affairs of

6 the House of Representatives and the Committee on

7 Foreign Relations of the Senate.

8 (2) CLEAN AND EFFICIENT ENERGY TECH9 NOLOGY.—The term ‘‘clean and efficient energy

10 technology’’ means an energy supply, end-use, or

11 pollution-reduction technology—

12 (A) such as—

13 (i) solar technology;

14 (ii) wind technology;

15 (iii) geothermal technology;

16 (iv) hydroelectric technology;

17 (v) carbon capture technology;

18 (vi) alternative fuels technology;

19 (vii) wastewater treatment technology;

20 (viii) water purification technology;

21 (ix) desalination technology; and

22 (x) other water recovery technology;

23 and

24 (B) that, over its life cycle and compared

25 to a similar technology already in commercial

26 use—
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1 (i) is reliable, affordable, economically

2 viable, socially acceptable, and compatible

3 with the needs and norms of the country

4 involved;

5 (ii) results in—

6 (I) reduced emissions of green7 house gases; or

8 (II) increased geological seques9 tration; and

10 (iii) may—

11 (I) substantially lower air or

12 water pollutants;

13 (II) generate substantially small14 er or less hazardous quantities of solid

15 or liquid waste; or

16 (III) improve water quality.

17 (3) ENVIRONMENT.—The term ‘‘environment’’

18 means the complex of physical, chemical, and biotic

19 factors (as climate, soil, and living things) that act

20 upon an organism or an ecological community and

21 ultimately determine its form and survival.

22 (4) POLLUTION.—The term ‘‘pollution’’ means

23 the act of contaminating an environment—air,

24 water, or ground—especially with man-made waste.
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H.L.C.

1 (5) GLOBAL ENVIRONMENTAL CHALLENGES.—

2 The term ‘‘global environmental challenges’’ means

3 difficult problems facing the environment that in4 volves two or more countries with regard to finding

5 solutions to reducing pollution that crosses national

6 boundaries.

7 TITLE I—UNITED STATES POL8 ICY ON GLOBAL CLIMATE

9 CHANGE

10 SEC. 101. CONGRESSIONAL FINDINGS.

11 Congress makes the following findings:

12 (1) Many environmental problems are multi13 faceted, respect no borders, and threaten the health,

14 prosperity, and even the national security of Ameri15 cans.

16 (2) Pesticide contamination of food and water,

17 polluted air, and invasive plant and animal species

18 can take their toll on America’s welfare and econ19 omy.

20 (3) When people around the world lack access

21 to energy, clean water, food, or a livable environ22 ment, the economic instability and political unrest

23 that may result can be felt in America in the form

24 of costly peacekeeping and humanitarian interven25 tions or lost markets.
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1 (4) Addressing these problems and achieving

2 sustainable management of natural resources world3 wide requires the cooperation and commitment of all

4 countries.

5 SEC. 102. CONGRESSIONAL STATEMENT OF POLICY.

6 Congress declares the policy of the United States to

7 be that the United States Government should negotiate

8 effective science-based global treaties and promote their

9 enforcement, develop international initiatives with key

10 countries to harness market forces to the cause of sustain11 able development, and create a foreign policy framework

12 in which innovative public-private partnerships involving

13 United States interests can flourish in developed and de14 veloping countries worldwide with the goal to reduce global

15 pollution.

16 SEC. 103. REDESIGNATION OF ENVIRONMENTAL DIREC17 TORATE OF THE BUREAU OF OCEANS AND

18 INTERNATIONAL ENVIRONMENTAL AND SCI19 ENTIFIC AFFAIRS (OES) OF THE DEPART20 MENT OF STATE; AMBASSADOR-AT-LARGE

21 FOR GLOBAL ENVIRONMENT.

22 Section 9 of the Department of State Appropriations

23 Authorization Act of 1973 (22 U.S.C. 2655a) is amended

24 by adding at the end the following new subsection:
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H.L.C.

1 ‘‘(b)(1) The Environmental Directorate of the Bu2 reau of Oceans and International Environmental and Sci3 entific Affairs (OES) of the Department of State is hereby

4 redesignated as the Global Environmental Directorate

5 (hereinafter in this subsection referred to as the ‘Direc6 torate’).

7 ‘‘(2)(A) The Ambassador-at-Large for Global Envi8 ronment, appointed by the President, by and with the ad9 vice and consent of the Senate, shall be the head of the

10 Directorate (hereinafter in this subsection referred to as

11 the ‘Ambassador-at-Large’).

12 ‘‘(B) The individual serving as the Deputy Assistant

13 Secretary for Environment on the day before the date of

14 the enactment of the Enhancements to Fighting Global

15 Pollution Act of 2007 may serve in the Ambassador-at16 Large position established pursuant to subparagraph (A)

17 as Acting Ambassador-at-Large until the date that an in18 dividual nominated to such position by the President is

19 confirmed by the Senate.

20 ‘‘(3)(A) The primary responsibility of the Ambas21 sador-at-Large shall be to—

22 ‘‘(i) advance the goals of the United States

23 with respect to reducing the emissions of global

24 greenhouse gases and addressing the challenges

25 posed by global environmental challenges; and
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H.L.C.

1 ‘‘(ii) focus on transboundary air quality,

2 protection of the stratospheric ozone layer,

3 global climate change, international chemicals

4 management, the transboundary movement of

5 hazardous wastes, persistent organic pollutants,

6 environmental aspects of free trade agreements,

7 international forestry conservation, biological

8 diversity, desertification, wildlife conservation,

9 and the protection of wetlands and coral reefs.

10 ‘‘(B) The Ambassador-at-Large—

11 ‘‘(i) shall be a principal adviser to the Sec12 retary of State on matters relating to global en13 vironmental challenges;

14 ‘‘(ii) shall make recommendations to the

15 President and the Secretary of State on policies

16 of the United States Government concerning

17 global cooperation on addressing global environ18 ment challenges; and

19 ‘‘(iii) shall report to the appropriate con20 gressional committees not later than September

21 1 of each year on the strategies, politics, and

22 actions of the United States for reducing global

23 pollution and addressing global environmental

24 challenges.
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H.L.C.

1 ‘‘(C) Subject to the direction of the President

2 and the Secretary of State, the Ambassador-at3 Large is authorized to represent the United States

4 in matters and cases relating to global environ5 mental challenges in—

6 ‘‘(i) contacts with foreign governments,

7 intergovernmental organizations, and special8 ized agencies of the United Nations, the Orga9 nization on Security and Cooperation in Eu10 rope, and other international organizations of

11 which the United States is a member; and

12 ‘‘(ii) multilateral conferences and meetings

13 relating to global climate change.

14 ‘‘(4) The Senior Climate Negotiator and Special Rep15 resentative (or any successor entity) of the Bureau of

16 Oceans and International Environmental and Scientific

17 Affairs (OES) of the Department of State shall report to

18 and be under the direction of the Ambassador-at-Large

19 in the Ambassador’s capacity as head of the Directorate.’’.
271

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H.L.C.

