U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001

37–972PDF 2008

VARIOUS BILLS AND RESOLUTIONS

MARKUP

BEFORE THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED TENTH CONGRESS

FIRST SESSION

ON

H.R. 2828, H.R. 3432, H. Res. 405, H. Res. 624,

H. Res. 635, H. Res. 651, H. Con. Res. 200,

H. Con. Res. 203, H.R. 2003, S. 1612 and

H. Res. 676

SEPTEMBER 26, 2007

Serial No. 110–122

Printed for the use of the Committee on Foreign Affairs

(

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

(II)

COMMITTEE ON FOREIGN AFFAIRS 

TOM LANTOS, California, Chairman 

HOWARD L. BERMAN, California 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

BRAD SHERMAN, California 

ROBERT WEXLER, Florida 

ELIOT L. ENGEL, New York 

BILL DELAHUNT, Massachusetts 

GREGORY W. MEEKS, New York 

DIANE E. WATSON, California 

ADAM SMITH, Washington 

RUSS CARNAHAN, Missouri 

JOHN S. TANNER, Tennessee 

GENE GREEN, Texas 

LYNN C. WOOLSEY, California 

SHEILA JACKSON LEE, Texas 

RUBE ́ N HINOJOSA, Texas 

JOSEPH CROWLEY, New York 

DAVID WU, Oregon 

BRAD MILLER, North Carolina 

LINDA T. SA ́ NCHEZ, California 

DAVID SCOTT, Georgia 

JIM COSTA, California 

ALBIO SIRES, New Jersey 

GABRIELLE GIFFORDS, Arizona 

RON KLEIN, Florida 

ILEANA ROS-LEHTINEN, Florida 

CHRISTOPHER H. SMITH, New Jersey 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

DANA ROHRABACHER, California 

DONALD A. MANZULLO, Illinois 

EDWARD R. ROYCE, California 

STEVE CHABOT, Ohio 

THOMAS G. TANCREDO, Colorado 

RON PAUL, Texas 

JEFF FLAKE, Arizona 

JO ANN DAVIS, Virginia 

MIKE PENCE, Indiana 

JOE WILSON, South Carolina 

JOHN BOOZMAN, Arkansas 

J. GRESHAM BARRETT, South Carolina 

CONNIE MACK, Florida 

JEFF FORTENBERRY, Nebraska 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

BOB INGLIS, South Carolina 

LUIS G. FORTUN ̃ O, Puerto Rico 

GUS BILIRAKIS, Florida 

ROBERT R. KING, Staff Director 

YLEEM POBLETE, Republican Staff Director 

DAVID S. ABRAMOWITZ, Chief Counsel 

LAURA RUSH, Professional Staff Member/Security Officer 

GENELL BROWN, Full Committee Hearing Coordinator 

(III)

C O N T E N T S 

Page

MARKUP OF 

H.R. 2828, To provide compensation to relatives of United States citizens 

who were killed as a result of the bombings of United States Embassies 

in East Africa on August 7, 1998 ........................................................................ 3

Amendment in the nature of a substitute to H.R. 2828 offered by the 

Honorable Tom Lantos, a Representative in Congress from the State 

of California, and Chairman, Committee on Foreign Affairs ....................... 6

H.R. 3432, To establish the 200th Anniversary Commemoration Commission 

of the Abolition of the Transatlantic Slave Trade, and for other purposes ..... 9

Amendment in the nature of a substitute to H.R. 3432 offered by the 

Honorable Donald M. Payne, a Representative in Congress from the 

State of New Jersey .......................................................................................... 23

H. Res. 405, Expressing the strong support of the House of Representatives 

for implementation of the July 8, 2006, United Nations-brokered agreement 

between President of the Republic of Cyprus Tassos Papadopoulos and 

Turkish Cypriot leader Mehmet Ali Talat relating to the reunification of 

Cyprus ................................................................................................................... 37

Amendment in the nature of a substitute to H. Res. 405 offered by the 

Honorable Tom Lantos and the Honorable Ileana Ros-Lehtinen, a Representative in Congress from the State of Florida ......................................... 41

H. Res. 624, Congratulating the State of Israel on chairing a United Nations 

committee for the first time in history ............................................................... 45

Amendment in the nature of a substitute to H. Res. 624 offered by the 

Honorable Tom Lantos and the Honorable Ileana Ros-Lehtinen ................. 49

H. Res. 635, Recognizing the commencement of Ramadan, the Islamic holy 

month of fasting and spiritual renewal, and commending Muslims in the 

United States and throughout the world for their faith ................................... 55

Amendment in the nature of a substitute to H. Res. 635 offered by the 

Honorable Tom Lantos and the Honorable Ileana Ros-Lehtinen ................. 57

H. Res. 651, Recognizing the warm friendship and expanding strategic relationship between the United States and Brazil, commending Brazil on 

successfully reducing its dependence on oil by finding alternative ways 

to satisfy its energy needs, and recognizing the importance of the March 

9, 2007, United States-Brazil Memorandum of Understanding (MOU) on 

biofuels cooperation .............................................................................................. 61

Committee print of H. Res. 651 showing the amendment adopted by the 

Subcommittee on the Western Hemisphere of the Committee on Foreign 

Affairs on September 19, 2007 ........................................................................ 66

H. Con. Res. 200, Expressing the sense of Congress regarding the immediate 

and unconditional release of Daw Aung San Suu Kyi ...................................... 71

Amendment in the nature of a substitute to H. Con. Res. 200 offered 

by the Honorable Tom Lantos ......................................................................... 75

H. Con. Res. 203, Condemning the persecution of labor rights advocates 

in Iran ................................................................................................................... 81

Amendment in the nature of a substitute to H. Con. Res. 203 offered 

by the Honorable Tom Lantos and the Honorable Ileana Ros-Lehtinen ..... 83

H.R. 2003, To encourage and facilitate the consolidation of peace and security, 

respect for human rights, democracy, and economic freedom in Ethiopia ...... 87

Amendment in the nature of a substitute to H.R. 2003 offered by the 

Honorable Tom Lantos ..................................................................................... 107

Amendment to H.R. 2003 offered by the Honorable Dana Rohrabacher, 

a Representative in Congress from the State of California .......................... 120

Page

IV

S. 1612, To amend the penalty provisions in the International Emergency 

Economic Powers Act, and for other purposes ................................................... 136

Amendment to S. 1612 offered by the Honorable Mike Pence, a Representative in Congress from the State of Indiana .................................................... 155

H. Res. 676, Declaring that it shall continue to be the policy of the United 

States, consistent with the Taiwan Relations Act, to make available to 

Taiwan such defense articles and services as may be necessary for Taiwan 

to maintain a sufficient self-defense capability ................................................. 164

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD 

Letter and enclosure addressed to the Honorable Donald A. Manzullo, a 

Representative in Congress from the State of Illinois, dated September 

26, 2007, from the United States Department of Commerce ........................... 140

Letter, dated September 25, 2007, from the Department of the Treasury 

to the Honorable Tom Lantos ............................................................................. 152

APPENDIX 

The Honorable Diane E. Watson, a Representative in Congress from the 

State of California: Prepared statement ............................................................ 169

(1)

VARIOUS BILLS AND RESOLUTIONS 

WEDNESDAY, SEPTEMBER 26, 2007

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON FOREIGN AFFAIRS, 

Washington, DC. 

The committee met, pursuant to notice, at 10:04 a.m. in room 

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

of the committee) presiding. 

Chairman LANTOS. The meeting of the committee will come to 

order. 

Before proceeding to the measures noted to members of the committee, I want to recognize the distinguished ranking member, Ms. 

Ileana Ros-Lehtinen, my good friend from Florida, and my good 

friend from New York, Mr. Engel, who have introduced H.R. 2332 

relating to Syria. 

The threat posed by Syria to the Middle East region has been 

very much on our minds in recent days, and I look forward to 

working with my distinguished colleagues to get this legislation 

ready for markup in October. 

Ms. Ros-Lehtinen? 

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

It is always a pleasure to work with you and your staff. This is 

one of the committees that works on a bipartisan level, and I thank 

you so much for your commitment to take up the bill that I have 

been working on with my good friend, Eliot Engel, the Syria Accountability and Liberation Act. 

As noted in today’s paper, it is reported that three terrorism suspects arrested this month in Germany had acquired detonators 

that originated in Syria, so we look forward to continuing this 

working relationship with you and your staff to move this bill in 

the next committee markup. 

Thank you, Mr. Chairman. 

Chairman LANTOS. Thank you very much. 

We have a series of noncontroversial bills on the agenda. It is the 

intention of the chair to consider these measures en bloc and by 

unanimous consent authorize the chair to seek consideration of the 

bills under suspension of the rules. All members are given leave to 

insert remarks on the measures into the record should they choose 

to do so. 

The chair notes that certain measures were added to the committee’s agenda only a short time ago, and the chair wishes to advise 

the members that the chair and the ranking member intend to reVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG
2

view these measures as they move forward in the legislative process. 

Would you like to say something at this time? 

Ms. ROS-LEHTINEN. No. Thank you very much. 

Chairman LANTOS. Without objection, the chairman is authorized 

to seek consideration of the following bills under suspension of the 

rules, and the amendments to those measures which the members 

have before them shall be deemed adopted: H.R. 2828, To provide 

compensation to relatives of United States citizens who were killed 

as a result of the bombings of the United States Embassies in East 

Africa on August 7, 1998; H.R. 3432, To establish the 200th Anniversary Commemoration Commission of the Abolition of the Transatlantic Slave Trade; H.R. 405, Expressing support of the House of 

Representatives for implementation of the July 8, 2006, United Nations-brokered agreement relating to the reunification of Cyprus; 

H. Res. 624, Congratulating the State of Israel on chairing a 

United Nations committee for the first time in history; H. Res. 635, 

Recognizing the commencement of Ramadan, the Islamic holy 

month of fasting, and commending Muslims in the United States 

and throughout the world for their faith; H. Res. 651, Recognizing 

the warm friendship and expanding strategic relationship between 

the United States and Brazil, recognizing the importance of the 

March 9, 2007, United States-Brazil Memorandum of Understanding on biofuels cooperation; H. Con. Res. 200, Expressing the 

sense of Congress regarding the immediate and unconditional release of Daw Aung San Suu Kyi by the Government of Burma; and 

H. Con. Res. 203, Condemning the persecution of labor rights advocates in Iran. 

[The information referred to follows:]

3

1

I

110TH CONGRESS

1ST SESSION H. R. 2828

To provide compensation to relatives of United States citizens who were

killed as a result of the bombings of United States Embassies in East

Africa on August 7, 1998.

IN THE HOUSE OF REPRESENTATIVES

JUNE 22, 2007

Mr. JACKSON of Illinois (for himself and Mr. BLUNT) introduced the following

bill; which was referred to the Committee on Foreign Affairs

A BILL

To provide compensation to relatives of United States citizens who were killed as a result of the bombings of

United States Embassies in East Africa on August 7,

1998.

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

3 SECTION 1. COMPENSATION FOR UNITED STATES CITIZENS

4 WHO WERE VICTIMS OF THE BOMBINGS OF

5 UNITED STATES EMBASSIES IN EAST AFRICA

6 ON AUGUST 7, 1998.

7 (a) PURPOSE.—The purpose of this section is to pro8 vide compensation to relatives of United States citizens


37972a.AAB
4

2

•HR 2828 IH

1 who were killed as a result of the bombings of United

2 States Embassies in East Africa on August 7, 1998.

3 (b) COMPENSATION AUTHORIZED.—The Secretary of

4 State is authorized to provide compensation to the per5 sonal representative of a decedent who is an eligible indi6 vidual described in subsection (c).

7 (c) ELIGIBLE INDIVIDUALS.—A decedent is an eligi8 ble individual for purposes of this subsection if the indi9 vidual was a citizen of the United States who—

10 (1) was present at the United States Embassy

11 in Nairobi, Kenya, or the United States Embassy in

12 Dar es Salaam, Tanzania, at the time, or in the im13 mediate aftermath, of the bombings of United States

14 embassies in East Africa on August 7, 1998; and

15 (2) suffered death as a result of such a bomb16 ing.

17 (d) EQUITABLE DISTRIBUTION.—To the maximum

18 extent practicable, the Secretary of State shall ensure an

19 equitable distribution of amounts of compensation under

20 this section among the personal representatives of dece21 dents who are eligible individuals described in subsection

22 (c).

23 (e) REGULATIONS.—The Secretary of State is au24 thorized to promulgate such regulations as may be nec25 essary to carry out this section.


37972a.AAC
5

3

•HR 2828 IH

1 (f) AUTHORIZATION OF APPROPRIATIONS.—To carry

2 out this section, there is authorized to be appropriated to

3 the Secretary of State $18,000,000.

Æ


37972a.AAD
6

1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 2828

OFFERED BY MR. LANTOS OF CALIFORNIA

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Foreign Service Vic3 tims of Terrorism Act of 2007’’.

4 SEC. 2. DEATH GRATUITY.

5 Section 413 of the Foreign Service Act of 1980 (22

6 U.S.C. 3973) is amended—

7 (1) in subsection (a), in the first sentence, by

8 striking ‘‘at the time of death’’ and inserting ‘‘at

9 level II of the Executive Schedule at the time of

10 death, except that in the case of foreign national em11 ployees, foreign nationals appointed under section

12 303, and locally employed staff the amount shall be

13 equal to one year’s basic salary at the highest step

14 of the highest grade on the local compensation plan

15 of the country in which the foreign national or lo16 cally employed staffer was being paid’’;

17 (2) by redesignating subsection (d) as sub18 section (e); and


37972b.AAB
7

2

H.L.C.

1 (3) by inserting after subsection (c) the fol2 lowing new subsection:

3 ‘‘(d) In addition to a death gratuity payment under

4 subsection (a), the Secretary or the head of the relevant

5 United States Government agency is authorized to provide

6 for payment to the surviving dependents of a Foreign

7 Service employee or a Government executive branch em8 ployee, if such Foreign Service employee or Government

9 executive branch employee is subject to the authority of

10 the chief of mission pursuant to section 207, of an amount

11 equal to a maximum of eight times the salary of such For12 eign Service employee or Government executive branch

13 employee if such Foreign Service employee or Government

14 executive branch employee is killed as a result of an act

15 of international terrorism. Such payment shall be accorded

16 the same treatment as a payment made under subsection

17 (a). For purposes of this subsection, the term ‘act of inter18 national terrorism’ has the meaning given such term in

19 section 2331(1) of title 18, United States Code.’’.

20 SEC. 3. PAYMENTS TO FAMILIES OF CERTAIN VICTIMS OF

21 TERRORISM.

22 Subject to the availability of appropriations, and not23 withstanding any other provision of law, the Secretary of

24 State shall pay the maximum amount of payment under

25 section 413(d) of the Foreign Service Act of 1980 (as


37972b.AAC
8

3

H.L.C.

1 amended by section 2(3) of this Act) to an individual de2 scribed in such section 413(d) or to an individual who was

3 otherwise serving at a United States diplomatic or con4 sular mission abroad without a regular salary who was

5 killed as a result of an act of international terrorism (as

6 such term is defined in section 2331(1) of title 18, United

7 States Code) that occurred between January 1, 1998, and

8 the date of the enactment of this Act, including the victims

9 of the bombing of August 7, 1998, in Nairobi, Kenya.

10 Such a payment shall be deemed to be a payment under

11 section 413(d) of the Foreign Service Act of 1980, except

12 that for purposes of this section, such payment shall be

13 in an amount equal to ten times the salary specified in

14 this section. For purposes of this section and section

15 413(d) of such Act, with respect to a United States citizen

16 receiving payment under this section, the salary to be used

17 for purposes of determining such payment shall be

18 $94,000.


37972b.AAD
9

1

I

110TH CONGRESS

1ST SESSION H. R. 3432

To establish the 200th Anniversary Commemoration Commission of the

Abolition of the Transatlantic Slave Trade, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 3, 2007

Mr. PAYNE (for himself, Mr. JEFFERSON, Ms. LEE, Ms. KILPATRICK, Mr.

LEWIS of Georgia, Ms. CLARKE, Mr. RUSH, Mr. CONYERS, and Ms.

JACKSON-LEE of Texas) introduced the following bill; which was referred

to the Committee on Foreign Affairs

A BILL

To establish the 200th Anniversary Commemoration Commission of the Abolition of the Transatlantic Slave

Trade, 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 ‘‘200th Anniversary

5 Commemoration Commission of the Abolition of the

6 Transatlantic Slave Trade Act of 2007’’.

7 SEC. 2. FINDINGS AND PURPOSE.

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


37972c.AAB
10

2

•HR 3432 IH

1 (1) On March 3, 1807, President Thomas Jef2 ferson signed into law a bill approved by Congress

3 ‘‘An Act to prohibit the importation of slaves into

4 any port or place within the jurisdiction of the

5 United States’’ and made it unlawful ‘‘to import or

6 bring into the United Sates or territories thereof

7 from any foreign kingdom, place or country, any

8 negro, mulatto, or person of colour, with intent to

9 hold, sell, or dispose of such . . . as a slave, or to be

10 held to service or labour’’.

11 (2) Article I, Section 9 of the United States

12 Constitution clearly spelled out that the inter13 national slave trade could not be banned before

14 1808, and it is only on January 1, 1808, that the

15 American Act went into effect.

16 (3) An Act entitled ‘‘An Act to continue in

17 force ‘An act to protect the commerce of the United

18 States, and punish the crime of piracy,’ and also to

19 make further provisions for punishing the crime of

20 piracy’’, enacted May 15, 1820, made it unlawful for

21 any citizen of the United States to engage ‘‘in the

22 slave trade, or . . . , being of the crew or ship’s com23 pany of any ship . . . , seize any negro or mulatto . . .

24 with the intent to make . . . a slave . . . or forcibly

25 bring . . . on board any such ship . . . .’’.


37972c.AAC
11

3

•HR 3432 IH

1 (4) The transatlantic slave trade was the cap2 ture and procurement of Africans, mostly from West

3 Africa, in order to bring them to the United States

4 and the colonies that became the United States, for

5 the purpose of enslavement between the sixteenth

6 and late nineteenth centuries.

7 (5) The Middle Passage was the forced migra8 tion through overseas transport of millions of Afri9 cans to the Americas, many of whom suffered abuses

10 of rape and perished as a result of torture, malnutri11 tion, disease, and resistance in transit, with those

12 who survived sold into slavery.

13 (6) During the transatlantic slave trade more

14 than 12,000,000 Africans were transported in bond15 age from their African homelands to the Americas.

16 (7) The thirteenth amendment to the Constitu17 tion of the United States recognizes that ‘‘Neither

18 slavery nor involuntary servitude, except as a pun19 ishment for crime whereof the party shall have been

20 duly convicted, shall exist within the United States,

21 or any place subject to their jurisdiction.’’.

22 (8) The slave trade and the legacy of slavery

23 continue to have a profound impact on social and

24 economic disparity, hatred, bias, racism, and disVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00015 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG

37972c.AAD
12

4

•HR 3432 IH

1 crimination, and continue to affect people of African

2 descent today.

3 (9) In 2007, the British Parliament marked the

4 200th anniversary of the abolition of the slave trade

5 in the former British Empire with plans launched by

6 the Department for Education and Skills which pro7 vided joint funding of £910,000 ($1,800,000) for

8 the understanding slavery initiative, and the Herit9 age Lottery Fund announced awards of over

10 £20,000,000 ($40,000,000) for projects to com11 memorate the anniversary.

12 (b) PURPOSE.—The purpose of this Act is to estab13 lish the 200th Anniversary Commemoration Commission

14 of the Abolition of the Transatlantic Slave Trade to—

15 (1) ensure a suitable national observance of the

16 200th anniversary of the abolition of the trans17 atlantic slave trade by sponsoring and supporting

18 commemorative programs;

19 (2) cooperate with and assist the programs and

20 activities throughout the United States in observ21 ance of the 200th anniversary of the abolition of the

22 transatlantic slave trade;

23 (3) assist in ensuring that the observations of

24 the 200th anniversary of the abolition of the trans25 atlantic slave trade are inclusive and appropriately


37972c.AAE
13

5

•HR 3432 IH

1 recognize the experiences of all people during this

2 period in history; and

3 (4) support and facilitate international involve4 ment in observances of the 200th anniversary of the

5 abolition of the transatlantic slave trade act.

6 SEC. 3. ESTABLISHMENT.

7 There is established a commission to be known as the

8 ‘‘Transatlantic Slave Trade 200th Anniversary Commis9 sion’’ (referred to in this Act as the ‘‘Commission’’).

10 SEC. 4. THE TRANSATLANTIC SLAVE TRADE 200TH ANNI11 VERSARY COMMISSION.

12 (a) MEMBERSHIP.—

13 (1) IN GENERAL.—The Commission shall be

14 composed of 9 members, of whom—

15 (A) 4 shall be appointed by the Speaker of

16 the House of Representatives;

17 (B) 3 shall be appointed by the majority

18 leader of the Senate;

19 (C) 1 shall be appointed by the minority

20 leader of the House of Representatives; and

21 (D) 1 shall be appointed by the minority

22 leader of the Senate.

23 (2) QUALIFICATIONS.—Members of the Com24 mission shall be individuals with demonstrated ex25 pertise or experience in the study and program faVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00017 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG

37972c.AAF
14

6

•HR 3432 IH

1 cilitation on the transatlantic slave trade and the in2 stitution of slavery as it relates to the United States,

3 or both.

4 (3) TERM; VACANCIES.—

5 (A) TERM.—A member of the Commission

6 shall be appointed for the life of the Commis7 sion.

8 (B) VACANCIES.—

9 (i) IN GENERAL.—A vacancy on the

10 Commission shall be filled in the same

11 manner in which the original appointment

12 was made.

13 (ii) PARTIAL TERM.—A member ap14 pointed to fill a vacancy on the Commis15 sion shall serve for the remainder of the

16 term for which the predecessor of the

17 member was appointed.

18 (4) MEETINGS.—

19 (A) IN GENERAL.—The Commission shall

20 meet—

21 (i) as many times as necessary; or

22 (ii) at the call of the Chairperson or

23 the majority of the members of the Com24 mission.


37972c.AAG
15

7

•HR 3432 IH

1 (B) INITIAL MEETING.—Not later than 30

2 days after the date on which all members of the

3 Commission have been appointed, the Commis4 sion shall hold its initial meeting.

5 (C) APPOINTMENT OF CHAIRPERSON AND

6 EXECUTIVE DIRECTOR.—Not later than 60 days

7 after the date on which all members of the

8 Commission have been appointed, the Commis9 sion shall—

10 (i) designate 1 of the members as

11 Chairperson; and

12 (ii) select an executive director as de13 scribed under subsection (d)(2).

14 (5) VOTING.—

15 (A) IN GENERAL.—The Commission shall

16 act only on an affirmative vote of a majority of

17 the members of the Commission.

18 (B) QUORUM.—A majority of the members

19 of the Commission shall constitute a quorum

20 for conducting business but fewer members may

21 meet or hold hearings.

