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21–401PDF 2005

EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES

REGARDING THE MASSACRE AT SREBRENICA IN JULY 1995;

AND TO AUTHORIZE APPROPRIATIONS FOR THE DEPARTMENT OF STATE FOR FISCAL YEARS 2006 AND 2007, AND

FOR OTHER PURPOSES

MARKUP

BEFORE THE

SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN 

RIGHTS AND INTERNATIONAL OPERATIONS

OF THE

COMMITTEE ON 

INTERNATIONAL RELATIONS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

ON

H. Res. 199 and H.R. 2601

MAY 26, 2005

Serial No. 109–87

Printed for the use of the Committee on International Relations

(

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

(II)

COMMITTEE ON INTERNATIONAL RELATIONS 

HENRY J. HYDE, Illinois, Chairman 

JAMES A. LEACH, Iowa 

CHRISTOPHER H. SMITH, New Jersey, 

Vice Chairman 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

EDWARD R. ROYCE, California 

PETER T. KING, New York 

STEVE CHABOT, Ohio 

THOMAS G. TANCREDO, Colorado 

RON PAUL, Texas 

DARRELL ISSA, California 

JEFF FLAKE, Arizona 

JO ANN DAVIS, Virginia 

MARK GREEN, Wisconsin 

JERRY WELLER, Illinois 

MIKE PENCE, Indiana 

THADDEUS G. MCCOTTER, Michigan 

KATHERINE HARRIS, Florida 

JOE WILSON, South Carolina 

JOHN BOOZMAN, Arkansas 

J. GRESHAM BARRETT, South Carolina 

CONNIE MACK, Florida 

JEFF FORTENBERRY, Nebraska 

MICHAEL MCCAUL, Texas 

TED POE, Texas 

TOM LANTOS, California 

HOWARD L. BERMAN, California 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

ROBERT MENENDEZ, New Jersey 

SHERROD BROWN, Ohio 

BRAD SHERMAN, California 

ROBERT WEXLER, Florida 

ELIOT L. ENGEL, New York 

WILLIAM D. DELAHUNT, Massachusetts 

GREGORY W. MEEKS, New York 

BARBARA LEE, California 

JOSEPH CROWLEY, New York 

EARL BLUMENAUER, Oregon 

SHELLEY BERKLEY, Nevada 

GRACE F. NAPOLITANO, California 

ADAM B. SCHIFF, California 

DIANE E. WATSON, California 

ADAM SMITH, Washington 

BETTY MCCOLLUM, Minnesota 

BEN CHANDLER, Kentucky 

DENNIS A. CARDOZA, California 

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

ROBERT R. KING, Democratic Staff Director 

SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL

OPERATIONS

CHRISTOPHER H. SMITH, New Jersey, Chairman 

THOMAS G. TANCREDO, Colorado 

JEFF FLAKE, Arizona 

MARK GREEN, Wisconsin 

JOHN BOOZMAN, Arkansas 

JEFF FORTENBERRY, Nebraska 

EDWARD R. ROYCE, California, 

Vice Chairman 

DONALD M. PAYNE, New Jersey 

BARBARA LEE, California 

BETTY McCOLLUM, Minnesota 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

DIANE E. WATSON, California 

MARY M. NOONAN, Subcommittee Staff Director 

GREG SIMPKINS, Subcommittee Professional Staff Member 

NOELLE LUSANE, Democratic Professional Staff Member 

LINDSEY M. PLUMLEY, Staff Associate 

(III)

C O N T E N T S 

Page

MARKUP OF 

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

the massacre at Srebrenica in July 1995 ........................................................... 2

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

years 2006 and 2007, and for other purposes .................................................... 11

Amendment to H.R. 2601 offered by the Honorable Thomas G. Tancredo, 

a Representative in Congress from the State of Colorado ............................ 73

Amendment to H.R. 2601 offered by the Honorable Thomas G. Tancredo ..... 77

Amendment to H.R. 2601 offered by the Honorable Barbara Lee, a Representative in Congress from the State of California .................................... 81

Amendment to H.R. 2601 offered by the Honorable Jeff Flake, a Representative in Congress from the State of Arizona .................................................. 87

Amendments en bloc to H.R. 2601 offered by the Honorable Jeff 

Fortenberry, a Representative in Congress from the State of Nebraska ..... 100

Amendment to H.R. 2601 offered by the Honorable Betty McCollum, a 

Representative in Congress from the State of Minnesota ............................. 105

Amendments en bloc to H.R. 2601 offered by the Honorable Brad Sherman, 

a Representative in Congress from the State of California .......................... 119

Amendment to H.R. 2601 offered by the Honorable Brad Sherman ............... 126

Amendment to the amendment by Mr. Sherman to H.R. 2601 offered by 

the Honorable Barbara Lee ............................................................................. 129

Amendment to H.R. 2601 offered by the Honorable Brad Sherman ............... 134

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD 

The Honorable Christopher H. Smith, a Representative in Congress from 

the State of New Jersey, and Chairman, Subcommittee on Africa, Global 

Human Rights and International Operations: 

Prepared statement on H. Res. 199 .................................................................... 9

Prepared statement on H.R. 2601 ...................................................................... 69

Letter to Mr. Smith, dated May 26, 2005, from the Broadcasting Board 

of Governors ...................................................................................................... 94

The Honorable Betty McCollum: A Los Angeles Times article entitled ‘‘Where 

Girls Marry Rapists for Honor,’’ and a New York Times article entitled 

‘‘Turks Fight Honor Killings of Women’’ ............................................................ 109

The Honorable Brad Sherman: Letter from Mr. Sherman to His Excellency 

Mahmoud Abbas, President, Palestinian Authority, and extract from a new 

10th-grade Palestinian history book ................................................................... 113

(1)

EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES REGARDING THE MASSACRE AT SREBRENICA IN 

JULY 1995; AND TO AUTHORIZE APPROPRIATIONS FOR 

THE DEPARTMENT OF STATE FOR FISCAL YEARS 2006 AND 

2007, AND FOR OTHER PURPOSES 

THURSDAY, MAY 26, 2005

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS

AND INTERNATIONAL OPERATIONS,

COMMITTEE ON INTERNATIONAL RELATIONS, 

Washington, DC. 

The Subcommittee met, pursuant to call, at 1:05 p.m. in room 

2172, Rayburn House Office Building, Hon. Christopher H. Smith 

(Chairman of the Subcommittee) presiding. 

Mr. SMITH. The Subcommittee will come to order. 

Pursuant to notice, I call up the resolution, H. Res. 199, regarding the massacre in Srebrenica in July 1995, for purposes of markup and move its recommendation to the Full Committee. Without 

objection, the resolution will be considered as read and open for 

amendment at any point. 

[H. Res. 199 follows:]

2

1

IV

109TH CONGRESS

1ST SESSION H. RES. 199

Expressing the sense of the House of Representatives regarding the massacre

at Srebrenica in July 1995.

IN THE HOUSE OF REPRESENTATIVES

APRIL 6, 2005

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

Relations

RESOLUTION

Expressing the sense of the House of Representatives

regarding the massacre at Srebrenica in July 1995.

Whereas in July 1995 thousands of men and boys who had

sought safety in the United Nations-designated ‘‘safe

area’’ of Srebrenica in Bosnia and Herzegovina under the

protection of the United Nations Protection Force

(UNPROFOR) were massacred by Serb forces operating

in that country;

Whereas beginning in April 1992, aggression and ethnic

cleansing perpetrated by Bosnian Serb forces, while taking control of the surrounding territory, resulted in a

massive influx of Bosniaks seeking protection in

Srebrenica and its environs, which the United Nations


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•HRES 199 IH

Security Council designated a ‘‘safe area’’ in Resolution

819 on April 16, 1993;

Whereas the UNPROFOR presence in Srebrenica consisted

of a Dutch peacekeeping battalion, with representatives

of the United Nations High Commissioner for Refugees,

the International Committee of the Red Cross, and the

humanitarian medical aid agency Medecins Sans Frontiers (Doctors Without Borders) helping to provide humanitarian relief to the displaced population living in

conditions of massive overcrowding, destitution, and disease;

Whereas Bosnian Serb forces blockaded the enclave early in

1995, depriving the entire population of humanitarian aid

and outside communication and contact, and effectively

reducing the ability of the Dutch peacekeeping battalion

to deter aggression or otherwise respond effectively to a

deteriorating situation;

Whereas beginning on July 6, 1995, Bosnian Serb forces attacked UNPROFOR outposts, seized control of the isolated enclave, held captured Dutch soldiers hostage and,

after skirmishes with local defenders, ultimately took control of the town of Srebrenica on July 11, 1995;

Whereas an estimated one-third of the population of

Srebrenica, including a relatively small number of soldiers, made a desperate attempt to pass through the lines

of Bosnian Serb forces to the relative safety of Bosnianheld territory, but many were killed by patrols and ambushes;

Whereas the remaining population sought protection with the

Dutch peacekeeping battalion at its headquarters in the

village of Potocari north of Srebrenica but many of these


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•HRES 199 IH

individuals were randomly seized by Bosnian Serb forces

to be beaten, raped, or executed;

Whereas Bosnian Serb forces deported women, children, and

the elderly in buses, held Bosniak males over 16 years of

age at collection points and sites in northeastern Bosnia

and Herzegovina under their control, and then summarily

executed and buried the captives in mass graves;

Whereas approximately 20 percent of Srebrenica’s total population at the time—at least 7,000 and perhaps thousands

more—was either executed or killed;

Whereas the United Nations and its member states have

largely acknowledged their failure to take actions and decisions that could have deterred the assault on Srebrenica

and prevented the subsequent massacre;

Whereas Bosnian Serb forces, hoping to conceal evidence of

the massacre at Srebrenica, subsequently moved corpses

from initial mass grave sites to many secondary sites

scattered throughout parts of northeastern Bosnia and

Herzegovina under their control;

Whereas the massacre at Srebrenica was among the worst of

many horrible atrocities to occur in the conflict in Bosnia

and Herzegovina from April 1992 to November 1995,

during which the policies of aggression and ethnic cleansing pursued by Bosnian Serb forces with the direct support of authorities in the Federal Republic of Yugoslavia

(Serbia and Montenegro) ultimately led to the displacement of more than 2,000,000 people, an estimated

200,000 killed, tens of thousands raped or otherwise tortured and abused, and the innocent civilians of Sarajevo

and other urban centers repeatedly subjected to shelling

and sniper attacks;


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•HRES 199 IH

Whereas Article 2 of the Convention on the Prevention and

Punishment of the Crime of Genocide (done at Paris on

December 9, 1948, and entered into force with respect to

the United States on February 23, 1989) defines genocide as ‘‘any of the following acts committed with intent

to destroy, in whole or in part, a national, ethnical, racial

or religious group, as such: (a) killing members of the

group; (b) causing serious bodily or mental harm to

members of the group; (c) deliberately inflicting on the

group conditions of life calculated to bring about its

physical destruction in whole or in part; (d) imposing

measures intended to prevent births within the group; (e)

forcibly transferring children of the group to another

group’’;

Whereas on May 25, 1993, the United Nations Security

Council adopted Resolution 827 establishing the world’s

first international war crimes tribunal, the International

Criminal Tribunal for the former Yugoslavia (ICTY),

based in The Hague, the Netherlands, and charging the

ICTY with responsibility for investigating and prosecuting individuals suspected of committing war crimes,

genocide, crimes against humanity and grave breaches of

the 1949 Geneva Conventions on the territory of the

former Yugoslavia since 1991;

Whereas numerous members of the Bosnian Serb forces at

various levels of responsibility have been indicted for

grave breaches of the 1949 Geneva Conventions, violations of the laws or customs of war, crimes against humanity, genocide, and complicity in genocide associated

with the massacre at Srebrenica, some of whom have

been tried and sentenced while others, including Radovan

Karadzic and Ratko Mladic, remain at large; and


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•HRES 199 IH

Whereas the international community, including the United

States, has continued to provide personnel and resources,

including through direct military intervention, to prevent

further aggression and ethnic cleansing, to negotiate the

General Framework Agreement for Peace in Bosnia and

Herzegovina (initialled in Dayton, Ohio, on November 21,

1995, and signed in Paris on December 14, 1995), and

to help ensure its fullest implementation, including cooperation with the International Criminal Tribunal for

the former Yugoslavia: Now therefore be it

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

3 (1) the thousands of innocent people executed

4 at Srebrenica in Bosnia and Herzegovina in July

5 1995, along with all individuals who were victimized

6 during the conflict and genocide in Bosnia and

7 Herzegovina from 1992 to 1995, should be solemnly

8 remembered and honored;

9 (2) the policies of aggression and ethnic cleans10 ing as implemented by Serb forces in Bosnia and

11 Herzegovina from 1992 to 1995 meet the terms de12 fining the crime of genocide in Article 2 of the Con13 vention on the Prevention and Punishment of the

14 Crime of Genocide;

15 (3) foreign nationals, including United States

16 citizens, who have risked and in some cases lost

17 their lives in Bosnia and Herzegovina while working


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6

•HRES 199 IH

1 toward peace should be solemnly remembered and

2 honored;

3 (4) the United Nations and its member states

4 should accept their share of responsibility for allow5 ing the Srebrenica massacre and genocide to occur

6 in Bosnia and Herzegovina from 1992 to 1995 by

7 failing to take sufficient, decisive, and timely action,

8 and the United Nations and its member states

9 should constantly seek to ensure that this failure is

10 not repeated in future crises and conflicts;

11 (5) it is in the national interest of the United

12 States that those individuals who are responsible for

13 war crimes, genocide, crimes against humanity, and

14 grave breaches of the 1949 Geneva Conventions,

15 committed in Bosnia and Herzegovina, should be

16 held accountable for their actions;

17 (6) all persons indicted by the International

18 Criminal Tribunal for the former Yugoslavia (ICTY)

19 should be apprehended and transferred to The

20 Hague without further delay, and all countries

21 should meet their obligations to cooperate fully with

22 the ICTY at all times; and

23 (7) the United States should continue to sup24 port the independence and territorial integrity of

25 Bosnia and Herzegovina, peace and stability in


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•HRES 199 IH

1 southeastern Europe as a whole, and the right of all

2 people living in the region, regardless of national, ra3 cial, ethnic or religious background, to return to

4 their homes and enjoy the benefits of democratic in5 stitutions, the rule of law, and economic opportunity,

6 as well as to know the fate of missing relatives and

7 friends.

Æ


21401a.AAH
9

Mr. SMITH. Without objection, the resolution will be favorably reported to the Full Committee and I would like to offer some opening comments regarding this resolution. 

This resolution expresses the sense of Congress regarding the 

horrific massacre in Srebrenica in July 1995. I introduced this resolution, H. Res. 199, on April 6th and presently it has 15 cosponsors 

and that number is growing. The Senate version, S. Res. 134, was 

introduced by Senator Gordon Smith. 

Last week at the Full Committee, Under Secretary of State Nicolas Burns noted the 10th anniversary of Srebrenica is upon us. He 

mentioned specifically that this slaughter of approximately 8,000 

men and boys who had sought refuge in that U.N. declared safe 

haven represented the worst atrocity in Europe since World War 

II. Just yesterday another State Department official responsible for 

the Balkans affairs also raised the anniversary at a Helsinki Commission hearing that several of us attended over on the Senate 

side. 

Clearly our Government is taking note of this event and the 

House, I believe, needs to be part of that effort, and this would 

bring a great deal of scrutiny and focus on that terrible atrocity. 

Srebrenica survivors, I would point out to my colleagues, are a 

closely knit group. This is quite understandable considering the 

horror that they experienced. They have waited long enough to 

know the fate of their missing relatives and friends. They are eager 

for the perpetrators to be brought to justice. The Srebrenica survivors who came to the U.S. as refugees, and are now American 

citizens, know about this resolution, and this action by the Congress is very important to them. It might help them find just a little bit of closure. 

Just last week I met with the Bosnian Prime Minister and he expressed his appreciation as well for H. Res. 199 as his country continued to recover from that horrible conflict in the Balkans. 

By considering this resolution we are not working in a vacuum. 

By moving it forward to the Full Committee for consideration we 

will have a positive effect on a country in which the United States 

has invested so much money and personnel, and we will have again 

a positive effect on trying to bring some closure to those who have 

suffered so much. 

I yield to my friend Mr. Payne for any comments he might have. 

[The prepared statement of Mr. Smith follows:]

PREPARED STATEMENT OF THE HONORABLE CHRISTOPHER H. SMITH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY AND CHAIRMAN, SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL OPERATIONS

H. RES. 199

This resolution expresses the sense of the House of Representatives regarding the 

horrific massacre at Srebrenica in July 1995. I introduced House Resolution 199 on 

April 6, and it presently has 15 additional co-sponsors. The Senate version, S.Res. 

134, was introduced by Senator Gordon Smith. 

To begin, let me make a few small comments on this resolution. Last week, at 

full committee, Under Secretary of State Nick Burns noted the 10th anniversary of 

Srebrenica is upon us. He mentioned specifically that this slaughter of approximately 8,000 men and boys who had sought refuge in that UN-declared safe haven 

represented the worst atrocity in Europe since World War II. Just yesterday, another State Department official responsible for Balkan affairs also raised the anniVerDate Mar 21 2002 11:44 Nov 30, 2005 Jkt 000000 PO 00000 Frm 00013 Fmt 6633 Sfmt 6621 F:\WORK\AGI\052605M\21401.000 HINTREL1 PsN: SHIRL
10

versary at a Helsinki Commission hearing I attended. Clearly, our government is 

taking note of this event, and the House needs to be part of that effort. 

Srebrenica survivors are a closely knit group. This is quite understandable considering the horror they experienced. They have waited long enough to know the fate 

of their missing friends and relatives. They are eager for the perpetrators to be 

brought to justice. The Srebrenica survivors, many of whom came to the United 

States as refugees and are now American citizens, know about this resolution, and 

this action by the Congress is important to them. It might help them find closure. 

Just last week I met with the Bosnian Prime Minister, and he expressed appreciation for H.Res. 199 as his country continues to recover from the horrible conflict ten 

years ago. 

By considering this resolution, therefore, we are not working in a vacuum. By 

moving it forward for full committee consideration, we will have a positive effect on 

a country in which the United States has invested much money and personnel. We 

will have a positive effect on real people who went through something it is frankly 

hard to talk about. 

Finally, July 11 is the date that this massacre will be commemorated. Legislatively, that does not give us much time. I therefore hope I can count on bipartisan 

support as this resolution moves forward.

Mr. PAYNE. Thank you, Mr. Chairman. I commend you and 

strongly support the resolution which commemorates the massacre 

at the Bosnian town of Srebrenica in July 1995. It recognizes what 

happened in Bosnia between 1992 and 1995 as genocide. The 

amendment underlines the importance of bringing war criminals to 

justice and serves as a useful reminder for our Government and to 

others of the consequences of failing to take adequate action in response to aggression and genocide. 

The importance of reminding our Government of the tragic mistakes of the past cannot be understated, particularly in light of the 

ongoing genocide in Darfur and the lack of international response 

and decisiveness in preventing the Government of Sudan from continuing the genocide. The best way to memorialize those who died 

in Srebrenica is to remind this Administration that its lack of interest in Darfur is a great mistake. If we fail to act decisively, we 

may again find ourselves in full regret when commemorating yet 

another genocide years from now. We have to really become more 

focused on the tragedies that are going on. 

And so once again, Mr. Chairman, I support this. It is a good and 

wise resolution. I urge my esteemed colleagues to support it. 

Mr. SMITH. Thank you. Any amendments to the resolution? 

If not, without objection, the resolution will be reported favorably 

to the Full Committee, and any Member who has a statement on 

this, we will include it in the record. And without objection, the 

staff is directed to make any technical and conforming changes. 

Pursuant to notice, I now call up the bill, H.R. 2601, the Foreign 

Relations Authorization Act for Fiscal Years 2006 and 2007, for 

purposes of markup and move its recommendation to the Full Committee. Without objection, the bill will be considered as having been 

read and open for amendment at any point. 

[H.R. 2601 follows:]

11

1

I

109TH CONGRESS

1ST SESSION H. R. 2601

To authorize appropriations for the Department of State for fiscal years

2006 and 2007, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 24, 2005

Mr. SMITH of New Jersey (for himself and Mr. PAYNE) introduced the

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

A BILL

To authorize appropriations for the Department of State

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

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Foreign Relations Au5 thorization Act, Fiscal Years 2006 and 2007’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS

Sec. 101. Administration of foreign affairs.


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•HR 2601 IH

Sec. 102. Contributions to international organizations.

Sec. 103. International Commissions.

Sec. 104. Migration and Refugee Assistance.

Sec. 105. Centers and foundations.

Sec. 106. United States international broadcasting activities.

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND

ACTIVITIES

Sec. 201. Interference with protective functions.

Sec. 202. International litigation fund.

Sec. 203. Retention of medical reimbursements.

Sec. 204. Buying power maintenance account.

Sec. 205. Accountability review boards.

Sec. 206. Designation of Colin L. Powell Residential Plaza.

Sec. 207. Removal of contracting prohibition.

TITLE III—ORGANIZATION AND PERSONNEL OF THE

DEPARTMENT OF STATE

Sec. 301. Education allowances.

Sec. 302. Official residence expenses.

Sec. 303. Increased limits applicable to post differentials and danger pay allowances.

Sec. 304. Home leave.

Sec. 305. Overseas equalization and comparability pay adjustment.

Sec. 306. Fellowship of Hope Program.

Sec. 307. Regulations regarding retirement credit for government service performed abroad.

Sec. 308. Suspension of foreign service members without pay.

Sec. 309. Death gratuity.

Sec. 310. Clarification of Foreign Service Grievance Board procedures.

Sec. 311. Repeal of recertification requirement for members of the Senior Foreign Service.

Sec. 312. Technical amendments to Title 5 provisions on recruitment, relocation, and retention bonuses.

Sec. 313. Limited appointments in the Foreign Service.

Sec. 314. Statement of Congress.

Sec. 315. Sense of Congress regarding additional United States consular posts.

TITLE IV—INTERNATIONAL ORGANIZATIONS

Sec. 401. REDI Center.

Sec. 402. Extension of authorization of appropriation for the United States

Commission on International Religious Freedom.

Sec. 403. International Center for Middle Eastern-Western Dialogue.

TITLE V—CHANGES IN ADMINISTRATIVE AUTHORITIES FOR

INTERNATIONAL BROADCASTING

Sec. 501. Short title.

Sec. 502. Middle East Broadcasting Networks.

Sec. 503. Improving signal delivery to Cuba.

Sec. 504. Establishing permanent authority for Radio Free Asia.

Sec. 505. Personal services contracting program.

Sec. 506. Commonwealth of the Northern Mariana Islands education benefits.


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•HR 2601 IH

TITLE VI—MISCELLANEOUS PROVISIONS AND REPORTING

REQUIREMENTS

Sec. 601. Statement of policy relating to democracy in Iran.

Sec. 602. Dual gateway policy of the Government of Ireland.

Sec. 603. Trans-Sahara counter-terrorism initiative.

Sec. 604. Report on Haiti.

Sec. 605. Reports on acquisition and major security upgrades.

Sec. 606. Report on real estate transactions.

Sec. 607. Verification reports to Congress.

Sec. 608. Reports on protection of refugees from North Korea.

Sec. 609. Reports on actions taken by the United States to encourage respect

for human rights.

Sec. 610. Report on services for children with autism at overseas missions.

Sec. 611. Report on Internet jamming.

Sec. 612. Report on Department of State employment composition.

Sec. 613. Sense of Congress regarding Korean Fulbright programs.

Sec. 614. Location of international institutions in Africa.

Sec. 615. Prohibition on commemorations relating to leaders of Imperial Japan.

1 SEC. 3. DEFINITIONS.

2 In this Act:

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

7 Committee on Foreign Relations of the Senate.

8 (2) DEPARTMENT.—The term ‘‘Department’’

9 means the Department of State.

10 (3) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of State.