1 TITLE II—ASSISTANCE TO PRO2 MOTE CLEAN AND EFFICIENT

3 ENERGY TECHNOLOGIES IN

4 FOREIGN COUNTRIES

5 SEC. 201. UNITED STATES ASSISTANCE FOR DEVELOPING

6 COUNTRIES.

7 (a) ASSISTANCE AUTHORIZED.—Of funds appro8 priated for the United States Agency for International De9 velopment, the Administrator of the United States Agency

10 for International Development is authorized to use such

11 funds as may be deemed necessary to shall support policies

12 and programs in developing countries that promote clean

13 and efficient energy technologies—

14 (1) to produce the necessary market conditions

15 for the private sector delivery of energy and environ16 mental management services; and

17 (2) to create an environment that is conducive

18 to accepting clean and efficient energy technologies

19 that support the overall purpose of reducing global

20 environmental challenges, including—

21 (A) improving policy, legal, and regulatory

22 frameworks;

23 (B) increasing institutional abilities to pro24 vide energy and environmental management

25 services; and
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H.L.C.

1 (C) increasing public awareness and par2 ticipation in the decision-making of delivering

3 energy and environmental management services.

4 (b) REPORT.—The Administrator of the United

5 States Agency for International Development shall submit

6 to the appropriate committees an annual report on the im7 plementation of this section for each of the fiscal years

8 2008 through 2012.

9 SEC. 202. UNITED STATES EXPORTS AND OUTREACH PRO10 GRAMS FOR INDIA, THE PEOPLE’S REPUBLIC

11 OF CHINA, AND BRAZIL.

12 (a) ASSISTANCE AUTHORIZED.—The Secretary of

13 Commerce shall direct the United States and Foreign

14 Commercial Service to expand or create a corps of Foreign

15 Commercial Service officers to promote United States ex16 ports in clean and efficient energy technologies and build

17 the capacity of government officials in India, the People’s

18 Republic of China, and Brazil to become more familiar

19 with the available technologies—

20 (1) by creating Foreign Commercial Service

21 attache ́s, who have expertise in clean and efficient

22 energy technologies from the United States, to em23 bark on business development and outreach efforts

24 to India, China, and Brazil; and
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1 (2) by deploying the attache ́s described in para2 graph (1) to educate provincial, state, and local gov3 ernment officials in India, China, and Brazil on the

4 variety of United States-based technologies in clean

5 and efficient energy technologies for the purposes of

6 promoting United States exports and reducing global

7 pollution.

8 (b) REPORT.—The Secretary of Commerce shall sub9 mit to the appropriate committees an annual report on

10 the implementation of this section for each of the fiscal

11 years 2008 through 2012.

12 SEC. 203. UNITED STATES TRADE MISSIONS TO ENCOUR13 AGE PRIVATE SECTOR TRADE AND INVEST14 MENT.

15 (a) ASSISTANCE AUTHORIZED.—The Secretary of

16 Commerce shall direct the International Trade Adminis17 tration to expand or create trade missions to and from

18 the United States to encourage private sector trade and

19 investment in clean and efficient energy technologies—

20 (1) by organizing and facilitating trade mis21 sions to foreign countries and by matching United

22 States private sector companies with opportunities in

23 foreign markets so that clean and efficient energy

24 technologies can help to combat global pollution; and
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1 (2) by creating reverse trade missions in which

2 the Department of Commerce facilitates the meeting

3 of foreign private and public sector organizations

4 with private sector companies in the United States

5 for the purpose of showcasing clean and efficient en6 ergy technologies in use or in development that could

7 be exported to other countries.

8 (b) REPORT.—The Secretary of Commerce shall sub9 mit to the appropriate committees an annual report on

10 the implementation of this section for each of the fiscal

11 years 2008 through 2012.

12 SEC. 204. ACTIONS BY OVERSEAS PRIVATE INVESTMENT

13 CORPORATION.

14 (a) FINDINGS.—Congress finds the following:

15 (1) Many of the emerging markets within which

16 the Overseas Private Investment Corporation sup17 ports projects have immense energy needs and will

18 require significant investment in the energy sector in

19 the coming decades.

20 (2) The use or lack of use of clean and efficient

21 energy technologies can have a dramatic effect on

22 the rate of global pollution from emerging markets

23 in the coming decades.

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that the Overseas Private Investment Corporation
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1 should promote greater investment in clean and efficient

2 energy technologies by—

3 (1) proactively reaching out to United States

4 companies that are interested in investing in clean

5 and efficient energy technologies in countries that

6 are significant contributors to global pollution;

7 (2) giving preferential treatment to the evalua8 tion and awarding of projects that involve the invest9 ment or utilization of clean and efficient energy

10 technologies; and

11 (3) providing greater flexibility in supporting

12 projects that involve the investment or utilization of

13 clean and efficient energy technologies, including fi14 nancing, insurance, and other assistance.

15 (c) REPORTING REQUIREMENT.—The Overseas Pri16 vate Investment Corporation shall include in its annual re17 port required under section 240A of the Foreign Assist18 ance Act of 1961 a description of the activities carried

19 out to implement the policy of subsection (b).

20 SEC. 205. ACTIONS BY UNITED STATES TRADE AND DEVEL21 OPMENT AGENCY.

22 (a) ASSISTANCE AUTHORIZED.—The Director of the

23 Trade and Development Agency shall establish or support

24 policies that—
276

14

H.L.C.

1 (1) proactively seek opportunities to fund

2 projects that involve the utilization of clean and effi3 cient energy technologies, including in trade capacity

4 building and capital investment projects;

5 (2) give preferential treatment to the evaluation

6 and awarding of projects that involve the utilization

7 of clean and efficient energy technologies, particu8 larly to countries that have the potential for signifi9 cant reduction in global pollution; and

10 (3) recruit and retain individuals with appro11 priate expertise in clean, renewable, and efficient en12 ergy technologies to identify and evaluate opportuni13 ties for projects that involve clean and efficient en14 ergy technologies and services.

15 (b) REPORT.—The President shall include in the an16 nual report on the activities of the Trade and Development

17 Agency required under section 661(d) of the Foreign As18 sistance Act of 1961 (22 U.S.C. 2421(d)) a description

19 of the activities carried out to implement this section.

20 SEC. 206. GLOBAL ENVIRONMENT EXCHANGE PROGRAM.

21 (a) PROGRAM AUTHORIZED.—The Secretary of State

22 is authorized to establish a program within the Bureau

23 of Education and Cultural Affairs to strengthen research,

24 educational exchange, and international cooperation with

25 the aim of reducing global pollution. The program author-
277

15

H.L.C.

1 ized by this subsection shall be carried out pursuant to

2 the authorities of the Mutual Educational and Cultural

3 Exchange Act of 1961 (22 U.S.C. 2451 et seq.) and may

4 be referred to as the ‘‘Global Environmental Exchange

5 Program’’.

6 (b) ELEMENTS.—The program authorized by sub7 section (a) shall contain the following elements:

8 (1) The financing of studies, research, instruc9 tion, and other educational activities dedicated to re10 ducing carbon emissions and addressing the chal11 lenges of global pollution—

12 (A) by or to United States citizens and na13 tionals in foreign universities, governments, or14 ganizations, companies, or other institutions,

15 and

16 (B) by or to citizens and nationals of for17 eign countries in United States universities,

18 governments, organizations, companies, or other

19 institutions.

20 (2) The financing of visits and exchanges be21 tween the United States and other countries of stu22 dents, trainees, teachers, instructors, professors, re23 searchers, and other persons who study, teach, and

24 conduct research in subjects such as the physical

25 sciences, environmental science, public policy, eco-
278

16

H.L.C.

1 nomics, urban planning, and other subjects and

2 focus on reducing global pollution and addressing

3 global environmental challenges.