22 (b) DUTIES.—

23 (1) IN GENERAL.—The Commission shall—

24 (A) plan, develop, and execute programs

25 and activities appropriate to commemorate the


37972c.AAH
16

8

•HR 3432 IH

1 200th anniversary of the abolition of the trans2 atlantic slave trade;

3 (B) facilitate commemoration-related ac4 tivities throughout the United States;

5 (C) encourage civic, historical, educational,

6 religious, economic, and other organizations, as

7 well as State and local governments, throughout

8 the United States to organize and participate in

9 anniversary activities to expand the under10 standing and appreciation of the significance of

11 the transatlantic slave trade and the institution

12 of slavery particularly as it relates to the

13 United States, or both;

14 (D) coordinate and facilitate for the public

15 scholarly research on, publication about, and in16 terpretation of, the transatlantic slave trade

17 and the institution of slavery particularly as it

18 relates to the United States, or both;

19 (E) assist in the development of appro20 priate programs and facilities to ensure that the

21 200th anniversary of the abolition of the trans22 atlantic slave trade provides a lasting legacy

23 and long-term public benefit;

24 (F) support and facilitate marketing ef25 forts for the issuance of a commemorative coin,


37972c.AAI
17

9

•HR 3432 IH

1 postage stamp, and related activities for observ2 ances;

3 (G) facilitate the convening of a joint

4 meeting or joint session of the Congress for

5 ceremonies and activities relating to the trans6 atlantic slave trade and the institution of slav7 ery particularly as it relates to the United

8 States, or both;

9 (H) promote the sponsorship of con10 ferences, exhibitions, or public meetings con11 cerning the transatlantic slave trade and the in12 stitution of slavery particularly as it relates to

13 the United States, or both;

14 (I) coordinate and facilitate the sponsor15 ship of high school and collegiate essay contests

16 concerning the transatlantic slave trade and the

17 institution of slavery particularly as it relates to

18 the United States, or both;

19 (J) examine reports of modern-day slavery

20 and human trafficking to raise the public’s

21 awareness of these matters and ensure such

22 atrocities do not go unnoticed by the people of

23 the United States.

24 (2) REPORT.—Not later than 11 months after

25 the date of the enactment of this Act, the CommisVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00021 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG

37972c.AAJ
18

10

•HR 3432 IH

1 sion shall submit to the Congress a report con2 taining a summary of the activities of the Commis3 sion.

4 (c) POWERS OF THE COMMISSION.—The Commission

5 may—

6 (1) recommend to the Congress the activities

7 that the Commission considers most fitting and

8 proper to commemorate the anniversary of the aboli9 tion of the transatlantic slave trade and the entity

10 in the Federal Government that the Commission

11 considers most appropriate to carry out such activi12 ties;

13 (2) accept donations and gifts, and make dis14 persions of money, personal services, and real and

15 personal property related to the transatlantic slave

16 trade, the institution of slavery, and the significance

17 of slavery to the history of the United States;

18 (3) appoint such advisory committees as the

19 Commission determines necessary to carry out this

20 Act;

21 (4) authorize any member or employee of the

22 Commission to take any action that the Commission

23 is authorized to take under this Act;

24 (5) procure supplies, services, and property, and

25 make or enter into contracts, leases, or other legal


37972c.AAK
19

11

•HR 3432 IH

1 agreements, to carry out this Act (except that any

2 contracts, leases, or other legal agreements made or

3 entered into by the Commission shall not extend be4 yond the date of the termination of the Commis5 sion); and

6 (6) use the United States mails in the same

7 manner and under the same conditions as other

8 Federal agencies;

9 (d) PERSONNEL MATTERS.—

10 (1) COMPENSATION OF MEMBERS OF THE COM11 MISSION.—

12 (A) BASIC PAY.—Members of the Commis13 sion shall not receive compensation for the per14 formance of their duties on behalf of the Com15 mission.

16 (B) TRAVEL EXPENSES.—A member of the

17 Commission shall be allowed travel expenses, in18 cluding per diem in lieu of subsistence, at rates

19 authorized for an employee of an agency under

20 subchapter I of chapter 57 of title 5, United

21 States Code, while away from their homes or

22 regular place of business in the performance of

23 the duties on behalf of the Commission.

24 (2) STAFF.—


37972c.AAL
20

12

•HR 3432 IH

1 (A) IN GENERAL.—The Chairperson of the

2 Commission may, without regard to the civil

3 service laws (including regulations), appoint

4 and terminate an executive director and such

5 other additional personnel as are necessary to

6 enable the Commission to perform its duties.

7 (B) EXECUTIVE DIRECTOR.—

8 (i) QUALIFICATIONS.—The Chair9 person shall appoint an executive director

10 with demonstrated expertise or experience

11 in the study and program facilitation on

12 the transatlantic slave trade and the insti13 tution of slavery particularly as it relates

14 to the United States, or both.

15 (ii) CONFIRMATION.—The employ16 ment of an executive director shall be sub17 ject to confirmation by the members of the

18 Commission.

19 (C) COMPENSATION.—The Chairperson of

20 the Commission may fix the compensation of

21 the executive director and other personnel with22 out regard to the provision of chapter 51 and

23 subchapter III of chapter 53 of title 5, United

24 States Code, relating to classification of posi25 tions and General Schedule pay rates, except


37972c.AAM
21

13

•HR 3432 IH

1 that the rate of pay for the executive director

2 and other personnel may not exceed the rate

3 payable for level V of the Executive Schedule

4 under section 5316 of such title.

5 (D) VOLUNTEER AND UNCOMPENSATED

6 SERVICES.—Notwithstanding section 1342 of

7 title 31, United States Code, the Commission

8 may accept and use voluntary and uncompen9 sated services as the Commission determines

10 necessary.

11 (e) PROCUREMENT OF TEMPORARY AND INTERMIT12 TENT SERVICES.—The Chairperson of the Commission

13 may procure temporary and intermittent services in ac14 cordance with section 3109(b) of title 5, United States

15 Code, at rates for individuals that do not exceed the daily

16 equivalent of the annual rate of basic pay prescribed for

17 level V of the Executive Schedule under section 5316 of

18 that title.

19 (f) NON-APPLICABILITY OF FACA.—Section 14(b) of

20 the Federal Advisory Committee Act (5 U.S.C. App.) shall

21 not apply to the Commission.

22 SEC. 5. TERMINATION.

23 (a) DATE OF TERMINATION.—The Commission shall

24 terminate on December 31, 2009.


37972c.AAN
22

14

•HR 3432 IH

1 (b) FINAL REPORT.—Upon termination, the Com2 mission shall submit to the Congress a report

3 containing—

4 (1) a detailed statement of the activities of the

5 Commission; and

6 (2) a final accounting of the funds received and

7 expended by the Commission.

8 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

9 There are authorized to be appropriated such sums

10 as may be necessary to carry out this Act

Æ


37972c.AAO
23

1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 3432

OFFERED BY MR. PAYNE OF NEW JERSEY

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Commission on the

3 Abolition of the Transatlantic Slave Trade Act of 2007’’.

4 SEC. 2. FINDINGS AND PURPOSE.

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

6 (1) On March 2, 1807, President Thomas Jef7 ferson signed into law a bill approved by the Con8 gress ‘‘An Act to prohibit the importation of slaves

9 into any port or place within the jurisdiction of the

10 United States’’ (hereinafter in this Act referred to

11 as the ‘‘1808 Transatlantic Slave Trade Act’’) and

12 made it unlawful ‘‘to import or bring into the United

13 States or territories thereof from any foreign king14 dom, place or country, any negro, mulatto, or person

15 of colour, with intent to hold, sell, or dispose of

16 such. . .as a slave, or to be held to service or

17 labour’’.


37972d.AAB
24

2

H.L.C.

1 (2) Article I, Section 9 of the United States

2 Constitution clearly spelled out that the inter3 national slave trade could not be banned before

4 1808, and it is only on January 1, 1808, that the

5 1808 Transatlantic Slave Trade Act went into effect.

6 (3) An Act entitled ‘‘An Act to continue in

7 force ‘An act to protect the commerce of the United

8 States, and punish the crime of piracy,’ and also to

9 make further provisions for punishing the crime of

10 piracy’’, enacted May 15, 1820, made it unlawful for

11 any citizen of the United States to engage ‘‘in the

12 slave trade, or. . ., being of the crew or ship’s com13 pany of any foreign ship. . ., seize any negro or mu14 latto. . .with the intent to make. . .a slave. . .or forcibly

15 bring . . .on board any such ship....’’.

16 (4) The transatlantic slave trade entailed the

17 kidnapping, purchase, and commercial export of Af18 ricans, mostly from West and Central Africa, to the

19 European colonies and new nations in the Americas,

20 including the United States, where they were

21 enslaved in forced labor between the 15th and mid22 19th centuries.

23 (5) The term ‘‘Middle Passage’’ refers to the

24 horrific part of the transatlantic slave trade when

25 millions of Africans were chained together and


37972d.AAC
25

3

H.L.C.

1 stowed by the hundreds in overcrowded ships where

2 they were forced into small spaces for months with3 out relief as they were transported across the Atlan4 tic Ocean to the Americas.

5 (6) During the Middle Passage, enslaved Afri6 cans resisted their enslavement through non-violent

7 and violent means, including hunger strikes, suicide,

8 and shipboard revolts, the most historically-recog9 nized events taking place on board the Don Carlos

10 in 1732 and on board the Amistad in 1839.

11 (7) Scholars estimate that, at a minimum, be12 tween 10,000,000 and 15,000,000 Africans survived

13 the Middle Passage, were imported as chattel

14 through customs houses and ports across the Amer15 icas, and were sold into slavery.

16 (8) The thirteenth amendment to the Constitu17 tion of the United States recognizes that ‘‘Neither

18 slavery nor involuntary servitude, except as a pun19 ishment for crime whereof the party shall have been

20 duly convicted, shall exist within the United States,

21 or any place subject to their jurisdiction.’’.

22 (9) The slave trade and the legacy of slavery

23 continue to have a profound impact on social and

24 economic disparity, hatred, bias, racism, and disVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00029 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG

37972d.AAD
26

4

H.L.C.

1 crimination, and continue to affect people in the

2 Americas, particularly those of African descent.

3 (10) In 2007, the British Parliament marked

4 the 200th anniversary of the abolition of the slave

5 trade in the former British Empire with plans

6 launched by the Department for Education and

7 Skills which provided joint funding of £910,000

8 ($1,800,000) for the Understanding Slavery Initia9 tive, and the Heritage Lottery Fund announced

10 awards of over £20,000,000 ($40,000,000) for

11 projects to commemorate the anniversary.

12 (b) PURPOSE.—The purpose of this Act is to estab13 lish the Commission on the Abolition of the Transatlantic

14 Slave Trade to—

15 (1) ensure a suitable national observance of the

16 200th anniversary of the abolition of the trans17 atlantic slave trade by sponsoring and supporting

18 commemorative programs;

19 (2) cooperate with and assist programs and ac20 tivities throughout the United States in observance

21 of the 200th anniversary of the abolition of the

22 transatlantic slave trade;

23 (3) assist in ensuring that the observations of

24 the 200th anniversary of the abolition of the trans25 atlantic slave trade are inclusive and appropriately


37972d.AAE
27

5

H.L.C.

1 recognize the experiences of all people during this

2 period in history;

3 (4) support and facilitate international involve4 ment in observances of the 200th anniversary of the

5 abolition of the transatlantic slave trade; and

6 (5) study the impact of the transatlantic slave

7 trade on the United States and the Americas.

8 SEC. 3. ESTABLISHMENT OF COMMISSION.

9 There is established a commission to be known as the

10 ‘‘Commission on the Abolition of the Transatlantic Slave

11 Trade’’ (referred to in this Act as the ‘‘Commission’’).

12 SEC. 4. MEMBERSHIP, DUTIES, AND RELATED MATTERS.

13 (a) MEMBERSHIP.—

14 (1) IN GENERAL.—

15 (A) The Commission shall be composed of

16 9 members, of whom—

17 (i) 3 shall be appointed by the Speak18 er of the House of Representatives;

19 (ii) 2 shall be appointed by the major20 ity leader of the Senate;

21 (iii) 2 shall be appointed by the mi22 nority leader of the House of Representa23 tives; and

24 (iv) 2 shall be appointed by the minor25 ity leader of the Senate.


37972d.AAF
28

6

H.L.C.

1 (B) Each appointing authority described in

2 subparagraph (A) shall appoint the initial mem3 bers of the Commission not later than 30 days

4 after the date of the enactment of this Act.

5 (2) QUALIFICATIONS.—Members of the Com6 mission shall be individuals with demonstrated ex7 pertise or experience in the study and program fa8 cilitation on the transatlantic slave trade and the in9 stitution of slavery as it relates to the United States

10 and the Americas.

11 (3) TERM; VACANCIES.—

12 (A) TERM.—A member of the Commission

13 shall be appointed for the life of the Commis14 sion.

15 (B) VACANCIES.—

16 (i) IN GENERAL.—A vacancy on the

17 Commission shall be filled in the same

18 manner in which the original appointment

19 was made.

20 (ii) PARTIAL TERM.—A member ap21 pointed to fill a vacancy on the Commis22 sion shall serve for the remainder of the

23 term for which the predecessor of the

24 member was appointed.

25 (4) MEETINGS.—


37972d.AAG
29

7

H.L.C.

1 (A) IN GENERAL.—The Commission shall

2 meet—

3 (i) as many times as necessary; or

4 (ii) at the call of the Chairperson or

5 the majority of the members of the Com6 mission.

7 (B) INITIAL MEETING.—Not later than 30

8 days after the date on which all members of the

9 Commission have been appointed, the Commis10 sion shall hold its initial meeting.

11 (C) APPOINTMENT OF CHAIRPERSON AND

12 EXECUTIVE DIRECTOR.—Not later than 60 days

13 after the date on which all members of the

14 Commission have been appointed, the Commis15 sion shall—

16 (i) designate 1 of the members as

17 Chairperson; and

18 (ii) select an executive director as de19 scribed under subsection (d)(2).

20 (5) VOTING.—

21 (A) IN GENERAL.—The Commission shall

22 act only on an affirmative vote of a majority of

23 the members of the Commission.

24 (B) QUORUM.—A majority of the members

25 of the Commission, which includes at least 1


37972d.AAH
30

8

H.L.C.

1 member appointed pursuant to clause (iii) or

2 (iv) of paragraph (1)(A), shall constitute a

3 quorum for conducting business but fewer

4 members may meet or hold hearings.

5 (b) DUTIES.—

6 (1) IN GENERAL.—The Commission shall—

7 (A) plan, develop, and execute programs

8 and activities appropriate to commemorate the

9 200th anniversary of the abolition of the trans10 atlantic slave trade;

11 (B) facilitate commemoration-related ac12 tivities throughout the United States;

13 (C) encourage civic, historical, educational,

14 religious, economic, and other organizations, as

15 well as State and local governments, throughout

16 the United States to organize and participate in

17 anniversary activities to expand the under18 standing and appreciation of the significance of

19 the transatlantic slave trade and the institution

20 of slavery, particularly as it relates to the

21 United States;

22 (D) coordinate and facilitate for the public

23 scholarly research on, publication about, and in24 terpretation of, the transatlantic slave trade


37972d.AAI
31

9

H.L.C.

1 and the institution of slavery, particularly as it

2 relates to the United States;

3 (E) assist in the development of appro4 priate programs and facilities to ensure that the

5 200th anniversary of the abolition of the trans6 atlantic slave trade provides a lasting legacy

7 and long-term public benefit;

8 (F) support and facilitate marketing ef9 forts for the issuance of a commemorative coin,

10 postage stamp, and related activities for observ11 ances;

12 (G) facilitate the convening of a joint

13 meeting or joint session of the Congress for

14 ceremonies and activities relating to the trans15 atlantic slave trade and the institution of slav16 ery, particularly as it relates to the United

17 States;

18 (H) promote the sponsorship of con19 ferences, exhibitions, or public meetings con20 cerning the transatlantic slave trade and the in21 stitution of slavery, particularly as it relates to

22 the United States;

23 (I) coordinate and facilitate the sponsor24 ship of high school and collegiate essay contests

25 concerning the transatlantic slave trade and the


37972d.AAJ
32

10

H.L.C.

1 institution of slavery, particularly as it relates

2 to the United States; and

3 (J) examine reports of modern-day slavery

4 and human trafficking to raise the public’s

5 awareness of these matters and ensure such

6 atrocities do not go unnoticed by the people of

7 the United States.

8 (2) INITIAL REPORT.—Not later than March

9 31, 2009, the Commission shall submit to the Con10 gress a report containing a summary of the activities

11 of the Commission for 2008.

12 (c) POWERS OF THE COMMISSION.—The Commission

13 may—

14 (1) accept donations and gift items related to

15 the transatlantic slave trade, the institution of slav16 ery, and the significance of slavery to the history of

17 the United States;

18 (2) appoint such advisory committees as the

19 Commission determines necessary to carry out this

20 Act;

21 (3) authorize any member or employee of the

22 Commission to take any action that the Commission

23 is authorized to take under this Act;

24 (4) procure supplies, services, and property, and

25 make or enter into contracts, leases, or other legal


37972d.AAK
33

11

H.L.C.

1 agreements, to carry out this Act (except that any

2 contracts, leases, or other legal agreements made or

3 entered into by the Commission shall not extend be4 yond the date of the termination of the Commis5 sion); and

6 (5) use the United States mails in the same

7 manner and under the same conditions as other

8 Federal agencies.

9 (d) PERSONNEL MATTERS.—

10 (1) COMPENSATION OF MEMBERS OF THE COM11 MISSION.—

12 (A) BASIC PAY.—Members of the Commis13 sion shall not receive compensation for the per14 formance of their duties on behalf of the Com15 mission.

16 (B) TRAVEL EXPENSES.—A member of the

17 Commission shall be allowed travel expenses, in18 cluding per diem in lieu of subsistence, at rates

19 authorized for an employee of an agency under

20 subchapter I of chapter 57 of title 5, United

21 States Code, while away from their homes or

22 regular place of business in the performance of

23 their duties on behalf of the Commission.

24 (2) STAFF.—


37972d.AAL
34

12

H.L.C.

1 (A) IN GENERAL.—The Chairperson of the

2 Commission shall, without regard to the civil

3 service laws (including regulations), appoint

4 and terminate an executive director and such

5 other additional personnel as are necessary to

6 enable the Commission to perform its duties.

7 (B) EXECUTIVE DIRECTOR.—

8 (i) QUALIFICATIONS.—The person ap9 pointed executive director shall have dem10 onstrated expertise or experience in the

11 study and program facilitation on the

12 transatlantic slave trade and the institu13 tion of slavery, particularly as it relates to

14 the United States.

15 (ii) CONFIRMATION.—The employ16 ment of an executive director shall be sub17 ject to confirmation by the members of the

18 Commission.

19 (C) COMPENSATION.—The Chairperson of

20 the Commission may fix the compensation of

21 the executive director and other personnel with22 out regard to the provisions of chapter 51 and

23 subchapter III of chapter 53 of title 5, United

24 States Code, relating to classification of posi25 tions and General Schedule pay rates, except


37972d.AAM
35

13

H.L.C.

1 that the rate of pay for the executive director

2 and other personnel may not exceed the rate

3 payable for level V of the Executive Schedule

4 under section 5316 of such title.

5 (D) VOLUNTEER AND UNCOMPENSATED

6 SERVICES.—Notwithstanding section 1342 of

7 title 31, United States Code, the Commission

8 may accept and use voluntary and uncompen9 sated services as the Commission determines

10 necessary.

11 (e) PROCUREMENT OF TEMPORARY AND INTERMIT12 TENT SERVICES.—The Chairperson of the Commission

13 may procure temporary and intermittent services in ac14 cordance with section 3109(b) of title 5, United States

15 Code, at rates for individuals that do not exceed the daily

16 equivalent of the annual rate of basic pay prescribed for

17 level V of the Executive Schedule under section 5316 of

18 that title.

19 (f) NON-APPLICABILITY OF FACA.—Section 14(b) of

20 the Federal Advisory Committee Act (5 U.S.C. App.) shall

21 not apply to the Commission.

22 SEC. 5. TERMINATION.

23 (a) DATE OF TERMINATION.—The Commission shall

24 terminate on December 31, 2009.


37972d.AAN
36

14

H.L.C.

1 (b) FINAL REPORT.—Upon termination, the Com2 mission shall submit to the Congress a report

3 containing—

4 (1) a detailed statement of the activities of the

5 Commission; and

6 (2) a final accounting of the funds received and

7 expended by the Commission.

8 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

9 There are authorized to be appropriated such sums

10 as may be necessary to carry out this Act.


37972d.AAO
37

1

IV

110TH CONGRESS

1ST SESSION H. RES. 405

Expressing the strong support of the House of Representatives for implementation of the July 8, 2006, United Nations-brokered agreement between

President of the Republic of Cyprus Tassos Papadopoulos and Turkish

Cypriot leader Mehmet Ali Talat relating to the reunification of Cyprus.

IN THE HOUSE OF REPRESENTATIVES

MAY 15, 2007

Mr. BILIRAKIS (for himself, Mrs. MALONEY of New York, Mr. SPACE, and Mr.

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

Committee on Foreign Affairs

RESOLUTION

Expressing the strong support of the House of Representatives for implementation of the July 8, 2006, United

Nations-brokered agreement between President of the

Republic of Cyprus Tassos Papadopoulos and Turkish

Cypriot leader Mehmet Ali Talat relating to the reunification of Cyprus.

Whereas, in recognition that any future efforts for a solution

of the Cyprus problem need to be carefully prepared,

President of the Republic of Cyprus Tassos Papadopoulos

and former United Nations Secretary-General Kofi

Annan met on February 28, 2006, in Paris, and reiterated that, ‘‘the resumption of the negotiating process

within the framework of the Secretary General’s Good


37972e.AAB
38

2

•HRES 405 IH

Offices must be timely and based on careful preparation’’;

Whereas on July 8, 2006, President Papadopoulos and Turkish Cypriot leader Mehmet Ali Talat, agreed, under the

auspices of the United Nations Under Secretary-General

Ibrahim Gambari, to a set of principles to begin a process of bi-communal discussions;

Whereas the set of principles agreed to are—

(1) commitment to the unification of Cyprus based

on a bi-zonal, bi-communal federation and political equality, as set out in the relevant United Nations Security

Council resolutions;

(2) recognition of the fact that the status quo is unacceptable and that its prolongation would have negative

consequences for the Turkish and Greek Cypriots;

(3) commitment to the proposition that a comprehensive settlement is both desirable and possible, and

should not be further delayed;

(4) agreement to begin a process immediately, involving bi-communal discussion of issues that affect the

day to day life of the people and concurrently those that

concern substantive issues, both of which will contribute

to a comprehensive settlement; and

(5) commitment to ensure that the ‘‘right atmosphere’’ prevails for this process to be successful; in that

connection, confidence-building measures are essential,

both in terms of improving the atmosphere and improving the life of all Turkish and Greek Cypriots; and also

in that connection, an end must be put to the so-called

‘‘blame game’’;

Whereas, according to the agreement, technical committees

and working groups would be set up to examine and disVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00042 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG

37972e.AAC
39

3

•HRES 405 IH

cuss issues that affect day-to-day life of the people of Cyprus and concurrently those that concern substantive

issues, thus contributing to a comprehensive settlement

of the Cyprus problem;

Whereas in a statement issued on March 20, 2007, President

Papadopoulos reiterated his call to Mr. Talat to implement the July 8, 2006, agreement on the basis of United

Nations Under Secretary-General Gambari’s subsequent

suggestions outlining the implementation process;

Whereas on March 27, 2007, the United Nations Security

Council in a statement on Cyprus indicated that, ‘‘the

members of the Security Council urge both communities

to work with the United Nations to implement the 8 July

2006 agreement, in particular through the immediate

creation of bi-communal working groups and technical

committees in order to prepare the ground for fullfledged negotiations leading to a comprehensive and durable settlement’’;

Whereas the United States has long supported fostering the

reunification of Cyprus within a bi-zonal, bi-communal

federation, and within a process that is led by the United

Nations, thereby consistent with the intended aim of the

July 8, 2006, agreement, and as set out in the relevant

United Nations Security Council resolutions;

Whereas several meetings have been held between the Greek

and Turkish Cypriot members of the coordination committee, consulting on the implementation of the July 8,

2006, agreement, but no technical committees or working

groups have been set up as expected; and

Whereas, although the Government of the Republic of Cyprus

committed itself to the immediate implementation of the


37972e.AAD
40

4

•HRES 405 IH

July 8, 2006, agreement, recent statements made by the

Turkish Cypriot leadership indicate an unwillingness to

proceed with the agreement: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) expresses its support for the immediate im3 plementation of the July 8, 2006, agreement as the

4 way forward to prepare for new comprehensive nego5 tiations leading to the reunification of Cyprus within

6 a bi-zonal, bi-communal federation as set out in the

7 relevant United Nations Security Council resolu8 tions; and

9 (2) calls upon the United States Government to

10 fully support the immediate implementation of the

11 July 8, 2006, agreement in its entirety and without

12 deviation from that process.

