Congressional Record, Volume 151 Issue 98 (Tuesday, July 19, 2005)

[Congressional Record Volume 151, Number 98 (Tuesday, July 19, 2005)]
[House]
[Pages H6050-H6074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2006 AND 2007

The Committee resumed its sitting.
The CHAIRMAN. It is now in order to consider amendment No. 12 printed
in part B of House Report 109-175.

Amendment No. 12 Offered by Mr. Smith of New Jersey

Mr. SMITH of New Jersey. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 12 offered by Mr. Smith of New Jersey:
Page 191, line 8, insert ``repair and rehabilitation''
before ``activities''.
Page 191, beginning line 14, insert the following new
clause (and redesignate subsequent clauses accordingly):
``(ii) increased access for women to emergency obstetrical
care, including increased access to skilled birth attendants
and care facilities.''.
Page 191, beginning line 21, insert the following new
subparagraph (and redesignate the subsequent subparagraphs
accordingly):
``(D) Each center established pursuant to subparagraph (A)
may carry out the following prevention activities:''.
Page 191, line 21, redesignate clause (iii) as clause (i).
Page 192, line 10, strike ``(i) and (ii)'' and insert
``(i), (ii), and (iii)''.
Page 192, strike lines 1 through 5, and insert the
following new clause:
``(ii) Activities to expand abstinence education,
postponement of marriage and childbearing until after the
teenage years, and activities to expand access to family
planning services for the prevention of pregnancies among
women whose age or health status place them at high risk of
prolonged or obstructed childbirth.''.
Page 192, beginning line 23, strike ``$5,000,000 for each
such fiscal year'' and insert ``$5,000,000 for fiscal year
2006 and $7,500,000 for fiscal year 2007''.

The CHAIRMAN. Pursuant to House Resolution 365, the gentleman from
New Jersey (Mr. Smith) and the gentleman from New York (Mr. Crowley)
each will control 5 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, for several years now I have pushed USAID and the
Congress to establish a program to assist women who suffer from
obstetric fistula. According to the USAID, an estimated 2 million women
suffer needlessly from fistula and from 50,000 to 100,000 new cases are
added every year, mostly in Africa.
Fistula occurs during obstetric labor, which sometime damages soft
tissues. The destroyed tissues leave a hole or fistula in the pelvic
floor area which causes incontinence. Tragically, the constant leaking
of urine and feces leads to sickness, desertion by husbands and family,
extreme social isolation, and poverty. Who are vulnerable, according to
the USAID, very young mothers, women experiencing their first birth,
women whose growth has been stunted due to malnutrition or illness, and
poor women who lack access to the most basic of obstetric services.
My amendment and the underlying language in H.R. 2601, section 901,
that I put into the bill, establishes 12 centers for the treatment and
prevention of obstetric fistula. Funding is authorized at $5 million in
2006, and the amendment increases the authorization by $2.5 million to
$7.5 million in fiscal year 2007.
Amazingly, for $150 to a couple hundred dollars, a woman victimized
by fistula can obtain a surgical repair that gives her back her life.
No woman should be denied this minimal, life-saving surgical repair. My
amendment requires that the centers include increased access for women
to emergency obstetrical care, including increased access to skilled
birth attendants and care facilities.
My amendment states that the centers may include activities to expand
abstinence education, postponement of marriage and child bearing until
after the teenage years, and access to family-planning services.

{time} 1545

During markup, an amendment was offered to exclude, and this would be
the result of that language, certain faith-based health care providers
who, while deeply committed to mitigating the pain of fistula, would be
barred from receiving funds. I have been in contact with Dr. Kent Hill,
the Acting Assistant Administrator for Global Health at USAID, and he
concurs that my amendment is preferable and balanced because it permits
inclusion of family planning programs, gives USAID the flexibility to
get the job done, and is consistent with the conscience clause we
secured through an amendment I inserted in Mr. Hyde's $15 billion HIV/
AIDS law.
Section 901 is a modest $5 million in 2006, $7.5 million in 2007, and
we need to begin in earnest to give women who suffer the tragedy of
fistula the basic care that they need.
Mr. Chairman, I reserve the balance of my time.
Mr. CROWLEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in opposition to the amendment. Mr. Chairman,
women who develop fistula as a result of childbirth are often abandoned
by their husbands, rejected by their communities, and forced to live in
an isolated existence. For that reason I am very pleased that the State
bill contains $5 million for treatment of women with obstetric fistula
and for fistula prevention services. The fistula prevention section of
the bill was added in committee by an amendment that I sponsored that
had enjoyed unanimous support, including support of the gentleman from
New Jersey (Mr. Smith).
Because the fistula provision enjoyed strong bipartisan support in
committee, I am disappointed that my friend has chosen to offer this
amendment. The Smith amendment establishes two tiers of fistula
services to be carried out by clinics supported by the United States.
Fistula repair and rehabilitation services are ``mandatory,'' while
fistula prevention services, including the provision of contraception,
is considered ``discretionary.'' Also, references to ``contraceptives''
have been removed.
Mr. Chairman, the most effective way to decrease the incidence of
fistula is to ensure that 12-year-old girls in rural Africa and other
young high-risk women do not get pregnant in the first place. For the
life of me, I fail to understand why we would want to downgrade the
attention paid in this bill to fistula prevention and remove any
discussion of contraceptives. I understand the concerns raised by the
gentleman from New Jersey that some faith-based hospitals do not wish,
as a matter of conscience, to distribute contraceptives. I have no
problem with that exemption.
But in order to deal with the faith-based hospitals, the entire
fistula prevention section of the bill, which I authored in committee
and, again, had the support of every member of the Committee
International Relations, was accepted, including the gentleman from New
Jersey (Mr. Smith), it is a shame, Mr. Chairman, that this amendment is
offered, and I therefore oppose this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SMITH of New Jersey. Mr. Chairman, I reserve the balance of my
time.
Mr. CROWLEY. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman
from New York (Mrs. Maloney).
(Mrs. MALONEY asked and was given permission to revise and extend her
remarks.)
Mrs. MALONEY. Mr. Chairman, I thank the gentleman for yielding me
this time and for his leadership.
It was absolutely everyone's understanding that this legislation to
help prevent fistula would proceed with the language added in committee
by the gentleman from New York (Mr. Crowley) to expand access to
contraception. It seems that the gentleman from New Jersey (Mr. Smith)
is intentionally eliminating all mention of contraception in this bill.
What is going on? Why is he against birth control?
In the same week the House Press Secretary refuses to say, when asked
publicly in a press conference, whether the President is opposed to
contraception, the gentleman from New Jersey offers an amendment to
delete birth control from the list of fistula preventative services.
All of this while some pharmacists are denying women their birth
control prescription. There is only one answer: Some Members on the
other side of the aisle simply oppose access to birth control. And I
just would like to ask my colleagues, what do they have against birth
control?
This amendment will undermine one of the most effective methods of
fistula

[[Page H6051]]

prevention, helping to delay pregnancy among married young women whose
bodies have not fully developed. We are talking about 11, 10, 9, 12,
13, 14, very young women. And it is important that contraception be
used to prevent them from getting pregnant and having fistula, from
having a child too young. In many countries where the use of birth
control is very low, fistula is very, very common. The underlying bill
recognizes the critical role that birth control can play in preventing
this condition.
I oppose the amendment.
The underlying bill recognizes the critical role that birth control
can play in preventing this horrific condition.
Two years ago, I put in the first bill to call attention to the need
for American support for fistula prevention and treatment. Fistula is a
problem we can address, and I was happy to be able to support the
language in the bill as reported by the Committee.
But, this amendment will effectively gut the prevention section of
the fistula program and all because of what seems like ideological
opposition to birth control.
I hope my colleagues will oppose it.
Mr. SMITH of New Jersey. Mr. Chairman, I yield myself the balance of
my time.
Just to make the very clear point to my colleagues, this section 901
creates a brand new program that, until this legislation is enacted,
has not existed. I authored section 901, and the emphasis is on
surgical repair. We have 2 million women who are in dire need of
repair--the walking wounded--and it takes a very modest amount of money
to effectuate the repair of their damaged bodies so, again, they can
get their lives back.
Secondly, the gentleman from New York's (Mr. Crowley) amendment,
wittingly or unwittingly, will preclude a number of faith-based
hospitals--language that he added that at first blush looked okay but
upon further scrutiny and study, we found that it was a major problem.
There are at least four hospitals, one in Uganda, Congo, Ethiopia, and
in Bangladesh, that would be denied fistula funding, because under
Crawley, inclusion of contraception is absolutely mandatory. It should
be discretionary. These are proposed fistula centers pursuant to AID's
plan to role out and to implement. So we are talking about those who
could provide fistula services being told they cannot have the money.
Let me also point out to my friends and colleagues that the U.S.
spends about $450 million in overseas family planning per year in the
budget. Nobody is touching that. That will go forward in FY '06. Some
of that money can be used to try to prevent and repair fistula and to
incorporate the two. But let me point out to my colleagues, that my
language says the centers may include: ``Activities to expand
abstinence education, postponement of marriage'' and ``expand access to
family planning services.'' That is my amendment. Expand access to
family planning services. It is discretionary however. I would suspect
that some--maybe most--of the fistula centers will do just that. But
there are faith-based health centers for which that is a problem, and
we want to get this fistula repair program out to as many women as
humanly possible.
Let me just tell my colleagues as well if they vote against this
amendment, they are also voting against $2.5 million in addition to
what is in the bill to expand surgical repairs for these women.
Mr. CROWLEY. Mr. Chairman, I yield 1 minute to the gentlewoman from
California (Ms. Lee).
Ms. LEE. Mr. Chairman, I rise in complete opposition to the Smith
amendment.
This amendment guts, it guts the prevention section of our fistula
prevention efforts and is a direct assault on birth control and
comprehensive family planning. Comprehensive family planning includes
any measure that saves a woman's life, especially in the event of
prolonged, life-threatening labor which occurs in the case of obstetric
fistula.
We are all fighting to prevent and treat obstetric fistula, a
condition that tears apart the lives of young women whose bodies are
not fully developed and obstructed prolonged labor occurs. But I am
very disappointed that the bipartisan compromise that was brokered in
committee in preventing obstetric fistula and providing medical
treatment for its survivors is now being dismantled. We have to be
realistic, and we must put our politics aside and put women and their
babies first. Making birth control more available and accessible is one
of the most effective ways to give women the ability to prevent high-
risk pregnancies and to reduce the incidence of fistula.
The Smith amendment is a direct assault on birth control and
comprehensive family planning. The Smith amendment is unacceptable, and
I urge my colleagues to oppose this amendment.
Mr. CROWLEY. Mr. Chairman, I yield myself the balance of my time.
Once again I have to express my disappointment that we find ourselves
here now in final passage of this bill when we had an amicable
agreement in the committee and the gentleman from New Jersey (Mr.
Smith) and I, somewhat working together in the committee, agreed to
this initial amendment to include my language.
I will just say for the record it says in the underlying text of the
bill: ``Each center established pursuant to subparagraph (A) shall, to
the maximum extent practicable.'' It is not mandatory. It does not say
they have to do this. Shall ``carry out the following activities,'' and
included in that is contraception.
My question for the gentleman from New Jersey (Mr. Smith) is, is
contraception included in family planning?
Mr. SMITH of New Jersey. Mr. Chairman, will the gentleman yield?
Mr. CROWLEY. I yield to the gentleman from New Jersey.
Mr. SMITH of New Jersey. Mr. Chairman, it is very obvious that family
planning includes contraception, and our language makes that very
clear.
Mr. CROWLEY. Mr. Chairman, it is not clear to me. It is again
unfortunate we find ourselves here at this point. And I stand, again,
in opposition to this amendment.
Mr. CROWLEY. Mr. Chairman, I rise in opposition to the Smith
amendment on fistula.
While we are similarly concerned about preventing fistula and the
impact it has on women's lives in the developing world, I must rise in
opposition to this specific language as it does not expressly support
contraception as a means of preventing fistula.
While this may sound like nit picking to some, it goes to the heart
of preventing this horrific tragedy in women.
Mr. Smith and I were in agreement in Committee on my original
language on fistula prevention, and I appreciated your initial comments
about this language on our plan to prevent fistulas from occurring by
focusing on prevention of pregnancy through contraception.
May amendment, which was universally accepted by the committee,
expressly called for support of contraception because this is often the
only way girls, young women, and women whose bodies are not prepared
for pregnancy-contraception is often the only way they can protect
themselves.
This language takes out contraception--which is the best way to
prevent fistula.
It would be nice to imagine that all young girls in the developing
world--who are especially vulnerable to fistula--would delay their
first pregnancy. But that is simply not the reality that many young
girls face.
As such, we must include contraception in this bill when we talk
about fistula. Otherwise we are--
In fact, I recently met with a physician who repairs fistulas in
Nigeria. He said that Nigeria sees 20,000 new fistulas cases per year
and--to use his words--``we can't only treat these cases, we have to
prevent them.''
And how do we prevent them--the answer is clear. Contraception.
But for millions of girls and women who in the developing world--
fistula is an all too real part of their everyday existence.
I am pleased that the base bill addresses the fistula issue, by
providing funding for fistula treatment. And I applaud this committee
for including language on fistula.
However, we need to do both prevention and treatment. Unless the
incidence of fistula can be reduced through prevention activities,
women and girls in the developing world will face a never-ending cycle
of despair. And the backlog of women needing surgical repair will never
be erased.
But for many, the simplest and best answer is to make family planning