4 (c) REPORT.—The Assistant Secretary of the Bureau

5 of Education and Cultural Affairs shall transmit to the

6 appropriate committees an annual report on the imple7 mentation of this section for each of the fiscal years 2008

8 through 2012.

9 SEC. 207. PROMOTION OF UNITED STATES ENVIRON10 MENTAL EXPORTS.

11 (a) REQUIREMENT.—The President shall direct the

12 Trade Promotion Coordinating Committee to make the ex13 port of clean energy and efficient energy technology ex14 ports from the United States a high priority of the United

15 States Government.

16 (b) REPORT.—The Administrator of the United

17 States Agency for International Development, the Sec18 retary of Commerce, and the Secretary of Energy, the En19 vironmental Protection Agency, the Export-Import Bank

20 of the United States, the Overseas Private Investment

21 Corporation, the Secretary of Treasury, and the United

22 States Trade Representative shall jointly submit to the ap23 propriate committees an annual report under the auspices

24 of the Trade Promotion Coordinating Committee on the
279

17

H.L.C.

1 implementation of this section for each of the fiscal years

2 2008 through 2012.
280

Mr. MANZULLO. I would ask unanimous consent to dispense with 

the reading of the amendment. 

Chairman LANTOS. Without objection. 

The gentleman is recognized. 

Mr. MANZULLO. Thank you, Mr. Chairman. 

I am very sympathetic toward the goal that you are trying to 

achieve and agree with you. Despite anybody’s opinion as to whether or not global warming is occurring, we should all unite behind 

an effort to combat all forms of pollution and promote the sale of 

U.S. environmental exports. However, I believe this bill is flawed 

for three main reasons. 

First, the practical effect of H.R. 2420 only proposes to combat 

air pollution even though numerous reports and studies show that 

conflict over access to clean water and contaminated food is more 

of an immediate threat to our national and economic security than 

climate change. 

The U.N. Development Program’s Human Development Report of 

2006 states that there is a growing crisis with respect to clean 

water, and if it is not addressed as a priority issue it will inherently lead to greater insecurity around the world. Just because advocates for clean water do not have a famous person to make a 

movie for them, it should not detract from the mission that we 

should unite together to combat all forms of pollution and not those 

just involving air. 

Second, the underlying bill increases government spending and 

adds to the size and scope of the Federal Government. H.R. 2420 

creates a new, duplicative office at the State Department with duties that are already being performed in some capacity by five 

other offices at State. The underlying bill proposes to create an 

International Clean Energy Foundation that duplicates the work 

already performed by the U.N. Fund for International Partnerships. The bill proposes to authorize spending $100 million over 5 

years on establishing this foundation to make grants to projects 

outside the U.S. that model how to reduce greenhouse gases. 

H.R. 2420 also proposes to create five new programs or initiatives such as a new international exchange program at a cost of 

over $1 billion. I simply do not know how we are going to pay for 

this. As the chairman will recall, it was not but a couple of weeks 

ago that we passed out of committee another bill on increasing 

international exchange programs, named in honor of the late Senator Paul Simon. This is still another international exchange program. 

Third, I have very serious problems with the process of handling 

this legislation. As the ranking Republican of the subcommittee 

that deals with global environmental issues, we never had a chance 

to closely examine this legislation. No hearings were held at the 

subcommittee level. In fact, the subcommittee plans to hold a hearing on climate change next month after the bill is marked up. The 

one hearing held at the full committee level last week involved no 

participation by the administration, which has serious concerns 

about the legislation. The bill seems to be driven more by an artificial deadline imposed by the Democratic leadership than by an effort to develop good public policy. 
281

Earlier this month, the House voted to require a National Intelligence Estimate on global climate change. Yet, before we even get 

the intelligence authorization bill out of conference committee, we 

developed a bill to create more bureaucracy to bolster our Government’s effort to respond to climate change. We could have worked 

together to develop a good bipartisan package. 

For example, H.R. 2420 only included China and India but not 

Brazil, a similarly large developing country, as a priority for the 

export of United States environmental technologies. This mistake 

could have easily been rectified if the minority had been adequately 

consulted. H.R. 2420 contains a statement of congressional policy 

that the U.S. shall negotiate new binding mitigation commitments 

from all major emitting countries based on their level of development under the U.N. Framework Convention on Climate Change. 

Then there was the Senate vote of 95 to 0 a few years ago against 

such a commitment because the economic dynamos like China, 

India and Brazil were left out of our manufacturing sector. Our 

heavy manufacturing districts, such as Mr. Green’s district, cannot 

take any more hits to our global competitiveness if the United 

States proposes new regulations on their sector or gives a pass to 

the major competitors in the developing world. 

Finally, the minority never received a final version of this legislation until 1:38 p.m. yesterday, less than 24 hours before the markup. That makes it very difficult to have meaningful input. However, Mr. Chairman, my amendment rectifies all of these problems. 

It brings us back to what unites us all. We should be doing all in 

our power to combat global pollution. 

Instead of creating yet another bureaucratic office, my amendments streamlines the five offices at State that deal in some way 

with climate change and elevates to ambassadorship the importance of the Environmental Directorate at State to confront all 

problems of global pollution, including climate change. In this tight 

budgetary climate, it saves over $1 billion in potential spending 

over the next 5 years by eliminating all of the authorization levels 

and requires the funding to come out of existing sources. 

Last, it makes relevant export promotion agencies focus like a 

laser beam on promoting United States environmental exports, particularly to the emerging economies of China, India and Brazil. 

In effect, Mr. Chairman, the substitute not only encompasses all 

of the goals of the underlying bill, but adds critical areas of water, 

food contamination, biodiversity, et cetera, and at the same time it 

costs the taxpayers nothing more, saving over $1 billion on the underlying bill. 

Mr. Chairman, I respectfully ask for your support and the support of my colleagues for my amendments because it takes a good 

underlying bill, perfects it, and makes it a lot better. 

Thank you very much. 

Chairman LANTOS. I want to thank my friend from Illinois for offering this amendment. 

It is the intention of the chair to recognize colleagues, alternating 

between the two sides. Last, I will make some comments on the 

Manzullo amendment. 

Mr. Ackerman. 

Ms. Ros-Lehtinen. 
282

Ms. ROS-LEHTINEN. Thank you, Mr. Chairman. 

I had made my position clear in my opening statement. I hope 

that all of our members support the Manzullo amendment, which 

gets at the heart of the problem and does not duplicate an already 

existing system. 

Thank you. 

Chairman LANTOS. Mr. Faleomavaega. 

Mr. Smith. 

Mr. SMITH. Thank you very much. 

First, I would like to ask Mr. Green a question, if I could, with 

regard to his amendment. 

When he says that we will promote the use of American-made, 

clean and efficient energy technologies, is he including nuclear in 

that? Is Mr. Green here? 

Chairman LANTOS. We will have him respond when he returns. 

Mr. SMITH OF NEW JERSEY. Let me just say briefly, with the 

deepest respect to Mr. Manzullo, my, good friend and colleague, I 

reluctantly rise in opposition to his substitute. I, again, want to reiterate how important I believe it is that this new office with an 

ambassador-at-large be created. The naysayers on specialty offices 

within the Department of State have been shown to be wrong time 

and time again. 

When we did it, Mr. Chairman, you will recall when we fought 

the fight on the International Religious Freedom Act, the previous 

administration vigorously opposed us in establishing that office as 

well as the ambassador-at-large, but 1 year later when the ambassador-at-large came and testified before my Subcommittee on Global Human Rights and International Operations, he admitted that 

none of the parade of horribles that they had anticipated indeed 

happened. Indeed, it was a significant step forward in working 

with governments around the world to promote religious freedom. 