Æ


37972e.AAE
41

1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H. RES. 405

OFFERED BY MR. LANTOS OF CALIFORNIA AND

MS. ROS-LEHTINEN OF FLORIDA

Strike the preamble and insert the following:

Whereas, in recognition that any future efforts for a solution

of the Cyprus problem need to be carefully prepared,

President of the Republic of Cyprus Tassos Papadopoulos

and former United Nations Secretary-General Kofi

Annan met on February 28, 2006, in Paris, and reiterated that, ‘‘the resumption of the negotiating process

within the framework of the Secretary General’s Good

Offices must be timely and based on careful preparation’’;

Whereas on July 8, 2006, President Papadopoulos and Turkish Cypriot leader Mehmet Ali Talat, agreed, under the

auspices of United Nations Under Secretary-General

Ibrahim Gambari, to a set of principles to begin a process of bi-communal discussions;

Whereas the set of principles agreed to are—

(1) commitment to the unification of Cyprus

based on a bi-zonal, bi-communal federation and political equality, as set out in the relevant United Nations Security Council resolutions;

(2) recognition of the fact that the status quo

is unacceptable and that its prolongation would have

negative consequences for the Turkish and Greek

Cypriots;


37972f.AAB
42

2

H.L.C.

(3) commitment to the proposition that a comprehensive settlement is both desirable and possible,

and should not be further delayed;

(4) agreement to begin a process immediately,

involving bi-communal discussion of issues that affect the day-to-day life of the people and concurrently those that concern substantive issues, both of

which will contribute to a comprehensive settlement;

and

(5) commitment to ensure that the ‘‘right atmosphere’’ prevails for this process to be successful;

in that connection, confidence-building measures are

essential, both in terms of improving the atmosphere

and improving the life of all Turkish and Greek Cypriots; and also in that connection, an end must be

put to the so-called ‘‘blame game’’;

Whereas, according to the agreement, technical committees

and working groups would be set up to examine and discuss issues that affect day-to-day life of the people of Cyprus and concurrently those that concern substantive

issues, thus contributing to a comprehensive settlement

of the Cyprus problem;

Whereas on March 27, 2007, the United Nations Security

Council in a statement on Cyprus indicated that, ‘‘the

members of the Security Council urge both communities

to work with the United Nations to implement the 8 July

2006 agreement, in particular through the immediate

creation of bi-communal working groups and technical

committees in order to prepare the ground for fullfledged negotiations leading to a comprehensive and durable settlement’’;


37972f.AAC
43

3

H.L.C.

Whereas the United States has long supported fostering the

reunification of Cyprus within a bi-zonal, bi-communal

federation, and within a process that is led by the United

Nations, thereby consistent with the intended aim of the

July 8, 2006, agreement, and as set out in the relevant

United Nations Security Council resolutions;

Whereas several meetings have been held between the Greek

and Turkish Cypriot members of the coordination committee, consulting on the implementation of the July 8,

2006, agreement, but no technical committees or working

groups have been set up;

Whereas on June 15, 2007, the United Nations Security

Council adopted Resolution 1758 which ‘‘expresses full

support for the July 8, 2006 process, notes with concern

the lack of progress, and calls upon all parties to immediately engage constructively with the United Nations efforts, as described in Under Secretary General Gambari’s

letter of 15 November 2006, to demonstrate measurable

progress in order to allow fully fledged negotiations to

begin’’; and

Whereas on September 5, 2007, President Papadopoulos and

Mr. Talat ‘‘agreed on the need for the earliest start of

the [Gambari] process’’ and to ‘‘continue their contact

through the UN and to meet again when appropriate’’:

Now, therefore, be it

Strike all after the resolving clause and insert the

following:

That the House of Representatives—


37972f.AAD
44

4

H.L.C.

1 (1) expresses its support for the immediate im2 plementation of the July 8, 2006, agreement as the

3 way forward to prepare for new comprehensive nego4 tiations leading to the reunification of Cyprus within

5 a bi-zonal, bi-communal federation as set out in the

6 relevant United Nations Security Council resolu7 tions; and

8 (2) calls upon the United States Government to

9 fully support the immediate implementation of the

10 July 8, 2006, agreement in its entirety and without

11 deviation from that process.


37972f.AAE
45

1

IV

110TH CONGRESS

1ST SESSION H. RES. 624

Congratulating the State of Israel on chairing a United Nations committee

for the first time in history.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 2007

Mr. HASTINGS of Florida (for himself and Mr. GENE GREEN of Texas) submitted the following resolution; which was referred to the Committee on

Foreign Affairs

RESOLUTION

Congratulating the State of Israel on chairing a United

Nations committee for the first time in history.

Whereas the State of Israel is the only member of the Western and Others Group in a conditional status limiting its

ability to caucus with its fellow members of this regional

grouping, compete for open seats, or to run for positions

in major bodies of the United Nations, such as the Security Council, or United Nations-affiliated agencies, such

as the United Nations Human Rights Council;

Whereas Israel is excluded from discussions and consultations

of the Western and Others Group at the United Nations

offices in Geneva, Nairobi, Rome, and Vienna;

Whereas Israel has been refused admission to the Asian

Group of the United Nations, thereby being denied the


37972g.AAB
46

2

•HRES 624 IH

rights and privileges of full membership in the United

Nations;

Whereas Israel has submitted its candidacy for membership

on the Security Council for 2019 and hopes to gain full

participation rights in the United Nations;

Whereas, in 2004, at the first United Nations Department of

Public Information Seminar on Anti-Semitism, former

United Nations Secretary General Kofi Annan acknowledged that ‘‘the United Nations’ record on anti-Semitism

has at times fallen short of our ideals’’;

Whereas, in 2005, the United Nations held an unprecedented

session to commemorate the 60th anniversary of the liberation of the Auschwitz concentration camp;

Whereas at the opening of the 61st General Assembly in

2006, former United Nations Secretary General Kofi

Annan stated that ‘‘on one side, supporters of Israel feel

that it is harshly judged by standards that are not applied to its enemies . . . and too often this is true, particularly in some UN bodies’’;

Whereas, in January 2007, the United Nations General Assembly adopted by consensus a resolution condemning

any denial of the Holocaust;

Whereas, on June 19, 2007, for the first time ever since

Israel joined the United Nations, an Israeli diplomat, Mr.

Ron Adam, director of the Israel Foreign Ministry’s

United Nations Political Affairs Department, has been

chosen to chair a United Nations committee, the Committee on Program and Coordination (CPC);

Whereas this 33 member body (composed of Argentina, Armenia, Belarus, Benin, Brazil, Bulgaria, the Republic of

Central Africa, China, Comoros, Cuba, France, Ghana,


37972g.AAC
47

3

•HRES 624 IH

Haiti, India, Indonesia, Iran, Italy, Jamaica, Japan,

Kenya, Pakistan, Portugal, Korea, Russia, Senegal,

South Africa, Switzerland, Uruguay, Venezuela,

Zimbabwe, United States, and Israel) approves the work

plan for all United Nations agencies and bodies;

Whereas since Israel was accepted as part of the Western

Europe and Others Group (WEOG) in 2000, it has had

the right to apply for positions on United Nations committees;

Whereas Israel has played an active role in the international

community and within the United Nations;

Whereas Israel already sits on several important committees,

and representatives from Israel have served as deputy

chairs in the United Nations numerous times;

Whereas Israelis were first elected to notable United Nations

positions in 1994, including the high administrative tribunal at the Hague, Vice Chair of the World Health Organization’s Executive Committee and the Human Rights

Committee, in June 2005 Israel’s Ambassador to the

United Nations, Dan Gillerman, was appointed one of the

21 new vice presidents of the General Assembly, and in

July 2005, Israel was elected to deputy chairmanship of

the United Nations Disarmament Commission (UNDC);

and

Whereas Israel’s first unique appointment to chair a United

Nations committee will hopefully encourage the normalization of Israel’s bilateral and multilateral relations and

challenge future disproportionate United Nations condemnation of Israel: Now, therefore, be it

1 Resolved, That the House of Representatives—


37972g.AAD
48

4

•HRES 624 IH

1 (1) congratulates Mr. Ron Adam, Israel’s Chair

2 of the United Nations Committee on Program and

3 Coordination, and the Government and people of the

4 State of Israel on Israel’s first ever appointment to

5 chair a United Nations committee;

6 (2) supports continued expansion of Israel’s

7 role at the United Nations;

8 (3) welcomes recent attempts by the United

9 Nations to address the issue of prevailing anti-Semi10 tism;

11 (4) calls on the United Nations to officially and

12 publicly condemn anti-Semitic statements made at

13 all United Nations meetings and hold accountable

14 United Nations Member States that make such

15 statements;

16 (5) urges the members of WEOG to extend full

17 and permanent membership to Israel, without condi18 tions, until such time as Israel can serve as an effec19 tive member of the Asian States Group; and

20 (6) calls upon United Nations Secretary-Gen21 eral Ban Ki-Moon to work to end any unfair vilifica22 tion of Israel at the United Nations and to use his

23 good offices to support Israel’s bid to join the Asian

24 regional grouping.

Æ


37972g.AAE
49

1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H. RES. 624

OFFERED BY MR. LANTOS OF CALIFORNIA AND

MS. ROS-LEHTINEN OF FLORIDA

Strike the preamble and insert the following:

Whereas Israel joined the United Nations in 1949, as the

59th member of that organization;

Whereas the preamble of the Charter of the United Nations

stated that its objective was to ‘‘to save succeeding generations from the scourge of war . . . and to reaffirm

faith in fundamental human rights, in the dignity and

worth of the human person, in the equal rights of men

and women and of nations large and small . . .’’;

Whereas the United Nations has failed to live up to its goal

to promote equal rights among states, as enshrined in its

charter, in the case of Israel;

Whereas the democratic State of Israel is denied full representation within the United Nations, and its constituent agencies and bodies, yet repressive regimes in

violation of United Nations human rights principles are

afforded full rights and privileges;

Whereas in May 2000, Israel accepted an invitation to become a temporary member of the United Nations’ Western European and Others Group (WEOG), and in May

2004, Israel was granted an indefinite extension of its

qualified membership in WEOG;


37972h.AAB
50

2

H.L.C.

Whereas since Israel was accepted as part of WEOG in 2000,

it has had the right to apply for positions on United Nations committees;

Whereas the State of Israel is the only member of WEOG in

a conditional status;

Whereas Israel is excluded from discussions and consultations

of WEOG at the United Nations offices in Geneva,

Nairobi, Rome, and Vienna;

Whereas Israel has been refused admission to the Asian

States Group of the United Nations, thereby being denied

the rights and privileges of full membership in the United

Nations;

Whereas Israel has submitted its candidacy for membership

on the United Nations Security Council for 2019 and

hopes to gain the full participation rights in the United

Nations to which it is entitled as a sovereign state;

Whereas at the opening of the 61st United Nations General

Assembly in 2006, former United Nations Secretary-General Kofi Annan stated that ‘‘supporters of Israel feel

that it is harshly judged by standards that are not applied to its enemies . . . and too often this is true, particularly in some UN bodies’’;

Whereas Israel has played an active role in the international

community and within the United Nations;

Whereas Israel already sits on several important committees

in the United Nations, and representatives from Israel

have served as deputy chairs in the United Nations numerous times;

Whereas Israelis were first elected to notable United Nations

positions in 1994, including the high administrative tribunal at the Hague, Vice Chair of the World Health OrVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00054 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG

37972h.AAC
51

3

H.L.C.

ganization’s Executive Committee and the Human Rights

Committee, in June 2005 Israel’s Ambassador to the

United Nations, Dan Gillerman, was appointed one of the

21 new vice presidents of the General Assembly, and in

July 2005, Israel was elected to deputy chairmanship of

the United Nations Disarmament Commission (UNDC);

Whereas, on June 19, 2007, for the first time since Israel

joined the United Nations, an Israeli diplomat, Mr. Ron

Adam, Director of the Israeli Foreign Ministry’s United

Nations Political Affairs Department, was chosen to

chair a United Nations committee, the Committee on

Program and Coordination (CPC);

Whereas this 33 member body (composed of Argentina, Armenia, Belarus, Benin, Brazil, Bulgaria, the Republic of

Central Africa, China, Comoros, Cuba, France, Ghana,

Haiti, India, Indonesia, Iran, Italy, Jamaica, Japan,

Kenya, Pakistan, Portugal, Korea, Russia, Senegal,

South Africa, Switzerland, Uruguay, Venezuela,

Zimbabwe, United States, and Israel) approves the work

plan for all United Nations agencies and bodies;

Whereas Israel’s first unique appointment to chair a United

Nations committee will hopefully encourage the normalization of Israel’s bilateral and multilateral relations and

challenge future disproportionate United Nations condemnation of Israel;

Whereas anti-Semitic rhetoric and sentiment within United

Nations fora have been of grave concern to the United

States and other responsible nations;

Whereas United Nations General Assembly Resolution 3379

(1975) concluded that ‘‘Zionism is a form of racism and

racial discrimination’’ and the General Assembly, by a


37972h.AAD
52

4

H.L.C.

vote of 111-25, revoked Resolution 3379 in 1991 in response to strong leadership by the United States;

Whereas the goals of the 2001 United Nations World Conference Against Racism were undermined by hateful,

anti-Jewish rhetoric and anti-Israel political agendas,

prompting both Israel and the United States to withdraw

their delegations from the Conference;

Whereas, in 2004, at the first United Nations Department of

Public Information Seminar on Anti-Semitism, former

United Nations Secretary-General Kofi Annan acknowledged that ‘‘the United Nations’ record on anti-Semitism

has at times fallen short of our ideals’’; and

Whereas, in 2005, the United Nations held an unprecedented

session to commemorate the 60th anniversary of the liberation of the Auschwitz concentration camp: Now, therefore, be it

Strike all after the resolving clause and insert the

following:

That the House of Representatives—

1 (1) congratulates the Government and people of

2 the State of Israel on Israel’s first ever appointment

3 to chair a United Nations committee;

4 (2) supports continued expansion of Israel’s

5 role at the United Nations;

6 (3) welcomes recent attempts by the United

7 Nations to address the issue of prevailing anti-Semi8 tism;


37972h.AAE
53

5

H.L.C.

1 (4) calls on the United Nations to officially and

2 publicly condemn anti-Semitic statements made at

3 all United Nations meetings and hold accountable

4 United Nations Member States that make such

5 statements;

6 (5) urges the members of the United Nations’

7 Western European and Others Group (WEOG) to

8 extend full and permanent membership to Israel,

9 without conditions, until such time as Israel can

10 serve as an effective member of the Asian States

11 Group of the United Nations; and

12 (6) calls upon United Nations Secretary-Gen13 eral Ban Ki-Moon to continue to work to end any

14 unfair vilification of Israel at the United Nations

15 and ensure Israel’s full participation in, and access

16 to, all international fora under United Nations aus17 pices.


37972h.AAF
54

6

H.L.C.

Amend the title so as to read: ‘‘A resolution congratulating the State of Israel on chairing a United Nations committee for the first time in history, and for

other purposes.’’.


37972h.AAG
55

1

IV

110TH CONGRESS

1ST SESSION H. RES. 635

Recognizing the commencement of Ramadan, the Islamic holy month of fasting and spiritual renewal, and commending Muslims in the United States

and throughout the world for their faith.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 5, 2007

Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Mr. MEEKS of New

York, and Mr. ELLISON) submitted the following resolution; which was

referred to the Committee on Foreign Affairs

RESOLUTION

Recognizing the commencement of Ramadan, the Islamic

holy month of fasting and spiritual renewal, and commending Muslims in the United States and throughout

the world for their faith.

Whereas since the terrorist attacks on the United States on

September 11, 2001, threats and incidents of violence

have been directed at law-abiding, patriotic Americans of

African, Arab, and South Asian descent, particularly

members of the Islamic faith;

Whereas, on September 14, 2001, the House of Representatives passed a concurrent resolution condemning bigotry

and violence against Arab-Americans, American Muslims,

and Americans from South Asia in the wake of the terrorist attacks;


37972i.AAB
56

2

•HRES 635 IH

Whereas it is estimated that there are approximately

1,500,000,000 Muslims worldwide;

Whereas Ramadan is the holy month of fasting and spiritual

renewal for Muslims worldwide, and is the 9th month of

the Muslim calendar year; and

Whereas the observance of the Islamic holy month of Ramadan commences at dusk on September 13, 2007, and continues for one lunar month: Now, therefore, be it

1 Resolved, That—

2 (1) during this time of conflict, in order to

3 demonstrate solidarity with and support for mem4 bers of the community of Islam in the United States

5 and throughout the world, the House of Representa6 tives recognizes the Islamic faith as one of the great

7 religions of the world; and

8 (2) in observance of and out of respect for the

9 commencement of Ramadan, the Islamic holy month

10 of fasting and spiritual renewal, the House of Rep11 resentatives acknowledges the onset of Ramadan and

12 expresses its deepest respect to Muslims in the

13 United States and throughout the world on this sig14 nificant occasion.

Æ


37972i.AAC
57

1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H. RES. 635

OFFERED BY MR. LANTOS OF CALIFORNIA AND

MS. ROS-LEHTINEN OF FLORIDA

Strike the preamble and insert the following:

Whereas it is estimated that there are approximately

1,500,000,000 Muslims worldwide;

Whereas since the terrorist attacks on the United States on

September 11, 2001, some threats and incidents of violence have been directed at law-abiding, patriotic Americans of African, Arab, and South Asian descent, particularly members of the Islamic faith;

Whereas, on September 14, 2001, the House of Representatives passed a concurrent resolution condemning bigotry

and violence against Arab-Americans, American Muslims,

and Americans from South Asia in the wake of the terrorist attacks on the United States;

Whereas some extremists have attempted to use selective interpretations of Islam to justify and encourage hatred,

persecution, oppression, violence and terrorism against

the United States, the West, Israel, other Muslims, and

non-Muslims;

Whereas some Muslims in the United States and abroad have

courageously spoken out in rejection of interpretations of

Islam that justify and encourage hatred, violence, and

terror, and in support of interpretations of and movements within Islam that justify and encourage democVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00061 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG

37972j.AAB
58

2

H.L.C.

racy, tolerance and full civil and political rights for Muslims and those of all faiths;

Whereas Ramadan is the holy month of fasting and spiritual

renewal for Muslims worldwide, and is the 9th month of

the Muslim calendar year; and

Whereas the observance of the Islamic holy month of Ramadan commenced at dusk on September 13, 2007, and

continues for one lunar month: Now, therefore, be it

Strike all after the resolving clause and insert the

following:

That the House of Representatives—

1 (1) recognizes the Islamic faith as one of the

2 great religions of the world;

3 (2) expresses friendship and support for Mus4 lims in the United States and worldwide;

5 (3) acknowledges the onset of Ramadan, the Is6 lamic holy month of fasting and spiritual renewal,

7 and conveys its respect to Muslims in the United

8 States and throughout the world on this occasion;

9 (4) rejects hatred, bigotry, and violence directed

10 against Muslims, both in the United States and

11 worldwide; and

12 (5) commends Muslims in the United States

13 and across the globe who have privately and publicly

14 rejected interpretations and movements of Islam


37972j.AAC
59

3

H.L.C.

1 that justify and encourage hatred, violence, and ter2 ror.


37972j.AAD
60

4

H.L.C.

Amend the title so as to read: ‘‘A resolution recognizing the commencement of Ramadan, the Islamic holy

month of fasting and spiritual renewal, and expressing

respect to Muslims in the United States and throughout

the world on this occasion, and for other purposes.’’.


37972j.AAE
61

1

IV

110TH CONGRESS

1ST SESSION H. RES. 651

Recognizing the warm friendship and expanding strategic relationship between

the United States and Brazil, commending Brazil on successfully reducing its dependence on oil by finding alternative ways to satisfy its

energy needs, and recognizing the importance of the March 9, 2007,

United States-Brazil Memorandum of Understanding (MOU) on biofuels

cooperation.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 17, 2007

Mr. ENGEL (for himself and Mr. BURTON of Indiana) submitted the following

resolution; which was referred to the Committee on Foreign Affairs

RESOLUTION

Recognizing the warm friendship and expanding strategic

relationship between the United States and Brazil, commending Brazil on successfully reducing its dependence

on oil by finding alternative ways to satisfy its energy

needs, and recognizing the importance of the March 9,

2007, United States-Brazil Memorandum of Understanding (MOU) on biofuels cooperation.

Whereas following the oil shock of the early 1970s, Brazil

chose to reduce its energy vulnerability by choosing

sugar-based ethanol to diversify its energy sector and

power its automobiles;


37972k.AAB
62

2

•HRES 651 IH

Whereas with large private and public investments and support from the World Bank, Brazil greatly expanded the

amount of sugarcane it produced and began large-scale

construction of alcohol distilleries to process sugar into

ethanol;

Whereas decades of state investment have helped Brazil become the world’s largest consumer and producer of ethanol from sugar cane;

Whereas ethanol supplies 40 percent of the motor fuel used

in Brazil and is extremely competitive with gasoline;

Whereas the transition towards biofuels will have a positive

impact on the environment and will help reduce greenhouse gases;

Whereas by the end of 2006, 80 percent of new car sales in

Brazil were flex-fuel, meaning that they can run on ethanol, gasoline, or any mixture of both;

Whereas Brazil stands out as the leading example of a country that has diversified its energy supply and become a

net exporter of energy, in large part by increasing its use

and production of alternative energy sources, including

ethanol;

Whereas putting the United States on a path toward ending

its addiction to oil, as Brazil has done, by investing in

clean alternative energy sources is essential in protecting

United States national security, the environment, and the

stability of the United States economy;

Whereas, on March 9, 2007, the United States and Brazil—

the world’s two largest ethanol producing countries—

signed a Memorandum of Understanding (MOU) to promote greater cooperation on ethanol and biofuels in the

Western Hemisphere;


37972k.AAC
63

3

•HRES 651 IH

Whereas the United States-Brazil MOU involves technologysharing between the United States and Brazil, feasibility

studies and technical assistance to build domestic biofuels

industries in third countries, and multilateral efforts to

advance the global development of biofuels;

Whereas the first countries targeted for United States-Brazilian technical assistance are the Dominican Republic,

El Salvador, Haiti, and St. Kitts and Nevis;

Whereas United States President George W. Bush and Brazilian President Luiz Inacio ‘‘Lula’’ da Silva have met

twice in 2007 as visible examples of the expanding warm

relations and close ties between the United States and

Brazil;

Whereas the United States and Brazil are the two largest

and most diverse democracies in the Western Hemisphere;

Whereas Brazil—through its leadership of the United Nations Stabilization Mission (MINUSTAH) in Haiti and

other achievements—has emerged as a regional leader in

the Western Hemisphere; and

Whereas Secretary of State Condoleezza Rice has said that

the United States looks to Brazil as a ‘‘regional leader

and a global partner’’: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) recognizes that the United States and

3 Brazil have arrived at the point of a strategic con4 fluence of interests and urges President George W.

5 Bush to continue to deepen the bilateral relationship

6 between the two countries;


37972k.AAD
64

4

•HRES 651 IH

1 (2) recognizes Brazil’s role as a leader in the

2 Western Hemisphere and commends its leadership of

3 the United Nations Stabilization Mission

4 (MINUSTAH) in Haiti;

5 (3) commends Brazil for successfully diversi6 fying its energy resources and reducing its depend7 ence on oil;

8 (4) recognizes that the United States has ar9 rived at the point of a strategic confluence of inter10 ests with Brazil and welcomes continued develop11 ment in the bilateral relationship between the two

12 countries;

13 (5) strongly supports the March 9, 2007,

14 United States-Brazil Memorandum of Under15 standing (MOU) on biofuels as a major step forward

16 in bilateral relations, hemispheric integration, and

17 energy diversification;

18 (6) commends joint efforts by the United States

19 and Brazil for their commitment to use expertise to

20 provide technical assistance for biofuels industries in

21 third countries, currently including the Dominican

22 Republic, El Salvador, Haiti, and St. Kitts and

23 Nevis; and

24 (7) encourages United States and Brazilian of25 ficials to quickly identify additional countries in the


37972k.AAE
65

5

•HRES 651 IH

1 Western Hemisphere to receive technical assistance

2 related to biofuels.