[[Page H6052]]

available to those who want to use it. In fact, one estimate finds
access to family planning--including contraception--would reduce
maternal disability and death by at least 20%.
To be sure, we need to address the larger social issues that
contribute to the problem--girls' education, general access to
healthcare, and women's economic development and empowerment are all an
important part of confronting the fistula tragedy.
And that must include contraception. It is as simple as life and
death. It is as important as the humanity that unites all of us.
If we understand fistula to be as tragic as it truly is, then the
best response must include steps to prevent women and girls from ever
having to face it in the first place.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Smith).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. CROWLEY. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from New Jersey (Mr. Smith)
will be postponed.
The CHAIRMAN. It is now in order to consider amendment No. 13 printed
in part B of House report 109-175.

Amendment No. 13 Offered by Mr. Hyde

Mr. HYDE. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 13 offered by Mr. Hyde:
After title VIII of the bill, insert the following new
title:

TITLE IX--EAST ASIA SECURITY ACT OF 2005

SEC. 901. SHORT TITLE.

This title may be cited as the ``East Asia Security Act of
2005''.

SEC. 902. STATEMENTS OF POLICY.

Congress--
(1) previously expressed its strong concerns in House
Resolution 57 of February 2, 2005, and Senate Resolution 91
of March 17, 2005, with the transfer of armaments and related
technology to the People's Republic of China by member states
of the European Union, which increased eightfold from 2001 to
2003, and with plans to terminate in the near future the arms
embargo they imposed in 1989 following the Tiananmen Square
massacre;
(2) welcomes deferral of a decision by the European Council
to terminate its arms embargo following adoption of those
Resolutions, the President's visit to Europe, and growing
concern among countries in the regions and the general public
on both sides of the Atlantic;
(3) welcomes the decision by the European Parliament on
April 14, 2005, by a vote of 421 to 85, to oppose the lifting
of the European Union's arms embargo on the People's Republic
of China, and resolutions issued by a number of elected
parliamentary bodies in Europe also opposing the lifting of
the arms embargo;
(4) also welcomes the onset of a strategic dialogue between
the European Commission and the Government of the United
States on the security situation in East Asia, through which
it is hoped a greater understanding will emerge of the
consequences of European assistance to the military buildup
of the People's Republic of China for peace and stability in
that region, to the security interests of the United States
and its friends and allies in the region, and, in particular,
to the safety of United States Armed Forces whose presence in
the region has been a decisive factor in ensuring peace and
prosperity since the end of World War II;
(5) hopes that a more intensive dialogue with Europe on
this matter will clarify for United States friends and allies
in Europe how their ``non-lethal'' arms transfers improve the
force projection of the People's Republic of China, are far
from benign, and enhance the prospects for the threat or use
of force in resolving the status of Taiwan, a troubling
prospect made more ominous by recent adoption of a new law by
the Chinese National People's Congress expressly authorizing
the use of force;
(6) also hopes that this dialogue will result in an
important new consensus between the United States and its
European partners on the need for coordinated policies which
encourage the development of democracy in the People's
Republic of China and which discourage, not assist, China's
unjustified military buildup and pursuit of weapons that
threaten its neighbors;
(7) however, deeply regrets that none of the European
friends and allies of the United States who have been
transferring arms to the People's Republic of China has
announced a cessation or even a temporary halt to those
transfers while this new dialogue with the United States
ensues, and notes with concern that such European friends and
allies have provided little, if any, transparency to the
United States Government into the full range and capabilities
of all of the armaments and related technology that they have
transferred to date and continue even now to do so;
(8) is further troubled by public reports describing well
known European companies as suppliers to weapons programs of
the People's Republic of China, who are also participants in
numerous sensitive United States Government weapons programs,
and the increased risks of diversion of United States weapons
technology to China inherent in such an undesirable
situation; and
(9) in view of the gravity of European arms sales to the
People's Republic of China, which have not abated, believes
it is necessary to make provision for greater scrutiny and
oversight with respect to those areas of international
armament cooperation that present increased levels of risk to
the security interests of the United States and to authorize
appropriate measures which the President may draw on in
deterring foreign support for China's military buildup in
order to safeguard the national security interests of the
United States and peace and security in East Asia.

SEC. 903. REPORT ON FOREIGN MILITARY EXPORTS TO CHINA.

(a) Report.--The President shall, at the times specified in
subsection (b), transmit to the appropriate congressional
committees a report that identifies every person of a member
country of the European Union, and any other foreign person
the President may consider appropriate, with respect to whom
there is credible information indicating that the person, on
or after January 1, 2005, exported to--
(1) the People's Republic of China any item on the
Wassenaar Munitions List of July 12, 1996, and subsequent
revisions; or
(2) the military, intelligence, or other security forces of
the People's Republic of China--
(A) any item on the Wassenaar List of Dual Use Goods and
Technologies of July 12, 1996, and subsequent revisions; or
(B) any other dual use item if the item is intended,
entirely or in part, for use with an item described in
paragraph (1).
(b) Timing of Report.--The report required under subsection
(a) shall be transmitted not later than 180 days after the
date of the enactment of this Act and not later than the end
of each 12-month period thereafter.
(c) Exceptions.--A foreign person is not required to be
identified in a report required under subsection (a) if the
person--
(1) was identified in a previous report transmitted under
subsection (a) on account of a particular export, except to
the extent that the export may have continued, involved
additional transfers, or was larger, more significant, or
different in nature than described in the previous report;
(2) was engaged solely in an export on behalf of, or in
concert with, the Government of the United States; or
(3) was engaged in an export which, as determined by the
President, would be exempt from the restrictions of section
902(a) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246; 22 U.S.C. 2151
note), if the export were subject to the jurisdiction of the
United States, by reason of the issuance of a report under
section 902(b) of such Act.
(d) Form.--If the President considers it appropriate,
reports transmitted under subsection (a), or appropriate
parts thereof, may be transmitted in classified form.

SEC. 904. REPORT ON CHINA ARMS TRANSFER POLICIES OF COUNTRIES
PARTICIPATING IN UNITED STATES DEFENSE
COOPERATIVE PROJECTS; CERTAIN LICENSE
REQUIREMENTS.

(a) Statement of Policy.--Congress is concerned with the
significant additional risk of unlawful use and diversion of
sensitive United States weapons system research, design, and
development arising from cooperative research and development
projects with foreign governments and foreign persons who may
also transfer arms and related technology to the People's
Republic of China.
(b) Report.--The President shall, at the times specified in
subsection (c), transmit to the appropriate congressional
committees a report that--
(1) identifies every foreign government with respect to
which the United States is carrying out a cooperative project
described in subsection (d) and whose policies or practices,
on or after the date of the enactment of this Act, permit the
export of any item described in paragraph (1), or
subparagraph (A) or (B) of paragraph (2), of section 903(a);
and
(2) describes the cooperative projects and policies or
practices referred to in paragraph (1) of every foreign
government identified under such paragraph.
(c) Timing of Report.--The report required under subsection
(b)--
(1) shall be transmitted not later than 180 days after the
date of the enactment of this Act and not later than the end
of each 12-month period thereafter; and
(2) may be included in the report required under section
903, as the President determines appropriate.
(d) Cooperative Projects.--The cooperative projects
referred to in subsection (b) are projects carried out under
section 27 of the Arms Export Control Act (22 U.S.C. 2767) or
section 2350a, 2358, or a memorandum of understanding under
section 2531 of title 10, United States Code.
(e) License Requirements.--

[[Page H6053]]

(1) Requirement.--Notwithstanding any other provision of
law, a license under section 38 of the Arms Export Control
Act (22 U.S.C. 2778) shall be required for the export of
defense articles or defense services by any person who is not
an officer or employee of the Government of the United States
in furtherance of a cooperative project described in
subsection (d) with a country identified in a report
transmitted under subsection (b).
(2) Congressional notification.--The issuance of a license
pursuant to paragraph (1) shall be subject to the same
requirements as are applicable to the export of items
described in section 36(c) of the Arms Export Control Act (22
U.S.C. 2776(c)) (without regard to the dollar amount
requirements relating to contracts contained in such
section), including the transmittal of information and the
application of congressional review procedures in accordance
with such section.
(3) Exceptions.--The Secretary of State shall not be
required to apply the license requirement of paragraph (1)--
(A) in the case of contracts or subcontracts in effect on
the date of the enactment of this Act, including the exercise
of options for production quantities to satisfy United States
operational military requirements;
(B) if the Secretary determines in writing that the person
or other entity to which the export of defense articles or
defense services would be made is a sole source supplier of
the articles or services, that the articles or services are
essential, and that the articles or services are not readily
or reasonably available;
(C) in the case of routine servicing and maintenance, to
products or services provided under contracts entered into
before transmittal of the report required under subsection
(b), if the Secretary determines in writing that alternative
sources are not readily or reasonably available; or
(D) with respect to other defense articles or defense
services, the export of which without a license the Secretary
determines in writing is essential to the national security
of the United States and provides written notification
thereof to the appropriate congressional committees.
(4) Publication in the federal register.--The Secretary of
State shall publish in the Federal Register each
determination made under paragraph (3).