12 TITLE I—AUTHORIZATIONS OF

13 APPROPRIATIONS

14 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

15 The following amounts are authorized to be appro16 priated for the Department of State under ‘‘AdministraVerDate Mar 21 2002 11:44 Nov 30, 2005 Jkt 000000 PO 00000 Frm 00017 Fmt 6633 Sfmt 6601 F:\WORK\AGI\052605M\21401.000 HINTREL1 PsN: SHIRL

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•HR 2601 IH

1 tion of Foreign Affairs’’ to carry out the authorities, func2 tions, duties, and responsibilities in the conduct of foreign

3 affairs of the United States and for other purposes author4 ized by law:

5 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

6 For ‘‘Diplomatic and Consular Programs’’,

7 $3,769,118,000 for fiscal year 2006, and

8 $3,896,611,500 for fiscal year 2007.

9 (A) WORLDWIDE SECURITY UPGRADES.—

10 In addition to amounts authorized to be appro11 priated under paragraph (1), $689,523,000 for

12 fiscal year 2006, and $710,208,690 for fiscal

13 year 2007, are authorized to be appropriated

14 for worldwide security upgrades.

15 (B) PUBLIC DIPLOMACY.—Of the amounts

16 authorized to be appropriated under paragraph

17 (1), $333,863,000 for fiscal year 2006, and

18 $343,699,000 for fiscal year 2007, are author19 ized to be appropriated for public diplomacy.

20 (C) BUREAU OF DEMOCRACY, HUMAN

21 RIGHTS, AND LABOR.—Of the amounts author22 ized to be appropriated under paragraph (1),

23 $20,000,000 for fiscal year 2006, and

24 $20,000,000 for fiscal year 2007, are author25 ized to be appropriated for salaries and exVerDate Mar 21 2002 11:44 Nov 30, 2005 Jkt 000000 PO 00000 Frm 00018 Fmt 6633 Sfmt 6601 F:\WORK\AGI\052605M\21401.000 HINTREL1 PsN: SHIRL

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•HR 2601 IH

1 penses of the Bureau of Democracy, Human

2 Rights, and Labor.

3 (D) ANTI-SEMITISM.—Of the amounts au4 thorized to be appropriated under paragraph

5 (1), $225,000 for fiscal year 2006 and

6 $225,000 for fiscal year 2007 are authorized to

7 be appropriated for necessary expenses to fund

8 secondments, hiring of staff, and support tar9 geted projects of the Office of Democratic Insti10 tutions and Human Rights (ODIHR) of the Or11 ganization for Security and Cooperation in Eu12 rope (OSCE) regarding anti-Semitism and in13 tolerance and for the OSCE/ODIHR Law En14 forcement Officers Hate Crimes Training Pro15 gram.

16 (E) RELIGIOUS FREEDOM.—

17 (i) IN GENERAL.—Of the amounts au18 thorized to be appropriated under para19 graph (1), $205,000 for fiscal year 2006

20 and $205,000 for fiscal year 2007 are au21 thorized to be appropriated for necessary

22 expenses to fund activities of the Organiza23 tion for Security and Cooperation in Eu24 rope relating to freedom of religion and be25 lief.


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•HR 2601 IH

1 (ii) OSCE PROJECTS, ACTIVITIES,

2 AND MISSIONS.—

3 (I) PROJECTS AND ACTIVITIES.—

4 Of the amounts authorized to be ap5 propriated under subparagraph (A),

6 $125,000 for fiscal year 2006 and

7 $125,000 for fiscal year 2007 are au8 thorized to be appropriated for nec9 essary expenses to fund for

10 secondments, hiring of staff, and sup11 port targeted projects of the Office of

12 Democratic Institutions and Human

13 Rights (ODIHR) of the Organization

14 for Security and Cooperation in Eu15 rope (OSCE) regarding religious free16 dom and for the OSCE/ODIHR Panel

17 of Experts on Freedom of Religion or

18 Belief.

19 (II) MISSIONS.—Of the amounts

20 authorized to be appropriated under

21 subparagraph (A), $80,000 for fiscal

22 year 2006 and $80,000 for fiscal year

23 2007 are authorized to be appro24 priated for OSCE Missions in Arme25 nia, Azerbaijan, Georgia, Kazakhstan,


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1 Kyrgyzstan, Tajikistan, Turkmenistan

2 and Uzbekistan for activities to ad3 dress issues relating to religious free4 dom and belief and to fund the hiring

5 of new staff who are dedicated to reli6 gious freedom and belief.

7 (F) CHARLES B. RANGEL INTERNATIONAL

8 AFFAIRS PROGRAM.—Of the amounts author9 ized to be appropriated under paragraph (1),

10 $1,500,000 for fiscal year 2006 and $1,500,000

11 for fiscal year 2007 are authorized to be appro12 priated for the Charles B. Rangel International

13 Affairs Program at Howard University.

14 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap15 ital Investment Fund’’, $131,000,000 for fiscal year

16 2006, and $131,000,000 for fiscal year 2007.

17 (3) EMBASSY SECURITY, CONSTRUCTION AND

18 MAINTENANCE.—For ‘‘Embassy Security, Construc19 tion and Maintenance’’, $1,526,000,000 for fiscal

20 year 2006, and $1,550,000,000 for fiscal year 2007.

21 (4) EDUCATIONAL AND CULTURAL EXCHANGE

22 PROGRAMS.—

23 (A) IN GENERAL.—For ‘‘Educational and

24 Cultural Exchange Programs’’, $428,900,000


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1 for the fiscal year 2006, and $438,500,000 for

2 fiscal year 2007.

3 (B) SUMMER INSTITUTES FOR KOREAN

4 STUDENT LEADERS.—Of the amounts author5 ized to be appropriated under subparagraph

6 (A), $750,000 for fiscal year 2006 and

7 $750,000 for fiscal year 2007 are authorized to

8 be appropriated for summer academic study

9 programs in the United States (focusing on

10 United States political systems, government in11 stitutions, society, and democratic culture) for

12 college and university students from the Repub13 lic of Korea, to be known as the ‘‘United States

14 Summer Institutes for Korean Student Lead15 ers’’.

16 (C) SUDANESE SCHOLARSHIPS.—Of the

17 amounts authorized to be available under sub18 paragraph (A), $500,000 for fiscal year 2004

19 and $500,000 for fiscal year 2005 is authorized

20 to be available for scholarships for students

21 from southern Sudan for secondary or postsec22 ondary education in the United States, to be

23 known as ‘‘Sudanese Scholarships’’.


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1 (5) REPRESENTATION ALLOWANCES.—For

2 ‘‘Representation Allowances’’, $8,281,000 for fiscal

3 year 2006, and $8,281,000 for fiscal year 2007.

4 (6) PROTECTION OF FOREIGN MISSIONS AND

5 OFFICIALS.—For ‘‘Protection of Foreign Missions

6 and Officials’’, $9,390,000 for fiscal year 2006 and

7 $9,390,000 for fiscal year 2007.

8 (7) EMERGENCIES IN THE DIPLOMATIC AND

9 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip10 lomatic and Consular Service’’, $12,143,000 for fis11 cal year 2006, and $12,143,000 for fiscal year 2007.

12 (8) REPATRIATION LOANS.—For ‘‘Repatriation

13 Loans’’, $1,319,000 for fiscal year 2006, and

14 $1,319,000 for fiscal year 2007.

15 (9) PAYMENT TO THE AMERICAN INSTITUTE IN

16 TAIWAN.—For ‘‘Payment to the American Institute

17 in Taiwan’’, $19,751,000 for fiscal year 2006, and

18 $20,146,020 for fiscal year 2007.

19 (10) OFFICE OF THE INSPECTOR GENERAL.—

20 For ‘‘Office of the Inspector General’’, $29,983,000

21 for fiscal year 2006, and $29,983,000 for fiscal year

22 2007.


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1 SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA2 TIONS.

3 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

4 ORGANIZATIONS.—There are authorized to be appro5 priated for ‘‘Contributions to International Organiza6 tions’’, $1,296,500,000 for fiscal year 2006 and

7 $1,322,430,000 for fiscal year 2007, for the Department

8 of State to carry out the authorities, functions, duties, and

9 responsibilities in the conduct of the foreign affairs of the

10 United States with respect to international organizations

11 and to carry out other authorities in law consistent with

12 such purposes.

13 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE14 KEEPING ACTIVITIES.—There are authorized to be appro15 priated for ‘‘Contributions for International Peacekeeping

16 Activities’’, $1,035,500,000 for fiscal year 2006, and such

17 sums as may be necessary for fiscal year 2007, for the

18 Department of State to carry out the authorities, func19 tions, duties, and responsibilities of the United States with

20 respect to international peacekeeping activities and to

21 carry out other authorities in law consistent with such

22 purposes. Amounts appropriated pursuant to this sub23 section are authorized to remain available until expended.

24 (c) FOREIGN CURRENCY EXCHANGE RATES.—

25 (1) AUTHORIZATION OF APPROPRIATIONS.—In

26 addition to amounts authorized to be appropriated


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1 by subsection (a), there are authorized to be appro2 priated such sums as may be necessary for each of

3 fiscal years 2006 and 2007 to offset adverse fluctua4 tions in foreign currency exchange rates.

5 (2) AVAILABILITY OF FUNDS.—Amounts appro6 priated under this subsection shall remain available

7 for obligation and expenditure only to the extent

8 that the Director of the Office of Management and

9 Budget determines and certifies to Congress that

10 such amounts are necessary due to such fluctua11 tions.

12 SEC. 103. INTERNATIONAL COMMISSIONS.

13 The following amounts are authorized to be appro14 priated under ‘‘International Commissions’’ for the De15 partment of State to carry out the authorities, functions,

16 duties, and responsibilities in the conduct of the foreign

17 affairs of the United States and for other purposes author18 ized by law:

19 (1) INTERNATIONAL BOUNDARY AND WATER

20 COMMISSION, UNITED STATES AND MEXICO.—For

21 ‘‘International Boundary and Water Commission,

22 United States and Mexico’’—

23 (A) for ‘‘Salaries and Expenses’’,

24 $28,200,000 for fiscal year 2006, and

25 $28,200,000 for fiscal year 2007; and


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1 (B) for ‘‘Construction’’, $6,100,000 for fis2 cal year 2006, and $6,100,000 for fiscal year

3 2007.

4 (2) INTERNATIONAL BOUNDARY COMMISSION,

5 UNITED STATES AND CANADA.—For ‘‘International

6 Boundary Commission, United States and Canada’’,

7 $1,429,000 for fiscal year 2006 and $1,429,000 for

8 fiscal year 2007.

9 (3) INTERNATIONAL JOINT COMMISSION.—For

10 ‘‘International Joint Commission’’, $6,320,000 for

11 fiscal year 2006 and $6,320,000 for fiscal year

12 2007.

13 (4) INTERNATIONAL FISHERIES COMMIS14 SIONS.—For ‘‘International Fisheries Commissions’’,

15 $25,123,000 for fiscal year 2006 and $25,123,000

16 for fiscal year 2007.

17 SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

18 There are authorized to be appropriated for the De19 partment of State for ‘‘Migration and Refugee Assistance’’

20 for authorized activities, $955,000,000 for fiscal year

21 2006 and $983,650,000 for fiscal year 2007.

22 SEC. 105. CENTERS AND FOUNDATIONS.

23 (a) ASIA FOUNDATION.—There are authorized to be

24 appropriated for ‘‘The Asia Foundation’’ for authorized


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1 activities, $18,000,000 for fiscal year 2006 and

2 $18,000,000 for fiscal year 2007.

3 (b) NATIONAL ENDOWMENT FOR DEMOCRACY.—

4 There are authorized to be appropriated for the ‘‘National

5 Endowment for Democracy’’ for authorized activities,

6 $80,000,000 for fiscal year 2006 and $80,000,000 for fis7 cal year 2007.

8 (c) CENTER FOR CULTURAL AND TECHNICAL INTER9 CHANGE BETWEEN EAST AND WEST.—There are author10 ized to be appropriated for the ‘‘Center for Cultural and

11 Technical Interchange Between East and West’’ for au12 thorized activities, $13,024,000 for fiscal year 2006 and

13 $13,024,000 for fiscal year 2007.

14 SEC. 106. UNITED STATES INTERNATIONAL BROADCASTING

15 ACTIVITIES.

16 The following amounts are authorized to be appro17 priated to carry out United States Government inter18 national broadcasting activities under the United States

19 Information and Educational Exchange Act of 1948, the

20 Radio Broadcasting to Cuba Act, the Television Broad21 casting to Cuba Act, the United States International

22 Broadcasting Act of 1994, and the Foreign Affairs Re23 form and Restructuring Act of 1998, and to carry out

24 other authorities in law consistent with such purposes:


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1 (1) For ‘‘International Broadcasting Oper2 ations’’, $603,394,000 for fiscal year 2006 and

3 $621,495,820 for fiscal year 2007. Of the amounts

4 authorized to be appropriated under under this

5 paragraph, $5,000,000 is authorized to be appro6 priated for fiscal year 2006 and $5,000,000 is au7 thorized to be appropriated for fiscal year 2007 for

8 increased broadcasting to Belarus.

9 (2) For ‘‘Broadcasting Capital Improvements’’,

10 $26,893,000 for fiscal year 2006 and $26,893,000

11 for fiscal year 2007.

12 (3) For ‘‘Broadcasting to Cuba’’, $37,931,000

13 for fiscal year 2006 and $29,931,000 for fiscal year

14 2007, to remain available until expended, for nec15 essary expenses to enable the Broadcasting Board of

16 Governors to carry out broadcasting to Cuba, includ17 ing the purchase, rent, construction, and improve18 ment of facilities for radio and television trans19 mission and reception, and the purchase, lease, and

20 installation of necessary equipment, including air21 craft, for radio and television transmission and re22 ception.


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1 TITLE II—DEPARTMENT OF

2 STATE AUTHORITIES AND AC3 TIVITIES

4 SEC. 201. INTERFERENCE WITH PROTECTIVE FUNCTIONS.

5 (a) OFFENSE.—Chapter 7 of title 18, United States

6 Code, is amended by adding at the end the following new

7 section:

8 ‘‘§ 117. Interference with certain protective functions

9 ‘‘Whoever knowingly and willfully obstructs, resists,

10 or interferes with a Federal law enforcement agent en11 gaged, within the United States or the special maritime

12 and territorial jurisdiction of the United States, in the per13 formance of the protective functions authorized by section

14 37 of the State Department Basic Authorities Act of 1956

15 (22 U.S.C. 2709) or section 103 of the Diplomatic Secu16 rity Act (22 U.S.C. 4802) shall be fined under this title

17 or imprisoned not more than one year, or both.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of such chapter is amended by adding

20 at the end the following new item:

‘‘117. Interference with certain protective functions.’’.

21 SEC. 202. INTERNATIONAL LITIGATION FUND.

22 Section 38(d)(3) of the State Department Basic Au23 thorities Act of 1956 (22 U.S.C. 2710(d)(3)) is

24 amended—


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1 (1) by inserting ‘‘as a result of a decision of an

2 international tribunal,’’ after ‘‘received by the De3 partment of State’’; and

4 (2) by inserting a comma after ‘‘United States

5 Government’’.

6 SEC. 203. RETENTION OF MEDICAL REIMBURSEMENTS.

7 Section 904 of the Foreign Service Act of 1980 (22

8 U.S.C. 4084) is amended by adding at the end the fol9 lowing new subsection:

10 ‘‘(g) Reimbursements paid to the Department of

11 State for funding the costs of medical care abroad for em12 ployees and eligible family members shall be credited to

13 the currently available applicable appropriation account.

14 Notwithstanding any other provision of law, such reim15 bursements shall be available for obligation and expendi16 ture during the fiscal year in which they are received or

17 for such longer period of time as may be provided in law.’’.

18 SEC. 204. BUYING POWER MAINTENANCE ACCOUNT.

19 Section 24(b)(7) of the State Department Basic Au20 thorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended

21 by striking subparagraph (D).

22 SEC. 205. ACCOUNTABILITY REVIEW BOARDS.

23 Section 301(a) of the Diplomatic Security Act (22

24 U.S.C. 4831(a)) is amended—


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1 (1) in paragraph (1), by striking ‘‘paragraph

2 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and

3 (2) by adding at the end the following new

4 paragraph:

5 ‘‘(3) FACILITIES IN AFGHANISTAN AND IRAQ.—

6 ‘‘(A) LIMITED EXEMPTIONS FROM RE7 QUIREMENT TO CONVENE BOARD.—The Sec8 retary of State is not required to convene a

9 Board in the case of an incident that—

10 ‘‘(i) involves serious injury, loss of

11 life, or significant destruction of property

12 at, or related to, a United States Govern13 ment mission in Afghanistan or Iraq; and

14 ‘‘(ii) occurs during the period begin15 ning on July 1, 2004 and ending on Sep16 tember 30, 2009.

17 ‘‘(B) REPORTING REQUIREMENTS.—In the

18 case of an incident described in subparagraph

19 (A), the Secretary shall—

20 ‘‘(i) promptly notify the Committee on

21 International Relations of the House of

22 Representatives and the Committee on

23 Foreign Relations of the Senate of the in24 cident;


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1 ‘‘(ii) conduct an inquiry of the inci2 dent; and

3 ‘‘(iii) upon completion of the inquiry

4 required by clause (ii), submit to each such

5 Committee a report on the findings and

6 recommendations related to such inquiry

7 and the actions taken with respect to such

8 recommendations.’’.

9 SEC. 206. DESIGNATION OF COLIN L. POWELL RESIDENTIAL

10 PLAZA.

11 (a) The Federal building in Kingston, Jamaica, for12 merly known as the Crowne Plaza and currently a staff

13 housing facility for the Embassy of the United States in

14 Jamaica, shall be known and designated as the ‘‘Colin L.

15 Powell Residential Plaza’’.

16 (b) Any reference in a law, map, regulation, docu17 ment, paper, or other record of the United States to the

18 Federal building referred to in subsection (a) shall be

19 deemed to be a reference to the ‘‘Colin L. Powell Residen20 tial Plaza’’.

21 SEC. 207. REMOVAL OF CONTRACTING PROHIBITION.

22 Section 406(c) of the Omnibus Diplomatic Security

23 and Antiterrorism Act of 1986 (P.L. 99–399) (relating

24 to the ineligibility of persons doing business with Libya

25 to be awarded a contract) is repealed.


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1 TITLE III—ORGANIZATION AND

2 PERSONNEL OF THE DEPART3 MENT OF STATE

4 SEC. 301. EDUCATION ALLOWANCES.

5 Section 5924(4) of title 5, United States Code, is

6 amended—

7 (1) in the first sentence of subparagraph (A),

8 by inserting ‘‘United States’’ after ‘‘nearest’’;

9 (2) by striking subparagraph (B) and inserting

10 the following new subparagraph:

11 ‘‘(B) The travel expenses of dependents of

12 an employee to and from a secondary or post13 secondary educational institution, not to exceed

14 one annual trip each way for each dependent,

15 except that an allowance payment under sub16 paragraph (A) may not be made for a depend17 ent during the 12 months following the arrival

18 of the dependent at the selected educational in19 stitution under authority contained in this sub20 paragraph.’’; and

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

23 ‘‘(D) Allowances provided pursuant to sub24 paragraphs (A) and (B) may include, at the

25 election of the employee, payment or reimburseVerDate Mar 21 2002 11:44 Nov 30, 2005 Jkt 000000 PO 00000 Frm 00033 Fmt 6633 Sfmt 6601 F:\WORK\AGI\052605M\21401.000 HINTREL1 PsN: SHIRL

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1 ment of the costs incurred to store baggage for

2 the employee’s dependent at or in the vicinity of

3 the dependent’s school during the dependent’s

4 annual trip between the school and the employ5 ee’s duty station, except that such payment or

6 reimbursement may not exceed the cost that the

7 Government would incur to transport the bag8 gage with the dependent in connection with the

9 annual trip, and such payment or reimburse10 ment shall be in lieu of transportation of the

11 baggage.’’.

12 SEC. 302. OFFICIAL RESIDENCE EXPENSES.

13 Section 5913 of Title 5, United States Code, is

14 amended by adding at the end the following new sub15 section:

16 ‘‘(c) Funds made available under subsection (b) may

17 be provided in advance to persons eligible to receive reim18 bursements.’’.

19 SEC. 303. INCREASED LIMITS APPLICABLE TO POST DIF20 FERENTIALS AND DANGER PAY ALLOW21 ANCES.

22 (a) REPEAL OF LIMITED-SCOPE EFFECTIVE DATE

23 FOR PREVIOUS INCREASE.—Subsection (c) of section 591

24 of the Foreign Operations, Export Financing, and Related


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1 Programs Appropriations Act, 2004 (division D of Public

2 Law 108–199) is repealed.

3 (b) POST DIFFERENTIALS.—Section 5925(a) of title

4 5, United States Code, is amended in the third sentence

5 by striking ‘‘25 percent of the rate of basic pay or, in the

6 case of an employee of the United States Agency for Inter7 national Development,’’.

8 (c) DANGER PAY ALLOWANCES.—Section 5928 of

9 title 5, United States Code, is amended by striking ‘‘25

10 percent of the basic pay of the employee or 35 percent

11 of the basic pay of the employee in the case of an employee

12 of the United States Agency for International Develop13 ment’’ both places that it appears and inserting ‘‘35 per14 cent of the basic pay of the employee’’.

15 (d) CRITERIA.—The Secretary of State shall inform

16 the Committee on International Relations of the House

17 of Representatives and the Committee on Foreign Rela18 tions of the Senate of the criteria to be used in determina19 tions of appropriate adjustments in post differentials

20 under section 5925(a) of title 5, United States Code, as

21 amended by subsection (b), and danger pay allowances

22 under section 5928 of title 5, United States Code, as

23 amended by subsection (c).

24 (e) STUDY AND REPORT.—Not later than two years

25 after the date of the enactment of this Act, the Secretary


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1 of State shall conduct a study assessing the effect of the

2 increases in post differentials and danger pay allowances

3 made by the amendments in subsections (b) and (c), re4 spectively, in filling ‘‘hard-to-fill’’ positions and shall sub5 mit a report of such study to the congressional committees

6 described in subsection (d).

7 SEC. 304. HOME LEAVE.

8 Chapter 9 of title I of the Foreign Service Act of

9 1980 (relating to travel, leave, and other benefits) is

10 amended—

11 (1) in section 901(6) (22 U.S.C. 4081(6)), by

12 striking ‘‘unbroken by home leave’’ both places that

13 it appears; and

14 (2) in section 903(a) (22 U.S.C. 4083), by

15 striking ‘‘18 months’’ and inserting ‘‘12 months’’.

16 SEC. 305. OVERSEAS EQUALIZATION AND COMPARABILITY

17 PAY ADJUSTMENT.

18 (a) IN GENERAL.—Chapter 4 of the Foreign Service

19 Act of 1980 (22 U.S.C. 3961 et seq.) (relating to com20 pensation) is amended by adding at the end the following

21 new section:

22 ‘‘SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

23 ‘‘(a) IN GENERAL.—In accordance with subsection

24 (c), a member of the Service who is designated class 1

25 or below and who does not have as an official duty station


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1 a location in the continental United States or in a non2 foreign area shall receive locality-based comparability pay3 ments under section 5304 of title 5, United States Code,

4 that would be paid to such member if such member’s offi5 cial duty station would have been Washington, D.C.

6 ‘‘(b) TREATMENT AS BASIC PAY.—The locality-based

7 comparability payment described in subsection (a) shall—

8 ‘‘(1) be considered to be part of the basic pay

9 of a member in accordance with section 5304 of title

10 5, United States Code, for the same purposes for

11 which comparability payments are considered to be

12 part of basic pay under such section; and

13 ‘‘(2) be subject to any applicable pay limita14 tions.

15 ‘‘(c) PHASE-IN.—The comparability pay adjustment

16 described under this section shall be paid to a member

17 described in subsection (a) in three phases, as follows:

18 ‘‘(1) In fiscal year 2006, 33.33 percent of the

19 amount of such adjustment to which such member

20 is entitled.