Æ


37972k.AAF
66

1

H.L.C.

[Comittee Print]

SEPTEMBER 25, 2007

[Showing the Amendment Adopted by the Subcommittee on

the Western Hemisphere of the Committee on Foreign Affairs on September 19, 2007]

110TH CONGRESS

1ST SESSION H. RES. 651

Recognizing the warm friendship and expanding strategic relationship between

the United States and Brazil, commending Brazil on successfully reducing its dependence on oil by finding alternative ways to satisfy its

energy needs, and recognizing the importance of the March 9, 2007,

United States-Brazil Memorandum of Understanding (MOU) on biofuels

cooperation.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 17, 2007

Mr. ENGEL (for himself and Mr. BURTON of Indiana) submitted the following

resolution; which was referred to the Committee on Foreign Affairs

[Strike all after the resolving clause and insert the part printed in roman]

[For the text of the introduced resolution, see copy of the resolution as

introduced on September 17, 2007]

RESOLUTION

Recognizing the warm friendship and expanding strategic

relationship between the United States and Brazil, commending Brazil on successfully reducing its dependence

on oil by finding alternative ways to satisfy its energy

needs, and recognizing the importance of the March 9,


37972l.AAB
67

2

H.L.C.

2007, United States-Brazil Memorandum of Understanding (MOU) on biofuels cooperation.

Whereas following the oil shock of the early 1970s, Brazil

chose to reduce its energy vulnerability by choosing

sugar-based ethanol to diversify its energy sector and

power its automobiles;

Whereas with large private and public investments and support from the World Bank, Brazil greatly expanded the

amount of sugarcane it produced and began large-scale

construction of alcohol distilleries to process sugar into

ethanol;

Whereas decades of state investment have helped Brazil become the world’s largest consumer and producer of ethanol from sugar cane;

Whereas ethanol supplies 40 percent of the motor fuel used

in Brazil and is extremely competitive with gasoline;

Whereas the transition towards biofuels will have a positive

impact on the environment and will help reduce greenhouse gases;

Whereas by the end of 2006, 80 percent of new car sales in

Brazil were flex-fuel, meaning that they can run on ethanol, gasoline, or any mixture of both;

Whereas Brazil stands out as the leading example of a country that has diversified its energy supply and become a

net exporter of energy, in large part by increasing its use

and production of alternative energy sources, including

ethanol;

Whereas putting the United States on a path toward ending

its addiction to oil, as Brazil has done, by investing in

clean alternative energy sources is essential in protecting


37972l.AAC
68

3

H.L.C.

United States national security, the environment, and the

stability of the United States economy;

Whereas, on March 9, 2007, the United States and Brazil—

the world’s two largest ethanol producing countries—

signed a Memorandum of Understanding (MOU) to promote greater cooperation on ethanol and biofuels in the

Western Hemisphere;

Whereas the United States-Brazil MOU involves technologysharing between the United States and Brazil, feasibility

studies and technical assistance to build domestic biofuels

industries in third countries, and multilateral efforts to

advance the global development of biofuels;

Whereas the first countries targeted for United States-Brazilian technical assistance are the Dominican Republic,

El Salvador, Haiti, and St. Kitts and Nevis;

Whereas United States President George W. Bush and Brazilian President Luiz Inacio ‘‘Lula’’ da Silva have met

twice in 2007 as visible examples of the expanding warm

relations and close ties between the United States and

Brazil;

Whereas the United States and Brazil are the two largest

and most diverse democracies in the Western Hemisphere;

Whereas Brazil—through its leadership of the United Nations Stabilization Mission (MINUSTAH) in Haiti and

other achievements—has emerged as a regional leader in

the Western Hemisphere; and

Whereas Secretary of State Condoleezza Rice has said that

the United States looks to Brazil as a ‘‘regional leader

and a global partner’’: Now, therefore, be it

1 Resolved, That the House of Representatives—


37972l.AAD
69

4

H.L.C.

1 (1) recognizes that the United States and

2 Brazil have arrived at the point of a strategic con3 fluence of interests and urges President George W.

4 Bush to continue to deepen the bilateral relationship

5 between the two countries;

6 (2) recognizes Brazil’s role as a leader in the

7 Western Hemisphere and commends its leadership of

8 the United Nations Stabilization Mission

9 (MINUSTAH) in Haiti;

10 (3) commends Brazil for successfully diversi11 fying its energy resources and reducing its depend12 ence on oil;

13 (4) strongly supports the March 9, 2007,

14 United States-Brazil Memorandum of Under15 standing (MOU) on biofuels as a major step forward

16 in bilateral relations, hemispheric integration, and

17 energy diversification;

18 (5) commends joint efforts by the United States

19 and Brazil for their commitment to use expertise to

20 provide technical assistance for biofuels industries in

21 third countries, currently including the Dominican

22 Republic, El Salvador, Haiti, and St. Kitts and

23 Nevis; and

24 (6) encourages United States and Brazilian of25 ficials to quickly identify additional countries in the


37972l.AAE
70

5

H.L.C.

1 Western Hemisphere to receive technical assistance

2 related to biofuels.


37972l.AAF
71

1

IV

110TH CONGRESS

1ST SESSION H. CON. RES. 200

Expressing the sense of Congress regarding the immediate and unconditional

release of Daw Aung San Suu Kyi.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 2007

Mr. KING of New York (for himself and Mr. LANTOS) submitted the following

concurrent resolution; which was referred to the Committee on Foreign Affairs

CONCURRENT RESOLUTION

Expressing the sense of Congress regarding the immediate

and unconditional release of Daw Aung San Suu Kyi.

Whereas in 1990 the State Peace and Development Council

(SPDC), a military junta in Burma, nullified the victory

of the National League for Democracy (NLD);

Whereas NLD leader Daw Aung San Suu Kyi was not allowed to assume the office of Prime Minister and was

subsequently placed under house arrest;

Whereas Daw Aung San Suu Kyi was released in July 1995,

yet once again placed under house arrest in September

2000;

Whereas following a second release, Daw Aung San Suu Kyi

and several of her followers were attacked by a governVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00075 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG

37972m.AAB
72

2

•HCON 200 IH

ment-sponsored mob on May 6, 2002, and she was then

imprisoned at Insein Prison in Yangon;

Whereas on May 16, 2007, more than 50 world leaders released a letter demanding the release of Daw Aung San

Suu Kyi, a demand repeated by United Nations Secretary-General Ban Ki-moon, 14 United Nations human

rights experts, the European Union, the United States,

the Association of Southeast Asian Nations (ASEAN),

and the foreign ministers of three ASEAN member

states, yet on May 27 her detention was extended;

Whereas for her non-violent struggle for democracy and

human rights, Daw Aung San Suu Kyi received the

Nobel Peace Prize in 1991;

Whereas the ruling military junta in Burma continues to violate the human rights of Burmese citizens, including the

systematic use of rape as a weapon of war and

extrajudicial killings;

Whereas the armed forces in Burma have been accused of

large-scale trafficking in heroin and methamphetamines;

Whereas the Burmese Government has destroyed more than

3,000 villages, displaced approximately 2 million Burmese people, and arrested approximately 1,300 individuals for expressing critical opinions;

Whereas Burma’s main broadcasters and publications are

state controlled and the media does not report opposing

views except to criticize them;

Whereas on September 30, 2006, the United Nations Security Council officially included Burma on its agenda for

the first time;

Whereas the International Committee of the Red Cross

(ICRC) denounced the ruling military regime of Burma


37972m.AAC
73

3

•HCON 200 IH

on June 22, 2007, citing the use of detainees as porters

for the armed forces and the systematic abuse and murder of both detainees and civilians;

Whereas the last time the ICRC publicly denounced egregious, ongoing, and systemic human rights abuses was in

1994 when the ICRC addressed genocide in Rwanda; and

Whereas the ICRC stated that civilians, especially those residing near the Thai-Burma border, have been subjected

to abuse such as destruction of their food supply and

forced unpaid manual labor: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That—

3 (1) it is the sense of Congress that United

4 States policy should continue to call upon—

5 (A) the military regime in Burma—

6 (i) to immediately and unconditionally

7 release Daw Aung San Suu Kyi and other

8 detained political prisoners and prisoners

9 of conscience;

10 (ii) to immediately cease attacks

11 against ethnic minority civilians; and

12 (iii) to immediately begin a meaning13 ful process of tripartite dialogue with Daw

14 Aung San Suu Kyi, the NLD, and Bur15 ma’s ethnic nationalities; and

16 (B) the People’s Republic of China and

17 other countries that provide political and ecoVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00077 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG

37972m.AAD
74

4

•HCON 200 IH

1 nomic support to Burma’s military junta to uti2 lize their position and influence to—

3 (i) urge Burma’s military generals to

4 immediately release Daw Aung San Suu

5 Kyi and all political prisoners; and

6 (ii) end their attacks on ethnic minor7 ity civilians and begin a meaningful proc8 ess of genuine national reconciliation with

9 Daw Aung San Suu Kyi, the NLD, and

10 Burma’s ethnic nationalities;

11 (2) Congress urges the United Nations Security

12 Council to immediately consider and take appro13 priate action to respond to the growing threat the

14 SPDC poses in Burma;

15 (3) Congress expresses support for the restora16 tion of democracy in Burma; and

17 (4) Congress expresses the need for freedom of

18 assembly, freedom of movement, freedom of speech,

19 and freedom of the press to be guaranteed for all

20 Burmese citizens.

Æ


37972m.AAE
75

1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H. CON. RES. 200

OFFERED BY MR. LANTOS OF CALIFORNIA

Strike the preamble and insert the following:

Whereas in 1990, the State Law and Order Restoration

Council (SLORC), the military junta in Burma, which renamed itself the State Peace and Development Council

(SPDC) in 1997, nullified the victory of the National

League for Democracy (NLD);

Whereas NLD leader Daw Aung San Suu Kyi was not allowed to assume the office of Prime Minister and was

subsequently placed under house arrest;

Whereas Daw Aung San Suu Kyi was released in July 1995,

yet once again placed under house arrest in September

2000;

Whereas following a second release, Daw Aung San Suu Kyi

and several of her followers were attacked by a government-sponsored mob on May 30, 2003, and she was then

imprisoned at Insein Prison in Yangon;

Whereas on May 16, 2007, more than 50 world leaders released a letter demanding the release of Daw Aung San

Suu Kyi, a demand repeated by United Nations Secretary-General Ban Ki-moon, 14 United Nations human

rights experts, the European Union, the United States,

the Association of Southeast Asian Nations (ASEAN),

and the foreign ministers of three ASEAN member

states, yet on May 27 her detention was extended;


37972n.AAB
76

2

H.L.C.

Whereas for her non-violent struggle for democracy and

human rights, Daw Aung San Suu Kyi received the

Nobel Peace Prize in 1991;

Whereas the ruling military junta in Burma continues to violate the human rights of Burmese citizens, including the

systematic use of rape as a weapon of war and

extrajudicial killings;

Whereas the armed forces in Burma have been accused of

large-scale trafficking in heroin and methamphetamines;

Whereas the Burmese regime has destroyed more than 3,000

villages, displaced approximately 2,000,000 Burmese people, and arrested approximately 1,300 individuals for expressing critical opinions;

Whereas Burma’s main broadcasters and publications are

state controlled and the media does not report opposing

views except to criticize them;

Whereas on September 30, 2006, the United Nations Security Council officially included Burma on its agenda for

the first time;

Whereas the International Committee of the Red Cross

(ICRC) denounced the ruling military regime of Burma

on June 22, 2007, citing the use of detainees as porters

for the armed forces and the systematic abuse and murder of both detainees and civilians;

Whereas the last time the ICRC publicly denounced egregious, ongoing, and systemic human rights abuses was in

1994 when the ICRC addressed genocide in Rwanda;

Whereas the ICRC stated that civilians, especially those residing near the Thai-Burma border, have been subjected

to abuse such as destruction of their food supply and

forced unpaid manual labor;


37972n.AAC
77

3

H.L.C.

Whereas beginning on August 21, 2007, and continuing until

today, the Burmese regime began a brutal crackdown on

nonviolent protesters which included beating, imprisoning, and torturing more than 200 human rights and

democracy activists;

Whereas several of these imprisoned human rights and democracy activists are hospitalized from the injuries sustained from the severe torture to which they have been

subjected;

Whereas no one, including the ICRC, has had access to any

of the imprisoned protesters or any other political prisoners in Burma;

Whereas the Burmese regime has disrobed, imprisoned, and

tortured monks;

Whereas the All Burma Monks’ Alliance has called for a boycott of the SPDC and the military junta-sponsored Union

Solidarity and Development Association and their family

members until they agree to a meaningful political dialogue toward national reconciliation; and

Whereas the All Burma Monks’ Alliance and the NLD have

asked all the people of Burma to join them in a peaceful

national strike calling for reducing all basic commodity

prices, releasing all detainees, including Daw Aung San

Suu Kyi, and engaging in a meaningful political dialogue:

Now, therefore, be it

Strike all after the resolving clause and insert the

following:

That—


37972n.AAD
78

4

H.L.C.

1 (1) it is the sense of Congress that United

2 States policy should continue to call upon—

3 (A) the military regime in Burma—

4 (i) to immediately and unconditionally

5 release Daw Aung San Suu Kyi and other

6 detained political prisoners and prisoners

7 of conscience;

8 (ii) to immediately cease attacks

9 against ethnic minority civilians; and

10 (iii) to immediately begin a meaning11 ful process of tripartite dialogue with Daw

12 Aung San Suu Kyi, the NLD, and Bur13 ma’s ethnic nationalities; and

14 (B) the People’s Republic of China and

15 other countries that provide political and eco16 nomic support to Burma’s military junta to

17 modify their policy on Burma and utilize their

18 position and influence to—

19 (i) urge Burma’s military generals to

20 immediately release Daw Aung San Suu

21 Kyi and all political prisoners and pris22 oners of conscience; and

23 (ii) end their attacks on ethnic minor24 ity civilians and begin a meaningful proc25 ess of genuine national reconciliation with


37972n.AAE
79

5

H.L.C.

1 Daw Aung San Suu Kyi, the NLD, and

2 Burma’s ethnic nationalities;

3 (2) Congress urges the United Nations Security

4 Council to immediately consider and take appro5 priate action to respond to the growing threat the

6 SPDC poses in Burma and continue to discuss the

7 situation in Burma and necessary action every

8 month until there is a meaningful process of tri9 partite dialogue with Daw Aung San Suu Kyi, the

10 NLD, and Burma’s ethnic nationalities and the re11 gime toward national reconciliation;

12 (3) Congress underscores its expectation that

13 Burmese Government officials who order or partici14 pate in violent crackdowns on peaceful demonstra15 tors will face justice for any crimes they commit;

16 (4) Congress expresses support for the restora17 tion of democracy in Burma; and

18 (5) Congress expresses the need for freedom of

19 assembly, freedom of movement, freedom of speech,

20 and freedom of the press to be guaranteed for all

21 Burmese citizens.


37972n.AAF
80

6

H.L.C.

Amend the title so as to read: ‘‘A concurrent resolution expressing the sense of Congress regarding the immediate and unconditional release of Daw Aung San Suu

Kyi and the severely deteriorating human rights situation

in Burma.’’.


37972n.AAG
81

1

IV

110TH CONGRESS

1ST SESSION H. CON. RES. 203

Condemning the persecution of labor rights advocates in Iran.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 5, 2007

Mr. KIRK (for himself and Mr. ANDREWS) submitted the following concurrent

resolution; which was referred to the Committee on Foreign Affairs

CONCURRENT RESOLUTION

Condemning the persecution of labor rights advocates in

Iran.

Whereas, on April 9, 2007, Iranian agents arrested and imprisoned Mahmoud Salehi, founder of the Saghez Bakery

Workers Association;

Whereas Salehi’s life is in grave danger as he sits in the

Sanandaj prisons without access to kidney dialysis treatment;

Whereas, on July 10, 2007, plainclothes Iranian agents severely beat and arrested Mansour Osanloo, president of

the Syndicate of Workers of Tehran and Suburbs

(Vahed);

Whereas Osanloo now sits in Iran’s notorious Evin prison

with a chronic heart condition and a serious eye condition

that requires immediate surgery;


37972o.AAB
82

2

•HCON 203 IH

Whereas Osanloo has no access to medical or legal assistance

and no contact with his family;

Whereas, on August 9, 2007, Teamsters General President

James P. Hoffa called on Iran to immediately release

Osanloo and Salehi;

Whereas, on August 9, 2007, the International Trade Union

Confederation, together with the International Transport

Workers’ Federation, staged an international day of action to free Osanloo and Salehi;

Whereas Iran is a member of the International Labor Organization (ILO) and is legally bound to respect ILO core

principles, including freedom of association;

Whereas Freedom House reported in 2006 that ‘‘Iranian law

does not allow independent labor unions to exist’’; and

Whereas the United States remains the leading voice in the

world for international workers’ rights and labor standards: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That Congress—

3 (1) condemns the Government of Iran for the

4 arrest and imprisonment of Iranian union leaders

5 Mahmoud Salehi and Mansour Osanloo and de6 mands their immediate release; and

7 (2) expresses its solidarity with the workers of

8 Iran and stands with them in their effort to bring

9 political freedom and individual liberty to Iran.

Æ


37972o.AAC
83

1

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H. CON. RES. 203

OFFERED BY MR. LANTOS OF CALIFORNIA AND

MS. ROS-LEHTINEN OF FLORIDA

Strike the preamble and insert the following:

Whereas Iran is a member of the International Labor Organization (ILO) and is legally bound to respect ILO core

principles, including freedom of association;

Whereas Iran, in violation of ILO principles, refuses to recognize independent labor unions;

Whereas, on April 9, 2007, Iranian agents arrested and imprisoned Mahmoud Salehi, founder of the Saghez Bakery

Workers Association, a labor union that is independent

and therefore not recognized under Iranian law;

Whereas Salehi’s life is in grave danger as he sits in the

Sanandaj prisons without access to kidney dialysis treatment;

Whereas, on July 10, 2007, plainclothes Iranian agents severely beat and arrested Mansour Osanloo, president of

the Syndicate of Bus Drivers of the Tehran and Suburbs

Bus Company, another labor union that is independent

and therefore not recognized under Iranian law;

Whereas this arrest was the third time in less than two years

that Syndicate president Osanloo has been arrested by

Iranian agents;


37972p.AAB
84

2

H.L.C.

Whereas Osanloo now sits in Iran’s notorious Evin prison

with a chronic heart condition and a serious eye condition

that requires immediate surgery;

Whereas Osanloo has no access to medical or legal assistance

and no contact with his family; and

Whereas, on August 9, 2007, the International Transport

Workers’ Federation, together with the International

Trade Union Confederation, staged an international ‘‘day

of action’’ to free Osanloo and Salehi: Now, therefore, be

it

Strike all after the resolving clause and insert the

following:

That Congress—

1 (1) condemns the Iranian regime for the arrest

2 and imprisonment of Iranian union leaders

3 Mahmoud Salehi and Mansour Osanloo and de4 mands their immediate release;

5 (2) expresses its solidarity with the workers of

6 Iran and stands with them, and with all Iranians, in

7 their efforts to bring political freedom and individual

8 liberty to Iran; and

9 (3) calls on the Iranian regime to respect the

10 right of Iranian workers to form independent asso11 ciations and unions, as required by its membership

12 in the ILO.


37972p.AAC
85

Chairman LANTOS. I would like at this moment to acknowledge 

the family members of the Nairobi bombing victims who are with 

us today who have advocated tirelessly on behalf of the families 

and Foreign Service officers generally. 

We are deeply in your debt for your dedicated service. We are 

sharing in your grief, in your sorrow and tragedy, and we want to 

commend you. Would you please stand? 

[Applause.] 

Chairman LANTOS. The chair recognizes Mr. Smith of New Jersey. 

Mr. SMITH OF NEW JERSEY. Thank you very much, Mr. Chairman. Let me just say that I, too, want to join in your very heartfelt 

condolences to those who survived the horrific blasts in Dar es Salaam and in Kenya. 

I would remind my colleagues that as a direct result of those 

blasts, as you well remember because you and I worked so very 

hard on it, we enacted the Embassy Security Act. This legislation 

significantly beefed up the amount of money for hardening and providing setbacks, providing more diplomatic security personnel and 

a whole host of other upgrades to our Embassies and missions 

abroad, not just to protect our own Foreign Service personnel, and 

that certainly is a significant priority, but also to protect and to 

provide additional safeguards to the local population so that our 

Embassies and missions abroad would not become targets for 

Jihadists and transnational terrorists. 

I will never forget that when Admiral Crowe testified here he 

made it very clear that we needed to do much more, and the Crowe 

Commission was very significant in its recommendations to us. 

Real reform came out of that, and I think that that was a turning 

point. 

I remember when the Assistant Secretary for Diplomatic Security testified and told us that it was the turning point when we realized that transnational terrorists could hit any potentially vulnerable target anywhere. It didn’t have to be in close proximity to 

them. 

I also want to thank you, Mr. Chairman, for introducing the 

amendment to H.R. 2828 which amends the Foreign Service Act to 

increase the amount of payment made to surviving dependents of 

Foreign Service employees who die as a result of injuries sustained 

while they are serving abroad. As you know, Mr. Chairman, this 

provision is included in two bills, H.R. 3202 and 3203, that I have 

introduced to address the Foreign Service compensation locality 

pay discrepancy. 

I hope the inclusion of your amendment will allow this particular 

provision to finally move forward and provide the increased compensation that we all hope will never be needed, but which will 

provide greater peace of mind to our Foreign Service men and 

women courageously serving in dangerous postings overseas. 

I support the amendment, and I am grateful for your leadership 

on it. 

Chairman LANTOS. Thank you very much. 

Does any other colleague want to talk on this issue? 

Mr. PAYNE. Mr. Chairman? 

Chairman LANTOS. Yes, Mr. Payne? 

86

Mr. PAYNE. Thank you very much. I, too, would like to express 

my appreciation for moving this forward. It has been an issue that 

we have dealt with for many, many years. I know the families, 

some of the families, in particular the Barkneys. 

I was in that Embassy just 1 week before the tragedy struck and 

so I would like to once again express our appreciation to the family, 

their loss. Our hearts are still heavy, and I appreciate you moving 

this forward. 

Thank you very much. 

Chairman LANTOS. Thank you, Mr. Payne. 

Pursuant to notice, I call up the bill, H.R. 2003, the Ethiopia Democracy and Accountability Act of 2007, for purposes of markup 

and move that the chairman be authorized to seek the consideration of H.R. 2003 by the House under suspension of the rules. 

Without objection, the amendment in the nature of a substitute 

before the members will be considered as the base text for purposes 

of amendment, will be considered as read and will be open for 

amendment at any point. 

[The information referred to follows:]

87

1

I

110TH CONGRESS

1ST SESSION H. R. 2003

To encourage and facilitate the consolidation of peace and security, respect

for human rights, democracy, and economic freedom in Ethiopia.

IN THE HOUSE OF REPRESENTATIVES

APRIL 23, 2007

Mr. PAYNE (for himself, Mr. HONDA, Mr. MORAN of Virginia, Ms. WATSON,

and Mr. CLAY) introduced the following bill; which was referred to the

Committee on Foreign Affairs

A BILL

To encourage and facilitate the consolidation of peace and

security, respect for human rights, democracy, and economic freedom in Ethiopia.

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 ‘‘Ethiopia Democracy

5 and Accountability Act of 2007’’.