SEC. 905. CERTAIN FOREIGN OWNERSHIP AND CONTROL OF DEFENSE
ARTICLES IN THE UNITED STATES.

(a) Statement of Policy.--Congress determines that special
care should be taken by the United States with respect to
foreign persons who sell arms and related technology to the
People's Republic of China, while simultaneously seeking
ownership of United States defense articles or defense
services, including the results of United States Government
funded defense research and development, through the
acquisition or control of United States defense firms,
directly or through their subsidiaries and affiliates based
in the United States.
(b) License Requirements.--
(1) Requirement.--The President shall require a license
pursuant to regulations issued under section 38(g)(6) of the
Arms Export Control Act (22 U.S.C. 2778(g)(6)) for the
transfer of ownership or control of United States defense
articles or defense services arising from the acquisition or
control of a person required to be registered under section
38(b)(1) of such Act (22 U.S.C. 2778(b)(1)), or any
subsidiary, division, affiliate or other entity thereof,
whenever the person gaining acquisition or control is--
(A) a foreign national of the People's Republic of China or
a foreign person otherwise subject to the jurisdiction,
ownership, or control of the People's Republic of China;
(B) a foreign person identified in a report transmitted
under section 903 or having its principal place of business
in a country described in a report transmitted under section
904; or
(C) a United States person owned or controlled by a foreign
person, including a subsidiary or affiliate of a foreign
person described in subparagraph (B).
(2) Additional requirement.--A license under section
38(g)(6) of the Arms Export Control Act for a person
described in paragraph (1)(A) shall not be issued until 30
days after the date on which the President transmits a report
that contains a determination of the President that--
(A) the Government of the People's Republic of China meets
the requirements of section 902(b)(1) of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991
(Public Law 101-246; 22 U.S.C. 2151 note); or
(B) it is in the national interest of the United States to
issue the license.
(c) Congressional Notification.--The issuance of a license
pursuant to subsection (b) shall be subject to the same
requirements as are applicable to the export of items
described in section 36(c) of the Arms Export Control Act (22
U.S.C. 2776(c)) (without regard to the dollar amount
requirements relating to contracts contained in such
section), including the transmittal of information and the
application of congressional review procedures in accordance
with such section.
(d) Exception.--The issuance of a license pursuant to
subsection (b) shall not be required in the case of an
amendment to a munitions license or a change in registration
arising from a sale or transfer of ownership or control of
United States defense articles or defense services to a
person described in subparagraph (A), (B), or (C) of
subsection (b)(1) that was approved prior to the date of
enactment of this Act unless the President determines that it
is in the national security interests of the United States to
require the issuance of a new license pursuant to subsection
(b).

SEC. 906. CHINESE MILITARY END USE OF DUAL USE EXPORTS.

(a) Statement of Policy.--Congress welcomes the
understanding reached at the Wassenaar Arrangement's December
2003 plenary meeting to require governmental authorization
for the transfer of non-listed dual use items intended for
military end use in a destination subject to any relevant
regional arms embargo or to any United Nations Security
Council resolution.
(b) Reports.--
(1) Report to secretary of commerce.--As prescribed in
regulations issued under the Export Administration Act of
1979 (as continued in effect under the International
Emergency Economic Powers Act), a United States person who
exports an item described in subparagraph (A) or (B) of
section 903(a)(2) for military end use shall, not later than
15 days after the item is exported, submit to the Secretary
of Commerce a report that contains a description of all
shipment information, including a description of the item and
the quantity, value, port of exit, and end user.
(2) Report to congress.--Not later than 60 days after the
end of each calendar quarter, the Secretary of Commerce shall
submit to the appropriate congressional committees a written
report that contains a compilation all of information
submitted in each report to the Secretary under paragraph (1)
for the prior calendar quarter.
(c) Definition.--In this section, the term ``military end
use'' means, with respect to an item, the item is or may be
intended, entirely or in part, for use in conjunction with an
item described on the Wassenaar Munitions List of July 12,
1996, and subsequent revisions.

SEC. 907. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.

(a) Application of Measures.--Subject to sections 908 and
909, the President may apply with respect to any foreign
person (including a foreign government) identified in a
report transmitted under section 903, and shall apply with
respect to any foreign person (including a foreign
government) identified in more than one report transmitted
under section 903, any or all of the following measures:
(1) Research and development.--Denial of participation in
existing and new cooperative research and development
programs and projects under section 27 of the Arms Export
Control Act (22 U.S.C. 2767) or sections 2350a, 2358, or a
memorandum of understanding under 2531 of title 10, United
States Code.
(2) Control of united states defense firms.--Prohibition of
ownership and control of any business organization required
to be registered with the United States Government as a
manufacturer or exporter of defense articles or defense
services under section 38(b)(1) of the Arms Export Control
Act (22 U.S.C. 2778(b)(1)).
(3) Security assistance.--Prohibition on participation in
any foreign military sales under chapter 2 of the Arms Export
Control Act (22 U.S.C. 2761 et seq.) or any design and
construction sales under chapter 2A of such Act (22 U.S.C.
2769).
(4) Munitions list approvals.--Prohibition on licenses and
other forms of approval under section 38 of the Arms Export
Control Act (22 U.S.C. 2778) for the export of any item on
the United States Munitions List as in effect on August 8,
1995.
(b) Application of Additional Measures.--Subject to
sections 908 and 909, and notwithstanding any other provision
of law, the President may, with respect to any foreign person
(including a foreign government) identified in a report
transmitted under section 903, and shall, with respect to any
foreign person (including a foreign government) identified in
more than one report transmitted under section 903--
(1) suspend the use of any license exemption and expedited
license procedure established in the International Traffic in
Arms Regulations or other provisions of law for the export or
temporary import of defense articles and defense services;
(2) require the execution of a non-transfer and end use
certificate for the export of any defense articles and
defense services; and
(3) require, as a condition of issuance of any license for
the export of defense articles and defense services, United
States access to and verification of the items after the
export of the items or alternative measures to ensure
compliance with restrictions on the transfer of the items to
third-parties.
(c) Effective Date of Measures.--Measures applied pursuant
to subsection (a) or (b) shall be effective with respect to a
foreign person (including a foreign government) no later
than--
(1) 30 days after the report identifying the foreign person
is transmitted, if the report is transmitted on or before the
date required by section 903(b); or
(2) on the date that the report identifying the foreign
person is transmitted, if the report is transmitted more than
30 days after the date required by section 903(b).
(d) Duration of Measures.--Measures applied pursuant to
subsection (a) shall be for a period of 2 years or longer, as
the President determines appropriate. Measures applied
pursuant to subsection (b) shall be, at a minimum, consistent
with the duration of the license and the normal requirements
for

[[Page H6054]]

record keeping established in the International Traffic in
Arms Regulations or longer, as the President determines
appropriate.
(e) Publication in Federal Register.--The application of
measures to a foreign person pursuant to subsection (a) or
(b) shall be announced by notice published in the Federal
Register, except if the President determines that doing so
would be inconsistent with the protection of classified
information.

SEC. 908. PROCEDURES IF DISCRETIONARY MEASURES ARE NOT
APPLIED.

(a) Requirement To Notify Congress.--If the President does
not exercise the authority of subsection (a) or (b) of
section 907 to apply any or all of the discretionary measures
described in such subsection with respect to a foreign person
identified in a report transmitted under section 903, the
President shall so notify the appropriate congressional
committees not later than the effective date under section
907(c) for measures with respect to that person.
(b) Written Justification.--Any notification transmitted by
the President under subsection (a) shall include a written
justification describing in detail the facts and
circumstances relating specifically to the foreign person
identified in a report transmitted under section 903 that
support the President's decision not to exercise the
authority of subsection (a) or (b) of section 907 with
respect to that person.
(c) Form.--If the President considers it appropriate, the
notification of the President under subsection (a), and the
written justification under subsection (b), or appropriate
parts thereof, may be transmitted in classified form.

SEC. 909. DETERMINATIONS EXEMPTING FOREIGN PERSONS FROM
MANDATORY MEASURES.

(a) Waiver.--Any mandatory measure described in section 907
shall not apply with respect to a foreign person if the
President transmits to the appropriate congressional
committees a report that contains a determination of the
President that--
(1) on the basis of information provided by that person or
the foreign government having primary jurisdiction over the
person, the person did not, on or after January 1, 2005,
knowingly export to the People's Republic of China the item
the apparent export of which caused the person to be
identified in a report transmitted under section 903; or
(2) the foreign government having primary jurisdiction over
the person has entered into a written agreement with the
United States which--
(A) is binding under international law;
(B) prohibits further exports of any item described in
paragraph (1), or subparagraph (A) or (B) of paragraph (2),
of section 903(a) by any person subject to its jurisdiction;
(C) is supported by the foreign government's adoption of
policies and procedures providing for credible implementation
of the requirements in subparagraphs (A) and (B);
(D) does not constrain the President's authority to impose
measures under this act in the event of a future export of
concern by the same or other persons subject to the
jurisdiction of the foreign government party to the
agreement; and
(E) is submitted to the appropriate congressional
committees 30 days prior to its entry into force.
(b) Additional Waiver.--Any mandatory measure described in
section 907 shall not apply to a foreign person if the
President determines that it is important to the
counterterrorism, nonproliferation, or other national
security interests of the United States and transmits to the
appropriate congressional committees a report in writing that
contains such determination.
(c) Sense of Congress.--It is the sense of Congress that
the President should--
(1) strengthen international coordination and execution of
arms export policy through the development of bilateral and
multilateral agreements under subsection (a)(2), particularly
with member states of the North Atlantic Treaty Organization
(NATO), Japan, Australia and New Zealand, and exercise the
waivers provided under this section in all appropriate
instances that further this objective; and
(2) whenever the President determines that the measures
described in section 907 should be applied, that the measures
be applied comprehensively with respect to the affected
foreign person's affiliates and subsidiaries, wherever
located, in order to deter to the fullest extent possible a
recurrence or continuation of the export giving rise to the
President's determination.
(d) Form.--If the President considers it appropriate, the
determination and report of the President under subsection
(a), or appropriate parts thereof, may be transmitted in
classified form.

SEC. 910. DEFINITIONS.