21 ‘‘(2) In fiscal year 2007, 66.66 percent of the

22 amount of such adjustment to which such member

23 is entitled.


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•HR 2601 IH

1 ‘‘(3) In fiscal year 2008 and subsequent fiscal

2 years, 100.00 percent of the amount of such adjust3 ment to which such member is entitled.’’.

4 (b) CONFORMING AMENDMENTS RELATING TO THE

5 RETIREMENT AND DISABILITY SYSTEM OF THE FOREIGN

6 SERVICE.—

7 (1) CONTRIBUTIONS TO THE FUND.—Section

8 805(a) of the Foreign Service Act of 1980 (22

9 U.S.C. 4045(a)) is amended—

10 (A) in paragraph (1)—

11 (i) in the first sentence, by striking

12 ‘‘7.25 percent’’ and inserting ‘‘7.00 per13 cent’’; and

14 (ii) in the second sentence, by striking

15 ‘‘The contribution by the employing agen16 cy’’ through ‘‘and shall be made’’ and in17 serting ‘‘An equal amount shall be contrib18 uted by the employing agency’’;

19 (B) in paragraph (2)—

20 (i) in subparagraph (A), by striking

21 ‘‘plus an amount equal to .25 percent of

22 basic pay’’; and

23 (ii) in subparagraph (B), in the first

24 sentence, by striking ‘‘plus an amount

25 equal to .25 percent of basic pay’’; and


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•HR 2601 IH

1 (C) in paragraph (3), by striking ‘‘plus .25

2 percent’’.

3 (2) COMPUTATION OF ANNUITIES.—Section

4 806(a)(9) of such Act (22 U.S.C. 4046(a)(9)) is

5 amended—

6 (A) by striking ‘‘is outside’’ and inserting

7 ‘‘was outside’’; and

8 (B) by inserting after ‘‘continental United

9 States’’ the following: ‘‘for any period of time

10 from December 29, 2002, to the first day of the

11 first full pay period beginning after the date of

12 applicability of the overseas comparability pay

13 adjustment under section 415’’;

14 (3) ENTITLEMENT TO ANNUITY.—Section

15 855(a)(3) of such Act (22 U.S.C. 4071d(a)(3)) is

16 amended—

17 (A) by striking ‘‘is outside’’ and inserting

18 ‘‘was outside’’; and

19 (B) by inserting after ‘‘continental United

20 States’’ the following: ‘‘for any period of time

21 from December 29, 2002, to the first day of the

22 first full pay period beginning after the date of

23 applicability of the overseas comparability pay

24 adjustment under section 415’’.


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1 (4) DEDUCTIONS AND WITHHOLDINGS FROM

2 PAY.—Section 856(a)(2) of such Act (22 U.S.C.

3 4071e(a)(2)) is amended to read as follows:

4 ‘‘(2) The applicable percentage under this sub5 section shall be as follows:

‘‘Percentage Time Period

7.5 .................................................................................................. Before January 1, 1999.

7.75 ................................................................................................ January 1, 1999, to December 31, 1999.

7.9 .................................................................................................. January 1, 2000, to December 31, 2000.

7.55 ................................................................................................ January 11, 2003, to September 30, 2004.

7.5 .................................................................................................. After September 30, 2004.’’.

6 (c) EFFECTIVE DATE.—The amendments made by

7 this section shall take effect on the date of the enactment

8 of this Act and apply beginning on the first day of the

9 first full pay period beginning after such date.

10 SEC. 306. FELLOWSHIP OF HOPE PROGRAM.

11 (a) FELLOWSHIP AUTHORIZED.—Chapter 5 of title

12 I of the Foreign Service Act of 1980 (22 U.S.C. 3981

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

14 new section:

15 ‘‘SEC. 506. FELLOWSHIP OF HOPE.

16 ‘‘(a) The Secretary is authorized to establish a pro17 gram to be known as the ‘Fellowship of Hope Program’.

18 Under the Program, the Secretary may assign a member

19 of the Service, for not more than one year, to a position

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1 mits an employee of such country or entity to be assigned

2 to a position with the Department.

3 ‘‘(b) The salary and benefits of a member of the Serv4 ice shall be paid as described in subsection (b) of section

5 503 during a period in which such member is participating

6 in the Fellowship of Hope Program. The salary and bene7 fits of an employee of a designated country or designated

8 entity participating in the Program shall be paid by such

9 country or entity during the period in which such employee

10 is participating in the Program.

11 ‘‘(c) In this section:

12 ‘‘(1) The term ‘designated country’ means a

13 member country of—

14 ‘‘(A) the North Atlantic Treaty Organiza15 tion; or

16 ‘‘(B) the European Union.

17 ‘‘(2) The term ‘designated entity’ means—

18 ‘‘(A) the North Atlantic Treaty Organiza19 tion; or

20 ‘‘(B) the European Union.

21 ‘‘(d) Nothing in this section shall be construed to—

22 ‘‘(1) authorize the appointment as an officer or

23 employee of the United States of—

24 ‘‘(A) an individual whose allegiance is to

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1 national entity other than to the United States;

2 or

3 ‘‘(B) an individual who has not met the re4 quirements of sections 3331, 3332, 3333, and

5 7311 of title 5, United States Code, and any

6 other provision of law concerning eligibility for

7 appointment as, and continuation of employ8 ment as, an officer or employee of the United

9 States; or

10 ‘‘(2) authorize the Secretary to assign a mem11 ber of the Service to a position with any foreign

12 country whose law, or to any foreign or international

13 entity whose rules, require such member to give alle14 giance or loyalty to such country or entity while as15 signed to such position.’’.

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

17 Such Act is amended—

18 (1) in section 503 (22 U.S.C. 3983)—

19 (A) in the section heading, by striking

20 ‘‘AND’’ and inserting ‘‘FOREIGN GOVERN21 MENTS, OR’’; and

22 (B) in subsection (a)—

23 (i) in the matter preceding paragraph

24 (1), by inserting ‘‘foreign government,’’

25 after ‘‘organization,’’; and


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1 (ii) in paragraph (1), by inserting ‘‘,

2 or with a foreign government under section

3 506’’ before the semicolon; and

4 (2) in section 2, in the table of contents—

5 (A) by striking the item relating to section

6 503 and inserting the following new item:

‘‘Sec. 503. Assignments to agencies, international organizations, foreign governments, or other bodies.’’;

7 and

8 (B) by inserting after the item relating to

9 section 505 the following new item:

‘‘Sec. 506. Fellowship of Hope Program.’’.

10 SEC. 307. REGULATIONS REGARDING RETIREMENT CREDIT

11 FOR GOVERNMENT SERVICE PERFORMED

12 ABROAD.

13 Section 321(f) of the Foreign Relations Authorization

14 Act, Fiscal Year 2003 (5 U.S.C. 8411 note; Public Law

15 107–228) is amended by inserting ‘‘, not later than 60

16 days after the date of the enactment of the Foreign Rela17 tions Authorization Act, Fiscal Years 2006 and 2007,’’

18 after ‘‘regulations’’.

19 SEC. 308. SUSPENSION OF FOREIGN SERVICE MEMBERS

20 WITHOUT PAY.

21 (a) SUSPENSION.—Section 610 of the Foreign Serv22 ice Act of 1980 (22 U.S.C. 4010) is amended by adding

23 at the end the following new subsection:


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1 ‘‘(c)(1) The Secretary may suspend a member of the

2 Service without pay when there is reasonable cause to be3 lieve that the member has committed a crime for which

4 a sentence of imprisonment may be imposed and there is

5 a connection between the conduct and the efficiency of the

6 Foreign Service.

7 ‘‘(2) Any member of the Service for whom a suspen8 sion is proposed shall be entitled to—

9 ‘‘(A) written notice stating the specific reasons

10 for the proposed suspension;

11 ‘‘(B) a reasonable time to respond orally and in

12 writing to the proposed suspension;

13 ‘‘(C) representation by an attorney or other

14 representative; and

15 ‘‘(D) a final written decision, including the spe16 cific reasons for such decision, as soon as prac17 ticable.

18 ‘‘(3) Any member suspended under this section may

19 file a grievance in accordance with the procedures applica20 ble to grievances under chapter 11 of this title.

21 ‘‘(4) In this subsection:

22 ‘‘(A) The term ‘reasonable time’ means—

23 ‘‘(i) with respect to a member of the Serv24 ice assigned to duty in the United States, 15


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1 days after receiving notice of the proposed sus2 pension; and

3 ‘‘(ii) with respect to a member of the Serv4 ice assigned to duty outside the United States,

5 30 days after receiving notice of the proposed

6 suspension.

7 ‘‘(B) The terms ‘suspend’ and ‘suspension’

8 mean the placing of a member of the Service in a

9 temporary status without duties and pay.’’.

10 (b) CONFORMING AND CLERICAL AMENDMENTS.—

11 (1) AMENDMENT OF SECTION HEADING.—Such

12 section, as amended by subsection (a), is further

13 amended in the section heading by inserting ‘‘; SUS14 PENSION’’ before the period at the end.

15 (2) CLERICAL AMENDMENT.—Section 2 of such

16 Act is amended, in the table of contents, by striking

17 the item relating to section 610 and inserting the

18 following new item:

‘‘Sec. 610. Separation for cause; suspension.’’.

19 SEC. 309. DEATH GRATUITY.

20 Section 413(a) of the Foreign Service Act of 1980

21 (22 U.S.C. 3973(a)) is amended in the first sentence by

22 inserting before the period at the end the following: ‘‘or

23 $100,000, whichever is greater’’.


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1 SEC. 310. CLARIFICATION OF FOREIGN SERVICE GRIEV2 ANCE BOARD PROCEDURES.

3 Section 1106(8) of the Foreign Service Act of 1980

4 (22 U.S.C. 4136(8)) is amended in the first sentence—

5 (1) by inserting ‘‘the involuntary separation of

6 the grievant (other than an involuntary separation

7 for cause under section 610(a)),’’ after ‘‘consid8 ering’’; and

9 (2) by striking ‘‘the grievant or’’ and inserting

10 ‘‘the grievant, or’’.

11 SEC. 311. REPEAL OF RECERTIFICATION REQUIREMENT

12 FOR MEMBERS OF THE SENIOR FOREIGN

13 SERVICE.

14 Section 305(d) of the Foreign Service Act of 1980

15 (22 U.S.C. 3945(d)) is hereby repealed.

16 SEC. 312. TECHNICAL AMENDMENTS TO TITLE 5 PROVI17 SIONS ON RECRUITMENT, RELOCATION, AND

18 RETENTION BONUSES.

19 Title 5, United States Code, is amended—

20 (1) in section 5753(a)(2)(A), by inserting be21 fore the semicolon at the end the following: ‘‘, but

22 does not include members of the Foreign Service

23 other than chiefs of mission and ambassadors-at24 large’’; and

25 (2) in section 5754(a)(2)(A), by inserting be26 fore the semicolon at the end the following: ‘‘, but


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1 does not include members of the Foreign Service

2 other than chiefs of mission and ambassadors-at3 large’’.

4 SEC. 313. LIMITED APPOINTMENTS IN THE FOREIGN SERV5 ICE.

6 Section 309 of the Foreign Service Act of 1980 (22

7 U.S.C. 3949) is amended—

8 (1) in subsection (a), by striking ‘‘subsection

9 (b)’’ and inserting ‘‘subsections (b) or (c)’’;

10 (2) in subsection (b)—

11 (A) by amending paragraph (3) to read as

12 follows:

13 ‘‘(3) as a career candidate, if—

14 ‘‘(A) continued service is determined appro15 priate to remedy a matter that would be cognizable

16 as a grievance under chapter 11; or

17 ‘‘(B) the career candidate is called to military

18 active duty pursuant to the Uniformed Services Em19 ployment and Reemployment Rights Act of 1994

20 (Public Law 103–353; codified in chapter 43 of title

21 38, United States Code) and the limited appoint22 ment expires in the course of such military active

23 duty:’’;

24 (B) in paragraph (4), by striking ‘‘and’’ at

25 the end;


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1 (C) in paragraph (5) by striking the period

2 at the end and inserting ‘‘; and’’ ; and

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

4 paragraph:

5 ‘‘(6) in exceptional circumstances where the Sec6 retary determines the needs of the Service require the ex7 tension of a limited appointment—

8 ‘‘(A) for a period of time not to exceed 12

9 months, provided such period of time does not per10 mit additional review by the boards under section

11 306; or

12 ‘‘(B) for the minimum time needed to settle a

13 grievance, claim, or complaint not otherwise pro14 vided for in this section.’’; and

15 (3) by adding at the end the following new sub16 section:

17 ‘‘(c) Noncareer specialist employees who have served

18 five consecutive years under a limited appointment may

19 be reappointed to a subsequent limited appointment pro20 vided there is at least a one year break in service before

21 such new appointment. This requirement may be waived

22 by the Director General in cases of special need.’’.

23 SEC. 314. STATEMENT OF CONGRESS.

24 Congress declares that the recent changes proposed

25 by the Department of State to the career development proVerDate Mar 21 2002 11:44 Nov 30, 2005 Jkt 000000 PO 00000 Frm 00048 Fmt 6633 Sfmt 6601 F:\WORK\AGI\052605M\21401.000 HINTREL1 PsN: SHIRL

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1 gram for members of the Senior Foreign Service will help

2 promote well-rounded and effective members of the Senior

3 Foreign Service, and should be implemented as planned

4 in the coming years. Congress fully supports the proposed

5 changes that require that in order to be eligible for pro6 motion into the Senior Foreign Service, a member of the

7 Foreign Service must demonstrate over the course of the

8 career of such member the following:

9 (1) Operational effectiveness, including a

10 breadth of experience in several regions and over

11 several functions.

12 (2) Leadership and management effectiveness.

13 (3) Sustained professional language proficiency.

14 (4) Responsiveness to Service needs.

15 SEC. 315. SENSE OF CONGRESS REGARDING ADDITIONAL

16 UNITED STATES CONSULAR POSTS.

17 It is the sense of the Congress that to help advance

18 United States economic, political, and public diplomacy in19 terests, the Secretary of State should make best efforts

20 to establish United States consulates or other appropriate

21 United States diplomatic presence in Pusan, South Korea

22 and Hat Yai, Thailand.


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1 TITLE IV—INTERNATIONAL

2 ORGANIZATIONS

3 SEC. 401. REDI CENTER.

4 The Secretary of State is authorized to provide for

5 the participation by the United States in the Regional

6 Emerging Disease Intervention (‘‘REDI’’) Center in

7 Singapore.

8 SEC. 402. EXTENSION OF AUTHORIZATION OF APPROPRIA9 TION FOR THE UNITED STATES COMMISSION

10 ON INTERNATIONAL RELIGIOUS FREEDOM.

11 (a) IN GENERAL.—Subsection (a) of section 207 of

12 the International Religious Freedom Act of 1998 (22

13 U.S.C. 6435) is amended by striking ‘‘$3,000,000 for the

14 fiscal year 2003’’ and inserting ‘‘$3,300,000 for each of

15 fiscal years 2006 through 2011’’.

16 (b) TECHNICAL AMENDMENT.—Subsection (b) of

17 such section is amended by striking ‘‘subparagraph’’ and

18 inserting ‘‘subsection’’.

19 SEC. 403. INTERNATIONAL CENTER FOR MIDDLE EASTERN20 WESTERN DIALOGUE.

21 Section 633(e) of the Departments of Commerce,

22 Justice, and State, the Judiciary, and Related Agencies

23 Appropriations Act, 2004 (division B of Public Law 108–

24 199; 22 U.S.C. 2078(e)) is amended—


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1 (1) by striking ‘‘The United States, through the

2 Department of State, shall retain ownership of the

3 Palazzo Corpi building in Istanbul, Turkey, and the’’

4 and inserting ‘‘The’’; and

5 (2) by striking ‘‘at such location’’ and inserting

6 ‘‘at an appropriate location’’.

7 TITLE V—CHANGES IN ADMINIS8 TRATIVE AUTHORITIES FOR

9 INTERNATIONAL BROAD10 CASTING

11 SEC. 501. SHORT TITLE.

12 This title may be cited as the ‘‘International Broad13 casting Authorization Act, Fiscal Years 2006 and 2007’’.

14 SEC. 502. MIDDLE EAST BROADCASTING NETWORKS.

15 (a) MIDDLE EAST BROADCASTING NETWORKS.—The

16 United States International Broadcasting Act of 1994 (22

17 U.S.C. 6201 et seq.) is amended by inserting after section

18 309 (22 U.S.C. 6208) the following new section:

19 ‘‘SEC. 309A. MIDDLE EAST BROADCASTING NETWORKS.

20 ‘‘(a) AUTHORITY.—Grants authorized under section

21 305 shall be available to make annual grants to the Middle

22 East Broadcasting Networks for the purpose of carrying

23 out radio and television broadcasting to the Middle East

24 region.


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1 ‘‘(b) FUNCTION.—Middle East Broadcasting Net2 works shall provide radio and television programming con3 sistent with the broadcasting standards and broadcasting

4 principles set forth in section 303.

5 ‘‘(c) GRANT AGREEMENT.—Any grant agreement or

6 grants under this section shall be subject to the following

7 limitations and restrictions:

8 ‘‘(1) The Board may not make any grant to the

9 non-profit corporation, Middle East Broadcasting

10 Networks, unless its certificate of incorporation pro11 vides that—

12 ‘‘(A) The Board of Directors of Middle

13 East Broadcasting Networks shall consist of the

14 members of the Broadcasting Board of Gov15 ernors established under section 304 and of no

16 other members.

17 ‘‘(B) Such Board of Directors shall make

18 all major policy determinations governing the

19 operation of Middle East Broadcasting Net20 works, and shall appoint and fix the compensa21 tion of such managerial officers and employees

22 of Middle East Broadcasting Networks as it

23 considers necessary to carry out the purposes of

24 the grant provided under this title, except that

25 no officer or employee may be paid basic comVerDate Mar 21 2002 11:44 Nov 30, 2005 Jkt 000000 PO 00000 Frm 00052 Fmt 6633 Sfmt 6601 F:\WORK\AGI\052605M\21401.000 HINTREL1 PsN: SHIRL

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1 pensation at a rate in excess of the rate for

2 level II of the Executive Schedule as provided

3 under section 5313 of title 5, United States

4 Code.

5 ‘‘(2) Any grant agreement under this section

6 shall require that any contract entered into by Mid7 dle East Broadcasting Networks shall specify that

8 all obligations are assumed by Middle East Broad9 casting Networks and not by the United States Gov10 ernment.

11 ‘‘(3) Any grant agreement shall require that

12 any lease agreement entered into by Middle East

13 Broadcasting Networks shall be, to the maximum

14 extent possible, assignable to the United States Gov15 ernment.

16 ‘‘(4) Grants awarded under this section shall be

17 made pursuant to a grant agreement which requires

18 that grant funds be used only for activities con19 sistent with this section, and that failure to comply

20 with such requirements shall permit the grant to be

21 terminated without fiscal obligation to the United

22 States.

23 ‘‘(5) Duplication of language services and tech24 nical operations between the Middle East Broad25 casting Networks (including Radio Sawa), RFE/RL,


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1 and the International Broadcasting Bureau will be

2 reduced to the extent appropriate, as determined by

3 the Board.

4 ‘‘(d) NOT A FEDERAL AGENCY OR INSTRUMEN5 TALITY.—Nothing in this title may be construed to

6 make—

7 ‘‘(1) the Middle East Broadcasting Networks a

8 Federal agency or instrumentality; or

9 ‘‘(2) the officers or employees of the Middle

10 East Broadcasting Networks officers or employees of

11 the United States Government.’’.

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

13 Such Act is further amended—

14 (1) in section 304(g) (22 U.S.C. 6203(g)), by

15 inserting ‘‘, the Middle East Broadcasting Net16 works,’’ after ‘‘Incorporated’’;

17 (2) in section 305 (22 U.S.C. 6204)—

18 (A) in subsection (a)—

19 (i) in paragraph (5), by striking ‘‘308

20 and 309’’ and inserting ‘‘308, 309, and

21 309A’’; and

22 (ii) in paragraph (6), by striking ‘‘308

23 and 309’’ and inserting ‘‘308, 309, and

24 309A’’; and


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1 (B) in subsection (c), by striking ‘‘308 and

2 309’’ and inserting ‘‘308, 309, and 309A’’; and

3 (3) in section 307 (22 U.S.C. 6206)—

4 (A) in subsection (a), by striking ‘‘308 and

5 309’’ and inserting ‘‘308, 309, and 309A’’; and

6 (B) in subsection (c), in the second sen7 tence, by inserting ‘‘, the Middle East Broad8 casting Networks,’’ after ‘‘Asia’’.

9 (c) TECHNICAL AND CONFORMING AMENDMENT TO

10 TITLE 5.—Section 8332(b)(11) of title 5, United States

11 Code, is amended by inserting ‘‘the Middle East Broad12 casting Networks;’’ after ‘‘Radio Free Asia;’’.

13 SEC. 503. IMPROVING SIGNAL DELIVERY TO CUBA.

14 Section 3 of the Radio Broadcasting to Cuba Act (22

15 U.S.C. 1465a; Public Law 98–111) is amended—

16 (1) by striking subsection (b);

17 (2) by striking subsection (c) and inserting the

18 following new subsection:

19 ‘‘(c) To effect radio broadcasting to Cuba, the Board

20 is authorized to utilize the United States International

21 Broadcasting facilities located in Marathon, Florida, and

22 the 1180 AM frequency used at those facilities. In addi23 tion to the above facilities, the Board may simultaneously

24 utilize other governmental and nongovernmental broad25 casting transmission facilities and other frequencies, inVerDate Mar 21 2002 11:44 Nov 30, 2005 Jkt 000000 PO 00000 Frm 00055 Fmt 6633 Sfmt 6601 F:\WORK\AGI\052605M\21401.000 HINTREL1 PsN: SHIRL

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1 cluding the Amplitude Modulation (AM) band, the Fre2 quency Modulation (FM) band, and the Shortwave (SW)

3 band. The Board may lease time on commercial or non4 commercial educational AM band, FM band, and SW band

5 radio broadcasting stations to carry a portion of the serv6 ice programs or to rebroadcast service programs.’’;

7 (3) by striking subsection (d);

8 (4) by striking subsection (e) and inserting the

9 following new subsection:

10 ‘‘(e) Any service program of United States Govern11 ment radio broadcasts to Cuba authorized by this section

12 shall be designated ‘Radio Marti program’.’’; and

13 (5) by striking subsection (f).

14 SEC. 504. ESTABLISHING PERMANENT AUTHORITY FOR

15 RADIO FREE ASIA.

16 Section 309 of the United States International

17 Broadcasting Act of 1994 (22 U.S.C. 6208) is amended—

18 (1) in subsection (c)(2), by striking ‘‘, and shall

19 further specify that funds to carry out the activities

20 of Radio Free Asia may not be available after Sep21 tember 30, 2009’’; and

22 (2) by striking subsection (f).


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1 SEC. 505. PERSONAL SERVICES CONTRACTING PROGRAM.

2 Section 504 of the Foreign Relations Authorization

3 Act, Fiscal Year 2003 (Public Law 107–228) is

4 amended—

5 (1) in the section heading, by striking

6 ‘‘PILOT’’;

7 (2) in subsection (a)—

8 (A) by striking ‘‘pilot’’;

9 (B) by striking ‘‘(in this section referred to

10 as the ‘program’)’’; and

11 (C) by striking ‘‘producers, and writers’’

12 and inserting ‘‘and other broadcasting special13 ists’’;

14 (3) in subsection (b)(4), by striking ‘‘60’’ and

15 inserting ‘‘100’’; and

16 (4) by striking subsection (c).

17 SEC. 506. COMMONWEALTH OF THE NORTHERN MARIANA

18 ISLANDS EDUCATION BENEFITS.

19 Section 305(a) of the United States International

20 Broadcasting Act of 1994 (22 U.S.C. 6204(a)) is amended

21 by inserting after paragraph (18) the following new para22 graph:

23 ‘‘(19)(A) To provide for the payment of pri24 mary and secondary school expenses for dependents

25 of personnel stationed in the Commonwealth of the

26 Northern Mariana Islands (CNMI) at a cost not to


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1 exceed expenses authorized by the Department of

2 Defense for such schooling for dependents of mem3 bers of the Armed Forces stationed in the Common4 wealth, if the Board determines that schools avail5 able in the Commonwealth are unable to provide

6 adequately for the education of the dependents of

7 such personnel.