In like manner, the Trafficking Victims Protection Act took 2 

years to enact. It was filled with people who opposed it, most of 

them off the record, who felt that the office would not do much; we 

already had existing capacity, and at the end of the day, by having 

a consolidated effort that focused, perhaps, almost like a laser 

beam on the issue of human trafficking, we were able to achieve 

and to continue to achieve notable results on that very important 

human rights issue. 

I believe when you are talking about global warming—as I said 

before, Mr. Chairman, I have been working on this since the late 

1980s, and I believe that the science really does portray a scenario 

that is very ominous for human life, all life, throughout all of the 

ecosystems in this country and the world, and even if the alarmists—and there are people who engage in hyperbole on this—even 

if they are just partly wrong, we have a significant issue that has 

to be addressed. 

These offices within the State Department work, they work well, 

and I think the United States should work to make sure we have 

a clean and safe environment to the greatest extent possible. 

And, finally, the inclusion of China and India, which was left out, 

and I underscore that with exclamation points, was left out of the 

Kyoto Protocol, a grave omission. This legislation seeks to include 

them, as you know, we all breathe the same air. As we saw after 
283

the Chernobyl accident, meltdown, the fallout went around the 

world five, six times before it finally dissipated. Nearby countries, 

especially Belarus, were disproportionately and adversely affected. 

We all breathe the same air. There are no boundaries when it 

comes to clean air, and it seems to me that the U.S. should be the 

primary leader when it comes to global warming. 

This office will ensure that we do it by the book and that it is 

all predicated on good science, and I think that is another important aspect of this legislation. 

I yield back, and I, again reluctantly, rise in opposition. 

Ms. JACKSON LEE. Would the gentleman yield? 

Chairman LANTOS. The lady will be recognized at her own time. 

Mr. Faleomavaega. 

Mr. Burton. 

Mr. BURTON. Thank you, Mr. Chairman. 

There is so much controversy over the issue of global warming 

and climate change that I doubt if anyone on this panel really has 

had an in-depth briefing or understanding of the arguments. 

The one thing that I am concerned about is creating more bureaucracy in the Government of the United States when we already 

have too much. We have, according to the information that I have 

before me, we have at least five offices at the State Department 

that have jurisdiction over climate change. I would have no problem in consolidating all of those offices into one and putting somebody in charge of researching climate change and trying to find an 

answer, but to come up with over $1 billion in new spending and 

also creating a new bureaucracy just doesn’t make any sense to me. 

So I think we need to have more scientific research, but to jump 

into this right now, especially with having only one hearing and 

not having anybody from the administration before us, doesn’t really make sense. 

All of us have been to places that have a lot of pollution. India, 

an ally of ours, you can’t even go outside the hotel because it is so 

dirty. And Egypt, you can almost chew the air in Cairo. In China, 

you have problems like that. In Brazil. 

Those countries need to be intimately involved in this issue, and 

I don’t think the United States, which has been leading in the area 

of trying to stop putting pollutants into the atmosphere, should be 

really the country that is carrying the ball on this time after time 

after time. 

So I support the Manzullo substitute, and I hope that we will put 

off creating a new bureaucracy right now until we have more information and more scientific research that leads us in one direction 

or the other. 

Thank you very much. 

Chairman LANTOS. Thank you very much. Mr. Payne. 

Mr. PAYNE. Thank you very much, Mr. Chairman. And I rise in 

strong support of H.R. 2420. 

If anyone is just finding out there is a problem and that we need 

to have more study, we probably need to study them. 

You know, there has been some problems in the world with global warming. And the more we sit around and talk about let us do 

a study, you know, at some point there will be no need for any 

more study because the damage will be irreparable. We are almost 
284

reaching that point now. We have had cities that have done more 

than we have done as a national body trying to lead our Nation in 

the right direction. We have had counties that do more. We have 

States. Even the State of California, we have got all kinds of programs going because evidently people are saying that the Federal 

Government is sitting around while the globe is burning. 

And so I can’t see where another study so we can really verify 

whether we are having a problem—there is a problem. I think we 

need to have some organization that looks at it. I think that this 

legislation seems to be a vehicle to do that, you know, as I indicated. 

Mr. MANZULLO. My substitute does not call for a study. This is 

essentially the same program as in the bill, only it is finessed and 

expanded. 

Mr. PAYNE. I will reclaim my time. I was just talking about your 

major sponsor, Mr. Burton, who said he wants more study. 

Mr. BURTON. Will the gentleman yield? 

I did not ask for a study. I said we need more scientific research 

before we jump to a conclusion. There are a large number of scientists that don’t agree with what we are talking about today, and 

I think that we need to hear from them as well as those who have 

been very strong in their advocacy of doing just what we are talking about with this bill today. 

So, you know, I don’t know that we need a study, but I think we 

need more information, and I don’t think anybody on this panel is 

an expert. 

Mr. PAYNE. Reclaiming my time, I recall a study or more scientific information or whatever nomenclature you want to give it, 

it is to go out and try to gather more. I think we need to have action now. I think that action is broad, and Mr. Manzullo has a way 

to go about it and I think the things he says makes a lot of sense. 

However, I do believe that this bill in the form that it is in today 

would move us to where we need to go. 

Next week I am going to have a hearing on global warming as 

it impacts on Africa, since I chair the Africa Subcommittee, and believe it or not, the people who are the poorest in the world, the people who have more people living on less than $1.00 a day, that continent is going to be the one that is really going to suffer the most. 

So people who are suffering the most are going to even have more 

impact. 

So I certainly support this legislation. 

I yield back. 

Chairman LANTOS. Mr. Tancredo. 

Mr. TANCREDO. Thank you, Mr. Chairman. 

It just seems to me that in reviewing this information, that as 

quickly as I can and listening to the discussion, that what we are 

really talking about here is something in the form of the Manzullo 

amendment that accomplishes the same goals as the original bill 

but does so with structural changes that then eliminate the need 

for the duplication that I think may exist in the original bill and 

also the costs. 

And I guess I am saying, am I wrong there, Mr. Manzullo? Isn’t 

that what we are trying to accomplish? It simply looks like the 

goals are the same, the methods of getting there are a little bit dif-
285

ferent and somewhat more streamlined, and I think that that is of 

course a positive addition to the bill. 

And I will yield. 

Mr. MANZULLO. The gentleman from Colorado is correct. What 

this bill does is it takes the emphasis off the argument as to whether or not global warming exists and instead places the emphasis on 

global pollution as to which there is unanimity. 

The second thing it does, it takes the best of the underlying bill 

and adds to it. 

Let me give you an example. I have 303,000 beef cattle in my 

district, not including dairy cattle. This bill only addresses the 

methane and not the manure because the methane is what goes 

into the air. There is this big issue what is going on. What do you 

do when cows do what they do? 

The manure issue, Mr. Chairman, deals with water pollution and 

runoff. What this bill will do is expand the scope of the underlying 

bill to include all forms of pollution, and it includes the Green 

amendments, and it eliminates the bureaucracies. 

So this really is the best of all worlds because this puts everybody on the page of fighting global pollution and not spending lots 

of time worrying about whether or not global warming actually exists. 

And I would yield back to my colleague who yielded to me. 