In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations and the
Committee on Armed Services of the House of Representatives;
and
(B) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
(2) Defense articles and defense services.--The term
``defense articles and defense services'' has the meaning
given the term in section 47(7) of the Arms Export Control
Act (22 U.S.C. 2794 note).
(3) Dual use.--The term ``dual use'' means, with respect to
goods or technology, those goods or technology that are
specifically designed or developed for civil purposes but
which also may be used or deployed in a military or
proliferation mode. Such term does not include purely
commercial items.
(4) Export.--The term ``export'' has the meaning given that
term in section 120.17 of the International Traffic in Arms
Regulations, and includes re-exports, transfers, and
retransfers by any means.
(5) Export administration regulations.--The term ``Export
Administration Regulations'' means those regulations
contained in sections 730 through 774 of title 15, Code of
Federal Regulations (or successor regulations).
(6) Foreign government.--The term ``foreign government''
has the meaning given the term in section 38(g)(9)(B) of the
Arms Export Control Act (22 U.S.C. 2778(g)(9)(B)).
(7) Foreign person.--The term ``foreign person'' has the
meaning given the term in section 38(g)(9)(C) of the Arms
Export Control Act (22 U.S.C. 2778(g)(9)(C)).
(8) Good.--The term ``good'' has the meaning given the term
in section 16(3) of the Export Administration Act of 1979 (50
U.S.C. App. 2415(3)).
(9) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means those
regulations contained in sections 120 through 130 of title
22, Code of Federal Regulations (or successor regulations).
(10) Item.--The term ``item'' means any good or technology,
defense article or defense service subject to the export
jurisdiction of the United States under law or regulation.
(11) License.--The term ``license'' means an official
written document of the United States Government issued
pursuant to the Export Administration Regulations or the
International Traffic in Arms Regulations, as the case may
be, authorizing a specific export.
(12) Other forms of approval.--The term ``other forms of
approval'' includes any authorization, rule or exemption
contained in any statute or regulation that permits an export
without a license.
(13) Ownership or control.--The term ``ownership or
control'' has the meaning given the term in section 122.2(c)
of the International Traffic in Arms Regulations.
(14) Person.--The term ``person'' has the meaning given the
term in section 38(g)(9)(E) of the Arms Export Control Act
(22 U.S.C. 2778(g)(9)(E)).
(15) Technology.--The term ``technology'' has the meaning
given the term in section 16(4) of the Export Administration
Act of 1979 (50 U.S.C. App. 2415(4)).
(16) United states munitions list.--The term ``United
States Munitions List'' means the list referred to in section
38(a)(1) of the Arms Export Control Act (22 U.S.C.
2778(a)(1)).

The CHAIRMAN. Pursuant to House Resolution 365, the gentleman from
Illinois (Mr. Hyde) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Illinois (Mr. Hyde).
Mr. HYDE. Mr. Chairman, I yield myself such time as I may consume.
When H.R. 3100, the East Asia Security Act of 2005, fell short last
week of the two-thirds' majority required under suspension of the
rules, it was a welcome development for the People's Republic of China.
It was also good news for European firms seeking ever more lucrative
arms contracts with China. Since the vote took place on July 14,
Bastille Day, it was a very good day for the French, who had been
championing European arms sales to China as a way of balancing U.S.
influence. But, most assuredly, it was the wrong outcome for U.S.
national security, and that is why I am bringing this matter up again
today as an amendment to the State Department bill.
I am very honored to be joined on this amendment by the gentleman
from California (Mr. Lantos), the ranking Democratic member of the
committee, and the gentleman from California (Mr. Hunter), chairman of
the Committee on Armed Services. I am also delighted that the gentleman
from Illinois (Mr. Manzullo), chairman of the Committee on Small
Business, now joins in cosponsoring the East Asia Security Act. Certain
changes have been made to make it abundantly clear that its purpose and
provisions relate to international transfers of armaments and
associated technology to China, and not to normal commercial trade
involving the civilian economy.
Some Members may believe the bill could be stronger, and no doubt it
could be stronger, and it may become necessary to do that in future
years. But for now, I am persuaded the legislation does what is needed
to reflect the profound concerns we have about European arms technology
in China's growing arsenal. It also provides a legislative framework
for managing this issue, which a majority of both parties can strongly
endorse.

[[Page H6055]]

The right outcome for our national security interests is to add the
East Asia Security Act to the State bill by adopting this amendment.

{time} 1600

This will send a strong message to European companies that their arms
sales to China must stop. It will let China know it must cease its
unjustified and threatening military buildup. Most importantly, it will
assure our Armed Forces deployed in East Asia that their security is
not subordinate to any commercial interest, foreign or domestic.
Mr. Chairman, I reserve the balance of my time.
Mr. LANTOS. Mr. Chairman, I am not opposed to the amendment. I ask
unanimous consent to claim the time in opposition.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
Mr. LANTOS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in strong support of the Hyde-Lantos amendment,
the East Asia Security Act of 2005, to stop the transfer of
sophisticated arms and military technology to China. At the outset I
want to pay tribute to my good friend and colleague, the gentleman from
Illinois (Chairman Hyde), for his leadership on this issue.
Mr. Chairman, one day, which we all hope will never come, tens of
thousands of American troops may be called upon to help in the defense
of Taiwan against Chinese aggression. China is vastly increasing its
military power, especially its ability to utilize high-tech weaponry to
quickly overwhelm Taiwan's defenses. China is actively seeking Western
arms and high technology to further this goal, and, unfortunately, some
European companies and some European countries are all too willing to
sell them whatever they wish. In 2003 alone, France, Italy, Germany and
the Czech Republic sold some half a billion dollars worth of high-tech
military equipment to China.
Earlier this year, Mr. Speaker, we faced a very serious problem in
this body when the European Union announced its intention to lift the
arms embargo on the sale of sophisticated weapons to China.
In February of this year, this House adopted H. Res. 57, sponsored by
the gentleman from Illinois (Chairman Hyde) and myself. That resolution
called upon the Europeans to maintain their embargo on arms sales to
China. Our resolution was adopted by a vote of 411 to 3. The European
countries received the message and the effort to lift the embargo was
quietly dropped. I welcomed that action by the European Union.
However, it is no longer enough just to maintain a paper embargo.
Europe must give up any plans to engage in this dangerous trade, which
could be potentially devastating, and the Hyde-Lantos amendment
provides the President with the necessary tools to deal with the issue.
Our amendment covers any nation whose policies permit the export of
dangerous military technology to China. At the President's discretion,
he can publicize the activities of any country that is transferring
militarily sensitive goods and technology to the People's Republic of
China, and the President will have the authority to impose sanctions if
he chooses.
Our amendment is important to persuade all other countries that there
will be severe consequences if they fail to respect the security
interests of their most important ally, the United States of America. I
urge all of my colleagues to support the bill.
Mr. Chairman, I reserve the balance of my time.
Mr. HYDE. Mr. Chairman, I am pleased to yield 1 minute to the
gentleman from California (Mr. Hunter), the chairman of the Committee
on Armed Services.
Mr. HUNTER. Mr. Chairman, I thank the gentleman for yielding me time.
Mr. Chairman, this amendment is as important as spending bills in the
defense appropriations measures or the defense authorization measures,
because this will give the President the tools that he needs to make
sure that we do not see Western technology, either from the United
States or our allies, moving ultimately to battlegrounds in the future
on some unfortunate date when that technology, developed by American
allies, may end up being used to kill young Americans on the
battlefield. It is a very, very important amendment. I hope all Members
will vote for it.
I salute the authors, the gentleman from California (Mr. Lantos) and
the gentleman from Illinois (Mr. Hyde). I have watched the gentleman
from Illinois (Mr. Hyde) for 20-some years standing up on this floor
during the Cold War, during the Contra wars. When the Berlin Wall fell,
it did not fall simply under the forceful leadership of Ronald Reagan,
but also the great eloquence and eloquent leadership of the gentleman
from Illinois (Mr. Hyde) over the last many years.
So, again, both gentleman have answered the call of our country to
national security, and I would hope that every Member votes for this
amendment.
Mr. LANTOS. Mr. Chairman, I am delighted to yield the balance of my
time to the distinguished gentleman from Oregon (Mr. Blumenauer), a
member of the Committee on International Relations.
The CHAIRMAN. The gentleman from Oregon is recognized for 1\1/2\
minutes.
Mr. BLUMENAUER. Mr. Chairman, I appreciate the gentleman's courtesy
and the work going on here.
Mr. Chairman, earlier we had a flurry of activity, because this is a
complex and controversial area. I appreciate my other friend from
Illinois helping spotlight some of the potential problems that we have
potentially of overreaching in terms of what we want to do dealing with
export controls and dual-use technology.
This is an area that if we are not careful, if it is not carefully
crafted, could potentially boomerang against American interests. It
could actually undermine what we want and in fact encourage the flow of
business away from the United States and actually encourage other
countries to step in and accelerate their development.
I think there has been a lot of hard work done to sort of try and hit
the sweet spot here, to try and deal with some very real concerns about
proliferation of sensitive technology, but to also be sensitive to the
needs of American technology-based industries.
We have had conversations in our committee in the past. Some of what
we have done I think needs to catch up with where technology has gone.
There is probably more technology at home in the bedroom of Emily Ann
in my house than the United States had when it developed the atomic
bomb in terms of computer technology. We need to be I think sensitive
to making sure that we do not put a stranglehold on American interests
and that we are able to move forward to deal with our legitimate
interests.
I hope that as we move forward with this, that there is an
opportunity for us to have a broader conversation about dual-use
applications, about export controls, and be able to move forward in the
future with the sophistication that it deserves.
Mr. HYDE. Mr. Chairman, I am pleased to yield 1 minute to the
gentleman from Illinois (Mr. Manzullo), the chairman of the Committee
on Small Business.
Mr. MANZULLO. Mr. Chairman, I rise in strong support of the Hyde-
Lantos-Hunter-Manzullo amendment and associate myself with the remarks
of the gentleman from Oregon (Mr. Blumenauer) that sometimes we all are
headed in the same direction, but it is extremely important to craft
the legislation in order to achieve its intended purpose.
The issue came up last week. It did not pass on a suspension. Mostly
because of my activity on the floor, it failed at that point. Our
staffs subsequently got together and came up with an amendment that
makes sure that the Chinese army does not receive sensitive information
from our allies and, at the same time, it does not hinder the export of
our valuable manufacturing.
So I want to commend the gentleman from Illinois (Chairman Hyde), the
gentleman from California (Chairman Hunter) and the gentleman from
California (Mr. Lantos) for coming up with an excellent resolution, all
aimed towards making sure that we preserve our manufacturing base, and
at the same time we do not give any technology to the People's
Liberation

[[Page H6056]]

Army. I urge a yes vote on this amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Illinois (Mr. Hyde).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 14 printed
in part B of House Report 109-175.