8 ‘‘(B) To provide transportation for dependents

9 of such personnel between their places of residence

10 and those schools for which expenses are provided

11 under subparagraph (A), if the Board determines

12 that such schools are not accessible by public means

13 of transportation.’’.

14 TITLE VI—MISCELLANEOUS

15 PROVISIONS AND REPORTING

16 REQUIREMENTS

17 SEC. 601. STATEMENT OF POLICY RELATING TO DEMOC18 RACY IN IRAN.

19 (a) FINDINGS.—Congress finds the following:

20 (1) Iran is neither free nor democratic. Men

21 and women are not treated equally in Iran, women

22 are legally deprived of internationally recognized

23 human rights, and religious freedom is not respected

24 under the laws of Iran. Undemocratic institutions,


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1 such as the Guardians Council, thwart the decisions

2 of elected leaders.

3 (2) The April 2005 report of the Department of

4 State states that Iran remained the most active

5 state sponsor of terrorism in 2004.

6 (3) That report also states that Iran continues

7 to provide funding, safe-haven, training, and weap8 ons to known terrorist groups, including Hizballah,

9 Hamas, the Palestine Islamic Jihad, al-Aqsa Mar10 tyrs Brigade, and the Popular Front for the Libera11 tion of Palestine, and has harbored senior members

12 of al-Qaeda.

13 (b) POLICY.—It is the policy of the United States

14 that—

15 (1) currently, there is not a free and fully

16 democratic government in Iran;

17 (2) the United States supports transparent, full

18 democracy in Iran;

19 (3) the United States supports the rights of the

20 Iranian people to choose their system of government;

21 and

22 (4) the United States condemns the brutal

23 treatment, imprisonment, and torture of Iranian ci24 vilians who express political dissent.


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1 SEC. 602. DUAL GATEWAY POLICY OF THE GOVERNMENT

2 OF IRELAND.

3 (a) IN GENERAL.—The Secretary of State shall re4 view the dual gateway policy and determine the effects the

5 discontinuation of such policy might have on the economy

6 of the United States and the economy of western Ireland

7 before the United States takes any action that could lead

8 to the discontinuation of such policy.

9 (b) ECONOMIC IMPACT STUDY.—In determining the

10 effects that the discontinuation of such policy might have

11 on the economy of the United States, the Secretary, in

12 consultation with the heads of other appropriate depart13 ments and agencies, shall consider the effects the dis14 continuation of such policy might have on United States

15 businesses operating in western Ireland, Irish businesses

16 operating in and around Shannon Airport, and United

17 States air carriers serving Ireland.

18 (c) REPORT.—Not later than 180 days after the date

19 of the enactment of this Act, the Secretary shall submit

20 to Congress a report describing the determinations made

21 under subsection (a), together with any recommendations

22 for United States action.

23 (d) DEFINITION.—In this section, the term ‘‘dual

24 gateway policy’’ means the policy of the Government of

25 Ireland requiring certain air carriers serving Dublin AirVerDate Mar 21 2002 11:44 Nov 30, 2005 Jkt 000000 PO 00000 Frm 00060 Fmt 6633 Sfmt 6601 F:\WORK\AGI\052605M\21401.000 HINTREL1 PsN: SHIRL

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1 port to undertake an equal numbers of flights to Shannon

2 Airport and Dublin Airport during each calendar year.

3 SEC. 603. TRANS-SAHARA COUNTER-TERRORISM INITIA4 TIVE.

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that efforts by the Government of the United States

7 to expand the Pan Sahel Initiative into a robust counter8 terrorism program in the Saharan region of Africa, to be

9 known as the ‘‘Trans-Sahara Counter Terrorism Initia10 tive’’, should be strongly supported.

11 (b) REPORT.—

12 (1) IN GENERAL.—Not later than 120 days

13 after the date of the enactment of this Act, the Sec14 retary of State shall submit to the appropriate con15 gressional committees a detailed strategy, in classi16 fied form, regarding the plan of the Government of

17 the United States to expand the Pan Sahel Initiative

18 into a robust counter-terrorism program in the Sa19 haran region of Africa, to be known as the ‘‘Trans20 Sahara Counter Terrorism Initiative’’.

21 (2) CONTENTS.— The report shall include the

22 following:

23 (A) The names of the countries that will

24 participate in the Initiative.


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1 (B) A description of the types of security

2 assistance necessary to create rapid reaction se3 curity forces in order to bolster the capacity of

4 the countries referred to in subparagraph (A) to

5 govern their borders.

6 (C) A description of training to ensure re7 spect for human rights and civilian authority by

8 rapid reaction security forces referred to in sub9 paragraph (B) and other appropriate individ10 uals and entities of the countries referred to in

11 subparagraph (A).

12 (D) A description of the types of public di13 plomacy and related assistance that will be pro14 vided to promote development and counter rad15 ical Islamist elements that may be gaining a

16 foothold in the region.

17 (3) UPDATE.—The Secretary shall submit to

18 the appropriate congressional committees an update

19 of the report required by this subsection not later

20 than one year after the date of the initial submission

21 of the report under this subsection.

22 (c) COOPERATION OF OTHER DEPARTMENTS AND

23 AGENCIES.—The head of each appropriate department

24 and agency of the Government of the United States shall

25 cooperate fully with, and assist in the implementation of,


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1 the strategy described in subsection (b)(1) and shall make

2 such resources and information available as is necessary

3 to ensure the success of the Initiative described in such

4 subsection.

5 SEC. 604. REPORT ON HAITI.

6 Not later than one year after the date of the enact7 ment of this Act and one year thereafter, the Secretary

8 of State shall submit to the appropriate congressional

9 committees a report on United States efforts to—

10 (1) assist in the disarmament of illegally armed

11 forces in Haiti, including through a program of gun

12 exchanges;

13 (2) assist in the reform of the Haitian National

14 Police; and

15 (3) support stabilization in Haiti.

16 SEC. 605. REPORTS ON ACQUISITION AND MAJOR SECU17 RITY UPGRADES.

18 Section 605(c) of the Secure Embassy Construction

19 and Counterterrorism Act of 1999 (title VI of the Admiral

20 James W. Nance and Meg Donovan Foreign Relations Au21 thorization Act, Fiscal Years 2000 and 2001; Public Law

22 106–113–Appendix G) is amended—

23 (1) in the heading, by striking ‘‘SEMIANNUAL

24 REPORTS’’ and inserting ‘‘REPORTS’’;


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1 (2) in the matter preceding paragraph (1), by

2 striking ‘‘June 1 and’’; and

3 (3) in paragraph (1)(A), by striking ‘‘two fiscal

4 quarters’’ and inserting ‘‘year’’.

5 SEC. 606. REPORT ON REAL ESTATE TRANSACTIONS.

6 Section 12 of the Foreign Service Buildings Act,

7 1926 (22 U.S.C. 303) is hereby repealed.

8 SEC. 607. VERIFICATION REPORTS TO CONGRESS.

9 Section 403(a) of the Arms Control and Disar10 mament Act (22 U.S.C. 2593a(a)) is amended in the mat11 ter preceding paragraph (1)—

12 (1) by striking ‘‘prepared by the Secretary of

13 State with the concurrence of the Director of Cen14 tral Intelligence and in consultation with the Sec15 retary of Defense, the Secretary of Energy, and the

16 Chairman of the Joint Chiefs of Staff,’’; and

17 (2) by inserting ‘‘, as the President considers

18 appropriate’’ after ‘‘include’’.

19 SEC. 608. REPORTS ON PROTECTION OF REFUGEES FROM

20 NORTH KOREA.

21 Section 305(a) of the North Korean Human Rights

22 Act of 2004 (Public Law 108–333; 22 U.S.C. 7845) is

23 amended—

24 (1) in paragraph (1), by striking ‘‘and’’ at the

25 end;


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1 (2) in paragraph (2), by striking the period at

2 the end and inserting ‘‘; and’’; and

3 (3) by adding at the end the following new

4 paragraph:

5 ‘‘(3) a detailed description of the measures un6 dertaken by the Secretary of State to carry out sec7 tion 303, including country-specific information with

8 respect to United States efforts to secure the co9 operation and permission of the governments of

10 countries in East and Southeast Asia to facilitate

11 United States processing of North Koreans seeking

12 protection as refugees. The information required by

13 this paragraph may be provided in a classified for14 mat, if necessary.’’.

15 SEC. 609. REPORTS ON ACTIONS TAKEN BY THE UNITED

16 STATES TO ENCOURAGE RESPECT FOR

17 HUMAN RIGHTS.

18 Section 665(c) of the Foreign Relations Authoriza19 tion Act, Fiscal Year 2003 (Public Law 107–228) is

20 amended by striking ‘‘30 days’’ and inserting ‘‘90 days’’.

21 SEC. 610. REPORT ON SERVICES FOR CHILDREN WITH AU22 TISM AT OVERSEAS MISSIONS.

23 (a) STUDY.—With respect to countries in which there

24 is at least one mission of the United States, the Secretary

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1 grams that address the special needs of children with au2 tism, including the availability of speech therapists and

3 pediatric occupational therapists at Department of De4 fense sponsored schools. Such study shall include the esti5 mated incidence of autism among dependents of members

6 of the Foreign Service and dependents of specialist For7 eign Service personnel. Such study shall also include an

8 analysis of the possibility of establishing ‘‘Educational

9 Centers of Excellence’’ for such children.

10 (b) REPORT.—Not later than 30 days after the com11 pletion of the study required under subsection (a), the Sec12 retary shall submit to the appropriate congressional com13 mittees a report containing the findings of the study to14 gether with any recommendations for related action.

15 SEC. 611. REPORT ON INTERNET JAMMING.

16 Not later than March 1 of the year following the date

17 of the enactment of this Act and one year thereafter, the

18 Chairman of the Broadcasting Board of Governors shall

19 submit to the appropriate congressional committees a re20 port on the status of state-sponsored and state-directed

21 Internet jamming by repressive foreign governments and

22 a description of efforts by the United States to counter

23 such jamming. Each report shall list the countries the gov24 ernments of which pursue Internet censorship or jamming,

25 provide information concerning the government agencies


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53

•HR 2601 IH

1 or quasi-governmental organizations of such governments

2 that engage in Internet jamming; and describe with the

3 greatest particularity practicable the technological means

4 by which such jamming is accomplished. If the Chairman

5 determines that such is appropriate, the Chairman may

6 submit such report together with a classified annex.

7 SEC. 612. REPORT ON DEPARTMENT OF STATE EMPLOY8 MENT COMPOSITION.

9 (a) STATEMENT OF POLICY.—In order for the De10 partment of State to accurately represent all people in the

11 United States, the Department must accurately reflect the

12 diversity of the United States.

13 (b) REPORT.—Not later than one year after the date

14 of the enactment of this Act, the Secretary of State shall

15 submit to the appropriate congressional committees a re16 port containing information on—

17 (1) the number of racial and ethnic minorities

18 and the number of women employed at the Depart19 ment of State, including the percentages of each

20 such racial or ethnic minority and the percentage of

21 women in comparison with all employees of the De22 partment, as of the first day of the first fiscal year

23 after such date; and

24 (2) the number of racial and ethnic minorities

25 and the number of women recruited for employment


21401b.ACB
64

54

•HR 2601 IH

1 at the Department, including the percentages of

2 each such racial or ethnic minority and the percent3 age of women in comparison with all individuals re4 cruited for such employment, during the immediately

5 preceding fiscal year.

6 SEC. 613. SENSE OF CONGRESS REGARDING KOREAN FUL7 BRIGHT PROGRAMS.

8 It is the sense of Congress that Fulbright program

9 activities for the Republic of Korea (commonly referred

10 to as ‘‘South Korea’’) should—

11 (1) include participation by students from

12 throughout South Korea, including proportional rep13 resentation from areas outside of Seoul;

14 (2) attempt to include Korean students from a

15 broad range of educational institutions, including

16 schools other than elite universities;

17 (3) broaden the Korean student emphasis be18 yond degree-seeking graduate students to include op19 portunities for one-year nondegree study at United

20 States colleges and universities by pre-doctoral Ko21 rean students; and

22 (4) include a significant number of Korean stu23 dents planning to work or practice in areas other

24 than advanced research and university teaching,


21401b.ACC
65

55

•HR 2601 IH

1 such as in government service, media, law, and busi2 ness.

3 SEC. 614. LOCATION OF INTERNATIONAL INSTITUTIONS IN

4 AFRICA.

5 (a) STATEMENT OF CONGRESS.—Congress declares

6 that, for the purpose of maintaining regional balances with

7 respect to the location of international organizations and

8 institutions in Africa, such organizations or institutions,

9 such as the African Development Bank, that move their

10 headquarters offices from their original locations for rea11 sons of security should return once those security issues

12 have been resolved or should relocate to another country

13 in the region in which the organization or institution was

14 originally headquartered.

15 (b) CONSULTATIONS REGARDING RETURN.—The

16 Secretary of State is authorized to begin consultations

17 with appropriate parties to determine the feasibility of re18 turning such organizations and institutions to the regions

19 in which they were originally headquartered.

20 SEC. 615. PROHIBITION ON COMMEMORATIONS RELATING

21 TO LEADERS OF IMPERIAL JAPAN.

22 The Department of State, both in Washington and

23 at United States diplomatic missions and facilities in for24 eign countries, shall not engage in any activity, including

25 the celebration of the recently enacted Showa holiday,


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56

•HR 2601 IH

1 which may, in any manner, serve to commemorate or be

2 construed as serving to commemorate leaders of Imperial

3 Japan who were connected to the attack on the United

4 States Fleet at Pearl Harbor, Oahu, Hawaii, on December

5 7, 1941.

Æ


21401b.ACE
67

Mr. SMITH. I yield myself such time as I may consume for an 

opening statement. 

Today we are meeting to authorize funding for the administration of foreign affairs, international organizations, international 

commissions and related appropriations and to authorize appropriations for refugee affairs for fiscal years 2006 and 2007. This 

legislation, commonly known as the State Department authorization bill, funds the all-important framework by which the United 

States carries out its foreign aid and foreign policy programs, as 

well as authorizes United States contributions to the United Nations, NATO, the OSCE and other vital international organizations. 

This Subcommittee has conducted numerous hearings in preparation for consideration of this legislation, including hearings on 

management initiatives of the State Department, an examination 

of Embassy and border security issues, reform of United Nations 

peacekeeping and reform of the Commission on Human Rights and 

United Nations and other human rights bodies. H.R. 2601 authorizes $9.33 billion for the State Department and $652 million for international broadcasting activities for a total of 

$9.985 billion, an increase of 12.4 percent over fiscal year 2005. 

I have been very pleased to collaborate closely with my good 

friend and colleague, Mr. Payne, and other Members of this Subcommittee on both sides of the aisle on this very important legislation. Very briefly, since the scope of the bill is so large, let me mention a few important areas that the bill addresses. 

First, I have always maintained that ‘‘personnel is policy.’’ How 

we treat the men and women of the Foreign Service who work at 

our Embassies overseas, many under dangerous and difficult conditions, makes the real difference in how the United States is perceived abroad and how well that job is done. H.R. 2601 properly addresses many of their concerns by increasing the ceiling on the differential pay for hardship and danger. It begins to close the 16 percent gap between the base pay of officers stationed in Washington 

and those stationed overseas created by years of DC-locality pay increases. 

The bill also authorizes increased funds for the Rangel Fellowship Program, a program to train and attract more minorities to 

the ranks of our diplomatic corps and continues the annual report 

on minority recruiting efforts at the State Department. 

Finally, the 6.5 percent increase in the Diplomatic and Consular 

Program account will fund over 150 new staffing positions for increased needs in Iraq, Afghanistan, Libya and Sudan, as well as 

enable increased language training and staffing for the Office of 

Stabilization and Reconstruction. 

Second, H.R. 2601 supports the belief of many Americans that 

the cornerstone of our foreign policy should be the promotion of 

American values; that is, the protection and advancement of fundamental human rights of people around the world. This bill authorizes many important human rights initiatives, increased funding 

for the Office of Democracy and Human Rights and Labor, 

strengthening of United States support for democracy and stabilization in Haiti, creation of programs to fight against anti-Semitism and protect religious freedom in OSCE countries, permanent 

authorization for Radio Free Asia, and scholarships for outstanding 

68

individuals from the southern Sudan region to study in the United 

States. 

Some of the most vulnerable people in the world are refugees, 

and this bill contains strong funding for refugee programs to protect those fleeing danger and hunger from Sudan to North Korea 

and to support their resettlement in the United States and other 

countries. H.R. 2601 also more than doubles U.S. contributions for 

international peacekeeping. 

In the vital area of public diplomacy, H.R. 2601 includes a 10.2 

percent increase for international broadcasting, $429 million for 

education and cultural exchanges and $334 million for public diplomacy programs. 

Finally, this bill also strengthens America’s hand against terrorism both at our Embassies overseas and at home. In August 

1998, the world was shaken by the terrorist bombings of the 

United States Embassies in Kenya and Tanzania. Among the results of those despicable acts was the appointment of the accountability review boards for each incident chaired by Admiral William 

Crowe. Admiral Crowe testified before this Subcommittee in 1999 

and confirmed the finding of the Crowe Report—that over 85 percent of all U.S. diplomatic overseas facilities did not meet security 

standards established as a result of the 1985 Bobby Inman report 

findings. 

As a result of that hearing and consultation with the State Department and interested parties, inadequate levels of funding were 

identified for capital improvements and worldwide security, and 

Congress responded with a major new funding package. I would 

point out that I was the prime sponsor of H.R. 3427, the Admiral 

James W. Nance and Meg Donovan Foreign Relations Authorization Act for Fiscal Year 2000 and 2001, the Embassy Security Act, 

which among other things authorized $900 million per year for 5 

years for Embassy security, construction and maintenance. 

Since that time, 15 major capital projects have been completed, 

including new Embassy and consulate compounds as well as 

USAID annex buildings, and another 39 projects are under construction or design. 

Security initiatives contained in the pending bill include $1.5 billion for security-related construction of U.S. Embassies, $690 million to increase security for diplomatic personnel and $930 million 

for border security programs. These requests include funding for 55 

additional diplomatic security personnel positions and 55 new consular positions. Under the Capital Security Construction Program, 

eight new Embassy compounds and four USAID annexes would be 

funded. 

In conclusion, I urge the Committee’s support for H.R. 2601. This 

bill gives our diplomatic service the resources and tools it needs in 

this post-9/11 environment to promote U.S. interests and values 

abroad and to protect American citizens here at home. 

I yield to Mr. Payne for any comments he might have. 

[The prepared statement of Mr. Smith follows:]

69

PREPARED STATEMENT OF THE HONORABLE CHRISTOPHER H. SMITH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY AND CHAIRMAN, SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL OPERATIONS

H.R. 2601

Today we are meeting to authorize funding for the administration of foreign affairs, international organizations, international commissions, and related appropriations, and to authorize appropriations for refugee affairs for fiscal years 2006 and 

2007. 

This legislation, commonly known as the State Department authorization bill, 

funds the all-important framework by which the United States carries out its foreign aid and foreign policy programs, as well as authorizes U.S. contributions to the 

United Nations, NATO, the OSCE, and other vital international organizations. 

This Subcommittee has conducted numerous hearings in preparation for consideration of this legislation, including hearings on management initiatives of the State 

Department, an examination of Embassy and border security issues, reform of 

United Nations peacekeeping, and reform of the Commission on Human Rights and 

United Nations other human rights bodies. 

HR 2061 authorizes $9.33 billion for the State Department and $652 million for 

international broadcasting activities, for a total of $9.985 billion, an increase of 

12.4% over FY 05. 

I have been pleased to collaborate closely with my good friend and colleague, Mr. 

Payne, and other Members of this subcommittee from both sides of the aisle on HR 

2601. Very briefly, since the scope of this bill is so large, let me mention a few important areas that this bill addresses. 

First, I have always maintained that ‘‘personnel is policy.’’ How we treat the men 

and women of the Foreign Service who work at our Embassies overseas, many 

under dangerous and difficult conditions, makes a real difference in how the United 

States is perceived abroad. HR 2601 properly addresses many of their concerns by 

increasing the ceiling on differential pay for hardship and danger. It begins to close 

the 16 percent gap between the base pay of officers stationed in Washington and 

those stationed overseas created by years of DC locality pay increases. The bill also 

authorizes increased funds for the Rangel fellows program, a program to train and 

attract more minorities to the ranks of our diplomatic corps, and continues the annual report on minority recruiting efforts at State. Finally, the 6.5% increase in the 

Diplomatic and Consular Programs account will fund over 150 new staffing positions for increased needs in Iraq, Afghanistan, Libya, and Sudan, as well as enable 

increased language training and staffing for the Office of Stabilization and Reconstruction. 

Second, HR 2601 supports the belief of many Americans that the cornerstone of 

our foreign policy should be the promotion of American values, that is, the protection and advancement of fundamental human rights of people around the world. 

This bill authorizes many important human rights initiatives—increased funding for 

the Office of Democracy, Human Rights and Labor; strengthening of U.S. support 

for democracy and stabilization in Haiti; creation of programs to fight against antisemitism and protect religious freedom in OSCE countries; permanent authorization 

for Radio Free Asia; and scholarships for outstanding individuals from the southern 

Sudan region to study in the United States. One of the most vulnerable people 

groups in the world are refugees, and this bill contains strong funding for refugee 

programs to protect those fleeing danger and hunger from Sudan to North Korea 

and to support their resettlement in the United States and third countries. HR 2601 

also more than doubles U.S. contributions for international peacekeeping. 

In the vital area of public diplomacy, HR 2601 includes a 10.2% increase for international broadcasting, $429 million for Education and Cultural Exchanges, a 17% 

increase, and $334 million for public diplomacy programs (a 5% increase). 

Finally, this bill also strengthens America’s hand against terrorism both at our 

Embassies overseas and at home. In August 1998 the world was shaken by the terrorist bombings of the U.S. Embassies in Kenya and Tanzania. Among the results 

of those despicable acts was the appointment of Accountability Review Boards for 

each incident, chaired by Admiral William Crowe. Admiral Crowe testified before 

this subcommittee in 1999, and confirmed the finding of the Crowe report that over 

85 percent of all U.S. diplomatic overseas facilities did not meet the security standards established as a result of the 1985 Inman report findings. 

As a result of that hearing and the inadequate levels of funding identified for capital improvements and worldwide security, Congress responded with a major new 

funding package. I was the prime sponsor of HR 3427, the Admiral James W. Nance 

and Meg Donovan Foreign Relations Authorization Act for Fiscal Years 2000 and 

70

2001 (The Embassy Security Act), which among other things, authorized $900 million per year for five years for Embassy Security, Construction and Maintenance. 

Since that time, 15 major capital projects have been completed, including new embassy and consulate compounds, as well as USAID annex buildings, and another 39 

projects are under construction or design. Security initiatives in HR 2601 include $1.5 billion for security-related construc- tion of U.S. Embassies, $690 million to increase security for diplomatic personnel, 

and $930 million for border security programs, increases of 1.5%, 5.4% and 7.6% respectively. These requests include funding for 55 additional diplomatic security personnel positions and 55 new consular positions. Under the Capital Security Construction program, eight new embassy compounds and four USAID annexes would 

be funded. 

In conclusion, I urge the committee’s support for HR 2601. This bill gives our diplomatic service the resources it needs in this post 9–11 environment to promote U.S. 

interests and values abroad and to protect American citizens at home.

Mr. PAYNE. Thank you very much, Mr. Chairman, for calling up 

the State Department authorization bill for 2006 and 2007, H.R. 

2601, and also for the previous legislation 199, which we passed. 