6 SEC. 2. STATEMENT OF POLICY.

7 It is the policy of the United States to—

8 (1) support the advancement of human rights,

9 democracy, independence of the judiciary, freedom of


37972q.AAB
88

2

•HR 2003 IH

1 the press, peacekeeping capacity building, and eco2 nomic development in the Federal Democratic Re3 public of Ethiopia;

4 (2) seek the unconditional release of all political

5 prisoners and prisoners of conscience in Ethiopia;

6 (3) foster stability, democracy, and economic

7 development in the region;

8 (4) collaborate with Ethiopia in the Global War

9 on Terror; and

10 (5) strengthen United States-Ethiopian rela11 tions based on the policy objectives specified in para12 graphs (1) through (4).

13 SEC. 3. FINDINGS.

14 Congress finds the following:

15 (1) The people of Ethiopia have suffered for

16 decades due to military conflicts, natural disasters,

17 poverty and diseases, regional instability, and the

18 brutal dictatorship of the military junta under

19 Mengistu Haile Mariam. Hundreds of thousands of

20 civilians were brutally murdered by the Mengistu re21 gime, including women and children. Many more

22 sacrificed their lives fighting for freedom, respect for

23 human rights, and to bring an end to the brutal dic24 tatorship of the Mengistu regime. Members of that


37972q.AAC
89

3

•HR 2003 IH

1 murderous regime are currently living in Europe, the

2 United States, and Africa.

3 (2) In May 1991, the brutal dictatorship of the

4 Mengistu regime came to an abrupt end when the

5 Ethiopian People’s Revolutionary Democratic Front

6 (EPRDF) defeated the Mengistu army. In July

7 1991, the EPRDF and a coalition of other political

8 groups established a transitional government in

9 Ethiopia. A number of liberation movements joined

10 the transitional government in a spirit of a new start

11 and the building of a democratic Ethiopia. These

12 groups included the Oromo Liberation Front (OLF),

13 the Ogaden National Liberation Front (ONLF), and

14 many others.

15 (3) Since the ouster of the Mengistu regime in

16 1991, the EPRDF-led government instituted a

17 multiparty system and organized 3 regional and na18 tional elections and a number of local elections. The

19 1995 and 2000 elections were largely boycotted and

20 judged to be neither free nor fair. Some opposition

21 groups participated in the 2000 elections, giving

22 such groups 12 seats in the 546-seat parliament.

23 (4) The May 2005 pre-election period and the

24 conduct of the elections in Ethiopia were seen by ob25 servers to be transparent, competitive, and relatively


37972q.AAD
90

4

•HR 2003 IH

1 free and fair, although there were a number of prob2 lems reported. More than 90 percent of registered

3 voters participated and dozens of political parties

4 took part in the elections. Moreover, some inter5 national groups observed the elections, unprece6 dented access to the mass media was given to the

7 opposition, and there were televised debates between

8 the government and the opposition. Some political

9 parties and armed political groups boycotted the

10 2005 elections. However, trained local groups were

11 barred from observing the elections.

12 (5) Despite apparent improvement in the elec13 toral process, preliminary election results announced

14 by the Government of Ethiopia shortly after the May

15 15, 2005, elections were seen by observers as ques16 tionable. The opposition accused the Government of

17 Ethiopia of stealing the elections and called for civil

18 disobedience, which resulted in the killing of dem19 onstrators and detention of opposition leaders and

20 thousands of their followers, including 11 elected

21 members of parliament and the elected mayor of

22 Addis Ababa.

23 (6) The Coalition for Unity and Democracy

24 (CUD), the United Ethiopian Democratic Forces

25 (UEDF), and the ruling EPRDF reached an agreeVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00094 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG

37972q.AAE
91

5

•HR 2003 IH

1 ment to resolve disputed election results peacefully

2 with the help of the National Electoral Board

3 (NEB). The NEB investigated more than 299 com4 plaints and later agreed to hold reruns in 31 con5 stituencies. In late August 2005, the NEB held re6 runs in the 31 constituencies as well as in all 23

7 constituencies in the Somali region, where elections

8 had been postponed due to insecurity.

9 (7) Election results show that opposition parties

10 won 170 seats in the national parliament, a signifi11 cant increase from the 12 seats they won in the last

12 elections. Opposition parties also won the city coun13 cil in Addis Ababa, giving them control over the cap14 ital. An estimated 150 of the 170 opposition mem15 bers of parliament have taken their seats. In early

16 May 2006, the Government of Ethiopia appointed a

17 caretaker government in the capital. Members of

18 parliament from the CUD walked out of parliament

19 in protest. The CUD won the city, but the des20 ignated mayor has been in detention since November

21 2005.

22 (8) Human rights conditions deteriorated sig23 nificantly after the May 15, 2005, elections in Ethi24 opia and overall human rights conditions in the

25 country remain poor. The Department of State, in


37972q.AAF
92

6

•HR 2003 IH

1 its 2005 Country Reports on Human Rights Prac2 tices, noted a myriad of human rights abuses by the

3 Government of Ethiopia. Moreover, journalists and

4 editors of the independent press have been and con5 tinue to face harassment and prosecution for alleged

6 violations of press laws in Ethiopia. Dozens of jour7 nalists have fled the country, and some are currently

8 in exile fearing prosecution or harassment.

9 (9) In June 2005, more than 35 demonstrators

10 were killed by Ethiopian Government security per11 sonnel and in November 2005 an estimated 53 peo12 ple were killed, including 7 policemen, according to

13 Human Rights Watch and several other reports. The

14 violence against these victims occurred after pro-op15 position groups went to the streets of the capital to

16 protest government actions in handling the elections

17 results of May 2005. Tens of thousands of people

18 suspected of being opposition supporters were de19 tained over the past months, although many of these

20 detainees were released. Nonetheless, government se21 curity forces continue to abuse opposition leaders,

22 supporters, and family members.

23 (10) An estimated 112 political leaders, human

24 rights activists, community leaders, and journalists,

25 including the chairman of the CUD (Hailu Shawel),


37972q.AAG
93

7

•HR 2003 IH

1 the newly elected Mayor of Addis Ababa (Berhanu

2 Nega), and the founder of the Ethiopian Human

3 Rights Council (Professor Mesfin Wolde Mariam),

4 were imprisoned and charged with treason and geno5 cide. These measures were deliberately taken to sti6 fle and criminalize opposition party activity in the

7 country. The measures also were intended to intimi8 date and silence independent press and civil society,

9 raising serious question about the Ethiopian Govern10 ment’s commitment to democracy and good govern11 ance.

12 (11) According to Department of State’s 2006

13 Country Reports on Human Rights Practices,

14 ‘‘human rights abuses [in Ethiopia] reported during

15 the year included: limitation on citizens’ right to

16 change their government during the most recent

17 elections; unlawful killings, and beating, abuse, and

18 mistreatment of detainees and opposition supporters

19 by security forces; poor prison conditions; arbitrary

20 arrest and detention . . .’’.

21 (12) Whereas the Ethiopian Parliament estab22 lished an 11-member Commission of Inquiry to ‘‘in23 vestigate the disorder and report to the House of

24 People’s Representatives in order to take the nec25 essary measure’’. The Commission was tasked to inVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00097 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG

37972q.AAH
94

8

•HR 2003 IH

1 vestigate whether government security forces used

2 excessive force, caused damage to life and property,

3 or showed a lack of respect for human rights. The

4 Commission was mandated to investigate the June

5 8, 2005, and November 1–10, 2005, violence in dif6 ferent parts of the country.

7 (13) Whereas members of the Commission of

8 Inquiry visited several regions, reviewed police re9 ports, met with prisoners and government officials,

10 made 122 radio and TV announcements to the pub11 lic, examined 16,990 documents, and took testi12 monies from 1,300 people.

13 (14) Whereas the Commission of Inquiry con14 cluded that 763 civilians were injured and 193

15 killed. The Commission also reported that 71 police

16 officers were injured and 6 killed. Damage to prop17 erty was estimated at $512,588. The Commission

18 also reported that more than 30,000 civilians were

19 detained, some were tortured, and prisoners in Kaliti

20 were killed.

21 (15) Whereas the Commission of Inquiry re22 ported that security forces fired 1,500 bullets at

23 prisoners, killing 17 and injuring 53. The Commis24 sion stated that civilians did not use weapons and

25 reported bank robberies by demonstrators did not


37972q.AAI
95

9

•HR 2003 IH

1 take place. The Commission’s deliberations were

2 video-taped and votes were taken on key findings on

3 July 3, 2006.

4 (16) Whereas shortly after the Commission of

5 Inquiry reached its decision, the Ethiopian Govern6 ment reportedly began to put pressure on Commis7 sion members to change their report. The Chairman

8 of the Commission, a former Supreme Court Presi9 dent of the Southern Region of Ethiopia, was told

10 by a senior advisor of Prime Minister Meles Zenawi

11 to call for an emergency meeting of the Commission

12 in order to change the Commission’s report.

13 (17) Whereas the Commission of Inquiry was

14 scheduled to give its report to the Ethiopian Par15 liament on July 7, 2006, but the Parliament was ad16 journed a day early. Several Commission members,

17 including the Chairman and the Deputy Chair, left

18 the country with the final report, other documents

19 relevant to the investigation, and several video tapes

20 of the Commission deliberations.

21 (18) Whereas in November 2006, the Chairman

22 of the Commission of Inquiry and another Commis23 sion member presented the Commission’s report and

24 briefed Members of the United State Congress.


37972q.AAJ
96

10

•HR 2003 IH

1 (19) Whereas in November 2006, at a congres2 sional briefing with members of the Commission of

3 Inquiry, a young women named Alemzuria submitted

4 her testimony about what happened to her mother,

5 Etenesh Yemam. Alemzuria’s father was elected in

6 May 2005 as Council Member of in Addis Ababa.

7 Subsequently security personnel came to arrest him

8 at his home and then shot Etenesh Yemam as she

9 pleaded for her husband’s release.

10 (20) Whereas the Commission of Inquiry inves11 tigated the killing of Etenesh Yemam and confirmed

12 beyond doubt what happened on that dreadful day.

13 Etenesh Yemam’s husband still languishes in prison

14 while Alemzuria remains a refugee in another Afri15 can country.

16 SEC. 4. SUPPORT FOR HUMAN RIGHTS IN ETHIOPIA.

17 The Secretary of State shall—

18 (1) establish a mechanism to provide financial

19 support to local and national human rights groups

20 and other relevant civil society organizations to help

21 strengthen human rights monitoring and regular re22 porting on human rights conditions in Ethiopia;

23 (2) establish a victims support network to pro24 vide legal support for political prisoners and pris25 oners of conscience and to assist local groups or


37972q.AAK
97

11

•HR 2003 IH

1 groups from outside Ethiopia that are active in mon2 itoring the status of political prisoners and prisoners

3 of conscience in Ethiopia;

4 (3) seek to increase the independence of the

5 Ethiopian judiciary through facilitation of joint dis6 cussions for court personnel, officials from the Ethi7 opian Ministry of Justice, relevant members of the

8 legislature, and civil society representatives on inter9 national human rights standards;

10 (4) create and support a judicial monitoring

11 process, consisting of local and international groups,

12 to monitor judicial proceedings throughout Ethiopia,

13 with special focus on unwarranted government inter14 vention on strictly judicial matters, and to inves15 tigate and report on actions to strengthen an inde16 pendent judiciary;

17 (5) establish a program to strengthen private

18 media in Ethiopia, provide support for training pur19 poses, offer technical and other types of support as

20 necessary, and expand programming by the Voice of

21 America to Ethiopia; and

22 (6) establish a mechanism to identify and extra23 dite members of the Mengistu Haile Mariam regime

24 and the current government residing in the United

25 States who were engaged in gross human rights vioVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00101 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG

37972q.AAL
98

12

•HR 2003 IH

1 lations and work with other governments to identify

2 and extradite such persons, including Mengistu

3 Haile Mariam.

4 SEC. 5. SUPPORT FOR DEMOCRATIZATION IN ETHIOPIA.

5 (a) STRENGTHENING LOCAL, REGIONAL, AND NA6 TIONAL DEMOCRATIC PROCESSES.—The Secretary of

7 State shall—

8 (1) provide assistance to strengthen local, re9 gional, and national parliaments and governments in

10 Ethiopia through training in consultation with gov11 ernment authorities, political parties, and civil soci12 ety groups;

13 (2) establish a program focused on reconcili14 ation efforts between the Government of Ethiopia

15 and peaceful political and civil society groups, in16 cluding in minority communities, in preparation for

17 negotiation and for participation in the political

18 process;

19 (3) strengthen training for political parties in

20 Ethiopia in areas such as organization building and

21 campaign management; and

22 (4) provide training for civil society groups in

23 election monitoring in Ethiopia.

24 (b) DEMOCRACY ENHANCEMENT.—


37972q.AAM
99

13

•HR 2003 IH

1 (1) ASSISTANCE.—United States technical as2 sistance for democracy promotion in Ethiopia should

3 be made available to the ruling party as well as op4 position parties in Ethiopia.

5 (2) RESTRICTION.—

6 (A) IN GENERAL.—Nonessential United

7 States assistance shall not be made available to

8 the Government of Ethiopia if the Government

9 of Ethiopia acts to obstruct United States tech10 nical assistance to advance human rights, de11 mocracy, independence of the judiciary, freedom

12 of the press, economic development and eco13 nomic freedom in Ethiopia.

14 (B) DEFINITION.—In this paragraph, the

15 term ‘‘nonessential United States assistance’’

16 means assistance under any provision of law,

17 other than humanitarian assistance, assistance

18 under emergency food programs, assistance to

19 combat HIV/AIDS, and other health care as20 sistance.

21 SEC. 6. ENSURING GOVERNMENT SUPPORT FOR HUMAN

22 RIGHTS, DEMOCRACY, AND ECONOMIC DE23 VELOPMENT IN ETHIOPIA.

24 (a) LIMITATION ON SECURITY ASSISTANCE; TRAVEL

25 RESTRICTIONS.—


37972q.AAN
100

14

•HR 2003 IH

1 (1) LIMITATION ON SECURITY ASSISTANCE.—

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

3 subparagraph (B), security assistance shall not

4 be provided to Ethiopia until such time as the

5 certification described in paragraph (3) is made

6 in accordance with such paragraph.

7 (B) EXCEPTION.—Subparagraph (A) shall

8 not apply with respect to peacekeeping or

9 counter-terrorism assistance. Peacekeeping or

10 counter-terrorism assistance provided to Ethi11 opia shall not be used for any other security-re12 lated purpose or to provide training to security

13 personnel or units accused of human rights vio14 lations against civilians.

15 (2) TRAVEL RESTRICTIONS.—Beginning on the

16 date that is 60 days after the date of the enactment

17 of this Act and until such time as the certification

18 described in paragraph (3) is made in accordance

19 with such paragraph, the President shall deny a visa

20 and entry into the United States to—

21 (A) any official of the Government of Ethi22 opia who—

23 (i) has been involved in giving orders

24 to use lethal force against peaceful dem25 onstrators in Ethiopia; or


37972q.AAO
101

15

•HR 2003 IH

1 (ii) has been accused of gross human

2 rights violations;

3 (B) security personnel of the Government

4 of Ethiopia who were involved in the June or

5 November 2005 shootings of demonstrators;

6 (C) security personnel responsible for mur7 dering Etenesh Yemam, as described in para8 graphs (20) and (21) of section 3; and

9 (D) security personnel responsible for mur10 dering prisoners at Kaliti prison in the after11 math of the election violence.

12 (3) CERTIFICATION.—The certification de13 scribed in this paragraph is a certification by the

14 President to Congress that the Government of Ethi15 opia is making credible, quantifiable efforts to en16 sure that—

17 (A) all political prisoners and prisoners of

18 conscience in Ethiopia have been released, their

19 civil and political rights restored, and their

20 property returned;

21 (B) prisoners held without charge or kept

22 in detention without fair trial in violation of the

23 Constitution of Ethiopia are released or receive

24 a fair and speedy trial, and prisoners whose


37972q.AAP
102

16

•HR 2003 IH

1 charges have been dismissed or acquitted and

2 are still being held are released without delay;

3 (C) the Ethiopian judiciary is able to func4 tion independently and allowed to uphold the

5 Ethiopian Constitution and international

6 human rights standards;

7 (D) security personnel involved in the un8 lawful killings of demonstrators, Etenesh

9 Yemam, and Kaliti prisoners are punished;

10 (E) family members, legal counsel, and

11 others have unfettered access to visit detainees

12 in Ethiopian prisons;

13 (F) print and broadcast media in Ethiopia

14 are able to operate free from undue interference

15 and laws restricting media freedom, including

16 sections of the Ethiopian Federal Criminal

17 Code, are revised;

18 (G) licensing of independent radio and tel19 evision in Ethiopia is open and transparent;

20 (H) access in Ethiopia is provided to the

21 Internet and the ability of citizens to freely

22 send and receive electronic mail and otherwise

23 obtain information is guaranteed;

24 (I) the National Election Board (NEB) in25 cludes representatives of political parties with


37972q.AAQ
103

17

•HR 2003 IH

1 seats in the Ethiopian Parliament and guaran2 tees independence for the NEB in its decision3 making;

4 (J) representatives of international human

5 rights organizations engaged in human rights

6 monitoring work in Ethiopia are admitted to

7 Ethiopia without undue restriction; and

8 (K) Ethiopian human rights organizations

9 are able to operate in an environment free of

10 harassment, intimidation, and persecution.

11 (4) WAIVER.—

12 (A) IN GENERAL.—The President may

13 waive the application of paragraph (1) or (2) on

14 a case-by-case basis if the President determines

15 that—

16 (i) the Government of Ethiopia has

17 met the requirements of paragraph (3);

18 and

19 (ii) such a waiver is in the national in20 terests of the United States.

21 (B) NOTIFICATION.—Prior to granting a

22 waiver under the authority of subparagraph

23 (A), the President shall transmit to Congress a

24 notification that includes the reasons for the

25 waiver.


37972q.AAR
104

18

•HR 2003 IH

1 (b) TREATMENT OF POLITICAL PRISONERS AND

2 PRISONERS OF CONSCIENCE.—

3 (1) IN GENERAL.—The President, the Secretary

4 of State, and other relevant officials of the Govern5 ment of the United States shall call upon the Gov6 ernment of Ethiopia to immediately release all polit7 ical prisoners and prisoners of conscience, especially

8 prisoners held without charge.

9 (2) TORTURE VICTIM RELIEF.—While it is the

10 responsibility of the Government of Ethiopia to com11 pensate the victims of unlawful imprisonment and

12 torture and their families for their suffering and

13 losses, the President shall provide assistance for the

14 rehabilitation of victims of torture in Ethiopia at

15 centers established for such purposes pursuant to

16 section 130 of the Foreign Assistance Act of 1961

17 (22 U.S.C. 2152).

18 (c) SENSE OF CONGRESS.—It is the sense of Con19 gress that the Government of the United States should—

20 (1) encourage the Government of Ethiopia to

21 enter into discussions with peaceful political groups

22 in order to bring such groups into full participation

23 in the political and economic affairs of Ethiopia, in24 cluding their legalization as a political party; and


37972q.AAS
105

19

•HR 2003 IH

1 (2) provide such assistance as is warranted and

2 necessary to help achieve the goal described in para3 graph (1).

4 SEC. 7. SUPPORT FOR ECONOMIC DEVELOPMENT IN ETHI5 OPIA.

6 (a) RESOURCE POLICY ASSISTANCE.—The President,

7 acting through the Administrator of the United States

8 Agency for International Development, shall provide as9 sistance for sustainable development of Ethiopia’s Nile

10 and Awash River resources, including assistance to help

11 Ethiopia with the technology necessary for the construc12 tion of irrigation systems and hydroelectric power that

13 might prevent future famine.

14 (b) HEALTH CARE ASSISTANCE.—The President,

15 acting through the Administrator of the United States

16 Agency for International Development, shall provide mate17 rial support to hospitals and health care centers in Ethi18 opia, especially hospitals and health care centers in rural

19 areas.

20 SEC. 8. REPORT.

21 Not later than 180 days after the date of the enact22 ment of this Act, the President shall transmit to Congress

23 a report on the implementation of this Act, including a

24 description of a comprehensive plan to address the secu25 rity, human rights, democratization, and economic freeVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00109 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG

37972q.AAT
106

20

•HR 2003 IH

1 dom concerns that potentially threaten the stability of the

2 Federal Democratic Republic of Ethiopia .

3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

4 (a) IN GENERAL.—There are authorized to be appro5 priated to carry out this Act $20,000,000 for each of the

6 fiscal years 2008 and 2009.

7 (b) AVAILABILITY.—Amounts appropriated pursuant

8 to the authorization of appropriations under subsection (a)

9 are authorized to remain available until expended.

Æ


37972q.AAU
107


37972z1-1.eps
108


37972z1-2.eps
109


37972z1-3.eps
110


37972z1-4.eps
111


37972z1-5.eps
112


37972z1-6.eps
113


37972z1-7.eps
114


37972z1-8.eps
115


37972z1-9.eps
116


37972z1-10.eps
117


37972z1-11.eps
118


37972z1-12.eps
119

Chairman LANTOS. I now yield to the distinguished chairman of 

the Subcommittee on Africa, my friend from New Jersey, Mr. 

Payne, the sponsor of the bill, to explain the legislation. Mr. 

Payne? 

Mr. PAYNE. Thank you very much, Mr. Chairman, and let me 

thank you for bringing this bill, H.R. 2003, up, the Ethiopia Democracy and Accountability Act. I certainly thank the ranking member, 

Ms. Ros-Lehtinen, who we have worked so closely with on so many 

issues. 

The bill is basically—we are very appreciative of the close relations between Ethiopia and the United States, but we do feel that 

there are several issues that we need to deal with. I think that by 

and large it is a bill that is well balanced. It assists Ethiopia in 

its health areas to help it move along with its institutions, but it 

also requests the release of all political prisoners. 

With that, Mr. Chairman, I ask the committee’s acceptance. 

Mr. ROHRABACHER. Mr. Chairman? 

Chairman LANTOS. Thank you, Mr. Payne. 

Mr. ROHRABACHER. I have an amendment. I have an amendment 

when the appropriate time is for offering the amendment. 

Chairman LANTOS. Right. This is the appropriate time, and I am 

happy to recognize Mr. Smith and then you. 

Mr. ROHRABACHER. Thank you, Mr. Chairman. 

Mr. SMITH OF NEW JERSEY. Let me just say I am delighted to be 

working with Chairman Payne on this particular piece of legislation. 

The idea of an Ethiopian Democracy Act was borne out of a trip 

that I made back in August 2005, after there was a mass killing 

on the streets of Addis in direct response to an egregiously flawed 

election in which the government regrettably, even though many of 

the seats went to the opposition, and it was very clear that significant intimidation was used against those who were in opposition. 

I remember meeting with President Meles, Mr. Chairman, who 

I am greatly disappointed in, who told me that he had a dossier 

on virtually every one of the opposition leaders and that it was just 

a matter of time before they were all arrested and cited for treason. 

Sure enough, true to his word, like any other petty dictator, he 

quickly turned around and arrested those individuals and incarcerated many. 

In the meantime, some have been released. The Bush administration has made representation on their behalf. I don’t think it 

has been as robust as it could be, and I would point out to my colleagues that this legislation attempts to free those political prisoners and bring at least some measure, some modicum of democracy, transparency and accountability to the Ethiopian Government. 

This is a good bill. It deserves strong bipartisan support, and I 

urge its passage. 

Chairman LANTOS. Without objection, the amendment is considered as read, and if there is any other comment—— Mr. ROHRABACHER. Mr. Chairman, I have an amendment. I have 

an amendment to the bill. 

Ms. RUSH. Amendment offered by Mr. Rohrabacher of California. 

At the appropriate place in Section 6[a][3] of the bill insert the folVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00123 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG
120

lowing new subparagraph and make appropriate technical and conforming corrections. 

Chairman LANTOS. Without objection, the amendment is considered as read and the gentleman is recognized on his amendment. 