Amendment No. 14 Offered by Mr. Ackerman

Mr. ACKERMAN. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 14 offered by Mr. Ackerman:
Page 16, strike lines 1 through 4 and insert the following
new paragraph:
(6) Protection of foreign missions and officials.--
(A) For ``Protection of Foreign Missions and Officials'',
$15,000,000 for fiscal year 2006 and $15,000,000 for fiscal
year 2007.
(B) In addition to amounts authorized to be appropriated
under subparagraph (A), there are authorized to be
appropriated $19,580,000 for ``Protection of Foreign Missions
and Officials'' only to reimburse the City of New York for
necessary expenses incurred since 2002 for the protection of
foreign missions and officials.

The CHAIRMAN. Pursuant to House Resolution 365, the gentleman from
New York (Mr. Ackerman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York (Mr. Ackerman).
Mr. ACKERMAN. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, the Department of State pays for services to protect
foreign missions and officials in the U.S. In New York City, the city
lays out the money and gets reimbursed. Under this program, it is the
New York City Police Department that protects foreign missions and
officials, including meetings at the United Nations such as the General
Assembly.
Over the past several years, Congress has authorized and appropriated
approximately $10 million per year for this program. However, the cost
of providing these services has increased substantially, as we can
imagine, since September 11, 2001, while the authorizing appropriated
level for the program has remained the same. This has led to an
accumulation of State Department debt which was approved but remains
unpaid to the City of New York.
While New York is not the only city where such services are called
for by the State Department, Los Angeles and Chicago occasionally,
among others, provide these services as well, New York is the only city
owed money by the State Department.
The amendment raises the authorized level for the program to $15
million in each year for fiscal years 2006 and 2007, and also
authorizes the State Department to pay $19.58 million in back payments
for expenses incurred since 2002.
Mr. Chairman, in New York City the State Department has found a
flexible and consistent partner willing to front the money as well as a
cost-effective solution to address an important security concern when
leaders from around the world gather at the United Nations or elsewhere
in New York. The least we can do is authorize the program at a level
that allows the State Department to pay its bills in a timely way.
I want to thank the gentleman from Illinois (Chairman Hyde) and the
ranking member, the gentleman from California (Mr. Lantos), for their
support and cooperation and leadership and help, and to thank the
gentleman from New York (Mr. King), who is the cosponsor of this
amendment, for his great work in solving and resolving the issue.
I urge all of our colleagues to support the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SMITH of New Jersey. Mr. Chairman, I rise in support of the
amendment, but I ask unanimous consent to claim the time in opposition.
The CHAIRMAN. Is there objection to the request of the gentleman from
New Jersey?
There was no objection.
Mr. SMITH of New Jersey. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, while H.R. 2601 funds the protection of foreign
missions operations' account at the administration's request of $9.39
million, there are ongoing recurrent high expenses for the protection
of foreign missions and officials, especially in New York, that make
this amendment necessary. In addition, the Department of State agrees
that the City of New York is owed $19.58 million in back payments for
security work the city has done in relation to the United Nations.
This amendment authorizes the necessary funds to pay what we owe to
New York for protection services already provided and covers projected
costs in the next two fiscal years. The majority accepts and supports
the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. ACKERMAN. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from California (Mr. Lantos).
Mr. LANTOS. Mr. Chairman, I want to thank my friend from New York for
yielding me time.
Mr. Chairman, I rise in strong support of the amendment offered by my
distinguished colleague on the Committee on International Relations.
For many years now, the City of New York has provided invaluable
services to the Federal Government by providing protection on behalf of
the Department of State in New York to the U.N. and to the permanent
missions of its member states.
The State Department's representatives have recently informed our
committee that they are in full agreement with the City of New York
that the Federal Government owes some $20 million to the city for
services provided.

{time} 1615

The Ackerman amendment would provide the authority to the Secretary
of State to make good on this debt, and it will provide new resources
to the protection of foreign missions as we move forward to ensure that
further arrearages to the City of New York will be avoided.
I commend the gentleman on his amendment, and I urge all of my
colleagues to vote for it.
Mr. SMITH of New Jersey. Mr. Chairman, I yield back the balance of my
time.
Mr. ACKERMAN. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New York (Mr. Ackerman).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 15 printed
in part B of House Report 109-175.

Amendment No. 15 Offered by Mr. Blunt

Mr. BLUNT. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 15 offered by Mr. Blunt:
In subtitle B of title XI, redesignate sections 1111
through 1126 as sections 1121 through 1136, respectively.
At the end of subtitle A of title XI, add the following new
section:

SEC. 1111. STATEMENT OF POLICY RELATING TO INTERNATIONAL
TAXATION.

(a) Policy.--It is the policy of the United States to use
the voice, vote, and influence of the United States to
vigorously oppose any international or global tax that is or
may be considered or promoted by the United Nations, its
specialized or affiliated agencies, its Member States, or
United Nations-recognized nongovernmental organizations.
(b) Efforts.--United States representatives at the United
Nations shall--
(1) use the voice, vote, and influence of the United States
to vigorously oppose any effort by the United Nations or any
of its specialized or affiliated agencies to fund, approve,
advocate, or promote any proposal concerning the imposition
of a tax or fee on any United States person in order to raise
revenue for the United Nations or any such agency; and
(2) declare that a United States person shall not be
subject to any international tax and shall not be required to
pay such tax if such tax is levied against such person.
(c) Exception.--The policy described in subsection (a)
shall not apply to fees for publications or other kinds of
fees that are not tantamount to a tax on a United States
person.
(d) Person Defined.--For purposes of this section, the term
``person'' has the meaning given such term in section
7701(a)(1) of the Internal Revenue Code of 1986 (26 U.S.C.
7701(a)(1)).

The CHAIRMAN. Pursuant to House Resolution 365, the gentleman from
Missouri (Mr. Blunt) and a Member opposed each will control 15 minutes.

[[Page H6057]]

The Chair recognizes the gentleman from Missouri (Mr. Blunt).
Mr. BLUNT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, what this amendment does is it opposes the creation of
any international or global tax by the U.N. or its affiliate agencies.
Global taxes imposed by leaders of foreign governments on United States
citizens are clearly at odds with the Constitution and the tradition of
our country. The Constitution says: ``The Congress shall have the power
to lay and collect taxes, duties, imposts, and excises.'' It is our
responsibility as the elected representatives of the people to ensure
that no outside entity can ever collect revenue directly from U.S.
citizens.
This concept of global taxation is not as unimaginable as it may
seem. In fact, it is being actively advocated now. A new book,
``Innovative Sources of Development Finance,'' which is widely cited by
U.N. bureaucrats, raises the specter of such taxes. Some estimates
suggest that if fully implemented, the taxes could levy as much as $13
trillion a year. According to the book I just cited and the staffers at
the U.N., the global taxation project is being coordinated by the U.N.
Department of Economic and Social Affairs and the U.N. University's
World Institute for Development Economics. Even a figure as prominent
as George Soros supports global taxation on the American people,
stating support recently for an international tax ``not only on
currency transactions, but also on all financial transactions.''
Let me just give my colleagues a few examples, Mr. Chairman. The U.N.
Convention on the Law of the Sea, which the United States Senate has
wisely refused to ratify for 25 years, contains provisions requiring
U.S. companies that would eventually engage in deep sea mineral
extraction within our own coastal waters to pay a ``mandatory royalty''
to an international entity.
Shortly before this year's G-8 Summit in Scotland, several European
leaders, including President Jacques Chirac of France, suggested the
creation of an ``international airline tax'' that would raise revenue
from airline passengers to help finance global development projects.
In the most disturbing effort of all, this September the U.N. plans
to hold a plenary meeting to close a $65 billion annual gap in its
budget. A senior U.N. staffer to Kofi Annan recently suggested the most
effective way to close this gap would be to generate revenue through a
global tax.
As these examples clearly show, the international community through
the U.N. could very easily move in this direction.
This amendment, Mr. Chairman, just says that no one representing our
country, no one spending money on behalf of our country could advocate
or support in any way taxes levied in these ways, and I think it is an
important addition to the bill.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does any Member seek time in opposition to the Blunt
amendment?
Mr. BLUNT. Mr. Chairman, I yield 1 minute to my friend, the gentleman
from Indiana (Mr. Sodrel).
Mr. SODREL. Mr. Chairman, I thank the gentleman from Missouri for
yielding me this time.
The American people have given the United States Congress the sole
authority to levy taxes for the support of our national government.
They have not given any constitutional authorization to any global
organization to tax them, either directly or indirectly. It is
important that we make perfectly clear to the United Nations that any
effort towards international or global taxation is entirely
unacceptable.
We are currently paying almost 25 percent of the U.N.'s $2 billion
annual budget. Many of my constituents already question whether that
money is well spent. The Oil-For-Food questions have done little to
instill confidence in the U.N. on the part of the American taxpayer.
I urge my colleagues to support this amendment. We do not want any
misunderstanding on the part of the U.N. as to our position on the
issue of international or global taxation.
I thank the gentleman for this amendment.
Mr. BLUNT. Mr. Chairman, I yield 1 minute to the gentleman from
Indiana (Mr. Pence).
(Mr. PENCE asked and was given permission to revise and extend his
remarks.)
Mr. PENCE. Mr. Chairman, I thank the gentleman for yielding me this
time; and more importantly, I thank him for his leadership on the Blunt
amendment. Sometimes one has to go to Missouri to state the obvious.
The Blunt amendment does just that, but it does it with real teeth.
Like many of the reforms in this legislation that we will seek to
move today, the Blunt amendment not only requires every representative
of the United States on every U.N. body to oppose the creation of an
international tax, but it also clearly states that United States
citizens and corporations are exempt from any taxation that is imposed
on the United Nations.
This is the kind of show-me clarity that the American people have
come to expect from Missourans. I am grateful for the Blunt amendment.
What you tax you get less of. What you subsidize you get more of. We
have subsidized the United Nations as an experiment in a world forum,
but we must not permit the United Nations to become an entity of
taxation on the American people or for our part the world.
Mr. BLUNT. Mr. Chairman, we have no other speakers. I look forward to
this amendment being included in the legislation, and I am certainly
grateful to our good friend, the gentleman from Illinois (Chairman
Hyde), for bringing this legislation to the floor.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Missouri (Mr. Blunt).
The amendment was agreed to.