The State Department authorization bill we are considering authorizes funds for things ranging from the Department’s operations, funding for international organizations, as you have indicated, Embassy security and personnel issues, to education and cultural exchange programs and scholarship programs. 

I will be very brief in my statement, because we have quite a few 

amendments to consider. But I would like to thank the Chairman 

for his inclusion into the base text of several provisions from the 

Democratic side, including language seeking the return of institutions such as the African Development Bank to their original location or other countries in the region of their original location; the 

funding of $500,000 in scholarships for southern Sudanese who 

have been devastated by years of brutal war by the Government of 

Sudan and Khartoum and utter neglect and underdevelopment by 

the same government, for these students to come to the United 

States to study; a report on progress of certain efforts in Haiti to 

assist in the disarmament of armed groups and in the reform of the 

police and in stabilization efforts in that country. 

Also, a report on the hiring and retention of minorities by the 

State Department, which will be issued by the State Department, 

so that we can move forward on our goals to try to increase diversity in the State Department. And finally, I would like to also 

thank the Chairman for the inclusion of the Charles B. Rangel Fellows International Affairs Program, at $1.5 million, which encourages young African Americans and Latino students to take interest 

in foreign service. This was already a part—was authorized in the 

past and we are just asking for its reauthorization. 

So, Mr. Chairman, these are just a few of the provisions which 

you incorporated into this bill, and I commend you for that action. 

It is an important bill and I thank you for your cooperation and 

the consideration of the requests from this side of the aisle. Thank 

you very much, Mr. Chairman. 

Mr. SMITH. Mr. Payne, thank you very much. Chairman Royce 

had a brief comment. 

Mr. ROYCE. Thank you very much, Mr. Chairman, and I commend you and I commend the Ranking Member for the introduction of this legislation because it aims to give our State Department the tools that are necessary to carry out our Nation’s foreign 

policy. 

71

I wanted to say that key to that effort is going to be a vigorous 

public diplomacy apparatus like what we had in the 1980s in Eastern Europe and in the former Soviet Union. International broadcasting is key and today we must be as sharp as ever at it. The 

9–11 Commission warned us that if we do not define ourselves in 

the Islamic world, the extremists will gladly do it for us. I believe 

we are still struggling to get international broadcasting right, and 

I think it is an area where we have got to put a great deal more 

attention. 

I would also like to thank the Chairman for working with me to 

include language on the Trans-Sahara Counterterrorism Initiative. 

Its predecessor was the Pan Sahel Initiative, which really worked 

to boost antiterror capabilities in Mauritania, in Mali and Niger 

and in Chad, and produced promising results with very modest 

means. 

I had an opportunity in January to visit one of the special brigades that had trained in Chad. This particular brigade had taken 

down 47 terrorists allied with al-Qaeda, and I think the effort to 

expand the PSI into the TSCTI so that countries across the Sahara 

are able to bolster their capability to deny terrorists sanctuaries is 

a much needed development on the African continent. 

The United States Government must respond to Africa’s growing 

strategic importance, and this program when fully implemented 

will be an important step in that direction. I look forward to continuing to work with the Chairman and Ranking Member Payne as 

this bill moves through the House, and I thank you very much for 

the opportunity to say a few words about those two initiatives. 

Mr. SMITH. Thank you, Chairman Royce. Any other Members? 

Mr. Sherman. 

Mr. SHERMAN. Thank you, Mr. Chairman. This is the most important bill that our Subcommittee may—I think our Full Committee will deal with. I will be offering many amendments and I 

thank in advance my colleagues for their indulgence. I thank you, 

Mr. Chairman, for including in the base bill language to say that 

Iran is not a democracy and should be. And I also thank the Chair 

for whatever accommodation he can offer on the various amendments that I will be putting forward. 

The first of these deals with section 620(a) of the Foreign Assistance Act. That provision says that we do not give money to states 

that sponsor terrorism. 

What we need to do, though, is to say that we can give money 

to those who are trying to bring democracy to countries like Iran 

and Syria. While we have provided that kind of specific language 

on a year-by-year basis, we ought to provide that in this bill so that 

it is clear that our effort to keep money out of the hands of the 

mullahs in Tehran does not keep money out of the hands of those 

trying to bring democracy to Iran. 

I will bring an amendment on the sense of Congress dealing with 

the A.Q. Khan network, and I know my friend, Barbara Lee, will 

offer a perfecting amendment on that. I was prepared to author, 

but will prefer to work with Full Committee staff, on a amendment 

that makes it clear when we do not allow technology to go to terrorist countries such as Iran, that that does not prevent us from 

72

funding and contracting with NGOs trying to bring democracy to 

Iran and similar countries. 

We certainly do not want Iran to get their hands on any technology that would help that regime, but if the NGOs are simply 

buying things at Staples, computer programs and software at Staples, certainly they are not breaching our tough security export regime. 

I will hold off and not offer an amendment dealing with Iran getting loans from the World Bank. I will offer an amendment urging 

the Secretary of State to help us rationalize the reports that we insist on from the State Department, both in terms of their content 

and sometimes just in terms of their timing so that those civil servants working on them can do so efficiently. 

I will offer an amendment allowing civil service personnel to 

move back and forth between USAID and the State Department as 

they are increasingly one agency. 

And finally I will offer an amendment dealing with the textbooks 

published by the Palestinian Authority and I will bring to the attention of this Subcommittee the flaws even in the new textbooks 

that are being put forward. 

I thank you for your indulgence. 

Mr. SMITH. Thank you very much, Mr. Sherman. 

Are there any amendments to the bill? I know that Mr. Tancredo 

has one. I propose that we go back and forth between the Majority 

and the Minority for consideration of amendments. 

Mr. Tancredo. 

Mr. TANCREDO. Thank you, Mr. Chairman. I have an amendment 

at the desk. 

Mr. SMITH. The clerk will report the amendment. 

The CLERK. We have two for you. 

Mr. TANCREDO. We will do the Taiwan first. That is fine with me. 

Mr. SMITH. No objection. 

The CLERK. Amendment offered by Mr. Tancredo. At the appropriate place in the bill, insert the following new section——

Mr. SMITH. Without objection, the amendment is considered as 

read and the gentleman from Colorado is recognized for 5 minutes 

in support of his amendment. 

[The amendment referred to follows:]

73

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. TANCREDO OF COLORADO

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. lll. SENSE OF CONGRESS RELATING TO UNITED

2 STATES RELATIONS WITH TAIWAN.

3 It is the sense of Congress that—

4 (1) it is in the national interests of the United

5 States to communicate directly with democratically

6 elected and appointed officials of Taiwan, including

7 the President of Taiwan, the Vice-President of Tai8 wan, the Foreign Minister of Taiwan, and the De9 fense Minister of Taiwan;

10 (2) the Department of State should, in accord11 ance with Public Law 103–416, admit such high

12 level officials of Taiwan to the United States to dis13 cuss issues of mutual concern with United States of14 ficials; and

15 (3) the Department of State should, in coopera16 tion with the Ministry of Foreign Affairs of Taiwan,

17 facilitate high level meetings between such high level


21401c.AAB
74

2

H.L.C.

1 officials of Taiwan and their counterparts in the

2 United States.


21401c.AAC
75

Mr. TANCREDO. The purpose of the amendment is to help open 

lines of communication between the government leaders of Taiwan 

and their counterparts here in the United States. The amendment 

makes it clear to the U.S. Department of State that they should not 

take actions to prevent high-level exchanges between the Government of Taiwan and the Government of the United States. The 

amendment also encourages the Department of State to cooperate 

with the Ministry of Foreign Affairs in Taiwan to help facilitate future meetings between high-ranking government officials in our 

two countries. 

I have to make some things clear. My amendment does not do 

a couple of things. First, it does not change existing law. Second, 

it does not change our current China policy, even though I do not 

agree with that policy. This amendment is simply an attempt to 

help improve our communications with one of our oldest friends 

and allies. 

Public Law 103–416 says that the President of Taiwan or any 

other high-level Ambassador should be admitted for discussions 

with U.S. Government officials about important policy issues unless he or she is excludable under the immigration laws of the 

United States. 

Despite this, the State Department, influenced by Beijing’s continuous indignant bluster, makes it nearly impossible for President 

Chen or Vice President Annette Lu or other high-ranking Taiwanese officials to travel to Washington, DC even for routine meetings with Administration officials. Instead these officials are often 

confined to cities far from the Nation’s capital and only then as a 

point of transit en route to another country. 

The U.S. Government has determined that a democratic and de 

facto independent Taiwan is in the best interest of American security. In fact, our Government finds it so important, that under the 

Taiwan Relations Act, we facilitate the sale of defensive arms to 

Taiwan to help them maintain the capacity to resist a hostile invasion from the PRC. One of those sales is currently in the works but 

is moving slowly because of political gridlock in Taiwan. 

Wouldn’t it be nice if the leaders of our two countries could talk 

about this? If it is in our best interest to help Taiwan defend itself, 

then it most certainly is in our best interest to communicate directly with Taiwan’s democratically-elected leaders and high-ranking cabinet officials, regardless of whether or not that communication might ruffle a few feathers in Foggy Bottom or in Beijing. 

We host all kinds of leaders in Washington because a two-way 

dialogue is important for maintaining and improving our cultural, 

economic, and security interests around the world. Just this week, 

Palestinian leader Mahmoud Abbas was here in Washington. His 

meetings with United States officials are important ones because 

the Middle East is a dangerous place and keeping an open line of 

communication is important for all parties for our security interests. The Taiwan Strait is in many ways an equally dangerous 

place and it is equally important to our security to maintain a similar line of open communication with both Taiwan and China. 

I move the amendment. 

Mr. SMITH. Would anybody else like to be heard on the amendment of Mr. Tancredo? 

76

Ms. MCCOLLUM. Mr. Tancredo, I do not have a copy of your 

statement in front of me so I want to make sure I do not misinterpret what you said. Am I interpreting correctly that you said it is 

in the best interest of the United States to have a free and independent Taiwan? Something to—if you could read that section 

again, that would help me. 

Mr. TANCREDO. There is a free and independent Taiwan. That is 

not in dispute, even in American policy. It is just in our interest 

to communicate with them. That is really all I was saying. 

Ms. MCCOLLUM. Mr. Tancredo, then is your intention not to 

change the ‘‘One-China’’ policy with this amendment moving forward? 

Mr. TANCREDO. I am sorry, I was distracted. 

Ms. MCCOLLUM. It is not your intention to change the ‘‘OneChina’’ policy with this amendment? 

Mr. TANCREDO. No, it is not my intention to change our policy 

with regard to Taiwan and China with this amendment. It is my 

intent to simply allow for communications to exist—easily exist between our Government and the Government of Taiwan. 

Ms. MCCOLLUM. Thank you, Mr. Chairman. 

Mr. SMITH. Additional comments? If not, the question occurs on 

the amendment by Mr. Tancredo. 

All those in favor, signify by saying aye. 

Opposed, no. 

The ayes have it and the amendment is agreed to. I understand 

Mr. Tancredo has a second amendment. 

Mr. TANCREDO. I do, Mr. Chairman, and I have an amendment 

at the desk. 

Mr. SMITH. The clerk will report the amendment. 

The CLERK. Amendment offered by Mr. Tancredo of Colorado——

Mr. SMITH. Without objection, the amendment will be considered 

as read and Mr. Tancredo is recognized for 5 minutes in support 

of his amendment. 

[The amendment referred to follows:]

77

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. TANCREDO OF COLORADO

At the appropriate place in the bill, insert the following (and conform the table of contents accordingly):

1 SEC. ll. CERTIFICATION OF MEXICAN COOPERATION RE2 GARDING EXTRADITION.

3 The Secretary of State shall direct consular officers

4 (as defined in paragraph (9) of section 101(a) of the Im5 migration and Nationality Act (8 U.S.C. 1101(a)) to dis6 continue the issuance of border crossing identification

7 cards (as defined in paragraph (6) of such section) to citi8 zens or nationals of Mexico until the Secretary certifies

9 to Congress that the Government of Mexico is cooperating

10 with the United States concerning the extradition of citi11 zens and nationals of Mexico who have fled from the

12 United States to Mexico to avoid prosecution for violent

13 crimes committed in the United States.


21401d.AAB
78

Mr. PAYNE. Mr. Chairman, I reserve a point of order. 

Mr. SMITH. The gentleman from New Jersey reserves a point of 

order. 

Mr. TANCREDO. Thank you, Mr. Chairman. Mr. Chairman, we 

have a situation developing with our neighbor to the south that is 

becoming really intolerable. There are at the present time well over 

4,000 people—by best estimates from the DA in Los Angeles County—over 4,000 people who have fled to Mexico to escape prosecution in the United States for the crime of murder. That is to say 

there are warrants out for them. We have instance after instance 

of the most horrendous crimes being committed in the United 

States by people who are here illegally or who are here and then 

flee—even here legally but flee to Mexico for purposes of being able 

to avoid extradition to the United States. 

The Government of Mexico has become extraordinarily difficult 

to deal with on this issue and has made it more and more difficult 

for us to even extract individuals for crimes that they consider the 

punishment to be cruel and unusual. 

It started out that they refused to extradite people back to the 

United States if they faced the death penalty because they called 

that cruel and unusual. Then not too long thereafter they considered that even life imprisonment was cruel and unusual punishment. 

Now we are negotiating that they want us to determine in many 

instances exactly what the penalty would be for persons that they 

would extradite and it is a little subjective as to what they determine is cruel and unusual punishment. 

It is my belief, Mr. Chairman, that this action on the part of 

Mexico is really not designed to enforce any sort of moral code with 

regard to the issue of the death penalty or even life imprisonment 

in the United States, but it is a lever they hope to pull in order 

to also put pressure on us to deal with them in a different way in 

terms of immigration policy. 

And, you know, in my State, just recently Donald Young, a Denver policeman, was killed and another officer wounded earlier this 

month. The alleged assailant, Raul Garcia Gomez, was an illegal 

alien who came into contact with the Denver police on three separate occasions prior to the incident. He was unfortunately allowed 

to remain in the United States. Immediately after the incident, Mr. 

Gomez fled the city. His vehicle was found a short time after the 

manhunt began leading officials to believe that he escaped to Mexico. It was found in California, by the way, and not too far from 

the border. 

And there is the issue of David March. On April 29, 2002, David 

March, a Los Angeles County sheriff, was killed when he pulled 

over a car for a routine traffic stop. The driver was a dangerous 

Mexican drug dealer named Armando Garcia who had been deported twice and had a long history of violent crime. After shooting 

Sheriff March in the head execution style, he was allowed to escape 

to Mexico where officials refused to send him back for trial in the 

United States. He is also wanted for two other attempted murders. 

If convicted of March’s murder in the United States, he would face 

life without possibility of parole, or death if the death penalty is 

not waived. Los Angeles District Attorney Steve Cooley reportedly 

79

has declined to seek extradition in this case because of Mexico’s interpretation of the extradition treaty. 

The case of Annabelle Avera—we could go on and on with these 

cases. But the point is that we need movement, movement on the 

part of Mexico in terms of negotiating with us to get these people 

back to the United States to be punished. As I say, now well over 

4,000 people are hiding behind that position of the Government of 

Mexico. They don’t extradite in order to avoid prosecution here. 

This is intolerable. It is intolerable to the people—the victims, 

the families of the victims—who seek justice, who know where 

these people are, know where they are in Mexico City. The Government of Mexico knows where these people are, and yet they in fact 

refuse to negotiate with us to get them back here and they do so, 

as I say, for reasons that I think are totally unrelated to any sort 

of moral principle about the death penalty. 

So my amendment, if it is made in order, is designed to simply 

encourage the Department of State to negotiate, and if they do not 

negotiate in good faith, if Mexico does not negotiate in good faith, 

we would not allow for these laser visa opportunities for people to 

come into this country on a daily basis. 

It is not the greatest penalty in the world. Believe me there are 

things I would much rather do. There are much more serious penalties I would like to apply. But this is a start. And because I really 

do not have many other opportunities to effect this situation with 

regard to the extradition penalties, that is why I—well, I am trying 

to decide actually what to do in this situation as my colleague, Mr. 

Payne, has raised a potential point of order. 

Mr. Chairman, I suppose I will withdraw this amendment and 

hope that we will be able to work with you and determine a way 

in which it can be brought forward, maybe at the Full Committee, 

without any possibility of a point of order. So I do at this point 

withdraw. 

Mr. SMITH. I appreciate my friend for withdrawing the amendment, because regrettably there is a problem with the fact that the 

Attorney General is the one who has the responsibility to enforce 

this. But let me just say that I do sympathize with the gentleman 

and will work with him as we go forward. Because this may not 

be the right tool by which to send that message that we are concerned, but I think you raise a very valid concern that we all share. 

So thank you for raising this issue again and for withdrawing the 

amendment. 

Mr. TANCREDO. Thank you, Mr. Chairman. 

Mr. SMITH. The Chair recognizes Ms. Lee. 

Ms. LEE. Thank you, Mr. Chairman. I have an amendment at the 

desk. 

Mr. SMITH. The clerk will report the amendment. 

The CLERK. I have three for you. 

Ms. LEE. Should I do two and then the other perfecting amendment when we get to Mr. Sherman? 

Mr. SMITH. We only have one amendment, so——

Ms. LEE. You have three? 

The CLERK. I have three for you. 

Ms. LEE. Okay. Let me—Mr. Chairman, let me—may I ask which 

amendments they have? Because one may be incorporated into the 

80

manager’s amendment. The other is a perfecting amendment to Mr. 

Sherman’s amendment. 

Mr. SMITH. This would be the one on racial diversity? Point 

16——

The CLERK. Contracting? 

Ms. LEE. Right, contracting and famine relief in sub-Saharan Africa. 

The CLERK. Both? 

Ms. LEE. The famine, I am going to withdraw the famine relief 

but I would like to talk about it. 

Mr. SMITH. The clerk will report the amendments en bloc. Why 

don’t you put the one up? 

Ms. LEE. Okay. The one that I am going——

Mr. SMITH. Clerk will report the amendment. 

The CLERK. Amendment offered by Ms. Lee of California. At the 

appropriate place in the bill, insert the following section, blank——

[The amendment referred to follows:]

81


21401n.eps
82


21401o.eps
83


21401p.eps
84

Mr. SMITH. Without objection, the amendment will be considered 

as read. The gentlewoman is recognized for 5 minutes in support 

of her amendment. 

Ms. LEE. Thank you, Mr. Chairman. I want to thank you, Mr. 

Chairman, and the Ranking Member, Mr. Payne, and the staff, including my staff, your staff, and the Minority staff also for incorporating the first amendment on minority recruiting and the recruiting of women in the State Department in terms of the base of 

this legislation. 

In this critical moment in American foreign policy, we must 

make certain that our State Department is putting our best face 

forward in all corners of the world. With the United States engaged 

in military operations in Afghanistan and the war in Iraq, on top 

of the diplomatic efforts to stabilize the Middle East, it is extremely 

important for us to do all within our power to make sure that the 

Department of State has access to the human resources and management capabilities that will repair our image and improve our relations with our allies in the world. 

I am particularly interested in the State Department’s ability to 

draw on the cultural diversity of our Nation as it promotes diplomacy and development in countries and continents where many 

Americans have roots such as Mexico and Africa, China and Japan. 

But State Department recruitment and hiring is only one part of 

the equation. A significant component in creating a State Department that mirrors the diversity of our Nation is ensuring that it 

is contracting with minority- and women-owned businesses. 

According to the Congressional Research Service, there are at 

least six provisions of Federal law that encourage the State Department to contract with minority- and women-owned businesses. 

While these are important provisions, I believe, Mr. Chairman, we 

should have a better sense of whether these provisions are actually 

effective. That is why I am offering this amendment which would 

simply require the State Department to report on the number of 

minority- and women-owned small businesses and also compare 

this number to the overall number of businesses which it contracts 

with. In other words, we want to know the numbers and the percentages. 

In order to build a forward-looking State Department for the 21st 

century, we need to have all the facts at hand, so I urge my colleagues to support this amendment. And thank you, Mr. Chairman, 

once again, for incorporating the initial one in the base bill. 

Mr. SMITH. Anyone else wish to be heard on the amendment? Mr. 

Payne. 

Mr. PAYNE. Thank you, Mr. Chairman. I would just like to commend Ms. Lee and strongly support this amendment which extends 

the report by the Department of State on minority hiring and retention to include information on a number of small minorityowned businesses that provide goods and services to the Department as a result of contracts during the preceding year. It is a good 

amendment, and I think it goes to strengthen our State Department. It goes to strengthen just our country in general, and I urge 

support of the amendment. 

Mr. SMITH. I recognize myself. I too support the amendment. And 

we did include, as you know, your amendment numbers 1 and 2 in 

85

the base text and number 3 strengthens and adds additional reporting. I think information is good and I think we need to know 

what they are doing with regard to contracting as well as other diversity in the State Department. I support it. 

The question occurs on the amendment offered by Ms. Lee. 

All those in favor, signify by saying aye. 

Opposed, no. 

The ayes have it and the amendment is agreed to. 

Mr. Flake is recognized for his amendment. 

Ms. LEE. Mr. Chairman, excuse me, I have the second amendment that I am going to withdraw. May I speak to that now or 

later? Should I do it later? 

So I move to strike the last word. I intend to withdraw this 

amendment on the understanding that Chairman Hyde and his 

staff will work together with me on this amendment as the bill 

moves toward consideration by the Full Committee. But what this 

has to do with, Mr. Chairman, and Members, famines in Africa resulting from both drought and rainfall are affecting an increasing 

number of lives every year. There are people who are hungry, more 

hungry than ever today with fewer and fewer resources to address 

these crises. There are two critical factors that enable us to respond to food emergencies as they evolve. One is our ability to predict emergencies, and the second is our ability to respond in a timely way. 

My amendment addresses both of these issues. In this amend- ment I have proposed a $10 million fund for a special demonstration project in Ethiopia through the World Food Program that will 

use weather derivatives as a basis for insuring vulnerable farmers 

against cyclical drought. 

Weather derivatives were first developed in the 1990s for insurance purposes in response to the deregulation of the power industry. This new methodology provided a secure financial vehicle for 

utility providers to manage their weather risk. Since its emergence, 

the use of weather derivatives for insurance purposes has expanded 

to other industries, including transportation and agriculture. 

What I have proposed is a bold new initiative that will apply this 

methodology to poor and vulnerable farmers in Ethiopia. This initiative will allow international donors to use capital markets to underwrite risk exposure from cyclical drought. It also establishes a 

mechanism to create contingency funding so that we will not have 

to wait until a crisis emerges to address it. 

In this project we will be able to pay farmers immediately after 

determination of need has been met that they can preserve their 

assets through the drought period rather than selling them off to 

feed their families. The second provision of this amendment will 

provide $8 million to support the Famine Early Warning System 

Network throughout vulnerable countries in Africa. While we depend heavily on this network to predict looming food shortages in 

Africa, it is really a stepchild of a sorts in the foreign assistance 

budget. With vulnerabilities to weather related droughts and floods 

increasing in Africa, it is imperative that we can shore up our ability to target the onset of the crisis early and provide information 

to our humanitarian assistance agencies to respond in a more effective manner. 

86

Mr. Chairman, I want to thank the staff, especially Pearl S. 

March, for helping us put this together. I led a codel to Ethiopia 

probably a year before last and this was one of the issues and problems that we noted and discussed with the NGOs in Ethiopia, and 

I believe that if we can work out the details of this amendment, 

this certainly would help the farmers in Ethiopia and the people 

of Ethiopia be better prepared for such droughts and floods which, 

of course, result in famine, and then help us to better respond. 

So I ask that the amendment be withdrawn but I ask that we 

work together as we move. Thank you. 

Mr. SMITH. The Chair recognizes Mr. Flake for his amendment. 

Mr. FLAKE. Thank you, Mr. Chairman. 

Mr. SMITH. The clerk will report the amendment. 