Mr. TANCREDO. Thank you, Mr. Chairman. 

Chairman LANTOS. Thank you very much. 

Ms. Watson. 

Ms. WATSON. Thank you, Mr. Chairman, for offering the bill and 

bringing it for markup. 

There is no question that our planet is warming. This indeed is 

an established fact, acknowledged by serious scientists of every 

stripe. But you do not need to be a scientist to see the evidence in 

my own hometown. In Los Angeles, the summers are longer and 

they are hotter, and just a few weeks ago, we had a fire right in 

Griffith Park that caused a number of my constituents and one of 

my DC staff’s relatives to flee their homes. 

We are having more and more of these fires, and they are happening earlier and earlier in the season because of the lack of rainfall and snowfall brought on by warming. 

This year has been the driest in the history of the city. And we 

see these trends not just in my backyard but around the world. 

Mr. Chairman, as you know, I served as the Ambassador to Micronesia a few years back, and they are facing the very real possibility of the sea level rising and threatening much of their territory. Many of the 607 islands are right at sea level. 

The crisis in Darfur, Mr. Chairman, is caused by the actions of 

the Sudanese regime, but the roots of the crisis lie in the climate 

changes that are drying up huge stretches of farmland in Africa, 

and many of the tribes, the Nomadic tribes, are going to where 

they can raise their goats and other livestock and where they can 

make a living. 

Members of this committee would like to see themselves as great 

defenders of Israel, but Israel faces a real threat to its existence 

if Iran gets nuclear weapons, and this committee has been united 

in opposing the Iranian nuclear program and supporting Israel as 
286

they face the threat of their survival. But I find it simply amazing 

that we are not talking at all about the threat that warming poses 

to Israel’s survival. There has not been any sizable snow pack in 

the mountains in the north of Israel for several years now, and 

that snow is the source of Israel’s water. 

So I think it would be a grand irony, Mr. Chairman, if the 

United States were successful in protecting Israel from the threat 

of nuclear destruction only to turn a blind eye as Israel succumbs 

to a slow burn from warming. 

So, Mr. Chairman, it is beyond time for talk on warming and action is long overdue. We cannot turn a blind eye to one of the 

greatest national security challenges this country has ever faced. 

So I urge my colleagues to support this bill, reject the amendment, Mr. Manzullo’s amendment, and let us get to work on what 

we need to do, and that is to confront in a scientific and realistic 

way warming and the issues that it poses to our Nation and our 

way of life. 

Thank you, Mr. Chairman. I yield back. 

Chairman LANTOS. Thank you. 

Mr. Flake. 

Mr. FLAKE. No, Mr. Chair. 

Chairman LANTOS. Mr. Carnahan. 

Mr. Pence. 

Ms. Woolsey. 

Any of my Republican colleagues? 

Mr. Wilson. 

Mr. WILSON. Thank you, Mr. Chairman, and next-door neighbor. 

I want to thank Mr. Manzullo for his amendment. I support the 

amendment in the nature of a substitute and a good faith effort to 

fight global pollution, which includes climate change and to bring 

attention to the real threat posed by the lack of clean water. 

And I recently, Mr. Chairman, have been educated on the significance of clean water and that Rotary International has adopted as 

their lead project to promote throughout the world the development 

for persons to have clean and potable water. This is really significant and that Rotary is the organization that sponsored Polio Plus, 

which is the most successful public health inoculation program in 

the history of the world, largely eliminating polio. 

Rotary, with 30,000 members, 1.2 million members in 170 countries, is really going to make a difference, I believe, in regard to 

clean water issues, and, in fact, if we adopt the Manzullo amendment I would urge that immediately there be an effort to work 

with Rotary and other organizations. 

Rather than creating the Office of Global Climate Change that 

duplicates the Bureau of Oceans and International Environmental 

Scientific Affairs, OES, this amendment simply consolidates the existing offices within OES and appoints an ambassador-at-large to 

lead this effort. This new entity will remain in OES. It solves the 

problem of unnecessary duplication but continues to fight global 

pollution and climate change without going government. 

The amendment expands the underlying bill’s proposed exchange 

program to cover all facets of global pollution. It houses this program within the State Department’s Education and Cultural Af-
287

fairs Bureau so that it can be better integrated and coordinated 

with the ambassador-at-large. 

And I urge my colleagues to indeed look at all of the provisions 

of the Manzullo amendment, a very thoughtful and visionary 

amendment, and I urge its adoption. 

Chairman LANTOS. Thank you very much. 

Mr. Sherman of California. 

Mr. SHERMAN. Thank you for your efforts on global warming, and 

thank you in advance for your indulgence to let me talk about a 

couple bills that were heard earlier in this markup when I could 

not be here. 

We passed a resolution praising Liechtenstein. I would have 

hoped we would have commented a little bit about Liechtenstein’s 

unfortunately liberal views toward tax evasion, and we passed a 

resolution praising Estonia, and I wish we would have commented 

upon Estonia’s decision to tear down a monument for those who 

fought the Nazis in Estonia during World War II. 

And with that, I yield back. 

Chairman LANTOS. Any of my Republican colleagues wish to be 

recognized? 

Mr. SMITH OF NEW JERSEY. Mr. Chairman, Mr. Green was meeting with some Colombian senators so he couldn’t answer a question 

I had earlier. 

In Green 2 and 3, where you talk about the promotion and use 

of American-made clean and efficient energy technologies and your 

third amendment as well, does that include nuclear? As I think my 

colleagues know, there are grave concerns about waste, the issue 

of dirty bombs, the issue of pollution if there is a meltdown, so that 

is not even a waste issue as we saw in Chernobyl and Three Mile 

Island. And it is not included in the definitions page. We worked 

with the chairman on that. 

Is that the intent, that this includes nuclear? 

Mr. GREEN. In response, the definition page doesn’t include nuclear. I don’t think this bill does. Although on a personal basis, I 

support nuclear energy, and, in fact, it is frustrating being in other 

countries and they are using our recycling technologies, which are 

actually developed in our country, that maybe we should be using 

to lower whatever we end up having to store ultimately. 

Mr. SMITH OF NEW JERSEY. The clear intent of your amendment 

is——

Mr. GREEN. Not to expand on what the chairman has in the listing, so it does include nuclear. 

Chairman LANTOS. Since we seem to have a quorum, it is my intention to call for the votes on the measures we have dealt with 

so far. 

First, we shall vote on Mr. Green’s amendment. Mr. Manzullo’s 

is pending. 

All those in favor say aye. Opposed, no. 

The chair is in doubt. We shall have a rollcall. 

Mr. MANZULLO. Mr. Chairman, a point of order. The amendment 

incorporates Mr. Green’s amendments? 

Chairman LANTOS. Yes, without objection. 

Ms. RUSH. Chairman Lantos. 

Chairman LANTOS. No. 
288

Ms. RUSH. Chairman Lantos votes no. 

Mr. Berman. 

[No response.] 

Ms. RUSH. Mr. Ackerman. 

Mr. ACKERMAN. No. 

Ms. RUSH. Mr. Ackerman votes no. 

Mr. Faleomavaega. 

Mr. FALEOMAVAEGA. No. 

Ms. RUSH. Mr. Faleomavaega votes no. 

Mr. Payne. 

Mr. PAYNE. No. 

Ms. RUSH. Mr. Payne votes no. 

Mr. Sherman. 

Mr. SHERMAN. No. 

Ms. RUSH. Mr. Sherman votes no. 