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

[The amendment of Mr. Rohrabacher follows:]

Mr. ROHRABACHER. First of all, let me thank Mr. Payne and Mr. 

Smith for all the hard work they have done on this. I have tried 

to work with them as a team player on this legislation, which I 

consider to be vitally important. 

We have a regime that could have been. Ethiopia could have 

been a democratic country. The people of Ethiopia have demonstrated that it could have been a shining light of democracy, yet 

a group of self-serving thugs basically ignored the democratic process and decided to hold power no matter what the election results 

were in Ethiopia. 

I was shocked when I learned that you had American Humvees 

armed with machine guns rolling through the streets of Ethiopia 

murdering and maiming and terrorizing the population after their 

election into submission for a government that was not elected. 

This is not what American military assistance should be used for, 

and that is why I am very supportive of the efforts of Mr. Payne 

and Mr. Smith and what they are trying to do here. 


37972a.eps
121

As most people here know, and I have mentioned it several times 

over the years, I have a family, a constituent family that demonstrates the type of repression and dishonest government that 

they have in Ethiopia. These people who refuse to go by what the 

election returns are are—surprise, surprise—profiteering off confiscated properties. 

My amendment is not aimed at one family, although I have seen 

the results on the one immigrant family that lives in my area, but 

there are thousands of such American citizens of Ethiopian descent 

whose property has been confiscated and whose property is now 

being used by the oppressors in Ethiopia for their own benefit and 

their own profit. 

By adding my amendment, we basically are making this much 

more real against those gangsters who are running Ethiopia rather 

than just having an effect on the country as a whole because it is 

the leadership of the government that is profiteering from these 

confiscated properties, and they are profiteering personally. 

What my amendment would add to the list is just that before we 

can maintain or establish again the normal relations with Ethiopia 

and provide them other security assistance they have to at least either return property that has been unlawfully confiscated or reach 

a mutually agreeable restitution to those properties that have been 

confiscated that are owned by United States citizens. 

As I say, this makes it real because these leaders, these people 

that we are trying to affect, are actually profiteering off these confiscated properties, and that is what goes into their own pocket behind the scenes. 

With that said, and I understand Mr. Payne is supporting this 

amendment and certainly Mr. Smith, and I would hope that we 

would add this amendment which makes it tougher on the gangsters and not just the people of Ethiopia. 

Chairman LANTOS. Is there any other colleague who wishes to be 

heard on the amendment? 

Mr. Payne? 

Mr. PAYNE. Yes, Mr. Chairman. Let me say that I have worked 

very closely with Mr. Rohrabacher and feel that the issue that he 

raises is certainly a valid issue. 

However, we did include language in the bill which Mr. Rohrabacher felt was not sufficient, and I feel that the language of his 

amendment would be too restrictive and almost present itself as a 

personal bill. 

I would certainly like to work with Mr. Rohrabacher on having 

this issue resolved. I encourage my colleague to come up with some 

more appropriate language or to seek another vehicle, which do 

exist. Compensation was offered. The owner felt it was not appropriate. 

And so although we have been trying to work together, and I appreciate his support for the overall language and I do sympathize 

with the situation, I will have to oppose the final form that he has 

offered as an amendment, but do hope to work with him. 

I yield back. 

Chairman LANTOS. Mr. Royce of California? 

Mr. ROYCE. Yes. I just want to associate myself with the remarks 

made by my colleague, Congressman Rohrabacher from California. 

122

I think it is an important principle, and I think these conditions 

are conditions that should be in the bill and so I would urge adoption of this amendment. 

Mr. ROHRABACHER. Mr. Chairman? 

Mr. ROYCE. I would like to yield to Congressman Rohrabacher 

because I think he had an additional point he wanted to make. 

Mr. ROHRABACHER. I think that we have to understand that 

when we are trying to promote democracy if we are very serious 

about promoting democracy we have to have things in our legislation that actually are meaningful to the dictators, to the oppressors. 

This amendment makes it real for those people that we are trying to say quit murdering your people, quit stealing from your people because it affects them directly. Behind the scenes the people 

who are running these gangster regimes, they profit off confiscating 

other people’s—honest people’s—property in their society. 

The other things that we can do to try to pressure them because 

we are going to deny Ethiopia certain things does not affect them 

personally. This will impact their pocketbook. We have learned this 

in North Korea where no matter what pressure we put on the 

North Korean regime they didn’t start coming around until we 

started affecting bank accounts in Macau. 

Well, what we have in Ethiopia are people who are very rich off 

utilizing confiscated property, and in this case we are talking about 

property that belongs—that legitimately belongs—to United States 

citizens of Ethiopian descent. There is no reason in the world that 

we should not make this bill something that will be effective and 

impact directly on those leaders. 

I know that there is a strong lobbying effort that has been going 

on. I know that top people from this Congress have been hired, 

both Republicans and Democrats, to come back and twist our arms 

to try to get things like this out of this bill. I think it is a disgrace 

that Members of Congress would be representing this kind of regime, but we should be doing what is right here. We should be 

making this real. 

I thought I had an agreement with Mr. Payne. I am sorry to hear 

that we now don’t have that agreement, but I would plead with my 

colleagues on both sides of the aisle. Let us make this real. That 

is what this amendment does. 

By the way, if this amendment goes down the message to the dictators in Ethiopia is we really don’t care. This is all for show. Our 

lobbyists have managed to neuter this bill to the point that it is 

just for show. 

This is the trouble with what has happened with China. All 

these years we talk about human rights with China and the Chinese officials say oh, the Americans really don’t care about this because they don’t have any sanctions that really affect us. 

Well, I think at least with Ethiopia we should make it real. I 

think we should make it real with China as well. Here is our opportunity to make it real, and I would hope that my colleagues 

take a stand and say no to these lobbyists who have been hired by 

the Ethiopian Government. 

Thank you. 

Mr. SMITH OF NEW JERSEY. Mr. Chairman? 

123

Chairman LANTOS. Mr. Smith of New Jersey? 

Mr. SMITH OF NEW JERSEY. Thank you very much, Mr. Chairman. 

Mr. Chairman, let me just say to my colleagues that the idea of 

the Ethiopian Human Rights Act was an idea that I got as I got 

onto the plane after I met with Meles. When we worked on that 

bill, we got it passed in this committee in the last Congress. It died 

because the lobbyists that Mr. Rohrabacher is talking about, namely a high-powered bipartisan group of lobbyists, killed the bill and 

it never made it onto the floor. 

I was very pleased and happy when Mr. Payne and I began 

working on this legislation again this year because we are not 

going to let this go. The Ethiopia Human Rights Act is directly patterned after the Vietnam Human Rights Act. It is directly patterned after the Belarus Democracy Act, both of which I have sponsored. One is law. The other one, the Vietnam Human Rights Act, 

thanks to our good chairman, was marked up and was brought to 

the floor last week. 

We didn’t have the Rohrabacher provision in the previous bill. I 

am sorry for that. I wish I would have thought of it. I wish one 

of us would have thought of it. We didn’t have it. 

This is a strengthening amendment. As you know, Mr. Chairman, confiscated properties is one of the biggest sores and wounds 

that we have in Europe where properties that were appropriated 

by the Communists, by the Nazis, have not been conveyed back to 

the rightful owner. 

It is a problem in Latin America. It is a big problem in Cuba 

where Fidel Castro has literally ripped off his own people, took the 

homes, the plantations from their rightful owners. 

If we have an opportunity to tell a dictator to give back to American citizens that which is rightfully theirs, we should be doing it. 

This is a strengthening amendment which I fully support, and I 

hope this committee fully supports it notwithstanding what a law 

firm is lobbying to try to prevent. 

They are against this bill in its totality. They are against Mr. 

Rohrabacher’s amendment. Again, this is a strengthening amendment. This is a very, very important step forward. The step should 

not be validated by inaction. 

Mr. ROYCE. Will the gentleman yield? 

Mr. SMITH OF NEW JERSEY. I would be happy to. 

Mr. ROYCE. I just would ask the gentleman: Isn’t it the case that 

the individuals that we are talking about here generally are representative of minority groups in those communities——

Mr. SMITH OF NEW JERSEY. That is right. 

Mr. ROYCE [continuing]. Who had their property confiscated because they weren’t with the tribal majority or the ethnic or the religious majority and therefore as a consequence lost their property 

at the hands of the state? 

Mr. SMITH OF NEW JERSEY. The modus operandi in Ethiopia for 

its dictatorship and for many other dictatorships around the world 

is to take the property, especially the homes, the bank accounts 

certainly, of those who are on the wrong side of the political side, 

the wrong tribe if you will, and unfortunately that is exactly what 

has happened in Ethiopia. 

124

The Nazis did it to the Jews as we all know, the Soviets, so many 

cases are pending. I was just in Moscow recently, Mr. Chairman, 

as you know, and I was raising confiscated property issues while 

I was there. It is an issue that seemingly never goes away. 

When we can push that ball a little bit down the field, as Mr. 

Rohrabacher is attempting to do, I think we ought to do it. It 

strengthens this legislation. 

Chairman LANTOS. Any other colleague who wishes to—— Mr. PAYNE. Yes. 

Chairman LANTOS. Mr. Payne? 

Mr. PAYNE. Just once again as I indicated, the lobbyists are the 

last persons to come and see me. This has nothing to do with the 

lobbyists. 

We had legislation and an amendment that I included in the bill. 

First of all, this property was confiscated before this regime took 

over. It was done under the Mengistu regime. In fact, as I indicated, believe it or not this regime offered compensation which the 

individual felt was not adequate. 

The language that we had, we had an amendment in the legislation which Mr. Rohrabacher felt did not go far enough. I have a 

concern about legislation that becomes a personal bill. We don’t do 

personal bills anymore if the legislation kind of focuses on an individual who felt that they were unjustly done. It deals with only 

Americans whose property had been confiscated. It is just flawed 

in the way that it is written. 

I agree, as I indicated. The reason that I agreed to an amendment in the first place was because I think that the point that Mr. 

Rohrabacher is bringing out is a real issue. However, I disagree 

with the manner in which the amendment that he has introduced 

is written as opposed to the amendment that we had in the bill. 

It has nothing to do with lobbyists. It has nothing to do with 

being light on this regime, believe me, and so I just wanted to reclarify my reasons for opposing this particular amendment. It deals 

with an individual specifically, and I do not believe that legislation 

should be tailored to an individual when we have something that 

dealt with a class. 

With that, Mr. Chairman, I yield back. 

Chairman LANTOS. Mr. Burton? 

Mr. BURTON. Thank you, Mr. Chairman. I don’t think anybody 

intends to cast aspersions on another Member, a sitting Member of 

Congress. 

I do think that there is a real question about some of the activities of some of the lobbyists, and with that I will yield to Mr. Rohrabacher. 

Mr. ROHRABACHER. This bill is not for one family. It just happens 

an Ethiopian immigrant family lives in my area and I know them. 

It just happens that I know the suffering that is caused when 

governments confiscate property, especially when regimes are dictatorial regimes, and I can see the pain and agony there. I have 

met with numerous Ethiopian families who have had their property 

confiscated, and the gangsters running their country now are profiteering off that property. 

This is no different than when the Nazis took this property from 

the Jews, and of course the Nazis ended up moving their buddies 

125

and the cliques into the homes of prominent Jewish families in 

Germany. Afterwards, by the way, we insisted that even though 

the German people were not the ones that confiscated the property—it was the Nazis—that we insisted that the German people 

pay compensation for the property that was lost. That was totally 

legitimate. 

This is actually even closer here, but it is not, as it is being characterized right now, aimed at one family. This is a general principle. Look at the language that applies that our Government 

should be championing the interests of those American citizens 

who are immigrant families, Ethiopians who have now become 

United States citizens who have property claims against the dictatorship, especially when you realize that property is being used for 

personal profit by the regime that we are opposing because of its 

dictatorial nature. 

Again, this amendment, my amendment, will make it real for 

those dictators. Other things we can do to affect Ethiopia in general and the Ethiopian Government in general are not going to be 

as effective as this because behind the scenes this is a source of 

benefit and profit to those who hold the reigns of power in Ethiopia. 

Again, I totally reject the idea that this was aimed at just a family that I happened to know about. I have spoken to many Ethiopian families, and it is a general principle we are trying to establish here. 

Mr. BURTON. Let me just reclaim my time and say real briefly 

that this kind of a problem has gone on for a long, long, long time. 

I recall back in the early 1980s when the war was taking place 

between the Sandinistas and the Contras in Nicaragua. The Ortega 

family and others that were in their clique confiscated an awful lot 

of property, and even to this day there are Nicaraguan-Americans 

that are still suffering and trying to get their assets back without 

much success. 

I think this sends a very strong signal not only to Ethiopia, but 

to the rest of the world that the United States is going to stand 

for property ownership. One of the keys to the United States of 

America is that the ownership of property is really one of the guarantees that we received when we wrote the Constitution. Life, liberty, the pursuit of happiness and the ownership of property. 

If we don’t stand for that around the world then I think it is just 

a little bit hypocritical because we do it here in the United States. 

Chairman LANTOS. Thank you very much. 

The gentleman from California, Mr. Berman? 

Mr. BERMAN. Mr. Chairman, I move to strike the last word. 

Mr. Payne, I would just like to get your comments. You spent a 

great deal of time putting together this legislation, and for a long 

period of time you have been working on this legislation. 

Mr. Smith in his opening statement gave strong support to the 

purpose of this legislation. Is it your judgment that notwithstanding the merits of the issue that Mr. Rohrabacher speaks to in 

offering his amendment your ability to move legislation to focus 

criticism on practices and impose restrictions on assistance and 

travel and the other measures that you have in this bill with respect to the Government of Ethiopia that your proposal is made 

126

more difficult to pass by virtue of the passage of the Rohrabacher 

amendment and potentially risks the viability of this legislation? 

Mr. PAYNE. Actually, no, I don’t think it would be a deterrent. 

However, I think that it is basically too narrowly focused, and actually, you know, when they deal with Article 40 of the Ethiopian legislation there are some issues that kind of are out of sync. 

As I indicated, I am the last person to seemingly be defending 

the Government of Ethiopia. First of all, this property was confiscated by the Mengistu regime prior to the current government 

defeating the Communist led regime and bringing in the new 

Mengistu regime. I mean the new regime of Meles. 

There is the letter that was sent to Mr. Rohrabacher in 2002 

where a certain amount of funds were offered to the person in this 

particular situation and it was rejected by the person, by the individual, a letter of August 2002. 

Like I said, Mr. Rohrabacher’s legislation deals with citizens and 

entities not less than 50 percent beneficially owned by United 

States citizens. Our legislation dealt and there are members of the 

diaspora all over the world who had property seized so we tried to 

broaden the language to deal with people throughout the diaspora, 

Europe and so forth. 

This legislation simply says that if you are lucky enough to get 

to America then this legislation applies to you. Therefore, if you 

happen to be in Europe or in other parts of Africa this legislation 

has nothing to do with you and so there are mechanisms in place 

to compensate people who had their property seized. 

I tried to broaden the language in working with Mr. Rohrabacher. I believe in the concept and so forth, but I didn’t think 

that we should be arrogant enough to simply say that you have to 

live in the United States to have the Government of Ethiopia return your property. I just wanted it to be a broader amendment, 

which we included and which Mr. Rohrabacher rejected and once 

again is making it much more the specificity rather than the fundamental. 

I thought it was just tailored to specifically I wanted to have 

more Ethiopians from throughout the diaspora covered. This 

doesn’t say that the government is right. It just has another approach and broadens the approach to it. 

Chairman LANTOS. The chair would like to ask both Mr. Rohrabacher and Mr. Payne a question. My understanding was that 

each of you in good faith were under the impression that you had 

this issue worked out. 

Mr. ROHRABACHER. That is correct. 

Chairman LANTOS. That is correct says Mr. Rohrabacher. That is 

what Mr. Payne is saying. 

Mr. PAYNE. Right. 

Chairman LANTOS. Having high regard for both of you, may I 

make a suggestion? May I make a suggestion that you make one 

more attempt to work out the specific language which will meet 

with the approval of both of you before we take this measure to the 

floor? 

I would welcome this because it is my goal on most matters 

where we can to operate in a bipartisan fashion. Would that be acceptable to you, Mr. Rohrabacher? 

127

Mr. ROHRABACHER. Would that mean that we would then pass 

this bill through the committee without the amendment? 

Chairman LANTOS. That is what would be the effect, and on the 

assumption that you will work out an agreement I personally 

would introduce the amendment on the floor. 

Mr. ROHRABACHER. Mr. Chairman, you are making the request. 

I trust your leadership. Then if we do not include this amendment 

now I am afraid that on the floor that the lobbyists that we are 

talking about will have a much greater influence on the general 

body than they have on this committee. 

The Ethiopian Government has put out enormous resources, 

hired, as I say, some of the people, top people in our Congress, and 

I am very fearful that if we let this thing just go to the floor without this amendment—I would prefer if we would pass the amendment and have it taken out on the floor. 

Chairman LANTOS. Would it be acceptable to you to postpone action on this entire item until our next markup at which time you 

will either have a united front with Mr. Payne or I will put the 

issue to a vote? 

Mr. ROHRABACHER. Thank you very much, Mr. Chairman. That 

is certainly all right with me. 

Chairman LANTOS. Mr. Payne, is that acceptable to you? 

Mr. PAYNE. I would want the legislation passed as is. If Mr. 

Rohrabacher is opposed to it then just call for the vote. If he has 

a majority of the vote then let it be. 

I don’t think that my bill should be amended to accept his 

amendment. I would like to work it out. I would agree to work with 

him, but if he refuses just call the vote. If he has a majority of the 

vote then his amendment is in it. If it is not the bill will go forward 

the way it is period. 

Chairman LANTOS. Let me be sure I understand you. Are you objecting to postponing action on this piece of legislation until our 

next markup giving you a chance—— Mr. BERMAN. Would the chairman yield? 

Chairman LANTOS. Just 1 minute. Giving you a chance, giving 

the two of you a chance, to work out the disagreement. 

Mr. PAYNE. Mr. Chairman, this bill has been delayed for too long. 

If we have to take some action then let us vote on his amendment. 

If his amendment wins then we will approve the bill. 

I will just call for a vote on his amendment since he doesn’t seem 

to be willing to want to work along with it. Let us find out what 

happens to his amendment. 

Mr. BERMAN. Would the chairman yield? 

Chairman LANTOS. Mr. Berman? 

Mr. BERMAN. There is an alternative, Mr. Rohrabacher, to taking 

a chance with what would happen on the floor with an amendment 

that was worked out, and that is we pass the bill now without the 

amendment. 

If the bill is going on the suspension calendar, and perhaps it is 

not given that apparently it is pretty controversial as it were. A 

manager’s amendment incorporating an agreement between you 

and Mr. Payne would be pretty pro forma. 

If it is going to the Rules Committee for a rule it is possible to 

get the agreed upon language into the bill at the Rules Committee 

128

so it is not considered as a separate amendment. The rule that is 

passed can put that language into the bill so that your fear about 

what could happen in a freestanding amendment on the floor due 

to different pressures on members wouldn’t be of concern. 

Mr. ROHRABACHER. Would the gentleman yield? 

Mr. BERMAN. Yes. 

Mr. ROHRABACHER. I am agreeing with Chairman Lantos. I 

would be willing to hold off on a vote on this and try to work any 

differences out. 

Mr. Payne, however, what you are suggesting would not be acceptable because what happens today, I will have to say, when we 

are voting on this bill and it goes through if this is defeated the 

gangsters that run Ethiopia are going to be celebrating and popping the champagne corks. 

Ms. JACKSON LEE. Mr. Chairman? 

Mr. ROHRABACHER. The bottom line is they are going to believe 

that their lobbying efforts have paid off, and this will be seen as 

a defeat and the people of Ethiopia will be upset. 

This is the crux of the vote here because the bill will pass otherwise. Are we going to make it real or aren’t we? I would be happy 

to hold off. If Mr. Payne wants a vote right now—the chairman has 

requested we hold off. I would be willing to hold off and talk some 

more to Mr. Payne. If he wants a vote right now, that is what he 

demands. 

Mr. PAYNE. Well, you see, holding off. We have been holding off 

for 2 years. This bill coming out again to go through some more negotiations, you are actually playing in the hands of these people we 

are talking about trying to defeat, the lobbyists that have been 

holding up this bill for the last 2 years. 

It has just been frustrating time after time that every time we 

come up with this bill there is some technical thing that just 

doesn’t suit an individual. 

Mr. ROHRABACHER. This is a very principled issue and it has 

nothing to do with one family. It is a principle. 

We can serve as an example to all of Africa and all of the other 

dictatorships around the world that we will in reality not permit 

those dictators to take confiscated property, personally benefit, put 

the money in Swiss bank accounts. 

We are going to stand up. If at least the property of American 

citizens has been confiscated we are going to stand up for their 

rights. If American citizens of Ethiopian descent have legitimate 

claims it should be in here. We disagree on that. 

Mr. PAYNE. We don’t disagree. We just disagree with the manner 

in which you crafted this amendment. It is in the bill. 

Mr. ROHRABACHER. There will never be a way of crafting the language. 

Chairman LANTOS. Gentlemen, time has expired. 

Ms. Jackson Lee? 

Ms. JACKSON LEE. Mr. Chairman, let me thank you for your 

leadership and certainly your concern in this issue offering a compromise, but I appreciate the work of Chairman Payne. It is a difficult journey in this legislation. 

Having just come back from Ethiopia, I respect the passion of my 

good friend from California. I would beg to differ as to calling the 

129

leadership gangsters. I don’t think that in any way moves this ball 

closer to reality. 

I do think that the basic premise of the legislation, of Ethiopia 

improving its human rights and piercing into the inequities in that 

country, is valuable. That is what Mr. Payne has worked on and 

compromised over a period of time. There is great opposition to this 

bill—he is right—because he has done some things that obviously 

are not necessarily receptive, but I think they are balanced. 

I think Mr. Rohrabacher’s point is well taken. Frankly, I think 

it warrants a legislative initiative that addresses the confiscated 

properties of people from around the world that live in this country 

and not necessarily focused on Ethiopia. 

In the bill I want to make note that we have made some strides 

of language that I have offered that we are not only going to talk 

about human rights, but we are going to assist the judiciary in 

Ethiopia by exchanges between Ethiopian and United States juris 

law professors, law schools and law students, language that I asked 

to put in and that was included. 

We are not leaving the property issue alone because we are addressing the question of property dealing with the property owned 

by the government in Ethiopia, and we are encouraging and working for that property to be privatized. That is historic. That is 

something you hear about whenever you go to Ethiopia as it relates 

to the farmers. 

Then as related to this whole question of the relationship between the United States military and Ethiopian military, we now 

are putting some requirements that the Ethiopian military has to 

be trained so that they are not abusive. They have to be trained 

in issues dealing with human rights and violations of human rights 

and democracy and economic development. 

This is not a milk-toast initiative. It is an initiative that is going 

to have foes and supporters and so I think that as we pass this legislation, and I hope that we can do that, and I appreciate the effort 

at compromise. We must also emphasize that this language suggests that we continue to work with Ethiopia in the war on terror—they have done that—and that we want to strengthen the relationship between the United States and Ethiopia, but at the 

same time we want the people to stop suffering. 

We are glad that they released prisoners, but we know that they 

can do more, and I think that we do that by this legislative initiative, but we continue the engagement. This is not the end for the 

solution that Mr. Rohrabacher is asking for, and frankly I believe 

this will pull the bill down. This will throw it into the jaws of the 

lion. That lion is pretty tough. 

We need to try and move forward with a very constructive, pointed, focused legislative initiative highlighting human rights, instructing Ethiopia to move forward on the human rights question, 

giving the opportunity for democratic election, changing the economic infrastructure of Ethiopia so that less people have to walk 

miles to get their water and more systems of water infrastructure 

can be put in, more people can own their land and feed themselves. 