The CLERK. Amendment offered by Mr. Flake of Arizona. At the 

end of title I——

[The amendment referred to follows:]

87

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. FLAKE OF ARIZONA

Add at the end of title I the following:

1 SEC. 107. ACTIVITIES RELATED TO CUBA.

2 (a) USE OF FUNDS FOR ACTIVITIES RELATED TO

3 CUBA.—$10,000,000 of the funds made available for fis4 cal year 2006 for television broadcasting to Cuba under

5 section 106(3) of this Act shall be transferred to the Bu6 reau of Educational and Cultural Affairs of the United

7 States Information Agency. The Bureau shall use such

8 funds for activities related to Cuba under—

9 (1) the J. William Fulbright Educational Ex10 change Program;

11 (2) the Hubert H. Humphrey Fellowship Pro12 gram;

13 (3) the International Visitors Program;

14 (4) the Benjamin A. Gilman International

15 Scholarship Program;

16 (5) the EducationUSA Program; and

17 (6) professional, cultural, and youth programs

18 operated by the Office of Citizen Exchanges of the

19 Bureau.


21401e.AAB
88

2

H.L.C.

1 (b) LIMITATION ON USE OF CERTAIN FUNDS.—None

2 of the funds made available to the National Endowment

3 for Democracy for Cuba programs or to carry out section

4 109 of the Cuban Liberty and Democratic Solidarity

5 (LIBERTAD) Act of 1996 may be used, directly or indi6 rectly, for grants to any organization that is a national

7 of, or is organized under the laws of, a foreign country,

8 for the purpose of discouraging tourist travel to Cuba by

9 foreign persons.

10 (c) REPORT TO CONGRESS.—The President shall

11 transmit to the Committee on International Relations of

12 the House of Representatives and the Committee on For13 eign Relations of the Senate, not later than 60 days after

14 the date of the enactment of this Act, a detailed report

15 on the following:

16 (1) The strategy employed in providing grants

17 under section 109 of the Cuban Liberty and Demo18 cratic Solidarity (LIBERTAD) Act of 1996, and an

19 accounting of the activities and accomplishments of

20 each grant made under that section since that Act

21 was enacted.

22 (2) With respect to radio and television broad23 casting to Cuba—

24 (A) the most recent independent profes25 sional survey research conducted in Cuba to


21401e.AAC
89

3

H.L.C.

1 measure audience size to date and the pref2 erences of any potential audience;

3 (B) the strategy employed by the Office of

4 Cuba Broadcasting to ensure that broadcast

5 content meets the standards of the Voice of

6 America charter, provides objectivity and bal7 ance, and promotes democracy in Cuba;

8 (C) the results of airborne transmissions to

9 date, measured in terms of audience penetra10 tion and signal strength; and

11 (D) how funds will be spent, including the

12 amounts and timetables of each expenditure, for

13 the acquisition of, provision of equipment and

14 staff for, and ongoing maintenance and oper15 ation of, a permanent airborne broadcasting

16 platform.

17 (d) MONITORING BOARD.—

18 (1) ESTABLISHMENT.—The President shall es19 tablish, not later than 120 days after the date of the

20 enactment of this Act, a monitoring board to evalu21 ate the content of broadcasts by Radio Marti, espe22 cially from the perspective of journalistic quality.

23 (2) MEMBERSHIP.—The members of the moni24 toring board shall be private citizens appointed from

25 among individuals with expertise in journalism,


21401e.AAD
90

4

H.L.C.

1 Cuban affairs, and international broadcasting by the

2 United States.

3 (3) REPORTS BY MONITORING BOARD.—The

4 monitoring board shall, not later than 6 months

5 after the board is established and not later than the

6 end of each 6-month period thereafter, submit to the

7 Broadcasting Board of Governors and to the com8 mittees referred to in subsection (c) a report on the

9 results of the evaluations it is conducting and those

10 it has completed under paragraph (1).

11 (4) REPORT ON PLAN TO ESTABLISH BOARD.—

12 The President shall, not later than 60 days after the

13 date of the enactment of this Act, submit to the

14 committees referred to in subsection (c) a report on

15 its plan to create the monitoring board under this

16 subsection.

In section 503, strike paragraph (1) and insert the

following:

17 (2) by amending subsection (b) to read as fol18 lows:

19 ‘‘(b) Radio broadcasting in accordance with sub20 section (a) shall be in accordance with all Voice of America

21 standards to endure the broadcast of programs that are

22 objective, accurate, and balanced and present a variety of

23 views.’’;


21401e.AAE
91

Mr. SMITH. Without objection, the amendment will be considered 

as read and the gentleman is recognized for 5 minutes in support 

of his amendment. And do Members have a copy of that amendment? Which one is it? I haven’t seen it. 

Mr. FLAKE. Yes, it has been distributed. 

Mr. Chairman, the purpose of this amendment is simply to have 

a more effective policy, in particular communication policy, with 

the country of Cuba. We spend about $27 million a year, the U.S. 

taxpayer does, on Radio and Television Marti and we are proposing 

in this bill to actually spend $10 million more. And I would submit 

that before we spend more, we ought to assess the effectiveness of 

what we have spent with regard to TV Marti. TV Marti has been going since 1990. We have spent $10 million 

a year ever since then and very few, if any, Cubans have seen a 

minute of it, mostly because it is jammed by Fidel Castro. This 

extra $10 million spent is an effort to perhaps get around that jamming. However, we have been running planes up to get around that 

jamming for quite a while now for several months but we have no 

reports other than simple anecdotal evidence that anybody has 

seen any of this, and I would propose that before we spend more 

we ought to gauge the effectiveness of what has been spent. 

It is not just jamming that is the problem. It is more the content 

of what is produced on Radio and TV Marti that could be improved, 

and I will speak to that in a minute. 

Also in this bill, for some reason, we strike the provision that requires Cuban broadcasting to actually be under the standards that 

the Voice of America has. I have asked why this was done and nobody can explain why, but we pulled that standard away. This 

would insert the standard back again or remove that section which 

deletes it. 

Also to promote the best possible journalism at Radio and TV 

Marti, we require the Administration to develop an independent 

monitoring board to make sure that they are complying with the 

VOA standards. The $10 million that we would save from immediately being spent on a new plane we would designate for educational exchange programs in Cuba. This would use traditional 

programs that are developed by the State Department, Fulbright 

scholarships, Gilman scholarships, whatever is already there. We 

must like them because we are funding them in this same authorization bill. 

And then also this bill may fund—in the commission report on 

Cuba a while ago it was suggested that we spend $5 million in Europe to discourage European tourism in Cuba. So that seems to me 

to be a stretch. In January of this year, Fidel Castro issued an 

edict to all state employees, which is everybody on the island basically, saying to avoid contact with tourists because that contact 

was promoting individualism and they should seek to avoid it. I 

would suggest that individualism among Cubans is a very good 

thing. And the notion, it is a questionable one, that discouraging 

tourism is a good thing, and why are we spending taxpayer money 

in Europe in an attempt to discourage Europeans from travelling 

to Cuba? 

So it does these things. Let me take just in my time left and talk 

about Radio and TV Marti for a minute. The BBG, that is the 

92

broadcasting group that is over Cuba, most recent surveys show 

Radio Marti’s regular weekly audience to be approximately 1.7 percent of the Cuban listenership. TV Marti is 0.3 percent. It is virtually gone. There is nothing there. 

Radio Marti used to be effective in Cuba, used to be listened to 

when it was produced from Washington. Since it has been produced 

out of Miami, the quality has gone down precipitously and we need 

to go to nobody other than our current Deputy Assistant Secretary 

over at the State Department for the Bureau of Western Hemisphere Affairs. Before he took that post he said and I quote:

‘‘Radio Marti once represented an important instrument for 

spreading the pro-freedom message in Cuba. Today it still retains the possibility, if only there was action to return it to 

neutral territory.’’

Moving the facilities to Miami sacrificed its effectiveness, making 

it simply another Miami radio station. Radio Marti should be relocated and every effort should be made to end its image as a mouthpiece of the Miami Cuban American community. 

I have traveled to Cuba several times. I have spoken to a number 

of dissidents and others and the complaint that I hear most often 

is, ‘‘Let’s get some content that is actually interesting or newsworthy to listen to.’’ That is the biggest problem with Radio Marti. 

Moving it back under the standards, making sure the standards of 

VOA actually apply will go a long way toward doing that. Let me 

give you one example, there are many, of the kind of broadcasting 

that goes on right now. 

There is an American citizen by the name of Kirby Jones who 

formed a trade organization—I will do this quickly, I know my time 

is gone—to promote the United States law which allows ag sales 

in Cuba. We have traded about $1.3 billion worth over the last couple of years. Many here are very supportive of that. They identified 

him—this is our own TV Marti, founded by U.S. taxpayers—that 

he is performing initiatives favorable to the Castro Communist regime. They did not explain what initiatives, they never called them 

about it, no source was given. That is just an example of what goes 

on there. 

I would be happy to answer any questions about it. Thank you. 

Mr. SMITH. Thank you, would anyone else like to be heard? First 

of all, I would, with all due respect to my good friend and colleague 

from Arizona, would rise in very strong opposition to his amendment. One of the President’s recommendations made to the Commission for Assistance to a Free Cuba was to require the Department of Defense to begin weekly aerial broadcasts of Radio and TV 

Marti to Cuba consistent with applicable law to break the regime’s 

information blockade. As my colleague knows, those flights have 

begun. The jamming of all of our freedom broadcasts throughout 

the years, Radio Free Europe for years and Radio Free Asia, which 

continues in China and Vietnam; if when faced with the problem 

of jamming we closed down our operations, the very important public diplomacy goals that are realized of getting fair and hopefully 

totally unbiased information out would just grind to a halt. 

One of the recommendations made by the 9–11 Commission, and 

we had two hearings last August and I chaired both of them in the 

93

area of public diplomacy—there was a strong, strong attempt made 

by those commissioners to say if you want freedom, if you want democracy and the rule of law to be promoted, and if you want information to be had by the people who are getting one-sided propaganda from a dictatorship, you need to increase, not decrease, the 

amount of money that is invested into public broadcasting like 

Radio Marti and TV Marti. 

As we all know, Radio Marti was founded in 1985, TV Marti in 

1990. Yes, the Government of Cuba goes overboard trying to stop 

TV Marti by jamming it, but now there is an innovative and very 

workable solution that President Bush, the White House, and the 

Broadcasting Board of Governors have embraced to set up an aerial 

platform. The $10 million that the gentleman would cut is for having a sustainable effort, an aircraft that would fly, as it does now, 

at least once a week, to pierce the jamming capability of Fidel Castro. 

This is important, I would respectfully submit, right now in trying to get information out at a time when Castro has made things 

even worse. Two years ago, as we all know, there was a horrific 

crackdown on the best and the brightest and the bravest in Cuba, 

as my friend knows well. They—the secret police of Castro—even 

went after people who were librarians. Obviously, they went after 

the human rights activists and the labor activists, the Varela 

Project coordinators. But they went after librarians; trying to put 

a choke hold on the free flow—of any flow of information. 

So I would suggest if we allowed the Communist dictatorship in 

the Soviet Union or in Vietnam or the PRC or any other dictatorship in the world to frustrate us to the point where we close up 

shop, Radio Free Asia, Radio Liberty, Voice of America, all of the 

important public broadcasting activities would have been stopped. 

We all remember: The Iron Curtain is not soundproof. They tried 

and were often able to frustrate our effort to get that information 

through but we did get some of it through. Now, we have an opportunity, innovative, one that is working. I got the same information 

that you got, and it is anecdotal and there will be a survey done, 

that people are getting the TV Marti signal. TV is getting through. 

I would suggest that doing phone surveys are precarious at best, 

because if I got a phone call trying to survey whether I listened to 

TV Marti or watch it or listen to Radio Marti, I would be suspect 

about answering when I know that my phone is tapped. But we 

hear from emigres that they do watch it and listen to it. 

And one final point. If we are close, and I hope to God we are 

close to a transition from a brutal dictatorship to democracy in 

Cuba, that as that transition period offers an opportunity, say Castro dies or becomes incapacitated in some way, we would need 

more than ever at that point to have the capability to get TV and 

radio broadcasting into Cuba so that we do not see a matriculation 

from one dictatorship right into another on this island gulag. 

I know that my friend has concerns and he has articulated them 

very well over the years. But the President and I think all of us 

who really believe in broadcasting believe that this is an opportunity. It is not perfect. 

I remember when people were saying we ought to cut National 

Endowment for Democracy. While it is not broadcast, it does proVerDate Mar 21 2002 11:44 Nov 30, 2005 Jkt 000000 PO 00000 Frm 00097 Fmt 6633 Sfmt 6601 F:\WORK\AGI\052605M\21401.000 HINTREL1 PsN: SHIRL
94

mote democracy building. In the 1990s with the peace dividend and 

all the talk that we had turned the corner on dictatorships, and 

people like myself and others said, ‘‘Time out, we cannot do that; 

there are dictatorships and movements afoot.’’ Now we see what is 

happening terrorism-wise, who will always try to frustrate free and 

fair people and human rights protections. 

So again, and I finally, for the record, would ask every Member 

to take a look at a letter from Kenneth Tomlinson, the Chairman 

of the Broadcasting Board of Governors, and I would quote him 

briefly and ask with unanimous consent the full letter be made a 

part of the record. He points out:

‘‘Last August we began weekly flights of specially-equipped 

Pennsylvania National Guard C–130’s and immediately Office 

of Cuban Broadcasting officials began receiving indications of 

a significant increase in the number of Cubans who reported 

that they were able to receive Television Marti signals. This 

prompted the Office of Management and Budget . . .’’

We know how they always like to red out things. That is my comment, not his.

‘‘This prompted the Office of Management and Budget, with 

strong support from the State Department and the Broadcasting Board of Governors, to support the purchase of a specially equipped airplane which could distribute the Marti signal daily.’’

[The information referred to follows:]

BROADCASTING BOARD OF GOVERNORS, 

May 26, 2005. 

The Honorable CHRISTOPHER H. SMITH, 

U.S. House of Representatives, 

Subcommittee on Africa, Global Human Rights 

and International Operations. 

DEAR MR. CHAIRMAN: I join with colleagues in the Bush Administration in strong 

support for Television and Radio Marti and the purchase of a specially-equipped airplane with the capability of evading Castro’s jamming. 

This jamming is especially insidious. Blocking the free flow of information violates 

a host of international communications agreements. How can anyone seek to block 

from any people information about what is happening in their own country and 

their own world? Yet this is what Fidel Castro is doing and up until recently his 

jammers effectively blocked the Cuban people from viewing the Television Marti signal and have interfered with the radio signal. 

Many times we have been asked how can the United States with all of its technological capability not be able to counter Castro’s jamming? The fact of the matter 

is that terrestrial television and radio signals are vulnerable to the counter force 

of jamming and up until now there was little we could do about it. 

Last August we began weekly flights of specially-equipped Pennsylvania National 

Guard C–130’s and immediately Office of Cuba Broadcasting officials began receiving indications of a significant increase in the number of Cubans who reported they 

were able to receive Television Marti signals. This prompted the Office of Management and Budget, with strong support from the State Department and the Broadcasting Board of Governors, to support the purchase of a specially-equipped airplane, which could distribute the Marti signal daily. 

Thank you very much for your interest in Cuba broadcasting, and I stand ready 

to respond to any questions that you and your colleagues might have. 

Sincerely, 

KENNETH Y. TOMLINSON, Chairman.

95

Mr. SMITH. So I would hope that my colleagues would reject this 

amendment and I would gladly recognize any other Member. Ms. 

McCollum. 

Ms. MCCOLLUM. Thank you, Mr. Chairman. Could I ask the author of the amendment a few questions? 

Mr. SMITH. Yes. 

Ms. MCCOLLUM. It is my understanding from reading this that 

you would like to take the dollar amount and put it into other opportunities that already currently exist. I notice on the last several 

lines of your amendment on page 4, you have radio broadcasting, 

in accordance with all subsections, should be in accordance with 

the Voice of America standards. So you are not looking to delete 

the Voice of America or anything like that into Cuba? 

So I would like to yield the remainder of my time to you, Mr. 

Flake. But a second before doing that. I did read the 9/11 Commission Report, as many of us here, and I do believe that the 9/11 Report, and I will go back and check, was referring and specifically 

referred to the Voice of Democracy when it was referring to its 

broadcasting in the report. And I yield the remainder of my time 

to Mr. Flake. 

Mr. FLAKE. I thank the gentlewoman for yielding. And you are 

right, I am not cutting 1 dime. Radio and TV Marti will still have 

the same amount of money that they had last year, not a dime less. 

What I am saying is that before we go and buy a plane, we actually—the letter mentioned that there is a platform, it is flying on 

an irregular basis. Let’s find out if that is working. Let’s get something more than anecdotal evidence that it is working before we expand another $10 million. And in the meantime, there are some 

very effective programs that are being run by the State Department in terms of communicating with students and others in other 

countries. We would simply apply them here to Cuba as well. 

I am not—again, I am not cutting 1 dime. I am saying before we 

make a significant expenditure, an additional expenditure, we 

ought to see if the platform is actually working, if we are actually 

achieving something. We need more, when spending 10 million 

more dollars, than simple anecdotal evidence, and even the background and history of the Marti is they could be far more effective. 

I am looking for a more effective voice there. We have reason to 

be suspicious that before they move forward with additional dollars, that we are effective with the dollars and more effective with 

what we are currently spending. 

I ask anybody who knows why in the world we would remove 

from this bill the section which requires these broadcasts to be 

under VOA standards. Because I can tell you, because there have 

been a lot of accusations that they are not. There is such bias in 

them. When I am down in Cuba and I ask people, ‘‘Do you listen?’’ 

It is, ‘‘Why listen? It is the same old drivel. We have heard it before. We agree, Castro is a bad guy. Now let’s get to some news 

and something that we will listen to, something that is valuable 

and something that is meaningful to us instead of the same old 

same old.’’

And we have been doing this for far too long. One hundred and 

fifty million dollars have been spent over the last 15 years with TV 

Marti, and nobody can point to anything but anecdotal examples 

96

out there that anybody has ever seen it. And it is simply not that 

effective. And when you couple that with the horrible standards 

that exist—get this: The most significant event that has happened 

in Cuba in terms of outsiders coming in and doing something—and 

I am not a fan of his politics—but Jimmy Carter was down there. 

And he did something that was extraordinary. He scolded Castro 

and spoke about the Varela Project, which many Cubans had not 

heard of. Courageous Cubans had gone around and collected 25,000 

signatures, people saying we want a change in the government. 

Jimmy Carter’s speech in Cuba was not carried live by Radio 

Marti. Our own broadcast out of here would not carry Jimmy 

Carter’s speech live in Cuba, again one of the most substantial 

events that has happened there in decades and they refused to do 

that. 

There are problems there and instead of giving them another $10 

million and putting off any scrutiny for a decade or so, we have 

been hearing that there is going to be a change in Cuba. We heard 

in 1992 that there was a book published, The Last Months of Castro. That was more than a decade ago. I think we have to say let’s 

do what is right and take care of it from there. This is what is 

right. 

Mr. SMITH. The time has expired. Dr. Boozman. 

Mr. BOOZMAN. Thank you, Mr. Chairman. I have really been very 

supportive of the idea of trading and travel to Cuba in the sense 

that in my mind’s eye my model is such that I really feel like you 

affect those countries more by interacting with them. Not only do 

you trade goods, but you trade ideas and things like that. If I did 

not feel like that, then I would be a hypocrite in the sense that we 

deal with so many other countries that have the same human 

rights problems that Cuba does, and yet we, again, do not have any 

problems dealing with them. 

I am troubled though. You know, it seems like for the first time 

that we are able with the TV Marti to kind of figure out how to 

do the jamming properly. If we had gotten rid of this thing, we 

probably should have done it a long time ago. So I am really torn. 

I think that because we are able to do that we need to go forward. 

And yet I am troubled. If this is true that we do not have the 

standards, if the standards were taken out, I do not understand. 

I have traveled the Middle East extensively and it is not only a 

problem with this broadcast. If you visit with anyone of any rank 

or whatever in the Middle East, the material that we are putting 

out there is a joke, nobody is listening to it. 

So I think we need to look at this hard. I think we do need a 

standard. We need to look at it here and do what we are doing in 

these other areas and this thing about the travel, if we are spending $5 million of the taxpayers’ money to discourage travel to Cuba 

in Europe, I don’t know about the rest of my colleagues, but we 

have lots of places in Arkansas that we could put that to use to 

a much greater ability. 

So thank you. 

Mr. SMITH. We do have four votes pending, so I would ask the 

Members to be brief so that we could go to a rollcall vote on this. 

Mr. Sherman. 

97

Mr. SHERMAN. I rise to oppose the amendment. I think broadcasting is one of the most effective things we can do to bring the 

message of democracy. So perhaps Radio Marti could do better, and 

I hope they do. The proof that they are of some significance is the 

fact that Castro is spending money to jam the broadcasts. And if 

this was getting through to absolutely no one and it was a complete 

joke, I doubt Castro would block. Clearly that jamming is adversely 

affecting the viewership and listenership of Radio and TV Marti. 

The solution is not to cut it off and yield to the jamming; the solution is to spend the money on the technology so that people can 

hear—hear truth, hear democracy. 

And I hope, though, that Radio Marti will listen to some, including the gentleman from Arizona, in terms of what they can do to 

make their broadcasts have more resonance and a higher rating 

and better content. I yield back. 

Mr. SMITH. One final word, Mr. Payne. 

Mr. PAYNE. I will be very quick. I saw the USSR, same thing. 

I went there in 1967. We were able to have some contact. We got 

more Europeans and Americans to go there. Then along came 

perestroika and glasnost, the mighty Iron Curtain started to fall. 

I was in Cuba 2 years ago. Walked around and stopped by a jazz 

club and talked to people. They were criticizing, I have all of this 

education and can’t get a job. Things seem to be loosening up a little bit. If we had more trade and visitations—we all know that 

Castro is a bad guy. Seven Presidents have said it and he outlived 

them all. I don’t know how many more he will outlive but we could 

start by having contact. 

We heard some people on the telephone about 2 months ago saying how bad Castro was. They are not in prison now. Evidently 

things are not as bad as they can be. I think that we should have 

contact—if Cuban Americans could go to Cuba and talk to their relatives this would be a change. I think our policy is totally wrong 

and I support the Flake amendment. 

Mr. SMITH. Before going to the vote I thank my colleagues for 

this debate but vigorously oppose the amendment by Mr. Flake. 

The Office of Cuban Broadcasting, as I think my colleagues know, 

was established under the charter of the Voice of America, and as 

such the office was established to operate under VOA guidelines, 

and the Office of Cuba Broadcasts already has an independent 

board. And as regards to reporting requirements, the office has 

been subject to countless reviews and audits not to mention congressional hearings since its inception. 

Again, the $10 million that would be taken out of this bill, and 

out of the President’s request, is designed precisely to improve the 

efficacy of TV Marti so the signal is received by the people in Cuba. 

Mr. FLAKE. Would the gentleman yield for 30 seconds? 

Mr. SMITH. Yes. 

Mr. FLAKE. Can you explain why the section was removed that 

actually ensures that it complies with VOA standards? 

Mr. SMITH. Well, it has to comply with VOA standards. 

Mr. FLAKE. Why did we remove the subsection that does that? 

Mr. SMITH. I will check—have staff check and find out why it 

was removed and we will talk about that as we go to Full Committee. 

98

I would like to ask all those in favor of the Flake amendment to 

say aye. Opposed, no. In the opinion of the Chair the noes have it. 

Mr. FLAKE. Rollcall. 

Mr. SMITH. The clerk will call the roll. 

The CLERK. Mr. Royce. 

Mr. ROYCE. No. 

The CLERK. Mr. Royce votes no. 

Mr. Tancredo. 

Mr. TANCREDO. No. 

The CLERK. Mr. Tancredo votes no. 

Mr. Flake. 

Mr. FLAKE. Aye. 

The CLERK. Mr. Flake votes aye. 

Mr. GREEN. No. 

The CLERK. Mr. Green votes no. 

Mr. Boozman. 

Mr. BOOZMAN. No. 

The CLERK. Mr. Boozman votes no. 

Mr. Fortenberry. 

Mr. FORTENBERRY. No. 