Mr. Wexler. 

Mr. WEXLER. No. 

Ms. RUSH. Mr. Wexler votes No. 

Mr. Engel. 

[No response.] 

Ms. RUSH. Mr. Delahunt. 

Mr. DELAHUNT. No. 

Ms. RUSH. Mr. Delahunt votes no. 

Mr. Meeks. 

Mr. MEEKS. No. 

Ms. RUSH. Mr. Meeks votes no. 

Ms. Watson. 

Ms. WATSON. No. 

Ms. RUSH. Ms. Watson votes no. 

Mr. Smith of Washington. 

[No response.] 

Ms. RUSH. Mr. Carnahan. 

Mr. CARNAHAN. No. 

Ms. RUSH. Mr. Carnahan votes no. 

Mr. Tanner. 

Mr. TANNER. No. 

Ms. RUSH. Mr. Tanner votes no. 

Mr. Green. 

Mr. GREEN. No. 

Ms. RUSH. Mr. Green votes no. 

Ms. Woolsey. 

Ms. WOOLSEY. No. 

Ms. RUSH. Ms. Woolsey votes no. 

Ms. Jackson Lee. 

Ms. JACKSON LEE. No. 

Ms. RUSH. Ms. Jackson Lee votes no. 

Mr. Hinojosa. 

[No response.] 

Ms. RUSH. Mr. Crowley. 

Mr. CROWLEY. No. 

Ms. RUSH. Mr. Crowley votes no. 

Mr. Wu. 

[No response.] 

Ms. RUSH. Mr. Miller. 
289

Mr. MILLER. No. 

Ms. RUSH. Mr. Miller votes no. 

Ms. Sa ́nchez. 

Ms. SA ́ NCHEZ. No. 

Ms. RUSH. Ms. Sa ́nchez votes no. 

Mr. Scott. 

Mr. SCOTT. No. 

Ms. RUSH. Mr. Scott votes no. 

Mr. Costa. 

Mr. COSTA. No. 

Ms. RUSH. Mr. Costa votes no. 

Mr. Sires.

Mr. SIRES. No. 

Ms. RUSH. Mr. Sires votes no. 

Ms. Giffords. 

Ms. GIFFORDS. No. 

Ms. RUSH. Ms. Giffords votes no. 

Mr. Klein. 

Mr. KLEIN. No. 

Ms. RUSH. Mr. Klein votes no. 

Ms. Ros-Lehtinen. 

Ms. ROS-LEHTINEN. Yes. 

Ms. RUSH. Ms. Ros-Lehtinen votes yes. 

Mr. Smith. 

Mr. SMITH OF NEW JERSEY. No. 

Ms. RUSH. Mr. Smith votes no. 

Mr. Burton. 

Mr. BURTON. Yes. 

Ms. RUSH. Mr. Burton votes yes. 

Mr. Gallegly. 

[No response.] 

Ms. RUSH. Mr. Rohrabacher. 

[No response.] 

Ms. RUSH. Mr. Manzullo. 

Mr. MANZULLO. Yes. 

Ms. RUSH. Mr. Manzullo votes yes. 

Mr. Royce. 

Mr. ROYCE. Yes. 

Ms. RUSH. Mr. Royce votes yes. 

Mr. Chabot. 

Mr. CHABOT. Yes. 

Ms. RUSH. Mr. Chabot votes yes. 

Mr. Tancredo. 

Mr. TANCREDO. Yes. 

Ms. RUSH. Mr. Tancredo votes yes. 

Mr. Paul. 

Mr. PAUL. No. 

Ms. RUSH. Mr. Paul votes no. 

Mr. Flake. 

Mr. FLAKE. Yes. 

Ms. RUSH. Mr. Flake votes yes. 

Mrs. Davis. 

[No response.] 

Ms. RUSH. Mr. Pence. 
290

Mr. PENCE. Yes. 

Ms. RUSH. Mr. Pence votes yes. 

Mr. Wilson. 

Mr. WILSON. Yes. 

Ms. RUSH. Mr. Wilson votes yes. 

Mr. Boozman. 

Mr. BOOZMAN. Yes. 

Ms. RUSH. Mr. Boozman votes yes. 

Mr. Barrett. 

Mr. BARRETT. Aye. 

Ms. RUSH. Mr. Barrett votes aye. 

Mr. Mack. 

[No response.] 

Ms. RUSH.Mr. Fortenberry. 

Mr. FORTENBERRY. Yes. 

Ms. RUSH. Mr. Fortenberry votes yes. 

Mr. McCaul. 

Mr. MCCAUL. Yes. 

Ms. RUSH. Mr. McCaul votes yes. 

Mr. Poe. 

Mr. POE. Yes. 

Ms. RUSH. Mr. Poe votes yes. 

Mr. Inglis. 

Mr. INGLIS. Yes. 

Ms. RUSH. Mr. Inglis votes aye. 

Mr. Fortun ̃ o. 

Mr. FORTUN ̃ O. Yes. 

Ms. RUSH. Mr. Fortun ̃ o votes yes. 

Mr. Bilirakis. 

Mr. BILIRAKIS. Yes.

Ms. RUSH. Mr. Bilirakis votes yes. 

Chairman LANTOS. Any member who has not yet voted? 

Mr. Berman. No. 

Ms. RUSH. Mr. Berman votes no. 

Chairman LANTOS. Mr. Engel. 

Mr. ENGEL. No. 

Ms. RUSH. Mr. Engel votes no. 

Chairman LANTOS. Mr. Smith. 

Mr. SMITH OF WASHINGTON. No. 

Ms. RUSH. Mr. Smith votes no. 

Chairman LANTOS. The Clerk will report——

Mr. Rohrabacher. 

Mr. ROHRABACHER. Yes. 

Ms. RUSH. Mr. Rohrabacher votes yes. 

Chairman LANTOS. Mr. Delahunt. 

Mr. DELAHUNT. May I inquire how I am recorded? 

Ms. RUSH. We recorded you as voting no. 

Chairman LANTOS. Mr. Wu. 

Mr. WU. No. 

Ms. RUSH. Mr. Wu votes no. 

Chairman LANTOS. The Clerk will report. 

Ms. RUSH. On this vote there are 18 ayes and 27 noes. 

Chairman LANTOS. The amendment in the nature of a substitute 

is not agreed to. 
291

Before we have a quorum, Mr. Green’s amendments were informally accepted. To ensure regular order, I now call for a vote on 

Mr. Green’s amendment. 

The Clerk will call the roll. 

Ms. RUSH. Chairman Lantos. 

Chairman LANTOS. We can voice it. All in favor of the Green 

amendment say aye. Opposed. Green amendment is passed. 

Ms. Jackson Lee has an amendment. 

Ms. JACKSON LEE. Mr. Chairman, may I take my two amendments en bloc? 

Chairman LANTOS. Yes, without objection. 

[The information referred to follows:]

Ms. JACKSON LEE. Thank you. 
292

Chairman LANTOS. We dispense with the reading of the amendment, and we recognize Ms. Jackson Lee. 

Ms. JACKSON LEE. Thank you very much, Mr. Chairman. 

I first want to thank you for your extremely hard work and collaborative work on 2420 and to make mention of the very unique 

aspect of this bill that creates the interesting feature of what we 

call the Office on Global Climate headed by the new ambassadorat-large that will really be part of engaging in the international effort of addressing the question of global climate. 