Modification to Amendment No. 2 Offered by Mr. Hyde

Mr. HYDE. Mr. Chairman, I ask unanimous consent that amendment No. 2
be modified by the form I have placed at the desk.
The CHAIRMAN. The Clerk will report the modification.
The Clerk read as follows:

Modification to amendment No. 2 offered by Mr. Hyde:
After page 6, insert the following:
(c) United States Financial Contributions to the United
Nations.--Section 11 of the United Nations Participation Act
of 1945 (22 U.S.C. 287e-3) is amended to read as follows:

``SEC. 11. UNITED STATES FINANCIAL CONTRIBUTIONS TO THE
UNITED NATIONS.

tions, each specialized agency has developed a standardized
methodology for the evaluation of the programs of the agency,
including specific criteria for determining the continuing
relevance and effectiveness of the programs.
(C) Report.--The Secretary General is assessing budget
requests and, on the basis of evaluations conducted under
subparagraph (B) for the relevant preceding year, submits to
the General Assembly a report containing the results of such
evaluations, identifying programs that have satisfied the
criteria for continuing relevance and effectiveness, and an
identification of programs that have not satisfied such
criteria and should be terminated.
(D) Sunset of programs.--Consistent with the July 16, 1997,
recommendations of the Secretary General regarding a sunset
policy and results-based budgeting for United Nations
programs, the United Nations and each specialized agency has
established and is implementing procedures to require all new
programs approved by the General Assembly to have a specific
sunset date.
After page 82, insert the following:

been trained concerning the requirements of the Code of
Conduct and each has been given a personal copy of the Code,
translated into the national language of such personnel.
(C) All personnel, regardless of category or rank, are
required to sign an oath that each has received a copy of the
Code of Conduct, that each pledges to abide by the Code, and
that each understands the consequences of violating the Code,
including the immediate termination of the participation of
such personnel in the peacekeeping operation to which such
personnel is assigned as a condition of the appointment to
such operation.

[[Page H6058]]

(D) All peacekeeping operations have designed and
implemented educational outreach programs to reach local
communities where peacekeeping personnel of such operations
are based to explain prohibited acts on the part of United
Nations peacekeeping personnel and to identify the individual
to whom the local population may direct complaints or file
allegations of exploitation, abuse, or other acts of
misconduct.

Mr. HYDE (during the reading). Mr. Chairman, I ask unanimous consent
that the modification be considered as read and printed in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Illinois?
There was no objection.
The CHAIRMAN. Without objection, the modification is agreed to.
There was no objection.
The text of the amendment, as modified, is as follows:

Redesignate title XI as title XII and redesignate sections
1101 through 1126 as sections 1201 through 1226, respectively
(and conform the table of contents accordingly).
Insert after title X the following new title (and conform
the table of contents accordingly):

TITLE XI--HENRY J. HYDE UNITED NATIONS REFORM ACT OF 2005

SECTION 1101. SHORT TITLE.

This title may be cited as the ``Henry J. Hyde United
Nations Reform Act of 2005''.

SEC. 1102. DEFINITIONS.

In this title:
(1) Employee.--The term ``employee'' means an individual
who is employed in the general services, professional staff,
or senior management of the United Nations, including
contractors and consultants.
(2) General assembly.--The term ``General Assembly'' means
the General Assembly of the United Nations.
(3) Member state.--The term ``Member State'' means a Member
State of the United Nations. Such term is synonymous with the
term ``country''.
(4) Secretary.--The term ``Secretary'' means the Secretary
of State.
(5) Secretary general.--The term ``Secretary General''
means the Secretary General of the United Nations.
(6) Security council.--The term ``Security Council'' means
the Security Council of the United Nations.
(7) Specialized agencies and specialized agencies of the
united nations.--The terms ``specialized agencies'' and
``specialized agencies of the United Nations'' mean--
(A) the Food and Agriculture Organization (FAO);
(B) the International Atomic Energy Agency (IAEA);
(C) the International Civil Aviation Organization (ICAO);
(D) the International Fund for Agricultural Development
(IFAD);
(E) the International Labor Organization (ILO);
(F) the International Maritime Organization (IMO);
(G) the International Telecommunication Union (ITU);
(H) the United Nations Educational, Scientific, and
Cultural Organization (UNESCO);
(I) the United Nations Industrial Development Organization
(UNIDO);
(J) the Universal Postal Union (UPU);
(K) the World Health Organization (WHO) and its regional
agencies;
(L) the World Meteorological Organization (WMO); and
(M) the World Intellectual Property Organization (WIPO).

SEC. 1103. STATEMENT OF CONGRESS.

Congress declares that, in light of recent history, it is
incumbent upon the United Nations to enact significant reform
measures if it is to restore the public trust and confidence
necessary for it to achieve the laudable goals set forth in
its Charter. To this end, the following Act seeks to reform
the United Nations.

Subtitle A--Mission and Budget of the United Nations

SEC. 1111. UNITED STATES FINANCIAL CONTRIBUTIONS TO THE
UNITED NATIONS.

(a) Statements of Policy.--
(1) In general.--It shall be the policy of the United
States to use its voice, vote, and influence at the United
Nations to--
(A) pursue a streamlined, efficient, and accountable
regular assessed budget of the United Nations; and
(B) shift funding mechanisms of certain organizational
programs of the United Nations specified under paragraph (4)
from the regular assessed budget to voluntarily funded
programs.
(2) United states contributions.--It shall be the policy of
the United States to--
(A) redirect United States contributions to the United
Nations to achieve the policy objectives described in
paragraph (1)(B); and
(B) redirect a portion of funds from the following
organizational programs to pursue the policy objectives
described in paragraph (1)(A):
(i) Public Information.
(ii) General Assembly affairs and conference services.
(3) Future biennium budgets.--It shall be the policy of the
United States to use its voice, vote, and influence at the
United Nations to ensure that future biennial budgets of the
United Nations, as agreed to by the General Assembly, reflect
the shift in funding mechanisms described in paragraph (1)(B)
and the redirection of funds described in paragraph (2).
(4) Certain organizational programs.--The organizational
programs referred to in paragraph (1)(B) are the following:
(A) Economic and social affairs.
(B) Least-developed countries, landlocked developing
countries and small island developing States.
(C) United Nations support for the New Partnership for
Africa's Development.
(D) Trade and development.
(E) International Trade Center UNCTAD/WTO.
(F) Environment.
(G) Human settlements.
(H) Crime prevention and criminal justice.
(I) International drug control.
(J) Economic and social development in Africa.
(K) Economic and social development in Asia and the
Pacific.
(L) Economic development in Europe.
(M) Economic and social development in Latin America and
the Caribbean.
(N) Economic and social development in Western Asia.
(O) Regular program of technical cooperation.
(P) Development account.
(Q) Protection of and assistance to refugees.
(R) Palestine refugees.
(b) Authorization With Respect to the Regular Assessed
Budget of the United Nations.--Subject to the amendment made
by subsection (c), the Secretary of State is authorized to
make contributions toward the amount assessed to the United
States by the United Nations for the purpose of funding the
regular assessed budget of the United Nations.
(c) United States Financial Contributions to the United
Nations.--Section 11 of the United Nations Participation Act
of 1945 (22 U.S.C. 287e-3) is amended to read as follows:

``SEC. 11. UNITED STATES FINANCIAL CONTRIBUTIONS TO THE
UNITED NATIONS.

``(a) Policy of the United States Relating to the Regular
Assessed Budget of the United Nations.--
``(1) In general.--The President shall direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States at the
United Nations to--
``(A) pursue a streamlined, efficient, and accountable
regular assessed budget of the United Nations; and
``(B) shift funding mechanisms of certain organizational
programs of the United Nations specified under paragraph (2)
of subsection (c) from the regular assessed budget to
voluntarily funded programs.
``(2) United states contributions.--It shall be the policy
of the United States to--
``(A) redirect United States contributions to the United
Nations to achieve the policy objectives described in
paragraph (1)(B); and
``(B) redirect a portion of funds from the following
organizational programs to pursue the policy objectives
described in paragraph (1)(A):
``(i) Public Information.
``(ii) General Assembly affairs and conferences services.
``(3) Future biennium budgets.--The President shall direct
the United States Permanent Representative to the United
Nations to use the voice, vote, and influence of the United
States at the United Nations to ensure that the shifting of
funding mechanisms under paragraph (1)(B) and redirecting of
contributions under paragraph (2) be reflected in future
resolutions agreed to by the General Assembly for the regular
assessed budget of the United Nations for the period of a
current biennium. To achieve the policies described in
paragraphs (1) and (2), the United States Permanent
Representative to the United Nations shall withhold the
support of the United States for a consensus for such budget
until such time as such budget is reflective of such
policies.
``(b) 22 Percent Limitation.--In accordance with section
1171 of the Henry J. Hyde United Nations Reform Act of 2005,
the Secretary may not make a contribution to a regularly
assessed biennial budget of the United Nations in an amount
greater than 22 percent of the amount calculable under
subsection (c).
``(c) Annual Dues.--
``(1) In general.--For annual dues paid by the United
States to the United Nations each fiscal year, the percentage
specified in subsection (b) shall be multiplied by one-half
of the amount of the regularly assessed budget of the United
Nations for a current biennial period, as agreed to by
resolution of the General Assembly.
``(2) Calculation with respect to certain organizational
programs for redirection.--The percentage specified in
subsection (b) shall be multiplied by one-half of the sum of
amounts budgeted by resolution of the General Assembly for a
current biennial period for the following certain
organizational programs:
``(A) Economic and social affairs.
``(B) Least-developed countries, landlocked developing
countries and small island developing States.
``(C) United Nations support for the New Partnership for
Africa's Development.
``(D) Trade and development.

[[Page H6059]]