Why are we holding this up when compromises have been offered? The chairman has offered that he will work as this bill goes 

to the floor, and I believe that it is imperative that we move forVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00133 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG
130

ward so that Ethiopia can build its relationship as a friend of the 

United States, we as its friend, and make this instructive document that we have law so that we can see some results. 

I ask my colleagues to support the underlying legislation and to 

look forward to working with Mr. Rohrabacher as we make our way 

to the floor on some of his concerns and also would join on a larger 

bill on this question as it relates to American citizens who live here 

from around the world who have suffered that kind of situation. 

I yield back. 

Mr. MANZULLO. Mr. Chairman? 

Chairman LANTOS. Yes? 

Mr. MANZULLO. Move to strike the last word. 

Chairman LANTOS. Mr. Manzullo? 

Mr. MANZULLO. I am looking at this bill, and I am really wondering what it does except give money to non-governmental organizations to do what is already being done now. 

As I look at the documents in front of me, the U.S. Government 

spends $2.5 million for developing political parties, for a more 

participatory civil society, and a more free and transparent electoral process. We spend $2.1 million in activities that focus on consensus building, active representation, and engaged political parties. 

We spend $5.75 million to provide training to improve judicial 

system administration and independence, support the Independent 

Human Rights Commission, improve capacity of civil society to 

monitor human rights violations, provide training in human rights 

for police, judges, prosecutors, private lawyers, and promote institutional capacity of local governments. We spend this already. This 

is about $10 million a year. 

If you look at this bill, it spends $40 million over the next 2 

years, for example, to facilitate joint discussions between court personnel, officials from the Ethiopian Ministry of Justice. You pick up 

the phone and say, ‘‘Hello.’’ Why do you have to spend $40 million 

to do that? 

This bill is milk toast if you go through it item by item. Encourage changes between Ethiopia and United States juris law 

schools—that is going on right now—and professors. So we can 

take and give money to universities so they can send professors 

over to Ethiopia and then the Ethiopian Government can send professors over here? 

Establish a program in consultation with Ethiopian civil society 

to provide for a judicial monitoring process? We are spending $2.1 

million a year to do that. Establish a program in consultation with 

Ethiopian civil society and provide support to other programs? 

I mean, aside from expanding Voice of America’s Ethiopian programs I don’t see why spending $40 million here is going to do anything more than what is already being spent, and I will yield to 

my friend, Mr. Payne. 

Mr. PAYNE. Sure. As you know, Ethiopia is one of the strongest 

allies that the United States has. As a matter of fact, your administration asked Ethiopia to go into Somalia, which I disagreed with, 

but that is what they wanted because they felt there may be some 

al-Qaeda people there. 

131

If we are going to depend on Ethiopia, which has been an ally 

of the United States for decades, for centuries, then what we ought 

to do is to try to strengthen that government because they are having their troops go into places where we don’t send ours and so we 

are trying to say that Ethiopia has the core to once again become 

a democratic country and so we are trying to strengthen the institution. 

Mr. MANZULLO. I understand. Reclaiming my time, I don’t see 

how exchanging professors of law between the two countries will do 

that. You are better off giving them $40 million in guns if that is 

what you want to do. 

Ms. WATSON. Mr. Chairman? 

Mr. SHERMAN. Would the gentleman yield? 

Chairman LANTOS. Just one moment, please. We have a number 

of other items to deal with. I believe this issue has been discussed 

maybe not ad nauseam, but certainly ad infinitum, and unless 

someone has a burning and palpably fresh point to offer——

FEMALE VOICE. It is a high standard. 

Chairman LANTOS. It is a high standard which members of this 

committee are capable of achieving. 

Mr. MANZULLO. Then I will yield back my time. 

Chairman LANTOS. I am inclined to put the issue to a vote. That 

clearly is the desire of——

Mr. PAYNE. Mr. Chairman, if you would? 

Chairman LANTOS. Yes? 

Mr. PAYNE. I would be willing to go along with Mr. Berman’s 

suggestion and will agree to work to a rule that Mr. Berman seems 

to be conversant with and that we would try to make an agreement. 

Now, if that is unacceptable to Mr. Rohrabacher to agree to Mr. 

Berman’s suggestion then I would call for the vote. 

Mr. ROHRABACHER. Mr. Chairman, I would be willing to go along 

with the chairman’s recommendation, which was aiming toward a 

real compromise, rather than trying to pass this bill through without adding the real meaningful clause, which I think my amendment does. 

If the chairman’s request is being rejected by Mr. Payne, I will 

just go along with the chairman. 

Mr. GALLEGLY. Mr. Chairman, a parliamentary inquiry? 

Chairman LANTOS. Just one moment. I want to be sure we are 

all on the same page. 

Mr. Payne, I understand Mr. Rohrabacher is prepared to have 

this item moved to the next markup session of the committee. Are 

you in agreement with that? 

Mr. PAYNE. Mr. Chairman, the next markup is a month from 

now, and we still have time that is—you know, it has been 2 years 

now, 2 years and a month. 

I think that Mr. Berman made a very potent suggestion, and I 

would like to see us—I am willing to compromise with that. If Mr. 

Rohrabacher doesn’t have confidence in the suggestion made by 

Mr. Berman then——

Chairman LANTOS. Well, let me ask you specifically. Are you prepared to accept my compromise move to postpone this issue until 

132

the next markup session of the committee? That is the question I 

am posing. 

Mr. PAYNE. I would rather call the vote, and then I would like 

to see the bill passed. 

I think the bill is much more important, and if we continue to 

dally over individuals’ personal points of view then the country continues to suffer so I would rather see the bill go forward at this 

point and at this time so I will call for and then you I guess have 

to call for the Rohrabacher amendment. 

Chairman LANTOS. It is the intention of the chair to put the 

issue to a vote. First we will do it by voice and then we will go on 

a roll call. 

The question occurs on the Rohrabacher amendment. All in favor 

will say aye. 

[Chorus of ayes.] 

Chairman LANTOS. Opposed will say no? 

[Chorus of noes.] 

Chairman LANTOS. The clerk will call the roll. 

Ms. RUSH. Chairman Lantos? 

Chairman LANTOS. I pass. 

Ms. RUSH. Chairman Lantos passes. 

Mr. Berman? 

Mr. BERMAN. No. 

Ms. RUSH. Mr. Berman votes no. 

Mr. Ackerman? 

Mr. Ackerman. No. 

Ms. RUSH. Mr. Ackerman votes no. 

Mr. Faleomavaega? 

Mr. FALEOMAVAEGA. No. 

Ms. RUSH. Mr. Faleomavaega votes no. 

Mr. Payne? 

Mr. PAYNE. No. 

Ms. RUSH. Mr. Payne votes no. 

Mr. Sherman? 

Mr. SHERMAN. No. 

Ms. RUSH. Mr. Sherman votes no. 

Mr. Wexler? 

Mr. WEXLER. No. 

Ms. RUSH. Mr. Wexler votes no. 

Mr. Engel? 

[No response.] 

Ms. RUSH. Mr. Delahunt? 

[No response.] 

Ms. RUSH. Mr. Meeks? 

[No response.] 

Ms. RUSH. Ms. Watson? 

Ms. WATSON. No. 

Ms. RUSH. Ms. Watson votes no. 

Mr. Smith of Washington? 

Mr. SMITH OF WASHINGTON. No. 

Ms. RUSH. Mr. Smith of Washington votes no. 

Mr. Carnahan? 

Mr. CARNAHAN. No. 

Ms. RUSH. Mr. Carnahan votes no. 

133

Mr. Tanner? 

[No response.] 

Ms. RUSH. Mr. Green? 

[No response.] 

Ms. RUSH. Ms. Woolsey? 

Ms. WOOLSEY. No. 

Ms. RUSH. Ms. Woolsey votes no. 

Ms. Jackson Lee? Ms. Jackson Lee? 

Ms. JACKSON LEE. Did you call on me? 

Ms. RUSH. Yes, I did. 

Ms. JACKSON LEE. No. 

Ms. RUSH. Ms. Jackson Lee votes no. 

Mr. Hinojosa? 

[No response.] 

Ms. RUSH. Mr. Crowley? 

Mr. CROWLEY. No. 

Ms. RUSH. Mr. Crowley votes no. 

Mr. Wu? 

Mr. WU. No. 

Ms. RUSH. Mr. Wu votes no. 

Mr. Miller? 

Mr. MILLER. No. 

Ms. RUSH. Mr. Miller votes no. 

Ms. Sa ́nchez? 

Ms. SA ́ NCHEZ. No. 

Ms. RUSH. Ms. Sa ́nchez votes no. 

Mr. Scott? 

Mr. SCOTT. No. 

Ms. RUSH. Mr. Scott votes no. 

Mr. Costa? 

Mr. COSTA. No. 

Ms. RUSH. Mr. Costa votes no. 

Mr. Sires? 

Mr. SIRES. No. 

Ms. RUSH. Mr. Sires votes no. 

Ms. Giffords? 

Ms. GIFFORDS. No. 

Ms. RUSH. Ms. Giffords votes no. 

Mr. Klein? 

Mr. KLEIN. No. 

Ms. RUSH. Mr. Klein votes no. 

Ms. Ros-Lehtinen? 

Ms. ROS-LEHTINEN. Yes. 

Ms. RUSH. Ms. Ros-Lehtinen votes yes. 

Mr. Smith of New Jersey? 

Mr. SMITH OF NEW JERSEY. Yes. 

Ms. RUSH. Mr. Smith of New Jersey votes yes. 

Mr. Burton? 

Mr. BURTON. In the name of property rights, I vote yes. 

Ms. RUSH. Mr. Burton votes yes. 

Mr. Gallegly? 

Mr. GALLEGLY. Yes. 

Ms. RUSH. Mr. Gallegly votes yes. 

Mr. Rohrabacher? 

134

Mr. ROHRABACHER. Yes. 

Ms. RUSH. Mr. Rohrabacher votes yes. 

Mr. Manzullo? 

Mr. MANZULLO. Aye. 

Ms. RUSH. Mr. Manzullo votes yes. 

Mr. Royce? 

Mr. ROYCE. Yes. 

Ms. RUSH. Mr. Royce votes yes. 

Mr. Chabot? 

Mr. CHABOT. Aye. 

Ms. RUSH. Mr. Chabot votes yes. 

Mr. Tancredo? 

Mr. TANCREDO. Yes. 

Ms. RUSH. Mr. Tancredo votes yes. 

Mr. Paul? 

Mr. PAUL.0 No. 

Ms. RUSH. Mr. Paul votes no. 

Mr. Flake? 

Mr. FLAKE. No. 

Ms. RUSH. Mr. Flake votes no. 

Ms. Davis? 

[No response.] 

Ms. RUSH. Mr. Pence? 

Mr. PENCE. Aye. 

Ms. RUSH. Mr. Pence votes yes. 

Mr. Wilson? 

Mr. WILSON. Yes. 

Ms. RUSH. Mr. Wilson votes yes. 

Mr. Boozman? 

Mr. BOOZMAN. No. 

Ms. RUSH. Mr. Boozman votes no. 

Mr. Barrett? 

[No response.] 

Ms. RUSH. Mr. Mack? 

Mr. MACK. Yes. 

Ms. RUSH. Mr. Mack votes yes. 

Mr. Fortenberry? 

Mr. FORTENBERRY. Yes. 

Ms. RUSH. Mr. Fortenberry votes yes. 

Mr. McCaul? 

[No response.] 

Ms. RUSH. Mr. Poe? 

Mr. POE. Yes. 

Ms. RUSH. Mr. Poe votes yes. 

Mr. Inglis? 

Mr. INGLIS. Yes. 

Ms. RUSH. Mr. Inglis votes yes. 

Mr. Fortun ̃ o? 

Mr. FORTUN ̃ O. Yes. 

Ms. RUSH. Mr. Fortun ̃ o votes yes. 

Mr. Bilirakis? 

Mr. BILIRAKIS. Yes. 

Ms. RUSH. Mr. Bilirakis votes yes. 

Chairman LANTOS. Any members not recorded? 

135

Mr. DELAHUNT. Mr. Chairman? 

Chairman LANTOS. Mr. Delahunt? 

Mr. DELAHUNT. How am I recorded? 

Ms. RUSH. You are not recorded as voting. 

Mr. DELAHUNT. I vote no. 

Ms. RUSH. Mr. Delahunt votes no. 

Chairman LANTOS. Any other member? 

[No response.] 

Chairman LANTOS. How am I recorded? 

Ms. RUSH. You are recorded as present. 

Chairman LANTOS. I will vote no. 

Ms. RUSH. Mr. Lantos votes no. 

Chairman LANTOS. The clerk will report. 

Ms. RUSH. On this vote there are 17 ayes and 25 noes. 

Chairman LANTOS. And the amendment is not agreed to. 

We will now move to final passage of——

Mr. SHERMAN. Mr. Chairman? 

Chairman LANTOS. Just 1 second. We will now move to final passage of this bill. 

Mr. SHERMAN. Mr. Chairman? 

Chairman LANTOS. Then we will recess until the vote goes on, 

and then we will return. 

We will now vote. The question occurs on the amendment in the 

nature of a substitute as amended. 

Mr. SHERMAN. Mr. Chairman? 

Chairman LANTOS. All in favor will vote aye. 

[Chorus of ayes.] 

Chairman LANTOS. Opposed will vote no. 

[Chorus of noes.] 

Chairman LANTOS. The ayes have it, and the amendment is 

agreed to. 

The question occurs on the motion to authorize consideration of 

the bill under suspension as amended. All in favor say aye. 

[Chorus of ayes.] 

Chairman LANTOS. Opposed say no. 

[Chorus of noes.] 

Chairman LANTOS. The ayes have it, and the motion to report favorably is adopted. 

Without objection, the bill will be reported as a single amendment in the nature of a substitute incorporating the amendments 

adopted by the committee, and the staff is directed to make any 

technical and conforming amendments. 

We shall now break for our vote and then resume. 

[Recess.] 

Chairman LANTOS. The committee will resume. Let us close the 

door, please. 

Pursuant to notice I call up the bill, S. 1612, the International 

Emergency Economic Powers Enhancement Act, for purposes of 

markup and move that the chairman be authorized to seek consideration of S. 1612 by the House under suspension of the rules. 

Without objection, the legislation is considered as read, and I 

yield myself such time as may be necessary to explain this legislation. 

[S. 1612 follows:]

136

1

I

110TH CONGRESS

1ST SESSION S. 1612

IN THE HOUSE OF REPRESENTATIVES

JULY 10, 2007

Referred to the Committee on Foreign Affairs

AN ACT

To amend the penalty provisions in the International

Emergency Economic Powers Act, 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 ‘‘International Emer5 gency Economic Powers Enhancement Act’’.

6 SEC. 2. INCREASED PENALTIES FOR VIOLATIONS OF IEEPA.

7 (a) IN GENERAL.—Section 206 of the International

8 Emergency Economic Powers Act (50 U.S.C. 1705) is

9 amended to read as follows:

10 ‘‘SEC. 206. PENALTIES.

11 ‘‘(a) UNLAWFUL ACTS.—It shall be unlawful for a

12 person to violate, attempt to violate, conspire to violate,


37972r.AAB
137

2

S 1612 RFH2

1 or cause a violation of any license, order, regulation, or

2 prohibition issued under this title.

3 ‘‘(b) CIVIL PENALTY.—A civil penalty may be im4 posed on any person who commits an unlawful act de5 scribed in subsection (a) in an amount not to exceed the

6 greater of—

7 ‘‘(1) $250,000; or

8 ‘‘(2) an amount that is twice the amount of the

9 transaction that is the basis of the violation with re10 spect to which the penalty is imposed.

11 ‘‘(c) CRIMINAL PENALTY.—A person who willfully

12 commits, willfully attempts to commit, or willfully con13 spires to commit, or aids or abets in the commission of,

14 an unlawful act described in subsection (a) shall, upon

15 conviction, be fined not more than $1,000,000, or if a nat16 ural person, may be imprisoned for not more than 20

17 years, or both.’’.

18 (b) EFFECTIVE DATE.—

19 (1) CIVIL PENALTIES.—Section 206(b) of the

20 International Emergency Economic Powers Act, as

21 amended by subsection (a), shall apply to violations

22 described in section 206(a) of such Act with respect

23 to which enforcement action is pending or com24 menced on or after the date of the enactment of this

25 Act.


37972r.AAC
138

3

S 1612 RFH2

1 (2) CRIMINAL PENALTIES.—Section 206(c) of

2 the International Emergency Economic Powers Act,

3 as amended by subsection (a), shall apply to viola4 tions described in section 206(a) of such Act with

5 respect to which enforcement action is commenced

6 on or after the date of the enactment of this Act.

Passed the Senate June 26, 2007.

Attest: NANCY ERICKSON,

Secretary.


37972r.AAD
139

Chairman LANTOS. The International Emergency Economic Powers Act, or ‘‘IEEPA,’’ has over the years given Presidents the ability 

to initiate significant economic sanctions against terrorists and terrorist groups, their supporters and financiers and against the very 

worst of the world’s rogue regimes, yet the penalties for violating 

IEEPA’s provisions are ludicrously small. 

If you send $1 million to Osama bin Laden, your fine is $50,000. 

Sending a milling machine for shaping nuclear warheads to Iran’s 

President Ahmadinejad, the same maximum fine. It may well be 

that with existing IEEPA penalties so low they might just as well 

be labeled as the cost of doing business. 

S. 1612 increases civil penalties from $10,000 to $250,000 or an 

amount that is twice the amount of the transaction that is the 

basis of the violation with respect to which the penalty is imposed. 

It also increases criminal penalties from $50,000 or 10 years imprisonment, or both, to $1 million or imprisonment up to 20 years. 

This increase in penalties is entirely appropriate given the critical importance of the International Emergency Economic Powers 

Act to our national security, and I urge all of my colleagues to support it. 

It is now my pleasure to turn to my friend, Ms. Ros-Lehtinen, to 

provide her views on the legislation. 

Ms. ROS-LEHTINEN. Thank you so much, Mr. Lantos, for working 

on this on a bipartisan spirit as always. 

I have a lengthy and very intelligent statement that not even my 

husband would like for me to deliver, so in the interest of time I 

would like to yield to Mr. Manzullo, who has been very involved 

with this legislation, and he would like to have a colloquy with you. 

Chairman LANTOS. Before we hear from Mr. Manzullo, let me assure that while your husband may be impatient with your comments, the chair is always ready to listen to them. 

Ms. ROS-LEHTINEN. Thank you, Mr. Chairman. 

Mr. MANZULLO. Thank you very much. I obviously will be supporting the bill. 

Mr. Chairman, I have three underlying concerns with the IEEPA 

bill. For the sake of time, I will simply reference the first two concerns and then request that we engage in a short colloquy on the 

third. 

First, I am concerned that IEEPA significantly raises the penalties that may be levied for export control and sanctions violations 

without taking into account unintentional, accidental or inadvertent violations by companies which are trying to comply with 

the law. 

I was prepared to offer an amendment to address this concern, 

but have since been assured by the Departments of Treasury and 

Commerce that they will not abuse this new authority. I received 

a letter from Undersecretary of Commerce Mancuso that I respectfully request be inserted into the record. 

Chairman LANTOS. Without objection. 

Mr. MANZULLO. Thank you. 

[The information referred to follows:]

140


37972a-1.eps
141


37972a-2.eps
142


37972a-3.eps
143


37972a-4.eps
144


37972a-5.eps
145


37972a-6.eps
146


37972a-7.eps
147


37972a-8.eps
148


37972a-9.eps
149

Mr. MANZULLO. Second, I am very concerned about the lack of 

knowledge most businesses have regarding issues related to sanctions. 

Mr. Chairman, I have an amendment at the desk that would 

mandate better small business outreach by the Departments of 

Treasury and Commerce before this act comes into effect. This 

would be a true deterrence, much better than Treasury issuing a 

$932.45 penalty for a company that inadvertently facilitates an export of raw cotton from the Sudan to Bangladesh. 

Mr. Chairman, I will not offer this amendment, but respectfully 

request that we work together to make sure that small businesses 

receive the guidance they need. 

Finally, Mr. Chairman, and most important to the aerospace 

manufacturers in our country, I must express strong concern about 

how the Department of State is currently interpreting Section 17[c] 

of the Export Administration Act. 

I had an amendment at the desk that addresses and resolves the 

concern, but I obviously will not be introducing that in light of our 

colloquy. Mr. Chairman, may I enter into a colloquy with you concerning that amendment? 

Chairman LANTOS. Please. 

Mr. MANZULLO. Thank you. The manufacturers in this country 

desperately need resolution brought to an interagency dispute that 

has not resolved itself and unnecessarily caused the aerospace industry billions of dollars and is threatening the loss of thousands 

of jobs in this country from New York to California. 

The dispute is over an interpretation of Provision 17[c] of the 

EAA which says that all civil aircraft parts and components that 

were previously certified by the Federal Aviation Administration 

shall be controlled by Commerce. However, the Department of 

State believes that the law is unclear and does not recognize the 

authority of Section 17[c]. 

What this means to the tens of thousands of workers whose jobs 

are at stake is that their employers from the large multinational 

to the small mom and pop shop must engage in excessive and costly efforts to verify that the original design intent or predominant 

global use are not military in nature. 

This means that a small manufacturer will have to devote scarce 

resources to determine either, one, the entire engineering history 

of that item to determine that it has never been used for military 

application, however simple that item may be, including a screw, 

bracket, sealant or brake system that may have been developed 50 

years ago; or, two, conduct a costly survey to determine if the global predominance of the item is commercial. 

In a recent hearing held by Chairman Sherman, Assistant Secretary of Commerce Chris Padilla declared that 17[c] is very clear 

and that these items are clearly under Commerce’s control. Likewise, I believe that congressional intent is quite clear and supports 

Assistant Secretary Padilla’s conclusion. 

When 17[c] was passed by our predecessors the accompanying report language stated:

‘‘In providing in this section that civil aircraft equipment be 

subject to export controls under the Export Administration Act 

process rather than the Arms Export Control Act the comVerDate Mar 21 2002 14:50 Jan 04, 2008 Jkt 000000 PO 00000 Frm 00153 Fmt 6633 Sfmt 6633 F:\WORK\FULL\092607M\37972.000 DOUG PsN: DOUG
150

mittee intends that the Department of Defense should nevertheless continue to review license application for such exports 

since they may have important military applications. 

‘‘The committee notes, however, that all FAA certified equipment integrated in civilian aircraft is so certified because it 

contributes to in-flight safety. That being the case, it is appropriate that it be subject to the flexible case-by-case controls of 

the Export Administration Act of 1969 rather than the more 

stringent controls imposed by legislation and executive determination under the Arms Export Control Act.’’

Mr. Chairman, I have expressed my concerns of the State Department’s interpretation of 17[c]. I have also shared the impact of 

this interpretation on aerospace manufacture with the administration through meetings, phone calls and letters. 

Most recently, 34 Members, including 22 members of this committee, on both sides of the political aisle sent a letter to the President requesting that he provide clear guidance to the aerospace industry. My impression is that the administration is unlikely to resolve this issue without encouragement and leadership from this 

committee. 

The amendment that I was prepared to offer would seek to reaffirm congressional intent that Commerce controls these items. I 

firmly believe that this committee and this Congress must act now. 

Mr. Chairman, you have an excellent record of exercising leadership on challenging issues, and that is why our nation’s aerospace 

manufacturers and I respectfully request that this committee, 

through your leadership, bring resolution to the issue. 

Mr. SHERMAN. Mr. Chairman? 

Chairman LANTOS. I thank my friend from Illinois for his remarks. I agree with the gentleman that the licensing jurisdiction 

of aircraft components that are wholly or predominantly civilian 

need to be clarified by our administration. 

To that end, committee staff has been working with industry and 

the Departments of State and Commerce for several months now 

to resolve this issue as quickly as possible. I understand that the 

gentleman has been doing the same, and I commend him for his 

efforts in this regard. 

I am prepared to commit to working with him and the administration to clarify the licensing jurisdiction of civil aircraft components to promote both greater competitiveness of the U.S. civil 

aviation industry and the safeguarding of U.S. national security, 

taking into account original congressional intent. 