My two amendments are very simple. One simply allows that 

historically Black colleges and universities, Hispanic serving institutions, tribal colleges and universities and other minority serving 

institutions are able to participate in the visits and exchanges between scientific researchers of the United States and other nations 

provided for in this bill. 

My amendment would also seek to include minority womenowned businesses in these exchange programs. 

The second amendment emphasizes negotiation and the indigenous populations. While climate change affects all inhabitants of 

the Earth, these discussions have left out many groups. 

Negotiations that will affect our entire planet’s future shall not 

be limited to representatives of powerful governments and wealthy 

energy corporations. Minority and other disadvantaged groups 

often bear the brunt of environmental degradation, including the 

particular pollution and depletion of resources. 

So therefore, we are hoping that this amendment will ensure 

that the populations in the various countries, which include indigenous, tribal, and local groups, in the dialogue of this very important issue of global climate change and global climate reform. 

With that, I ask my colleagues to support these two amendments, and I yield back my time. 

Chairman LANTOS. The chair supports the gentlelady’s amendment. 

All those in favor say aye. Opposed. 

The amendment is approved. 

Now the question occurs on the motion to report H.R. 885 favorably as an amendment. 

All in favor say aye. Opposed. 

Ms. ROS-LEHTINEN. 885 is the nuclear fuel? 

Chairman LANTOS. It is the nuclear fuel legislation. 

The ayes have it. The ayes have it. And the motion to report favorably is adopted. 

Without objection, the bill will be reported as a single amendment in the nature of a substitute incorporating the amendment 

adopted by the committee, and the staff is directed to make any 

technical and conforming amendments. 

The question now occurs on the motion to report H.R. 2446 favorably. 

Ms. ROS-LEHTINEN. Mr. Chairman, that is the Afghanistan bill? 

Chairman LANTOS.

That is the Afghanistan bill. 

All in favor say aye. All opposed say no. 

The ayes have it, and the motion to report favorably is adopted. 
293

Without objection, the staff is directed to make any technical and 

conforming amendments. 

The question now occurs on the motion to report the climate 

change bill favorably, as amended. 

All in favor say aye. All opposed say no. 

The chair is in doubt. We will have a rollcall. 

Ms. RUSH. Chairman Lantos. 

Chairman LANTOS. Aye. 

Ms. RUSH. Chairman Lantos votes aye. 

Mr. Berman. 

Mr. BERMAN. Aye. 

Ms. RUSH. Mr. Berman votes aye. 

Mr. Ackerman. 

Mr. ACKERMAN. Yes. 

Ms. RUSH. Mr. Ackerman votes yes. 

Mr. Faleomavaega. 

Mr. FALEOMAVAEGA. Yes. 

Ms. RUSH. Mr. Faleomavaega votes yes. 

Mr. Payne. 

Mr. PAYNE. Yes. 

Ms. RUSH. Mr. Payne votes yes. 

Mr. Sherman. 

Mr. SHERMAN. Yes. 

Ms. RUSH. Mr. Sherman votes yes. 

Mr. Wexler. 

Mr. WEXLER. Yes. 

Ms. RUSH. Mr. Wexler votes yes. 

Mr. Engel. 

Mr. ENGEL. Yes. 

Ms. RUSH. Mr. Engel votes yes. 

Mr. Delahunt. 

Mr. DELAHUNT. Yes. 

Ms. RUSH. Mr. Delahunt votes yes. 

Mr. Meeks. 

Mr. MEEKS. Yes. 

Ms. RUSH. Mr. Meeks votes yes. 

Ms. Watson. 

Ms. WATSON. Yes. 

Ms. RUSH. Ms. Watson votes yes. 

Mr. Smith of Washington. 

Mr. SMITH OF WASHINGTON. Aye. 

Ms. RUSH. Mr. Smith of Washington votes aye. 

Mr. Carnahan. 

Mr. CARNAHAN. Yes. 

Ms. RUSH. Mr. Carnahan votes yes. 

Mr. Tanner. 

Mr. TANNER. Yes. 

Ms. RUSH. Mr. Tanner votes yes. 

Mr. Green. 

Mr. GREEN. Yes. 

Ms. RUSH. Mr. Green votes yes. 

Ms. Woolsey. 

Ms. WOOLSEY. Yes. 

Ms. RUSH. Ms. Woolsey votes yes. 
294

Ms. Jackson Lee. 

Ms. JACKSON LEE. Aye. 

Ms. RUSH. Ms. Jackson Lee votes aye. 

Mr. Hinojosa. 

[No response.] 

Ms. RUSH. Mr. Crowley. 

Mr. CROWLEY. Yes. 

Ms. RUSH. Mr. Crowley votes yes. 

Mr. Wu. 

Mr. WU. Yes. 

Ms. RUSH. Mr. Wu votes yes. 

Mr. Miller. 

Mr. MILLER. Yes. 

Ms. RUSH. Mr. Miller votes yes. 

Ms. Sa ́nchez. 

Ms. SA ́ NCHEZ. Aye. 

Ms. RUSH. Ms. Sa ́nchez votes aye. 

Mr. Scott. 

Mr. SCOTT. Yes. 

Ms. RUSH. Mr. Scott votes yes. 

Mr. Costa. 

Mr. COSTA. Yes. 

Ms. RUSH. Mr. Costa votes yes. 

Mr. Sires.

Mr. SIRES. Yes. 

Ms. RUSH. Mr. Sires votes yes. 

Ms. Giffords. 

[No response.] 

Ms. RUSH. Mr. Klein. 

Mr. KLEIN. Yes. 

Ms. RUSH. Mr. Klein votes yes. 

Ms. Ros-Lehtinen. 

Ms. ROS-LEHTINEN. Yes. 

Ms. RUSH. Ms. Ros-Lehtinen votes yes. 

Mr. Smith. 

Mr. SMITH OF NEW JERSEY. Yes. 

Ms. RUSH. Mr. Smith votes yes. 

Mr. Burton. 

Mr. BURTON. No. 

Ms. RUSH. Mr. Burton votes no. 

Mr. Gallegly. 

[No response.] 

Ms. RUSH. Mr. Rohrabacher. 

[No response.] 

Ms. RUSH. Mr. Manzullo. 

Mr. MANZULLO. No. 

Ms. RUSH. Mr. Manzullo votes no. 

Mr. Royce. 

Mr. ROYCE. No. 

Ms. RUSH. Mr. Royce votes no. 

Mr. Chabot. 

Mr. CHABOT. No. 

Ms. RUSH. Mr. Chabot votes no. 

Mr. Tancredo. 
295

Mr. TANCREDO. No. 

Ms. RUSH. Mr. Tancredo votes no. 

Mr. Paul. 

[No response.] 

Ms. RUSH. Mr. Flake. 

Mr. FLAKE. No. 

Ms. RUSH. Mr. Flake votes no. 

Mrs. Davis. 

[No response.] 

Ms. RUSH. Mr. Pence. 

Mr. PENCE. No. 

Ms. RUSH. Mr. Pence votes no. 

Mr. Wilson. 

Mr. WILSON. No. 

Ms. RUSH. Mr. Wilson votes no. 

Mr. Boozman. 

Mr. BOOZMAN. No. 

Ms. RUSH. Mr. Boozman votes no. 

Mr. Barrett. 

Mr. BARRETT. No. 

Ms. RUSH. Mr. Barrett votes no. 

Mr. Mack. 

[No response.] 

Ms. RUSH.Mr. Fortenberry. 