``(E) International Trade Center UNCTAD/WTO.
``(F) Environment.
``(G) Human settlements.
``(H) Crime prevention and criminal justice.
``(I) International drug control.
``(J) Economic and social development in Africa.
``(K) Economic and social development in Asia and the
Pacific.
``(L) Economic development in Europe.
``(M) Economic and social development in Latin America and
the Caribbean.
``(N) Economic and social development in Western Asia.
``(O) Regular program of technical cooperation.
``(P) Development account.
``(Q) Protection of and assistance to refugees.
``(R) Palestine refugees.
``(3) Redirection of funds.--Of amounts appropriated for
contributions towards payment of regular assessed dues to the
United Nations for 2008 and each subsequent year, if the
funding mechanisms of one or more of the organizational
programs of the United Nations specified in paragraph (2)
have not been shifted from the regular assessed budget to
voluntarily funded programs in accordance with subsection
(a)(1), the Secretary shall ensure that such amounts in each
such fiscal year that are specified for each such
organizational program pursuant to the resolution agreed to
by the General Assembly for the regular assessed budget of
the United Nations for the period of a current biennium are
redirected from payment of the assessed amount for the
regular assessed budget as follows:
``(A) Subject to not less than 30 days prior notification
to Congress, the Secretary shall expend an amount, not to
exceed 40 percent of the amount specified for each such
organizational program pursuant to the resolution agreed to
by the General Assembly for the regular assessed budget of
the United Nations for the period of a current biennium, as a
contribution to an eligible organizational program specified
in paragraph (4).
``(B) Subject to not less than 30 days prior notification
to Congress, the Secretary shall expend the remaining amounts
under this paragraph to voluntarily funded United Nations
specialized agencies, funds, or programs.
``(4) Eligible organizational programs.--The eligible
organizational programs referred to in paragraph (3)(A) for
redirection of funds under such paragraph are the following:
``(A) Internal oversight.
``(B) Human rights.
``(C) Humanitarian assistance.
``(D) An organizational program specified in subparagraphs
(A) through (P) of paragraph (2), subject to paragraph (5).
``(5) Expenditure of remaining amounts to certain
organization programs.--
``(A) Voluntary contribution.--Subject to not less than 30
days prior notification to Congress and the limitation
specified under subparagraph (B), the Secretary is authorized
to make a voluntary contribution to an organizational program
of the United Nations specified in subparagraphs (A) through
(P) of paragraph (2) of any amounts not contributed in a
fiscal year to an eligible organizational program specified
in subparagraphs (A) through (C) of paragraph (4).
``(B) 10 percent limitation.--A voluntary contribution
under subparagraph (A) to an organizational program of the
United Nations specified in subparagraphs (A) through (P) of
paragraph (2) may not exceed 10 percent of the total
contribution made under paragraph (3)(A).
``(d) Further Calculation With Respect to Budgets for
Public Information and General Assembly Affairs and
Conference Services.--
``(1) 22 percent limitation.--The Secretary may not make a
contribution to a regularly assessed biennial budget of the
United Nations in an amount greater than 22 percent of the
amount calculable under paragraph (2).
``(2) Annual dues each fiscal year.--
``(A) In general.--For annual dues paid by the United
States to the United Nations each fiscal year, the percentage
specified in paragraph (1) shall be multiplied by one-half of
the amount of the regularly assessed budget of the United
Nations for a current biennial period, as agreed to by
resolution of the General Assembly.
``(B) Calculation with respect to public information and
general assembly affairs and conference services.--With
respect to such United States annual dues, the percentage
specified in paragraph (1) shall be multiplied by one-half of
the sum of amounts budgeted by resolution of the General
Assembly for the 2004-2005 biennial period for the following
organizational programs:
``(i) Public Information.
``(ii) General Assembly affairs and conferences services.
``(C) Redirection of funds.--
``(i) In general.--The President shall direct the United
States Permanent Representative to the United Nations to make
every effort, including the withholding of United States
support for a consensus budget of the United Nations, to
reduce the budgets of the organizational programs specified
in subparagraph (B) for 2007 by 10 percent against the
budgets of such organizational programs for the 2004-2005
biennial period. If the budgets of such organizational
programs are not so reduced, 20 percent the amount determined
under subparagraph (B) for contributions towards payment of
regular assessed dues for 2007 shall be redirected from
payment for the amount assessed for United States annual
contributions to the regular assessed budget of the United
Nations.
``(ii) Specific amounts.--The Secretary shall make the
amount determined under clause (i) available as a
contribution to an eligible organizational program specified
in subparagraphs (A) through (C) of paragraph (4) of
subsection (c).
``(3) Policy with respect to 2008-2009 biennial period and
subsequent biennial periods.--
``(A) In general.--The President shall direct the United
States Permanent Representative to the United Nations to make
every effort, including the withholding of United States
support for a consensus budget of the United Nations, to
reduce the budgets of the organizational programs specified
in subparagraph (B) of paragraph (2) for the 2008-2009
biennial period and each subsequent biennial period by 20
percent against the budgets of such organizational programs
for the 2004-2005 biennial period.
``(B) Certification.--In accordance with section 1171 of
the Henry J. Hyde United Nations Reform Act of 2005, a
certification shall be required that certifies that the
reduction in budgets described in subparagraph (A) has been
implemented.''.
(d) Effective Date.--The amendment made by subsection (c)
shall take effect and apply beginning on October 1, 2006.
(e) Limitation on United States Contributions to UNRWA.--
The Secretary of State may not make a contribution to the
United Nations Relief and Works Agency for Palestine Refugees
in the Near East (UNRWA) in an amount greater than the
highest contribution to UNRWA made by an Arab country, but
may not exceed 22 percent of the total budget of UNRWA. For
purposes of this subsection, an Arab country includes the
following: Algeria, Bahrain, Comoros, Dijibouti, Egypt, Iran,
Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman,
Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, the
United Arab Emirates, Iraq, and Yemen.
(f) Policy Relating to Zero Nominal Growth.--It shall be
the policy of the United States to use the voice, vote, and
influence of the United States at the United Nations to make
every effort to enforce zero nominal growth in all assessed
dues to the regular budget of the United Nations, its
specialized agencies, and its funds and programs.
(g) 5.6 Rule.--It shall be the policy of the United States
to use the voice, vote, and influence of the United States at
the United Nations to actively enforce the 5.6 rule at the
United Nations, requiring the Secretariat to identify low-
priority activities in the budget proposal. The United
Nations should strengthen the 5.6 rule by requiring that
managers identify the lowest priority activities equivalent
to 15 percent of their budget request or face an across the
board reduction of such amount.
(h) Annual Publication.--It shall be the policy of the
United States to use the voice, vote, and influence of the
United States at the United Nations to ensure the United
Nations is annually publishing a list of all subsidiary
bodies and their functions, budgets, and staff.
(i) Scale of Assessments.--
(1) In general.--The President shall direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States at the
United Nations to make every effort to ensure that the
difference between the scale of assessments for the five
permanent members of the Security Council is not greater than
five times that of any other permanent member of the Security
Council.
(2) Denial of use of veto.--If the Secretary of State
determines that a permanent member of the Security Council
with veto power is not in compliance with the requirement
described in paragraph (1), the President shall direct the
United States Permanent Representative to the United Nations
to use the voice, vote, and influence of the United States at
the United Nations to make every effort to deny to such
permanent member the use of the veto power of such permanent
member until such time as such permanent member satisfies the
requirement of such paragraph.

SEC. 1112. WEIGHTED VOTING.

It shall be the policy of the United States to actively
pursue weighted voting with respect to all budgetary and
financial matters in the Administrative and Budgetary
Committee and in the General Assembly in accordance with the
level of the financial contribution of a Member State to the
regular assessed budget of the United Nations.

SEC. 1113. BUDGET CERTIFICATION REQUIREMENTS.

(a) Certification.--In accordance with section 1171, a
certification shall be required that certifies that the
conditions described in subsection (b) have been satisfied.
(b) Conditions.--The conditions under this subsection are
the following:
(1) New budget practices for the united nations.--The
United Nations is implementing budget practices that--
(A) require the maintenance of a budget not in excess of
the level agreed to by the General Assembly at the beginning
of each United Nations budgetary biennium, unless increases
are agreed to by consensus and do not exceed ten percent; and
(B) require the identification of expenditures by the
United Nations by functional

[[Page H6060]]

categories such as personnel, travel, and equipment.
(2) Program evaluation.--
(A) Existing authority.--The Secretary General and the
Director General of each specialized agency have used their
existing authorities to require program managers within the
United Nations Secretariat and the Secretariats of the
specialized agencies to conduct evaluations in accordance
with the standardized methodology referred to in subparagraph
(B) of--
(i) United Nations programs approved by the General
Assembly; and
(ii) programs of the specialized agencies.
(B) Development of evaluation criteria.--
(i) United nations.--The Office of Internal Oversight
Services has developed a standardized methodology for the
evaluation of United Nations programs approved by the General
Assembly, including specific criteria for determining the
continuing relevance and effectiveness of the programs.
(ii) Specialized agencies.--Patterned on the work of the
Office of Internal Oversight Services of the United Nations,
each specialized agency has developed a standardized
methodology for the evaluation of the programs of the agency,
including specific criteria for determining the continuing
relevance and effectiveness of the programs.
(C) Report.--The Secretary General is assessing budget
requests and, on the basis of evaluations conducted under
subparagraph (B) for the relevant preceding year, submits to
the General Assembly a report containing the results of such
evaluations, identifying programs that have satisfied the
criteria for continuing relevance and effectiveness, and an
identification of programs that have not satisfied such
criteria and should be terminated.
(D) Sunset of programs.--Consistent with the July 16, 1997,
recommendations of the Secretary General regarding a sunset
policy and results-based budgeting for United Nations
programs, the United Nations and each specialized agency has
established and is implementing procedures to require all new
programs approved by the General Assembly to have a specific
sunset date.

SEC. 1114. ACCOUNTABILITY.