The CLERK. Mr. Fortenberry votes no. 

Mr. Payne. 

Mr. PAYNE. Yes. 

The CLERK. Mr. Payne votes yes. 

Ms. Lee. 

Ms. LEE. Yes. 

The CLERK. Ms. Lee votes yes. 

Ms. McCollum. 

Ms. MCCOLLUM. Aye. 

The CLERK. Ms. McCollum votes aye. 

Mr. Sherman. 

Mr. SHERMAN. No. 

The CLERK. Mr. Sherman votes no. 

Mr. Meeks. 

Mr. MEEKS. Aye. 

The CLERK. Mr. Meeks votes yes. 

Ms. Watson. 

Ms. WATSON. No. 

The CLERK. Ms. Watson votes no. 

Mr. Smith. 

Mr. SMITH. No. 

The CLERK. Mr. Smith votes no. 

Mr. SMITH. And the number is? 

The CLERK. There are 5 ayes and 8 noes on this vote. 

Mr. SMITH. And the amendment is not agreed to. The Subcommittee stands in recess until after the votes on the House 

Floor, and I would urge all Members to return. We do have several 

other amendments pending to this legislation. 

[Recess.] 

Mr. SMITH. The Committee will resume its hearing. I would like 

to thank Betty McCollum, who would be next in the queue, for 

yielding to Mr. Fortenberry for offering his amendments. 

Mr. Fortenberry. 

99

Mr. FORTENBERRY. Thank you, Mr. Chairman, I have two amendments at the desk. First, I ask unanimous consent to be considered 

en bloc. 

Mr. SMITH. Without objection they will be considered en bloc. 

Clerk will report the amendment. 

The CLERK. Which amendment? 

Mr. SMITH. En bloc. So whichever one you want to start with is 

fine. 

Mr. Fortenberry, Benjamin Gilman scholarships? 

Mr. FORTENBERRY. Yes, sir. Thank you, Mr. Chairman. 

Mr. SMITH. The clerk will report the amendment. Okay. One second. 

The CLERK. Amendment offered by Mr. Fortenberry. At the appropriate place in the bill——

Mr. SMITH. Without objection, the amendments en bloc will be 

considered as read. The gentleman is recognized for 5 minutes in 

support of his two amendments. 

[The amendments en bloc referred to follow:]

100

1

H.L.C.

AMENDMENT TO H.R. lll

OFFERED BY MR. FORTENBERRY OF NEBRASKA

(Foreign Relations Authorization Act, Fiscal Years 2006 and

2007)

At the appropriate place in the bill insert the following (and conform the table of contents accordingly):

1 SEC. ll. BENJAMIN GILMAN INTERNATIONAL SCHOLAR2 SHIP PROGRAM.

3 Section 305 of the International Academic Oppor4 tunity Act of 2000, as contained in title III of the Micro5 enterprise for Self-Reliance and International Anti-Cor6 ruption Act of 2000 (Public Law 106–309; 22 U.S.C.

7 2462 note) is amended by striking ‘‘$1,500,000’’ and in8 serting ‘‘$4,000,000’’.


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21401q.eps
102


21401r.eps
103

Mr. FORTENBERRY. Mr. Chairman, thank you so much. When I 

was an 18-year-old, a sophomore in college, I had a very unique opportunity to travel to Egypt, spending several months there during 

what would have been my fall semester of college. Here now, 25 

years later, I find myself a Member of the International Relations 

Committee. I recently had the opportunity to sit across the desk 

from the Prime Minister of Egypt, the Foreign Minister as well. 

That was an essential part of my early formation, an important 

part of my education. 

The amendment I would offer would increase authorization for 

the Benjamin Gilman Scholarship Program by striking $1.5 million 

from the current text and inserting $4 million. America has sacrificed to provide military solutions in the pursuit of peace and 

freedom overseas, and when necessary we will continue to do so. 

But in the years since World War II we have also accomplished 

much by projecting various forms of soft power to build lasting relationships around the globe. Educational and cultural changes introduced the world to our best and brightest young students, reducing stereotypes and encouraging long-term relationships. 

The Gilman Scholarship Program shows the world that America 

treasures educational access for all—these are students that qualify for Pell Grants at home. Gilman scholarships empower many to 

travel, study and live abroad. 

After 9/11 many around the globe feared an American cultural 

withdrawal from our own borders. This fear, however, was not 

shared by the students in our colleges and universities. Study 

abroad increased by 8.5 percent in 2002 and 2003 to a record 

174,000. 

The Gilman program actually expands the pool from which these 

students come and guarantees that the privilege of study abroad be 

made widely available. I urge the inclusion of this amendment and 

the authorization of the expansion of this worthy program. 

Mr. SMITH. I want to thank my friend for offering these amendments. I essentially concur and agree with him. I think the two 

amendments add to this bill. The Gilman scholarships, as you have 

pointed out so well, and the increase you contemplated in your 

amendment will make this very real possibility of studying abroad 

for many more individuals a reality. 

In terms of taking the Country Reports, Human Rights Practices, 

the Religious Freedom Act and annual reports submitted that are 

country-specific, as well as the Trafficking in Persons Report, and 

to translate that into the indigenous language, I don’t know why 

we didn’t think of that before. 

It is amazing to me when you travel abroad how many people—

you give them their country report or you tell them that there is 

something online. If they can’t read it what good is it? Now they 

will have it in their own language. That will make not only the 

chronicling of human rights abuses but also the fights against 

those abuses that much more effective. 

These are two outstanding amendments, and I strongly support 

them. 

Mr. FORTENBERRY. If the Chairman would yield. 

Mr. SMITH. I will. 

104

Mr. FORTENBERRY. You have very well summarized the second 

amendment which very well translates human rights reports or 

mandates that the Embassies must put them in their native indigenous language on their Web site, allowing more people access to 

these very important points. Thank you. I move the amendment. 

Mr. SMITH. The question occurs on the amendments en bloc. 

All those in favor, say aye. Opposed, no. 

The ayes have it. The amendments en bloc are agreed to. 

The Chair recognizes Ms. McCollum. 

Ms. MCCOLLUM. Thank you, Mr. Chair. I also would like to 

thank you for your help and your great assistance from the Majority and Minority staff as I prepared this amendment on child marriage. 

Mr. SMITH. The clerk will designate the amendment. 

The CLERK. An amendment by Ms. McCollum of Minnesota. At 

the appropriate place in the bill support the following (and conform 

the table of contents accordingly): Section blank, Reports on Child 

Marriage——

Mr. SMITH. Without objection, the amendment will be considered 

as read. The gentlelady is recognized for 5 minutes in support of 

her amendment. 

[The amendment referred to follows:]

105

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MS. MCCOLLUM OF MINNESOTA

At the appropriate place in the bill, insert the following (and conform the table of contents accordingly):

1 SEC. ll. REPORTS ON CHILD MARRIAGE.

2 (a) ONE TIME REPORT.—Not later than 180 days

3 after the date of the enactment of this Act, the Secretary

4 of State shall submit to the appropriate congressional

5 committees a one time report on the practice of the custom

6 of child marriage in countries around the world. The re7 port shall include the following information:

8 (1) A separate section for each country, as ap9 plicable, describing the nature and extent of child

10 marriage in such country.

11 (2) A description of the actions, if any, taken

12 by the government of each such country, where ap13 plicable, to revise the laws of such country and insti14 tutionalize comprehensive procedures and practices

15 to eliminate child marriage.

16 (3) A description of the actions taken by the

17 Department of State and other Federal departments

18 and agencies to encourage foreign governments to

19 eliminate child marriage and to support the activiVerDate Mar 21 2002 11:44 Nov 30, 2005 Jkt 000000 PO 00000 Frm 00109 Fmt 6633 Sfmt 6601 F:\WORK\AGI\052605M\21401.000 HINTREL1 PsN: SHIRL

21401h.AAB
106

2

H.L.C.

1 ties of non-governmental organizations dedicated to

2 eliminating child marriage and supporting its vic3 tims.

4 (b) INCLUSION OF INFORMATION RELATING TO

5 CHILD MARRIAGE IN ANNUAL COUNTRY REPORTS ON

6 HUMAN RIGHTS PRACTICES.—

7 (1) COUNTRIES RECEIVING ECONOMIC ASSIST8 ANCE.—Section 116(d) of the Foreign Assistance

9 Act of 1961 (22 U.S.C. 2151n(d)) is amended—

10 (A) in paragraph (10) by striking ‘‘and’’ at

11 the end;

12 (B) in paragraph (11)(C), by striking the

13 period at the end and inserting ‘‘; and’’; and

14 (C) by adding at the end the following new

15 paragraph:

16 ‘‘(12)(A) wherever applicable, a description of

17 the nature and extent of laws and traditions in each

18 country that enable or encourage the practice of

19 child marriage; and

20 ‘‘(B) a description of the actions, if any,

21 taken by the government of each such country

22 to revise the laws of such country and institu23 tionalize comprehensive procedures and prac24 tices to eliminate child marriage.’’.


21401h.AAC
107

3

H.L.C.

1 (2) COUNTRIES RECEIVING SECURITY ASSIST2 ANCE.—Section 502B(b) of such Act (22 U.S.C.

3 2304(b)) is amended by inserting after the ninth

4 sentence the following new sentence: ‘‘Each report

5 under this section shall also include, wherever appli6 cable, a description of the nature and extent of laws

7 and traditions in each country that enable or encour8 age the practice of child marriage and a description

9 of the actions, if any, taken by the government of

10 each such country to revise the laws of such country

11 and institutionalize comprehensive procedures and

12 practices to eliminate child marriage.’’.

13 (c) EFFECTIVE DATE OF AMENDMENT.—The

14 amendment made by subsection (b) shall take effect on

15 the date of the enactment of this Act and apply beginning

16 with first report submitted by the Secretary of State under

17 sections 116(d) and 502B(b) of the Foreign Assistance

18 Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) that is

19 submitted after the report required under subsection (a).


21401h.AAD
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Ms. MCCOLLUM. My amendment will provide for a one-time State 

Department report on the practice of child marriage around the 

world. This report will provide a baseline study of the—excuse 

me—it will provide for a one-time State Department report on the 

practice of child marriage around the world. 

This report will provide a baseline study for the nature and extent of child marriage and countries where it is a common practice, 

which negatively impacts on the lives of girls. It will also inform 

us of actions being taken by governments to mitigate and minimize 

the harmful effects of girls entering into marriage. 

This one-time report, after it is concluded, on child marriage will 

then be included in future annual State Department human rights 

reports. Child marriage is labeled as a harmful traditional practice 

by UNICEF. This is a human rights issue, especially one that is 

coerced or involuntary or intergenerational; for example, when a 

50-year-old man takes a third or a fourth wife who is a 14- or 15-

year-old girl. 

Child marriage is a product of poverty and traditional customs. 

But regardless of the reason it is harmful to girls. Research shows 

that in developing nations child marriage is often associated with 

adverse economic and social consequences. It is dangerous to the 

health and well-being of girls. 

In developing countries where access to health care is limited, 

girls ages 10 to 14 years of age are 5 times more likely to die in 

pregnancy or childbirth than women ages 20 to 24. 

The health consequences for girls during pregnancy or childbirth 

include obstetric fistula, which is a devastating condition commonly 

associated with child marriage because of the immaturity of girl’s 

bodies at the time of childbirth. 

Adolescent girls are more susceptible than mature women to sexually transmitted disease and infections. Research shows that married girls are at greater risk for HIV infection than their unmarried 

peers. 

A girl who enters into a child marriage is frequently denied further education and access to other health and economic and social 

activities. 

As the United States appropriately invests billions of dollars to 

improve lives around the world, child marriage undermines the efforts of developing countries and donor countries to promote economic and social development, and it undermines our investment 

to improve the health and education of girls and women. 

Mr. Chair, it is important for the United States, as a Nation that 

values the lives and well-being of girls and women, to take a stand 

on child marriage. 

Many countries are moving to address child marriage. Although 

I will refer to Turkey in my closing remarks, I want to say that 

I think that this State Department report can be used to work to 

identify areas of improvement where we can work in partnership 

with countries that are moving to change away from this devastating practice toward young girls. 

The conclusion I would like to close with is a chilling example 

of why we need to reform this act. I am going to read an excerpt 

from a Los Angeles Times report. The story is entitled ‘‘Where girls 

marry rapists for honor.’’

109

The story starts with Rojda. She was 13 when she was raped 2 

years ago by a neighbor in this hardscrabble Kurdish province. In 

order to cleanse her honor, she was forced to marry her attacker 

in an unofficial Islamic-style ceremony. Later he was convicted of 

raping a 7-year-old boy, and he has been in prison. 

Rojda’s troubles were far from over. According to the account of 

her ordeal provided by her family and attorneys, she allegedly was 

raped again in March by her father-in-law, who said that she 

should go into prostitution in order to earn her keep. When Rojda 

refused, the relatives and attorneys charged that a group of men 

held her down and sliced off her nose. 

Rojda’s story is not unusual. Human rights groups and Turkish 

officials say violence against women is widespread in Turkey. Statistics are hard to come by, because so many attacks go unreported. 

They blame the violence on poverty and lack of education and the 

structure of the patriarchal society that is prevalent in much of 

Turkish society. 

So, Mr. Chair, I would like to encourage my colleagues on this 

Committee to support this amendment. 

For the record, I would put in the full Los Angeles Times article, 

‘‘Where Girls Marry Rapists for Honor’’ as well as a New York 

Times article, ‘‘Turks Fight Honor Killings of Women’’ as well as 

the UNICEF report on child marriage. I yield back. 

[The information referred to follows. NOTE: The UNICEF report 

entitled Early Marriage, A Harmful Traditional Practice is not reprinted here but is available in Committee records.]

Copyright 2005 Los Angeles Times 

All Rights Reserved 

Los Angeles Times 

May 24, 2005 Tuesday 

Home Edition

SECTION: MAIN NEWS; Foreign Desk; Part A; Pg. 9

LENGTH: 898 words

HEADLINE: The World; 

Where Girls Marry Rapists for Honor; 

Turkey is working with agencies to combat widespread abuse of women. Education 

and tougher laws are part of the reform effort.

BYLINE: Amberin Zaman, Special to The Times

DATELINE: DIYARBAKIR, Turkey

BODY: 

Rojda was 13 when she was raped two years ago by a neighbor in this hardscrabble Kurdish province. In order to ‘‘cleanse’’ her honor, she was forced to marry 

her attacker in an unofficial Islamic-style ceremony. He later was convicted of raping a 7-year-old boy and has been imprisoned. 

But Rojda’s troubles were far from over, according to an account of her ordeal provided by her family and attorneys. She allegedly was raped again in March by her 

father-in-law, who she said demanded she prostitute herself to earn her keep. When 

Rojda refused, the relatives and attorneys charge, a group of men held her down 

and sliced off her nose. 

Police raided their home after being tipped off by neighbors, who heard her cries. 

The men were briefly detained, then set free—though they have since been rearrested. 

Rojda’s story is not unusual: Human rights groups and Turkish officials say violence against women is widespread in Turkey, though statistics are hard to come 

by because so many attacks go unreported. They blame the violence on poverty, a 

lack of education and the patriarchal structure prevalent in much of Turkish society. 

110

As this nation seeks to become the European Union’s first predominantly Muslim 

member, its Islam-rooted government has teamed up with the EU and other international groups to combat abuses through a series of nationwide projects and campaigns. 

Their efforts are evident here in Diyarbakir, where the bar association is training 

local administrators to understand and implement new laws that, among other 

things, broaden women’s rights and stiffen penalties for their abusers. The $500,000 

project is being funded by the EU. 

‘‘We have trained 700 officials over the past year; awareness is growing,’’ association President Sezgin Tanrikulu said last week. One such trainee learned of Rojda’s 

plight soon after her alleged attackers were initially freed. He took her to 

Tanrikulu, complaining that justice had not been served. 

Rojda, a childlike figure with enormous dark eyes set above her disfigured nose, 

looked terrified, recalled Tanrikulu. ‘‘We pressed fresh charges on her behalf, and 

the men were rearrested,’’ he said. 

Her mother, Serife, who lives in a muddy tent on the outskirts of the nearby town 

of Cinar, said that Rojda ‘‘was my prettiest girl’’ before the attack. Serife, who carried a sickly child—her 10th—from a pouch strapped to her back, said she would 

‘‘not find peace’’ until her daughter was avenged. 

Their attorneys requested that Serife and her daughter be identified only by their 

first names. 

If found guilty on separate counts of rape and assault, the men could face up to 

22 years in prison, said Meral Bestas, an attorney at the bar association’s women’s 

advisory center, which is handling Rojda’s case. 

Staffed by six female lawyers, the center offers free legal advice to women. Bestas 

said her clients are often illiterate and in polygamous and abusive marriages. Many 

are afraid to seek help. 

‘‘Their men view us as a subversive, corrupting influence and order them to stay 

away,’’ Bestas said. 

Across from the center, in the Hasirli slum area, social worker Handan Coskun 

goes about empowering women in subtler ways. She supervises a free laundry service, which attracts hundreds of women and their children every week. 

The laundry doubles as a school where women are taught to read, write and use 

birth control. They are also informed of their legal rights. 

‘‘I felt stronger, safer after the courses,’’ said Naile Gungor, a 49-year-old mother 

of seven, as she stuffed her wash into a machine. 

Like many here, she is a refugee from one of thousands of villages that were 

razed by Turkish security forces during a 15-year separatist insurgency led by 

rebels of the Kurdistan Workers Party, or PKK. Government plans to repatriate the 

villagers have been marred by a resurgence in violence after the PKK—which has 

renamed itself the Kurdistan Freedom and Democracy Congress, or KADEK—ended 

a five-year cease-fire last year. 

With dozens of refugees crammed into tiny concrete shacks in shantytowns that 

have sprung up across the southeast, ‘‘abuse and incest have permeated people’s 

genes,’’ said Coskun, the social worker. 

Another big part of tackling violence against women involves educating men, said 

Meltem Agduk, a consultant with the United Nations Population Fund. 

The U.N. agency recently devised a program to discourage conscripts from engaging in domestic violence. 

With all Turkish men older than 18 required to perform 15 months of military 

service, the campaign should have far-reaching effects, Agduk predicted during an 

interview in Ankara, the Turkish capital. 

In a similar vein, the government last year instructed thousands of state-employed Muslim clerics to preach against ‘‘honor killings,’’ slayings committed by 

male relatives of women and girls accused of staining their family’s reputation. 

Under Turkey’s new penal code that will come into effect June 1, sentences for 

such crimes will be significantly increased. In the past, those convicted could get 

sentences reduced to as few as three years in prison because protecting the family’s 

honor was seen as a mitigating circumstance. Now they will serve as much time as 

any other convicted murderer. 

Despite such efforts, the killings continue. 

This year in the province of Batman, east of Diyarbakir, an 18-year-old girl was 

shot to death by her brother for wearing blue jeans. 

Copyright 2005 The New York Times Company 

The New York Times 

May 16, 2005 Monday 

111

Early Edition

SECTION: Section A; Column 1; Foreign Desk; Pg. 13

LENGTH: 808 words

HEADLINE: Turks to Fight ‘Honor Killings’ of Women

BYLINE: By SEBNEM ARSU

DATELINE: ISTANBUL, May 15

BODY: 

In a nondescript building in a remote part of Istanbul, a young woman sat in front 

of a television on a recent day watching a chilling scene unfold. Panning across the 

dank walls of a cave, the camera stopped on a primitive drawing of a female form, 

then dissolved into a modern crime scene showing the chalk outline of a woman’s 

body on a road. 

‘‘Every year, dozens of women fall victim,’’ said the menacing voice of Atilla Olgac, 

an actor who plays the most fearsome character on Turkey’s most popular television 

drama. ‘‘Don’t be a part of this shame; don’t turn a blind eye to murders committed 

in the name of honor.’’

The video is part of a nationwide campaign in Turkey to bring an end to so-called 

honor killings, in which a woman is killed by her husband or a male relative for 

behavior that is perceived as a slight to the dignity and respectability of her family. 

Rights organizations in Turkey and abroad have long denounced the practice as brutal and unfair to women; men who engage in the same activities are not held accountable. 

The 24-year-old woman was watching a preview of the television spot with officials from a women’s shelter. 

She had been staying there for three days, the latest stop in a series of moves 

intended to keep her at a safe distance from a family that had decided she must 

return to her abusive husband, or die. 

Identified by shelter officials only as Nazan, she was married against her will 

when she was 15 and is now the mother of three children. 

Nazan said she fled her home after years of physical abuse and returned to her 

family declaring that she wanted a divorce. She begged to stay with her father for 

safety, but she said he considered her actions an affront to the family honor, and 

in an effort to force her back to her husband became abusive himself, leaving knife 

scars on her arms, legs and back. 

According to official records, 43 women in Turkey were victims of honor killings 

in 2004. But human rights activists say the number is far greater than that, with 

families reporting deaths as suicides or simply filing missing persons reports. 

‘‘Women’s groups have been active in raising consciousness to prevent honor 

killings in the past few years but what they needed was a national campaign to support their work,’’ said Nilufer Narli, a sociologist from Kadir Has University in 

Istanbul. 

She praised the campaign, which also includes billboards and fliers. ‘‘Panels and 

conferences reach the elite, but you need television and movies to reach people in 

the street.’’

The promotional television spots are scheduled to be broadcast on donated time 

on at least 10 television stations and hundreds of radio stations nationally starting 

this week. 

Honor killings are most common in the country’s rural southeast, and among 

poorer and less educated Turks. 

In Diyarbakir, the largest city in the region, there are no shelters, despite efforts 

by local groups. 

‘‘Women are deeply hesitant to come to us,’’ said Reyhan Yalcindag, deputy director of the Diyarbakir Human Rights Association. ‘‘Even if they had the courage to 

file an official complaint, they still must go back to the home where they are targets, 

and live among the very people they have made charges against.’’

‘‘There are only 14 shelters in Turkey, and none in the southeast,’’ she said. 

‘‘These are not acceptable figures.’’ The media campaign in Turkey is the first combined effort on the issue of honor killings involving both governmental and nongovernmental organizations, as well as clerics, and it is being financed by a grant 

from the British Foreign and Commonwealth Office. 

At the same time Turkey, in hopes of being granted entry into the European 

Union, is working to bring its human rights standards in line with those of the West 

and to modernize its criminal justice system. 

A new penal code, ratified in September 2004, eliminated ‘‘protection of family 

honor’’ as a mitigating circumstance in murder trials and introduced heavier penVerDate Mar 21 2002 11:44 Nov 30, 2005 Jkt 000000 PO 00000 Frm 00115 Fmt 6633 Sfmt 6621 F:\WORK\AGI\052605M\21401.000 HINTREL1 PsN: SHIRL
112

alties for honor killing convictions. Another law recently passed by Parliament calls 

for the creation of a women’s shelter in every large municipality in the country. 

But some critics say the changes are not enough. Despite the removal of the family honor provision, the commission making the legal changes left a loophole in the 

law, preserving ‘‘unjust provocation’’ as an available defense that could be invoked 

in honor killing cases. 

And while Ms. Yalcindag welcomed the potential addition of hundreds of new 

shelters, she said she was skeptical about the support they would get. ‘‘Cities will 

be obliged to build more shelters, but it is the responsibility of the central government to ensure their security,’’ she said, ‘‘and there has been no promise made on 

that.’’

Mr. SMITH. I want to thank Ms. McCollum for working with us 

and developing a bipartisan text. I congratulate her on this amendment. 

Are there any other Members who would like to speak on this? 

If not, the question occurs on the amendment by the gentlelady 

from Minnesota, Ms. McCollum. 

All those in favor, signify by saving aye. Opposed, no. 

The ayes have it. The amendment is agreed to. 

It is my understanding that Mr. Sherman has some amendments 

he would like to offer. 

Mr. SHERMAN. Yes, Mr. Chairman, I have quite a number of 

amendments at the desk and, at your suggestion, I would like 

unanimous consent to consider three of them en bloc. They would 

be the first, second and seventh amendments. 

The first deals with supporting pro-democracy organizations, notwithstanding section 620(a) of the Foreign Assistance Act. 