We will seek to achieve this before the end of the current session 

of Congress by all appropriate means, including legislation, should 

that be necessary. 

I am pleased to recognize now the gentleman from California, 

Mr. Sherman. 

Mr. SHERMAN. Mr. Chairman, I would report to the committee 

that our subcommittee did have hearings on this issue. Mr. Manzullo was an active participant in those hearings. 

We expect that sometime in October we will mark up a bill dealing with all of the issues that arise when we license the export of 

munitions and dual use items, and I believe that that bill will go 

151

at least 95 percent in the direction that Mr. Manzullo would like 

us to reach. 

He is absolutely correct that this is a burden on those who make 

parts for aircraft and ultimately will be a burden on our ability to 

sell aircraft around the world. 

I yield back. 

Mr. MANZULLO. Mr. Chairman? 

Mr. PENCE. Mr. Chairman? 

Chairman LANTOS. Yes, Mr. Manzullo? 

Mr. MANZULLO. I want to thank you for the colloquy and look forward to working with you and your committee. 

Chairman LANTOS. It will be a pleasure to engage in a colloquy 

with you, a continuing colloquy. 

With unanimous consent, I am introducing into the record a letter from the Department of the Treasury concerning this matter. 

[The information referred to follows:]

152


37972c-1.eps
153


37972c-2.eps
154

Chairman LANTOS. Are there any amendments? 

Mr. PENCE. Mr. Chairman? 

Chairman LANTOS. Mr. Pence? 

Mr. PENCE. I have an amendment at the desk. 

Chairman LANTOS. The clerk will distribute the amendment expeditiously. 

The clerk will report. 

Ms. RUSH. Amendment to S. 1612 offered by Mr. Pence of Indiana. 

At the appropriate place in the bill insert the following new section, Section blank, ‘‘Sense of Congress respecting...’’——

Chairman LANTOS. Without objection, the amendment will be 

considered as read. 

[The amendment of Mr. Pence follows:]

155


37972ba-1.eps
156


37972ba-2.eps
157


37972ba-3.eps
158

Mr. ACKERMAN. Mr. Chairman? 

Ms. ROS-LEHTINEN. Mr. Chairman? 

Chairman LANTOS. The gentleman from New York? 

Mr. ACKERMAN. Mr. Chairman, I would like to make a point of 

order against the amendment. 

Chairman LANTOS. A point of order is made against the amendment. 

Ms. ROS-LEHTINEN. Mr. Chairman? 

Chairman LANTOS. The gentleman will state his point of order. 

Mr. ACKERMAN. Mr. Chairman, this amendment deals with subject matter outside of the scope of the legislation as the underlying 

legislation does not address Iraq. 

In addition, the amendment deals with jurisdiction outside of the 

jurisdiction of the committee and is in violation of Rule 10 of the 

House of Representatives and therefore is not germane. 

Chairman LANTOS. The chair is prepared to rule. 

Mr. PENCE. Mr. Chairman? 

Ms. ROS-LEHTINEN. Mr. Chairman? 

Chairman LANTOS. The chair is prepared to rule. 

Mr. PENCE. Mr. Chairman? 

Ms. ROS-LEHTINEN. If we could have a brief statement? 

Chairman LANTOS. The chair is prepared to rule. 

This amendment deals with a subject matter that is outside the 

scope of the legislation as the underlying legislation does not address Iraq. 

In addition, the amendment deals with jurisdiction outside the 

jurisdiction of the committee and is in violation of Rule 10 of the 

House of Representatives, and therefore it is not germane. 

The point of order raised by the gentleman from New York is 

sustained. 

Mr. PENCE. Mr. Chairman? 

Ms. ROS-LEHTINEN. Mr. Chairman? 

Mr. PENCE. I would move to appeal the ruling of the chair. 

MALE VOICE. Mr. Chairman, I move to lay the gentleman’s motion on the table. 

Chairman LANTOS. The question is on the motion to table. All 

those in favor say aye? 

[Chorus of ayes.] 

Chairman LANTOS. Opposed, no? 

[Chorus of noes.] 

Chairman LANTOS. I ask for a roll call. 

Ms. RUSH. Chairman Lantos? 

Chairman LANTOS. Yes. 

Ms. RUSH. Chairman Lantos votes yes. 

Mr. Berman? 

Mr. BERMAN. Aye. 

Ms. RUSH. Mr. Berman votes yes. 

Mr. Ackerman? 

Mr. ACKERMAN. Yes. 

Ms. RUSH. Mr. Ackerman votes yes. 

Mr. Faleomavaega? 

Mr. FALEOMAVAEGA. Yes. 

Ms. RUSH. Mr. Faleomavaega votes yes. 

Mr. Payne? 

159

Mr. PAYNE. Yes. 

Ms. RUSH. Mr. Payne votes yes, 

Mr. Sherman? 

Mr. SHERMAN. Yes. 

Ms. RUSH. Mr. Sherman votes yes. 

Mr. Wexler? 

[No response.] 

Ms. RUSH. Mr. Engel? 

[No response.] 

Ms. RUSH. Mr. Delahunt? 

Mr. DELAHUNT. Yes. 

Ms. RUSH. Mr. Delahunt votes yes. 

Mr. Meeks? 

[No response.] 

Ms. RUSH. Ms. Watson? 

Ms. WATSON. Yes. 

Ms. RUSH. Ms. Watson votes yes. 

Mr. Smith of Washington? 

Mr. SMITH OF WASHINGTON. Aye. 

Ms. RUSH. Mr. Smith of Washington votes yes. 

Mr. Carnahan? 

Mr. CARNAHAN. Yes. 

Ms. RUSH. Mr. Carnahan votes yes. 

Mr. Tanner? 

[No response.] 

Ms. RUSH. Mr. Green? 

[No response.] 

Ms. RUSH. Ms. Woolsey? 

Ms. WOOLSEY. Yes. 

Ms. RUSH. Ms. Woolsey votes yes. 

Ms. Jackson Lee? 

Ms. JACKSON LEE. Yes. 

Ms. RUSH. Ms. Jackson Lee votes yes. 

Mr. Hinojosa? 

[No response.] 

Ms. RUSH. Mr. Crowley? 

Mr. CROWLEY. Yes. 

Ms. RUSH. Mr. Crowley votes yes. 

Mr. Wu? 

[No response.] 

Ms. RUSH. Mr. Miller? 

Mr. MILLER. Yes. 

Ms. RUSH. Mr. Miller votes yes. 

Ms. Sa ́nchez? 

Ms. SA ́ NCHEZ. Yes. 

Ms. RUSH. Ms. Sa ́nchez votes yes. 

Mr. Scott? 

Mr. SCOTT. Yes. 

Ms. RUSH. Mr. Scott votes yes. 

Mr. Costa? 

Mr. COSTA. Yes. 

Ms. RUSH. Mr. Costa votes yes. 

Mr. Sires? 

Mr. SIRES. Yes. 

160

Ms. RUSH. Mr. Sires votes yes. 

Ms. Giffords? 

[No response.] 

Ms. RUSH. Mr. Klein? 

Ms. GIFFORDS. Yes. 

Ms. RUSH. Sorry. Ms. Giffords votes yes. 

Mr. Klein? 

Mr. KLEIN. Yes. 

Ms. RUSH. Mr. Klein votes yes. 

Ms. Ros-Lehtinen? 

Ms. ROS-LEHTINEN. On behalf of those who wear our nation’s 

uniform, no. 

Ms. RUSH. Ms. Ros-Lehtinen votes no. 

Mr. Smith of New Jersey? 

Mr. SMITH OF NEW JERSEY. No. 

Ms. RUSH. Mr. Smith of New Jersey votes no. 

Mr. Burton? 

Mr. BURTON. No. 

Ms. RUSH. Mr. Burton votes no. 

Mr. Gallegly? 

[No response.] 

Ms. RUSH. Mr. Rohrabacher? 

Mr. ROHRABACHER. No. 

Ms. RUSH. Mr. Rohrabacher votes no. 

Mr. Manzullo? 

Mr. MANZULLO. No. 

Ms. RUSH. Mr. Manzullo votes no. 

Mr. Royce? 

Mr. ROYCE. No. 

Ms. RUSH. Mr. Royce votes no. 

Mr. Chabot? 

Mr. CHABOT. No. 

Ms. RUSH. Mr. Chabot votes No. 

Mr. Tancredo? 

Mr. TANCREDO. No. 

Ms. RUSH. Mr. Tancredo votes no. 

Mr. Paul? 

[No response.] 

Ms. RUSH. Mr. Flake? 

[No response.] 

Ms. RUSH. Ms. Davis? 

[No response.] 

Ms. RUSH. Mr. Pence? 

Mr. PENCE. Still believing the House should be heard on this, I 

vote no. 

Ms. RUSH. Mr. Pence votes no. 

Mr. Wilson? 

Mr. WILSON. No. 

Ms. RUSH. Mr. Wilson votes no. 

Mr. Boozman? 

[No response.] 

Ms. RUSH. Mr. Barrett? 

Mr. BARRETT. No. 

Ms. RUSH. Mr. Barrett votes no. 

161

Mr. Mack? 

[No response.] 

Ms. RUSH. Mr. Fortenberry? 

[No response.] 

Ms. RUSH. Mr. McCaul? 

[No response.] 

Ms. RUSH. Mr. Poe? 

[No response.] 

Ms. RUSH. Mr. Inglis? 

[No response.] 

Ms. RUSH. Mr. Fortun ̃ o? 

Mr. FORTUN ̃ O. No. 

Ms. RUSH. Mr. Fortun ̃ o votes no. 

Mr. Bilirakis? 

Mr. BILIRAKIS. No. 

Ms. RUSH. Mr. Bilirakis votes no. 

Chairman LANTOS. Are there any members who have not been 

recorded? Mr. Meeks? 

Mr. MEEKS. Aye. 

Ms. RUSH. Mr. Meeks votes yes. 

Chairman LANTOS. Mr. Wexler? 

Mr. WEXLER. Yes. 

Ms. RUSH. Mr. Wexler votes yes. 

Chairman LANTOS. Anybody on the Republican side? 

[No response.] 

Chairman LANTOS. The clerk will report. 

Mr. Engel? 

Mr. ENGEL. Yes. 

Ms. RUSH. Mr. Engel votes yes. 

Chairman LANTOS. The clerk will report. 

Ms. RUSH. On this vote there are 23 ayes and 13 nays. 

Chairman LANTOS. The motion is carried. 

Mr. BURTON. Mr. Chairman? Mr. Chairman? 

Chairman LANTOS. Mr. Burton? 

Mr. BURTON. I have a parliamentary inquiry, sir. 

Chairman LANTOS. Please state your inquiry. 

Mr. BURTON. We have had numerous hearings on Iraq and the 

war and Afghanistan and Iraq, and I cannot understand—maybe 

you can explain, Mr. Chairman—why this is not germane. Why is 

this not within the purview of this committee? 

We have had numerous hearings on it, and if this doesn’t fall 

within the purview of this committee then why did we have those 

other hearings? 

Chairman LANTOS. If I may respond to my good friend from Indiana? He is absolutely correct. The committee had a number of 

hearings on Iraq, and given the fact that the war continues we are 

likely to have additional hearings on Iraq. Iraq is very much within 

the jurisdiction of the committee. 

This hearing does not deal with Iraq. Therefore, it was the ruling 

of the chair that with respect to the legislation pending before the 

committee the amendment was not germane. 

Mr. BURTON. Mr. Chairman, a further parliamentary inquiry. 

Chairman LANTOS. Please. 

162

Mr. BURTON. Then I understand from what you just said, Mr. 

Chairman, that if we have further hearings on Iraq we will be able 

to broach this subject before the committee, bring this subject before the committee? 

Chairman LANTOS. If there is legislation where the gentleman’s 

amendment will be germane the chair will be delighted to rule the 

gentleman’s amendment in order. 

Mr. BURTON. A further parliamentary inquiry. If we have a hearing, Mr. Chairman, on the subject, not of any legislation or markup, but if we have a hearing on the subject of the war in Iraq then 

this will be allowed to be discussed? 

Chairman LANTOS. That is not what I said. What I said was Iraq 

is very much within the jurisdiction of this committee. Advertisements by various groups are not the subject of this committee’s jurisdiction. The chair will not consider germane advertisements by 

groups in favor of or against the war in Iraq. 

We are prepared to deal as we have dealt on numerous occasions 

and will continue to deal in the future on numerous occasions with 

the substantive issues pertaining to the war in Iraq. That is a 

prime concern of this committee. Advertisements placed by various 

groups of whatever philosophical orientation are not germane to 

the work of this committee. 

Mr. BURTON. A further parliamentary inquiry. 

Chairman LANTOS. Please, Mr. Burton. 

Mr. BURTON. I simply would like to inquire as to how we can 

have a hearing on a subject as important as Iraq without discussing the leadership of the military in Iraq, which has been criticized severely by organizations outside the scope of the Congress. 

It seems like to me that that has an impact on the process. 

Chairman LANTOS. The gentleman is correct. The leadership in 

Iraq is a subject which is properly within the jurisdiction of this 

committee. The leadership of our military with respect to the conduct of the war in Iraq is a proper subject of this committee. 

Personally, I have expressed the highest regard for General 

Petraeus and all of our military leaders, both active and retired, 

with respect to their passionate dedication to public service. 

I am not prepared to discuss within this committee’s jurisdiction 

advertisements placed by groups favoring, opposing or just commenting on the subject of the war in Iraq because we are not a 

journalism class dealing with advertisements dealing with any public subject. We are prepared to deal with the subject itself, but not 

with advertisements in connection with the subject, and I trust 

that this answers my friend from Indiana. 

We will try to conclude this item. Are there any other amendments? 

[No response.] 

Chairman LANTOS. If not the question occurs on the motion to 

authorize consideration of the measure under the suspension of the 

rules. All in favor say aye. 

[Chorus of ayes.] 

Chairman LANTOS. All opposed say no. 

[Chorus of noes.] 

Chairman LANTOS. The ayes have it, and the motion is adopted. 

163

We might be able to finish the last item if members are cooperative as they always are. Pursuant to notice, I call up H. Res. 676, 

declaring that it should continue to be the policy of the United 

States, consistent with the Taiwan Relations Act, to make available 

to Taiwan such defense articles and services as may be necessary 

for Taiwan to maintain a sufficient self-defense capability for purposes of markup and move that the chairman be authorized to seek 

consideration of this resolution by the House under suspension of 

the rules. 

[H. Res. 676 follows:]

164


37972s.eps
165

2

H.L.C.

States extended diplomatic recognition to the People’s

Republic of China;

Whereas the Taiwan Relations Act specifies that it is United

States policy, among other things, to consider any nonpeaceful means to determine Taiwan’s future ‘‘a threat’’

to the peace and security of the Western Pacific and of

‘‘grave concern’’ to the United States; ‘‘to provide Taiwan with arms of a defensive character;’’ and ‘‘to maintain the capacity of the United States to resist any resort

to force or other forms of coercion’’ jeopardizing the security, or social or economic system of Taiwan’s people;

Whereas section 3(a) of the Taiwan Relations Act states that

‘‘the United States will make available to Taiwan such

defense articles and defense services in such quantity as

may be necessary to enable Taiwan to maintain a sufficient self-defense capability’’;

Whereas section 3(b) of the Taiwan Relations Act stipulates

that both the President and the Congress shall determine

the nature and quantity of such defense articles and services ‘‘based solely’’ upon their judgment of the needs of

Taiwan;

Whereas Taiwan’s 2007 defense budget included approximately $488,000,000 to begin the process of procuring

66 new United States-origin F-16C/D fighters, pending

United States price and availability data;

Whereas after October 31, 2007, those funds will no longer

be available to begin the process of procuring the F-16-

C/D fighters;

Whereas the Taiwanese Defense Ministry has requested and

the Executive Yuan (cabinet) approved in August 2007

a 2008 defense budget that includes approximately


37972s.AAC
166

3

H.L.C.

$764,000,000 for the second year’s budget for F-16C/D

fighters;

Whereas notwithstanding the requirements of the Taiwan Relations Act, the Bush Administration has not been responsive to Taiwan’s clear expression of interest in receiving price and availability data for the F-16C/D fighters; and

Whereas in its annual, congressionally mandated report on

China’s Military Power (most recently released in May

2007) the Department of Defense concluded that China

is greatly improving its military, with those improvements

largely focused on a Taiwan contingency, and that this

build-up poses an increasing threat to Taiwan and ultimately to the United States military presence in Asia:

Now, therefore, be it

1 Resolved, That—

2 (1) it shall continue to be the policy of the

3 United States, consistent with the Taiwan Relations

4 Act, to make available to Taiwan such defense arti5 cles and services as may be necessary for Taiwan to

6 maintain a sufficient self-defense capability; and

7 (2) the United States should determine the na8 ture and quantity of such defense articles and serv9 ices ‘‘based solely’’ upon the legitimate defense needs

10 of Taiwan.


37972s.AAD
167

Chairman LANTOS. Before turning to my good friend, the distinguished ranking member, to introduce this resolution let me indicate my strong support for this measure under the Taiwan Relations Act. We are committed to help Taiwan defend itself. 

Taiwan’s democratically elected leaders have made the decision 

to purchase additional F–16s to defend themselves, and the administration in my judgment must respond positively to Taiwan’s very 

legitimate request. 

Ms. Ros-Lehtinen? 

Ms. ROS-LEHTINEN. Well said, Mr. Chairman. Thank you. 

Chairman LANTOS. Are there any amendments? Mr. 

Faleomavaega? 

Mr. FALEOMAVAEGA. Mr. Chairman, would I be allowed now to 

express my concerns concerning this resolution? 

Chairman LANTOS. Please. 

Mr. FALEOMAVAEGA. With that, Mr. Chairman, I have the highest respect for the gentlelady as our senior ranking member of this 

committee. 

There is not one provision, Mr. Chairman, in this resolution that 

does not accurately portray the current situation in our relations 

with Taiwan, as well as with China. 

The Taiwan Relations Act of 1979 has always been the basis of 

how our country has defined its relationship with Taiwan. There 

has been no change in the provisions of this act. The act also allows the United States to provide the sale of arms to assist Taiwan 

with its defense capabilities against its enemies, and we all know 

that presumptively it is the People’s Republic of China. 

We all know also, Mr. Chairman, that for weeks and months 

there have been some very strong, tense months in the Taiwan 

Straits, the relations between Taiwan and the People’s Republic of 

China. 

For some 15 times now Taiwan has sought to become a member 

of the United Nations, which has caused a flurry of some very passionate exchanges of differing views even among the colleagues like 

our colleagues of this body for which I respect, but I disagree. 

Taiwan has upcoming national elections next year in March, Mr. 

Chairman. There is a difference of opinion among the leaders on 

the course Taiwan should take, especially in its position or relationship with China. One of the two major parties advocate peaceful coexistence with the People’s Republic of China, and Taiwan’s 

other major political party seeks independence and a sovereignty in 

its future status. 

We all know that a one China/two systems policy continues to be 

our national policy in the Taiwan Straits. It came out as a relic of 

the history of the civil war in China, the defeat of Chiang Kai-shek 

by Mao Tse Tung, the problem of China having been declared as 

an independent nation in 1949 and since that time Chiang Kaishek sat there on the Security Council supposedly to represent 

some 1 billion people in China. 

Chairman LANTOS. May I ask my friend to try to conclude his 

statement? Because once we vote I will close this markup session. 

Otherwise we will have to return. 

168

Mr. FALEOMAVAEGA. I just want to say, Mr. Chairman, I have 

many other reasons why I express the concern that I have about 

this resolution, but I will not oppose the resolution, Mr. Chairman. 

I only want to caution my colleagues of some of the real sensitivities involved here in the current relationship between Taiwan and 

China and our relations with both of these entities, which I feel 

very concerned that we might be only adding more fuel to the fire 

rather than trying to avert a crisis in the Taiwan Straits. 

With that, Mr. Chairman, I yield back. 

Chairman LANTOS. I want to assure my friend that his statement 

in total will be made part of the record. 

The question occurs on the motion to authorize consideration of 

the measure under suspension of the rules. All in favor say aye. 

[Chorus of ayes.] 

Chairman LANTOS. Opposed say no. 

[Chorus of noes.] 

Chairman LANTOS. The ayes have it, and the motion is adopted. 

Without objection, the bill will be reported as a single amendment in the nature of a substitute incorporating any amendments 

adopted by the committee. Staff is directed to make any technical 

and conforming amendments. 

Ms. JACKSON LEE. Mr. Chairman? 

Chairman LANTOS. Yes? 

Ms. JACKSON LEE. Mr. Chairman, may I speak for 15 seconds out 

of order, please? 

Chairman LANTOS. Please go ahead for 15 seconds. 

Ms. JACKSON LEE. Thanks, Mr. Chairman. 

As I was coming back from the vote, let me just applaud the legislation addressing the question of the victims of the Embassy 

bombing and the work of the ranking member and the chairman 

and the increase in the money. These have been victims, public 

servants of this nation, and I am grateful that we have passed H.R. 

2828 I believe the number is. 

Chairman LANTOS. I appreciate the lady’s comments. 

Ms. JACKSON LEE. I look forward to moving forward on the floor. 

I yield back. Thank you. 

Chairman LANTOS. The meeting of the committee is now adjourned. 

[Whereupon, at 12:10 p.m., the committee was adjourned.] 

(169)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE HEARING RECORD

PREPARED STATEMENT OF THE HONORABLE DIANE E. WATSON, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF CALIFORNIA

Thank you, Mr. Chairman. I would like to start by thanking the Chairman for 

his efforts to work out a compromise on H.R. 2828, to provide compensation to relatives of United States citizens who were killed as a result of the bombings of 

United States Embassies in East Africa on August 7, 1998. I believe that the 

version you have crafted does justice for the families of those Americans who died 

in the service of their country when al Qaeda attacked our embassies in 1998. Furthermore, it also provides a mechanism moving forward to reassure our diplomats 

who serve in harm’s way that America supports them. Thank you, Mr. Chairman, 

for your efforts on this bill. 

I also want to address H.R. 2003, the Ethiopia Democracy and Accountability Act 

of 2007. Ethiopia is one of the oldest and proudest civilizations in the world. Sitting 

astride the confluence of Africa and Asia, of Islam and Christianity, Ethiopia has 

over the centuries found its diversity to be an crucial asset, even as it poses significant challenges. 

Ethiopia’s recent history has been marred by political violence. In May of 2005, 

Ethiopia held elections, which some observers billed as the free-est in the country’s 

history. Unfortunately, these elections still fell far short of the basic standards of 

openness and transparency. U.S. based groups funded by the National Endowment 

for Democracy were prevented from observing the elections. When average Ethiopians took to the streets to protest their flawed elections, the government responded 

with violence, killing dozens of unarmed citizens. 

Mr. Chairman, I think there are some key points we need to keep in mind when 

we try to craft a policy to support democracy in Ethiopia. Ethiopia is not a totalitarian dictatorship. The May 2005 elections were deeply flawed. Even so, they resulted in unprecedented electoral gains for opposition parties. Furthermore, the 

United States cannot bring democracy to Ethiopia. Democracy is a process that 

must be—and will be—led by Ethiopians themselves. The most we can hope to do 

is provide assistance to those Ethiopians seeking to bring peaceful, positive change 

to their country. 

Ethiopia is a strong ally of the United States, and we should continue to support 

Ethiopia and the Ethiopian people. I know that the Ethiopian Government is concerned that this bill somehow represents a break in the strong relationship between 

the United States and Ethiopia. But I want to reassure my Ethiopians friends that 

it represents just the opposite. Ethiopia is so important to the United States that 

I believe the United States must be fully invested in Ethiopia’s success. That means 

that we have an obligation to do what we can to support those Ethiopians who are 

seeking to change their country, to make it stable, democratic and affluent. I support the balanced approach in H.R. 2003 as an effective strategy for achieving this 

goal. Thank you Mr. Chairman.

Æ