Mr. FORTENBERRY. Yes. 

Ms. RUSH. Mr. Fortenberry votes yes. 

Mr. McCaul. 

Mr. MCCAUL. No. 

Ms. RUSH. Mr. McCaul votes no. 

Mr. Poe. 

Mr. POE. No. 

Ms. RUSH. Mr. Poe votes no. 

Mr. Inglis. 

Mr. INGLIS. No. 

Ms. RUSH. Mr. Inglis votes no. 

Mr. Fortun ̃ o. 

Mr. FORTUN ̃ O. Aye. 

Ms. RUSH. Mr. Fortun ̃ o votes aye. 

Mr. Bilirakis. 

Mr. BILIRAKIS. No.

The CLERK. Mr. Bilirakis votes no. 

Mr. Rohrabacher. 

Mr. ROHRABACHER. No. And I am here to vote no. 

Ms. RUSH. Mr. Rohrabacher votes no. 

Chairman LANTOS. Ms. Giffords. 

Ms. GIFFORDS. I would like to report my vote. Mr. Chairman, I 

am a no. 

Ms. RUSH. Ms. Giffords votes no. 

Chairman LANTOS. Mr. Smith. 

Anybody who hasn’t yet voted? 

The Clerk will report. 

Ms. RUSH. On this vote there are 29 ayes and 16 noes. 

Chairman LANTOS. And the motion is agreed to. 

The chair is pleased to recognize the ranking member. 
296

Ms. ROS-LEHTINEN. Thank you so much, Mr. Chairman. 

Pursuant to the rule, I hereby give notice of the minority’s intention to file views for the report on this matter. 

Would you please clarify your policy as to when these will be 

due? 

Chairman LANTOS. Within 5 days. 

Ms. ROS-LEHTINEN. Thank you, Mr. Chairman. 

Chairman LANTOS. Without objection, the bill will be reported as 

a single amendment in the nature of a substitute incorporating the 

amendments adopted by the committee. The staff is directed to 

make any technical and conforming amendments. 

I want to thank all of my colleagues on both sides of the aisle. 

This meeting is adjourned. 

[Whereupon, at 11:35 a.m., the committee was adjourned.] 
(297)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE HEARING RECORD

PREPARED STATEMENTS OF THE HONORABLE SHEILA JACKSON LEE, A

REPRESENTATIVE IN CONGRESS FROM THE STATE OF TEXAS

H.R. 2420

Thank you, Mr. Chairman, for introducing this important legislation. A truly monumental diplomatic effort is needed to begin to arrest the catastrophic effects of climate change, and this bill is an important step toward beginning global negotiations 

to establish a coordinated response. 

I am offering an amendment that would ensure Historically Black Colleges and 

Universities, Hispanic Serving Institutions, Tribal Colleges and Universities, and 

other Minority Serving Institutions are able to participate in the visits and exchanges between scientific researchers of the United States and other nations provided for in this bill. My amendment would also seek to include minority- and 

women-owned businesses in these exchange programs. 

Mr. Chairman, this bill establishes programs that could be of great value to their 

participants, both American and foreign. Exchange of ideas in physical sciences, environmental science, public policy, economics, urban planning, and other subjects, 

as detailed in Section 206 (b)(2), carries the potential for enormous growth, both 

academic and practical. Students, trainees, teachers, instructors, professors, researchers, and other participants in these programs will gain important knowledge, 

and they will become more deeply invested in the subject of climate change. 

Mr. Chairman, the institutions named in my amendment are the pride of their 

various minority communities. These institutions provide excellent educational opportunities to their students, and they serve communities that are often disadvantaged. I believe that we have a responsibility to ensure that this legislation specifically seeks to include these universities. I believe these institutions could contribute 

significantly to energy policy exchange programs, and that they in return would 

gain a great deal. 

The second part of my amendment provides for the specific inclusion of small 

businesses and businesses owned by minorities and women. Mr. Chairman, small 

businesses are the backbone of our society. They represent the American dream for 

numerous families, and provide much needed revenue to the local municipalities 

they serve. These businesses currently account for 95 percent of all employers, create half of our gross domestic product, and provide three out of four new jobs in 

this country. 

I believe that including small businesses in this bill will provide enormous advantages for both these businesses and the international community. If small businesses are included in the exchange programs created by this bill, they will gain 

an invaluable opportunity to participate in global policy and scientific discussion 

with important implications for their own local communties. Additionally, if small 

businesses are included in these educational exchanges, they will be more likely to 

become actively invested in the process of combating climate change. 

Mr. Chairman, I believe in this legislation, and in what it is trying to accomplish. 

Climate change is a very real and imminent problem, and I commend you for bringing this bill before this committee. My amendment seeks to ensure that the programs created by this legislation are accessible to all members of this community, 

particularly to those who might otherwise be left out. Climate change affects us all; 

all sectors of society must therefore be included in efforts to combat it. Thank you, 

Mr. Chairman. 
298

H. RES. 430

Mr. Chairman, I rise in strong support of the H. Res. 430, introduced by my esteemed colleague Mr. Van Hollen of Maryland, calling for the immediate and unconditional release of dual Iranian-American citizens Dr. Haleh Esfandiari, Ms. Parnaz 

Azima, and a third unnamed individual also being detained against her will. Mr. 

Chairman, these three Americans have been unjustly incarcerated without due legal 

process. They have had their travel documents stolen, and they have been subjected 

to tactics of harassment. I strongly support this legislation because it expresses the 

serious concerns we have for these three individuals. 

One of the detained individuals, Dr. Haleh Esfandiari, is one of Washington’s top 

experts on Iran. She is head of the Middle East Program at the Woodrow Wilson 

Center for International Scholars, and was robbed of her passport upon her arrival 

at Tehran airport in December of last year when she went to visit her ailing, 93-

year old mother. After being refused new documents, she was interrogated at excruciating length by Iranian intelligence, and pressured to make forced confessions that 

would falsely implicate herself and the Wilson Center in trying to launch a fullfledged coup in Iran. She consistently refused to tarnish her good name or the reputations of her colleagues. 

Dr. Esfandiari was arrested on May 7th, and has been incarcerated, despite numerous quiet-diplomacy efforts by many countries, organizations, and individuals on 

her behalf. She faces ludicrous charges of seeking to launch a one-woman coup 

against the Iranian government. The United States government has called for her 

immediate release. 

Unfortunately, Dr. Esfandiari is only one of a number of American citizens who 

have recently been detained in Iran without adequate legal grounds. One such case 

involved a journalist for Radio Farda, who was courageously involved in the effort 

to bring free and open media to the Iranian people. These outrageous arrests are 

indicative of the blatant excesses and obvious shortcomings of the Iranian political 

system: too much tyranny and too little rule of law. 

Another American missing in Iran, former FBI agent Robert Levinson, disappeared after flying to Iran’s Kish Island in March. I call on the Iranian government to use all the powers at its disposal to locate Mr. Levinson, if it has not already done so, and to repatriate him. 

Mr. Chairman, I believe this is an issue of basic human rights. We as a Congress, 

and we as a nation, cannot allow the Iranian government to continue trampling on 

the fundamental liberties of our citizens in this manner. Therefore, I rise in strong 

support of this resolution, calling for the unconditional release of these three American citizens unjustly being held in Iranian prisons, and I call upon all of my colleagues to do likewise. 

Thank you, Mr. Chairman, and I yield back the balance of my time.

Æ