The second sets forth the sense of Congress relating to nuclear 

proliferation and the A.Q. Khan network. I should point out that 

that second amendment is a redraft encompassing the suggestions 

and language put forward by my colleague from California, Ms. 

Lee. 

The third amendment deals with Palestinian textbooks. This 

third amendment is a sense of Congress that says—and these were 

matters that I brought directly to the attention of the Palestinian 

President just yesterday—that the United States would like to see 

first that they stop citing the infamous Elders of Zion forgery as 

a fact in their textbooks; second, that they recognize Israel and the 

Jewish people as among the nations of the world, among the peoples of the world and that they put Israel on a map of the Middle 

East. 

Now, it goes on to say that our continued support for the Palestinian Authority should, as a sense of Congress, be contingent upon 

these Palestinian textbooks being properly reformed. 

I would ask unanimous consent to put into the record here an 

extract from the new 10th-grade Palestinian history textbook. 

[The information referred to follows:]

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21401b.eps
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Mr. SMITH. If the gentleman would suspend momentarily. So you 

are making a unanimous consent request that those three resolutions be considered en bloc? 

Mr. SHERMAN. Yes. 

Mr. SMITH. Is there any objection? 

Ms. LEE. Yes, Mr. Chairman, I object to one because I would like 

to discuss this with the Committee. 

Mr. SHERMAN. All right. There being an objection, I assume that 

relates to the seventh, Palestinian. Okay. I would ask unanimous 

consent that my first two amendments be considered en bloc. 

Mr. SMITH. Unanimous consent. The clerk will designate that before you go to debate if you would, first two amendments, first one 

dealing with pro-democracy and human rights organizations in certain countries and then the sense of Congress relating to nuclear 

proliferation and A.Q. Khan. Those are the two. 

Mr. SHERMAN. Okay. It is the second draft of that second amendment that encompasses Ms. Lee’s suggestions. 

Mr. SMITH. So, the clerk, if you could designate those two. 

The CLERK. Amendment offered by Mr. Sherman. At the appropriate place in the bill insert the following new section——

Mr. SMITH. Without objection, the reading of the amendments en 

bloc will be dispensed with. 

[The amendments en block referred to follow:]

119

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. SHERMAN

(Foreign Relations Authorization Act, Fiscal Years 2006 and

2007)

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. SUPPORT FOR PRO-DEMOCRACY AND HUMAN

2 RIGHTS ORGANIZATIONS IN CERTAIN COUN3 TRIES.

4 Section 620A(a) of the Foreign Assistance Act of

5 1961 (22 U.S.C. 2371(a)) is amended by adding at the

6 end the following new sentence: ‘‘The prohibition con7 tained in the preceding sentence shall not apply with re8 spect to assistance under part I (including chapter 4 of

9 part II) of this Act provided in support of programs of

10 a pro-democracy or human rights organization located or

11 operating in a country described in such sentence, if, at

12 least 30 days before obligating funds for such assistance,

13 the Secretary of State notifies (in classified or unclassified

14 form) the congressional committees specified in section

15 634A(a) of this Act in accordance with the procedures ap16 plicable to reprogramming notifications under that section


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1 that the pro-democracy or human rights organization op2 poses the use of terrorism, supports democracy and re3 spect for human rights, including the equality of women

4 and ethnic and religious minorities, and supports freedoms

5 of the press, speech, association, and religion.’’.


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1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. SHERMAN OF CALIFORNIA

At the appropriate place in the bill insert the following (and conform the table of contents accordingly):

1 SEC. ll. SENSE OF CONGRESS RELATING TO NUCLEAR

2 PROLIFERATION AND A. Q. KHAN.

3 (a) FINDINGS.—Congress finds the following:

4 (1) Dr. Abdul Qadeer Khan, former director of

5 the A.Q. Khan Research Laboratory in Pakistan and

6 Special Adviser to the Prime Minister on the Stra7 tegic Programme, had the status of a federal min8 ister and established and operated an illegal inter9 national network which sold nuclear weapons and re10 lated technologies to a variety of countries.

11 (2) China provided Dr. Khan with nuclear

12 weapons designs, and the illegal international nu13 clear proliferation network established by Dr. Khan

14 may have provided other countries with these de15 signs.

16 (3) The illegal international nuclear prolifera17 tion network established by Dr. Khan assisted Iran

18 with its nuclear program by supplying Iran with


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H.L.C.

1 uranium-enrichment technology, including centrifuge

2 equipment and designs.

3 (4) The illegal international nuclear prolifera4 tion network established by Dr. Khan assisted North

5 Korea with its nuclear weapons program by pro6 viding centrifuge technology, including designs and

7 complete centrifuges.

8 (5) The illegal international nuclear prolifera9 tion network established by Dr. Khan assisted Libya

10 with its nuclear program by providing blueprints of

11 centrifuge parts and thousands of assembled cen12 trifuge parts.

13 (6) There is concern that the illegal inter14 national nuclear proliferation network created by Dr.

15 Khan may be still in existence and its work still on16 going.

17 (7) Defense cooperation and technology transfer

18 between China and Pakistan have been recently

19 strengthened, including the codevelopment and man20 ufacturing of a minimum of 400 J–17 ‘‘Thunder’’

21 fighter aircraft, with a minimum of 250 going to

22 China. This and other Chinese-Pakistani technology

23 sharing provides an expanded basis for further Paki24 stani proliferation of advanced military technology.


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1 (8) The illegal international nuclear prolifera2 tion network established by Dr. Khan is a threat to

3 United States national security.

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that the United States—

6 (1) should continue efforts to—

7 (A) dismantle the illegal international nu8 clear proliferation network created by Dr.

9 Abdul Qadeer Khan; and

10 (B) counter the proliferation of weapons of

11 mass destruction from Pakistan to other coun12 tries;

13 (2) should request and Pakistan should grant

14 access to interview Dr. Khan and his top associates

15 to determine in greater detail what technology his

16 network provided or received from Iran, North

17 Korea, Libya, and China; and

18 (3) should take the steps necessary to ensure

19 that Pakistan has verifiably halted any cooperation

20 with any country in the development of nuclear or

21 missile technology, material, or equipment, or any

22 other technology, material, or equipment that is use23 ful for the development of weapons of mass destruc24 tion, including exports of such technology, material,

25 or equipment.


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Mr. SMITH. The gentleman is recognized for 5 minutes in support 

of those two amendments en bloc. 

Mr. SHERMAN. Thank you. The first of these amendments deals 

with a problem I have mentioned before. That is that the legal adviser at the State Department has determined that section 620(a) 

of the Foreign Assistance Act, which bans assistance to state sponsors of terrorism, can have the effect of banning assistance to prodemocracy groups in such countries as Iran and Syria. 

Now, we have for 1 year explicitly authorized aid to pro-democracy groups in Iran notwithstanding section 620(a), but this 

amendment looks toward the future and says that if we are going 

to promote democracy in countries that support terrorism we need 

to do so without being restricted by section 620(a). 

It is not a favor to the Iranian Government or the Syrian Government for us to support pro-democracy groups operating in those 

two countries, and this sweeps aside that technical legal problem. 

The second amendment that is part of this en bloc points out 

that we should have access to A.Q. Khan and his top deputies and 

associates, that that of course need not be made public but at least 

behind the scenes we need an opportunity to interview and interrogate those who are part of this great and terrible network transferring nuclear technology to some of the most dangerous countries in 

the world. 

With that, I would like to reserve my time, if I am allowed to. 

Otherwise, I yield back. 

Mr. SMITH. Would anyone else like to be heard on the amendments en bloc? 

If not, the question occurs on the amendments en bloc offered by 

Mr. Sherman. 

All those in favor say aye. Those opposed no. 

The ayes have it, and the amendments en bloc are agreed to. 

Does the gentleman have some additional amendments? 

Mr. SHERMAN. Yes, if I can take just a moment to mention the 

amendments that I am going to offer and withdraw, I will do so. 

Mr. SMITH. Is the gentleman moving to strike the last word? 

Mr. SHERMAN. I am moving to strike the last word. 

Mr. SMITH. The gentleman is recognized. 

Mr. SHERMAN. I was going to offer, but will not, an amendment 

to deal with another legal glitch in providing democracy aid to 

groups in Iran and other countries that support terrorism. That 

legal glitch consists of our laws prohibiting the export of dual-use 

technology to anyone in or operating in those countries. 

My amendment—and I hope to be presenting this to the Full 

Committee or, better yet, working with Full Committee staff and 

Subcommittee staff to include it in the base bill—what my amendment is designed to do is to say that if there is technology that you 

or I or anyone in this room could go to Staples and buy, such as 

some Microsoft program, that we can also provide that to NGOs 

and other groups operating in these dictatorial countries. 

I also will later offer something on World Bank loans to Iran and 

the burden of State Department reports. 

Now let me move to amendment number 7, which I would ask 

the Clerk to designate. That deals with Palestinian textbooks. 

Mr. SMITH. The clerk will so designate. 

125

The CLERK. Amendment offered by Mr. Sherman of California. 

At the appropriate place in the bill insert the following new section——

Mr. SMITH. Without objection, the amendment will be considered 

as read. 

[The amendment referred to follows:]

126

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. SHERMAN OF CALIFORNIA

At the appropriate place in the bill, insert the following new section (and conform the table of contents accordingly):

1 SEC. ll. SENSE OF CONGRESS.

2 (a) FINDINGS.—Congress finds the following:

3 (1) Since 1993, the United States has provided

4 more than $1,400,000,000 to assist the Palestinian

5 people, including to assist with the process of

6 strengthening the Palestinian educations system.

7 (2) Since 1950, the United States has provided

8 more than $3,200,000,000 in assistance to United

9 Nations Relief and Works Agency (UNRWA), which

10 operates schools in camps housing Palestinians.

11 (3) The Palestinian Authority has undertaken a

12 reform of its textbooks, a process which will be com13 pleted in 2006.

14 (4) These new textbooks, while an improvement

15 over past texts, fail in many respects to foster atti16 tudes amongst the Palestinian people conducive to

17 peace with Israel, including references to the infa18 mous Protocols of the Elders of Zion, failure to acVerDate Mar 21 2002 11:44 Nov 30, 2005 Jkt 000000 PO 00000 Frm 00130 Fmt 6633 Sfmt 6601 F:\WORK\AGI\052605M\21401.000 HINTREL1 PsN: SHIRL

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H.L.C.

1 knowledge the State of Israel, and failure to discuss

2 Jews in sections dealing with religious tolerance.

3 (b) SENSE OF CONGRESS.—It is the sense of the

4 Congress that the Secretary of State should express in the

5 strongest possible terms United States opposition to the

6 inclusion in Palestinian textbooks of materials which fos7 ter anti-Semitism and rejection of peace with Israel, and

8 to express the unwillingness of the United States to con9 tinue to support the Palestinian Authority, whether di10 rectly or indirectly, should the Palestinian Authority con11 tinue to include material which does not foster tolerance

12 and peace.


21401k.AAC
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Mr. SMITH. The gentleman is recognized on his amendment for 

5 minutes. 

Mr. SHERMAN. As I stated earlier, the purpose here is to advise—

this is just a sense of Congress resolution. It is not actually binding 

on the State Department, that we should insist that Palestinian 

textbooks, the new textbooks being developed for use next year and 

the following year, are textbooks that teach peace. 

The thing that disturbs me most about a translation that I received of a 10th-grade history textbook is a statement that the conference that led to the Zionist movement that put forward the idea 

that Jews should move back to their ancestral home was actually 

a conference that created a plan for world domination, which is a 

canard and a forgery put forward by anti-Semites in Europe in the 

1800s. 

So what this amendment would do is say we expect these textbooks to meet the standard that I have described, to not treat as 

fact the protocols of the Elders of Zion forgery—and that if we are 

going to aid the Palestinian Authority we expect them to have textbooks that meet these minimal pro-peace standards, or at least not 

incitement to violence standards. 

Now my colleague from California puts forward the argument, 

well, what if the Palestinian Authority did absolutely everything 

perfect but they still had in their textbooks the offending language? 

I would say that if we were trying to draft a statute that was 

mandatory on the State Department that that level of detailed concern would be appropriate and that I would want to work out very 

explicit language. But this is, after all, simply a sense of Congress 

resolution designed to demonstrate that we think the contents of 

these textbooks, which are under the control of the Palestinian Authority, are of importance to this Committee and importance to this 

Congress and that we expect the Palestinian Authority to, in its reform of these textbooks, actually reform them. 

I yield back. 

Mr. SMITH. The Chair recognizes Ms. Lee. 

Ms. LEE. Thank you, Mr. Chairman. I have a perfecting amendment at the desk. 

Mr. SMITH. The clerk will report, designate the perfecting amendment. 

The CLERK. Amendment to the amendment by Mr. Sherman offered by Ms. Lee. On my line 9, page 2, after support——

Mr. SMITH. Without objection, the amendment will be considered 

as read. The gentlelady is recognized in favor of her perfecting 

amendment. 

[The amendment referred to follows:]

129


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Ms. LEE. Thank you very much, Mr. Chairman. Let me thank 

Mr. Sherman for this amendment and just say to him, as one who 

has experienced racism all of her life and sexism, I fully support 

exactly what you are saying and what you are doing with this 

amendment. 

In no way should the United States allow our money to support 

any type of textbook efforts that have any kind of anti-Semitism 

anywhere in these books or in educational materials. 

Let me say also I met with President Abbas yesterday. Of course 

he indicated that they are doing everything that they can do to 

stamp out, not only violence, but the culture of violence, and are 

committed to that, in addition to being committed to the roadmap 

and the peace process, which I am sure we all are also. 

This is a defining moment, I think, in the Middle East peace 

process in terms of Israel and the Palestinian Authority and the 

Palestinian people. 

I believe that this resolution is a resolution that should move forward. But I would say to Mr. Sherman that I don’t believe at this 

moment we should say we would withdraw our support, our total 

support for the Palestinian Authority if in fact the progress is not 

made in the textbook, rewriting of the textbooks and educational 

materials, because they are working on this. As you indicated in 

your resolution, the Palestinian Authority has undertaken this 

process. 

And so what my amendment does is just insert on line 9 where 

it says ‘‘where we expressed the unwillingness of the United States 

to continue to support the Palestinian Authority,’’ all I am saying 

is rather than this resolution saying we blanketly would withdraw 

support from the Palestinian Authority, we would say ‘‘continue to 

support the reform of the textbooks in terms of our contribution.’’

That way it is a very important resolution, and I think it should 

be more than a sense of Congress resolution. I think this should 

be real, and I think that we should send a message, but I don’t 

think we should just say we will withdraw support of the Palestinian community if we are attempting to make progress. We all 

agree that anti-Semitism and the promotion of violence and all of 

the things that we abhor are taking place. 

So I would ask Mr. Sherman to consider this, because I think 

this is a very reasonable and practical perfecting amendment. 

Mr. SHERMAN. I would like to meet—and if the gentlelady would 

yield, I think I could meet you halfway by saying we would insert 

the words ‘‘continue to support educational programs of.’’ I don’t 

think that we should be supporting building schools and paying 

teachers for schools in which hatred is taught in the textbooks in 

those schools. So I think if we are going to support the educational 

programs of the Palestinian Authority, we should insist that those 

educational programs do not foster anti-Semitism and do not foster 

the rejection of peace. 

So rather than just saying that if the textbooks teach war we 

won’t fund the textbooks, we say if the textbooks teach war we 

won’t fund the educational programs. 

Mr. SMITH. Just a point of clarification with both of you. If Ms. 

Lee’s language were to be accepted, it would read to express the 

unwillingness of the United States to support the textbooks. So the 

131

word ‘‘unwillingness’’ hangs out there as an unintended bit of language. 

While you are looking at that, I would just recognize myself for 

a moment to point out that, you know, Mr. Sherman, I appreciate 

you bringing this amendment to the floor. In a previous Congress, 

I and our distinguished Ranking Member of the Full Committee offered an amendment that would put us on record opposing the ongoing use of textbooks to promote anti-Semitism and anti-Israeli 

beliefs by the Palestinian Authority. So I think that continues this 

effort. So I think the general thrust of it is good. 

I think Ms. Lee makes a good point. We do support the Palestinian Authority. We think that it is a viable government entity. 

We want them to be on the side of reform, and aggressive reform 

at that, when it comes to anti-Semitism and hate that is often contained inside the covers of these textbooks. 

Mr. Payne. 

Mr. PAYNE. Yes, I, too, think that anti-Semitism, which is in 

textbooks, is not the way to go. I think the truth is the light and 

I will support the amendment. However, I think that the timing is 

absolutely, totally wrong, even though I will support Ms. Lee’s 

amendment. 

I think that when we have—totally opposed to textbooks that are 

as characterized by Mr. Sherman. They certainly have no place, especially no place since the U.S. is supporting this. 

However, when we have a new leader of the Palestinian Authority, Mahmoud Abbas has said not only is he against violence, that 

he says it goes even deeper. He said he is against the cultural violence, which is the first time that anyone has ever said the cultural 

violence. He is having a struggle for his own life because I would 

not be surprised if the militants have plans to try to assassinate 

him, because he is certainly going against some of the very radical 

militants. 

As a person who is so doing—he said 90 percent of terror, there 

has been a 90 percent of reduction in the area of his authority and 

he is going for the rest. I think this is an important issue. But as 

we find someone who is not only against violence, but the culture 

of violence, then to bring this up at this time, I think, to me it is 

important. I think it would be something that I would prefer to see 

State Department and our officials discuss with them and have 

some standards. 

Like I said, I will support it, because if I didn’t I would be considered anti-Semitic. So I don’t need to go through that every year. 

I just think the timing is bad. I could not agree more with it. I 

think that when we find someone who is really attempting to come 

up—because there has got to be a solution to the problem in the 

Middle East. This is about the best thing that we have got compared to the rest in 25 years. I think that he would want—if he 

is going to fight against violence and the cultural violence, I would 

be sure that he would want to see these textbooks changed because 

that is not what is going to change the cultural violence. 

So I just think that, like I said, I certainly will go along with it. 

I just think that, like I said, once we find someone who is trying 

to go against those radical militant murderers, his life is in jeopardy every day, not that this puts him in more jeopardy, but I 

132

think we need to show a little more support for what he is attempting to do. 

We just had a bill passed in the State legislature in New Jersey. 

My brother—the Amistad bill, you know what it is, that New Jersey can no longer have discrimination in history. The Amistad legislation. You frown. What I mean by that is—that is all right. You 

didn’t say anything. 

What I mean by that is that we hear about, you know, Patrick 

Henry, but not about Chris Satter, who was the first person to die 

in the Civil War. We hear about Admiral Byrd, but we don’t hear 

about Matthew Henson who really discovered the North Pole. We 

don’t hear about the Buffalo Soldiers, Battle of San Juan Hill, 

President Roosevelt to be saved by the Buffalo Soldiers totally excluded. We don’t hear about my uncle who was in the invasion of 

Normandy because they didn’t give any African-Americans letters 

because they said they didn’t exist in the invasion of Normandy. 

So I, one who has lived as a history teacher, the textbooks of 

Muzzy, that were taught—and everybody my age or below had 

Muzzy. That was the one history book used all over the United 

States—and excluded the Tuskegee Airmen that never lost a plane. 

On and on and on. 

So I am simply saying this is something that is very passionate 

to me because I have seen the exclusion of—we saw Sergeant York 

as a kid in World War I. There was a guy, Private Johnson, who 

held 30 Germans, kept them a month by himself, he and a fellow 

from New Jersey that did it alone. 

So you are talking about exclusion. This is really passionate with 

me. Like I said, I think your concept is right, but I think that when 

we finally got someone, I would hope that we can support the new 

head of the Palestinian Authority because this Middle East situation has to end. Like I said, I just think that the timing—well, it 

is a sense of Congress, so I probably did enough damage already. 

Well, I yield back to Ms. Lee. 

Mr. SMITH. Ms. Lee, I understand you have a perfected text. 

Ms. LEE. Thank you, Mr. Chairman, yes. I ask unanimous consent to modify my amendment to read on page 2, line 9, we insert 

‘‘educational programs of,’’ that is after ‘‘support.’’

Mr. SMITH. Is there objection? No objection. I understand, Mr. 

Royce, you wanted to speak to the issue? The Chair recognizes Mr. 

Royce. 

Mr. ROYCE. No, Mr. Chairman. I am going to speak to the prior 

issue. So when you have dispensed with this, I am happy to be recognized. 

Thank you. 

Mr. SMITH. Mr. Sherman. 

Mr. SHERMAN. Yes, I would just like to say with Ms. Lee modifying her amendment, that amendment is acceptable to me. I would 

like unanimous consent that my amendment contain the three 

words that she suggested. 

Mr. SMITH. Sure, okay. The vote then occurs on the Lee amendment. 

All those in favor, signify by saying aye. Opposed, no. 

The ayes have it. The amendment, as perfected by the Lee 

amendment, is agreed to. 

133

Now the vote occurs on the Sherman amendment, as amended. 

The vote occurs on the Sherman amendment. 

All those in favor, signify by saying aye. Opposed, no. 

The ayes have it. As perfected by the Lee amendment, it is 

agreed to. 

My understanding—the Chair recognizes Mr. Royce. 

Mr. ROYCE. Thank you, Mr. Chairman. I do seek recognition. 

This concerns Mr. Sherman’s amendment on the A.Q. Khan network. While I support the thrust of the amendment, I would like 

to go on record expressing possible reservations about specific provisions. The amendment deals with an issue clearly within the 

Subcommittee that I chair, with Mr. Sherman as the Ranking 

Member on that Committee. I didn’t see this amendment until just 

now. 

At Full Committee we will review this. I may offer amendments 

at Full Committee level. But my issue here is about process, and 

I just wanted to raise it. 

I thank you very much, Mr. Chairman, for recognizing me. 

Mr. SMITH. Thank you very much, Chairman Royce. Are there 

any further amendments? 

Mr. Sherman. 

Mr. SHERMAN. Yes, I have one final amendment at the desk. 

Mr. SMITH. Clerk will designate the amendment. 

The CLERK. I am not sure which one it is. 

Mr. SHERMAN. This is positions at State Department and the 

U.S. Agency for International Development. 

The CLERK. Amendment offered by Mr. Sherman: At the appropriate place in the bill insert the following——

Mr. SMITH. Mr. Sherman, if you could dispense with the reading, 

you were going to waive? 

[The amendment referred to follows:]

134

1

H.L.C.

AMENDMENT TO H.R. 2601

OFFERED BY MR. SHERMAN OF CALIFORNIA

At the appropriate place in the bill insert the following (and conform the table of contents of accordingly):

1 SEC. ll. POSITIONS AT THE DEPARTMENT OF STATE AND

2 THE UNITED STATES AGENCY FOR INTER3 NATIONAL DEVELOPMENT.

4 For purposes of appointment to a civil service posi5 tion at the Department of State of an employee of the

6 United States Agency for International Development, or

7 at the United States Agency for International Develop8 ment of an employee of the Department of State, any pe9 riod of service performed at a position at the Department

10 or at the Agency, respectively, shall be taken into account

11 in the same extent and manner as if such service had been

12 performed in the appointing agency.


21401m.AAB
135

Mr. SHERMAN. Yes. Let me simply say that I look forward to 

working with the State Department to improve this. I look forward 

to working with Mr. Royce on the Pakistan language. I withdraw 

this amendment. 

Mr. SMITH. Thank you very much. Are there any further amendments? 

If not, the question occurs on the amendment. All in favor of the 

motion to report the legislation to the Full Committee, all those in 

favor say aye. Those opposed. 

The ayes have it and the legislation is agreed to. 

The question occurs. Without objection, the bill will be reported 

favorably to the Full Committee in the form of a single amendment 

in the nature of a substitute incorporating the amendments offered 

here today. 

Without objection, the staff is directed to make technical and 

conforming amendments to it. 

I want to thank all of my colleagues for being here today and for 

your very active participation. 

We are adjourned. 

[Whereupon, at 3:40 p.m., the Subcommittee was adjourned.]

Æ