(a) Certification of Creation of Independent Oversight
Board.--In accordance with section 1171, a certification
shall be required that certifies that the following reforms
related to the establishment of an Independent Oversight
Board (IOB) have been adopted by the United Nations:
(1) An IOB is established from existing United Nations
budgetary and personnel resources. Except as provided in this
subsection, the IOB shall be an independent entity within the
United Nations and shall not be subject to budget authority
or organizational authority of any entity within the United
Nations.
(2) The head of the IOB shall be a Director, who shall be
nominated by the Secretary General and who shall be subject
to Security Council approval by a majority vote. The IOB
shall also consist of four other board members who shall be
nominated by the Secretary General and subject to Security
Council approval by a majority vote. The IOB shall be
responsible to the Security Council and the Director and
board members shall each serve terms of six years, except
that the terms of the initial board shall be staggered so
that no more than two board members' terms will expire in any
one year. No board member may serve more than two terms. An
IOB board member may be removed for cause by a majority vote
of the Security Council. The Director shall appoint a
professional staff headed by a Chief of Staff and may employ
contract staff as needed.
(3) The IOB shall receive operational and budgetary funding
through appropriations by the General Assembly from existing
levels of United Nations budgetary and personnel resources,
and shall not be dependent upon any other entity, bureau,
division, department, or specialized agency of the United
Nations for such funding.
(4) While the IOB shall have the authority to evaluate all
operations of the United Nations, the primary mission of the
IOB is to oversee the Office of Internal Oversight Services
and the Board of External Auditors. The IOB may direct the
Office of Internal Oversight Services or the Board of
External Auditors to initiate, abandon, or modify the scope
of an investigation. Every three months or more frequently
when appropriate, the IOB shall submit, as appropriate, to
the Secretary General, the Security Council, the General
Assembly, or the Economic and Social Council a report on its
activities, relevant observations, and recommendations
relating to its audit operations, including information
relating to the inventory and status of investigations by the
Office of Internal Oversight Services.
(5) In extraordinary circumstances and with the concurrence
of the Secretary General or the Security Council by majority
vote, the IOB may augment the Office of Internal Oversight
Services with a special investigator and staff consisting of
individuals who are not employees of the United Nations, to
investigate matters involving senior officials of the United
Nations or of its specialized agencies when allegations of
serious misconduct have been made and such a special
investigation is necessary to maintain public confidence in
the integrity of the investigation. A special investigator
and staff shall comply with all United Nations financial
disclosure and conflict of interest rules, including the
filing of an individual Annual Financial Disclosure Form in
accordance with subsection (c).
(6) The IOB shall recommend annual budgets for the Office
of Internal Oversight Services and the Board of External
Auditors.
(7)(A) The IOB shall review the Final Report of the
Independent Inquiry Committee (IIC) into the United Nations
Oil for Food Program (OFF). The IOB's review should focus on
the adequacy of the IIC's Final Report or any subsequent
reports of the IIC or of any possible successor to the IIC.
The IOB's review of the IIC's Final Report should address the
Final Report's treatment of and adequacy in the following
areas--
(i) OFF's operations from inception through the transfer of
power from the Coalition Provisional Authority to the interim
Iraqi government;
(ii) claims of oil smuggling, illegal surcharges on oil and
commissions on commodity contracts, illegal kick-backs, use
of oil allocations to influence foreign government officials
and international people of influence, and use of funds for
military purposes;
(iii) the involvement, directly or indirectly, of any
entity, bureau, division, department, specialized agency, or
employee (including the Secretary General) of the United
Nations, including any employee of the specialized agencies
of the United Nations or any employee or officer of the
Secretariat;
(iv) the IIC's findings, discovery and use of evidence, and
investigation practices; and
(v) the extent of cooperation by the United Nations with
requests by Congress for testimony, interviews, documents,
correspondence, reports, memoranda, books, papers, accounts,
or records related to the Oil for Food Program.
(B) Subsequent to the IOB's review, the IOB shall determine
in a written report whether the IIC investigation is
incomplete or inadequate in any respects and whether any
additional investigation is justified. If the IOB determines
that additional investigation is warranted, it shall appoint,
in accordance with paragraph (5), a special investigator and
staff consisting of individuals who are not employees of the
United Nations and to identify specific areas within the OFF
to investigate.
(b) Certification of United Nations Reforms of the Office
of Internal Oversight Services.--In accordance with section
1171, a certification shall be required that certifies that
the following reforms related to the Office of Internal
Oversight Services (OIOS) have been adopted by the United
Nations:
(1) The OIOS is designated as an independent entity within
the United Nations. The OIOS shall not be subject to budget
authority or organizational authority of any entity within
the United Nations except as provided in this section.
(2) The regular assessed budget of the United Nations shall
fully fund the Internal Oversight Budget from existing levels
of United Nations budgetary and personnel resources and shall
not be dependent upon any other entity, bureau, division,
department, or specialized agency of the United Nations for
such funding.
(3) All United Nations officials, including officials from
any entity, bureau, division, department, or specialized
agency of the United Nations, may--
(A) make a recommendation to the OIOS to initiate an
investigation of any aspect of the United Nations; or
(B) report to the OIOS information or allegations of
misconduct or inefficiencies within the United Nations.
(4) The OIOS may, sua sponte, initiate and conduct an
investigation or audit of any entity, bureau, division,
department, specialized agency, employee (including the
Secretary General) of the United Nations, including any
employee of the specialized agencies of the United Nations,
or contractor or consultant for the United Nations or its
specialized agencies.
(5) At least every three months and more frequently when
appropriate, the OIOS shall submit to the IOB a report
containing an inventory and status of its investigations.
(6) The OIOS shall establish procedures for providing
``whistle-blower'' status and employment protections for all
employees of the United Nations, including employees of the
specialized agencies of the United Nations, who provide
informational leads and testimony related to allegations of
wrongdoing. Such procedures shall be adopted throughout the
United Nations. Such status and protection may not be
conferred on the Secretary General.
(7) The OIOS shall annually publish a public report
determining the proper number, distribution, and expertise of
auditors within the OIOS necessary to carry out present and
future duties of the OIOS, including assessing the staffing
requirements needed to audit United Nations contracting
activities throughout the contract cycle from the bid process
to contract performance.
(8) Not later than six months after the date of the
enactment of this Act, the Director shall establish a
position of Associate Director of OIOS for Specialized
Agencies and Funds and Programs who shall be responsible for
supervising the OIOS liaison or oversight duties for each of
the specialized agencies and funds and programs of the United
Nations. With the concurrence of the Director, the Associate
Director of OIOS for Specialized Agencies and Funds and
Programs may, from existing levels of United Nations
budgetary and personnel resources,

[[Page H6061]]

hire and appoint necessary OIOS staff, including staff
serving within and located at specialized agencies and funds
and programs permanently or as needed to liaison with
existing audit functions within each specialized agency and
fund and program.
(9) Not later than six months after the date of the
enactment of this Act, the Director shall establish a
position of Associate Director of OIOS for Peacekeeping
Operations, who shall be responsible for the oversight and
auditing of the field offices attached to United Nations
peacekeeping operations. The Associate Director of OIOS for
Peacekeeping Operations shall receive informational leads and
testimony from any person regarding allegations of wrongdoing
by United Nations officials or peacekeeping troops or
regarding inefficiencies associated with United Nations
peacekeeping operations. The Associate Director of OIOS for
Peacekeeping Operations shall be responsible for initiating,
conducting, and overseeing investigations within peacekeeping
operations.
(10) Not later than six months after the date of the
enactment of this Act, the Director shall establish a
position of Associate Director of OIOS for Procurement and
Contract Integrity, who shall be responsible for auditing and
inspecting procurement and contracting win the United
Nations, including within the specialized agencies. The
Associate Director of OIOS for Procurement and Contract
Integrity shall receive informational leads and testimony
from any person regarding allegations of wrongdoing by United
Nations officials or regarding inefficiencies associated with
United Nations procurement or contracting activities. The
Associate Director of OIOS for Procurement and Contract
Integrity shall be responsible for initiating, conducting,
and overseeing investigations of procurement and contract
activities. Not later than 12 months after the establishment
of the position of Associate Director of OIOS for Procurement
and Contract Integrity, the Director, with the assistance of
the Associate Director of OIOS for Procurement and Contract
Integrity, shall undertake a review of contract procedures to
ensure that practices and policies are in place to ensure
that--
(A) the United Nations has ceased issuing single bid
contracts except for such contracts issued during an
emergency situation that is justified by the Under Secretary
General for Management;
(B) the United Nations has established effective controls
to prevent conflicts of interest in the award of contracts;
and
(C) the United Nations has established effective procedures
and policies to ensure effective and comprehensive oversight
and monitoring of United Nations contract performance.
(c) Certification of Establishment of United Nations Office
of Ethics.--In accordance with section 1171, a certification
shall be required that certifies that the following reforms
related to the establishment of a United Nations Office of
Ethics have been adopted by the United Nations:
(1) A United Nations Office of Ethics (UNOE) is
established. The UNOE shall be an independent entity within
the United Nations and shall not be subject to budget
authority or organizational authority of any entity within
the United Nations. The UNEO shall be responsible for
establishing, managing, and enforcing a code of ethics for
all employees of United Nations and its specialized agencies.
The UNEO shall also be responsible for providing such
employees with annual training related to such code. The head
of the UNEO shall be a Director who shall be nominated by the
Secretary General and who shall be subject to Security
Council approval by majority vote. The UNOE shall promulgate
ethics rules, including the following:
(A) No employee of any United Nations entity, bureau,
division, department, or specialized agency may be
compensated while participating in the domestic politics of
the country of such employee, except for voting or acting as
part of a Security Council, General Assembly, or legitimately
authorized United Nations mission or assignment.
(B) No United Nations entity, bureau, division, department,
or specialized agency may hire an individual convicted in a
generally recognized court of a democratically-elected
government with an independent judiciary and an extradition
treaty with the United States and the European Union for any
crime or crimes involving financial misfeasance, malfeasance,
fraud, or perjury.
(C) The employment of an employee of any United Nations
entity, bureau, division, department, or specialized agency
who is convicted in a generally recognized court of a
democratically-elected government with an independent
judiciary and an extradition treaty with the United States
and the European Union of any crime or crimes involving
financial misfeasance, malfeasance, fraud, or perjury shall
be subject to termination.
(D) If an employee of any United Nations entity, bureau,
division, department, or specialized agency has contact
regarding the disposition of ongoing internal United Nations
operations or decisions with an individual who is not an
employee or official of the government of a Member State (or
a similarly situated individual), with an individual who is
not officially employed by any United Nations entity, bureau,
division, department, or specialized agency, or with an
individual who is not a working member of the media, a
memorandum of such contact shall be prepared by such employee
and, upon request, be made available to Member States.
(2) The UNEO shall receive operational and budgetary
funding through appropriations by the General Assembly from
existing levels of United Nations budgetary and personnel
resources and shall not be dependent upon any other entity,
bureau, division, department, or specialized agency of the
United Nations for such funding.
(3) The Director of the UNEO shall, not later than six
months after the date of its establishment, publish a report
containing proposals for implementing a system for the filing
and review of individual Annual Financial Disclosure Forms by
each employee of the United Nations, including by each
employee of its specialized agencies, at the P-5 level and
above and by all contractors and consultants compensated at
any salary level. Such system shall be in place and
operational not later than six months after the date of the
publication of the report. Such completed forms shall be made
available to the Office of Internal Oversight Services at the
request of the Director of the Office of Internal Oversight
Services. Such system shall seek to identify and prevent
conflicts of interest by United Nations employees and shall
be comparable to the system used for such purposes by the
United States Government. Such report shall also address
broader reforms of the ethics program for the United Nations,
including--
(A) the effect of the establishment of ethics officers
throughout all organizations within the United Nations;
(B) the effect of retention by the UNEO of Annual Financial
Disclosure Forms;
(C) proposals for making completed Annual Financial
Disclosure Forms available to the public on request through
their Member State's mission to the United Nations;
(D) proposals for annual disclosure to the public of
information related to the annual salaries and payments,
including pension payments and buyouts, of employees of the
United Nations, including employees of its specialized
agencies, and of consultants;
(E) proposals for annual disclosure to the public of
information related to per diem rates for all bureaus,
divisions, departments, or specialized agencies within the
United Nations;
(F) proposals for disclosure upon request by the Ambassador
of a Member State of information related to travel and per
diem payments made from United Nations funds to any person;
and
(G) proposals for annual disclosure to the public of
information related to travel and per diem rates and payments
made from United Nations funds to any person.
(d) Certification of United Nations Establishment of
Position of Chief Operating Officer.--In accordance with
section 1171, a certification shall be required that
certifies that the following reforms related to the
establishment of the position of a Chief Operating Officer
have been adopted by the United Nations:
(1) There is established the position of Chief Operating
Officer (COO). The COO shall report to the Secretary General.
(2) The COO shall be responsible for formulating general
policies and programs for the United Nations in coordination
with the Secretary General and in consultation with the
Security Council and the General Assembly. The COO shall be
responsible for the daily administration, operation and
supervision, and the direction and control of the business of
the United Nations. The Chief Operating Officer shall also
perform such other duties and may exercise such other powers
as from time to time may be assigned to the COO by the
Secretary General.
(e) Certification of Access by Member States to Reports and
Audits by Board of External Auditors.--In accordance with
section 1171, a certification shall be required that
certifies that Member States may, upon request, have access
to all reports and audits completed by the Board of External
Auditors.
(f) Waiver of Immunity.--The President shall direct the
United States Permanent Representative to the United Nations
to use the voice, vote, and influence of the United States at
the United Nations to ensure that the Secretary General
exercises the right and duty of the Secretary General under
section 20 of the Convention on the Privileges and Immunities
of the United Nations to waive the immunity of any United
Nations official in any case in which such immunity would
impede the course of justice. In exercising such waiver, the
Secretary General is urged to interpret the interests of the
United Nations as favoring the investigation or prosecution
of a United Nations official who is credibly under
investigation for having committed a serious criminal offense
or who is credibly charged with a serious criminal offense.
(g) Certification of United Nations Cooperation Relating to
Oil-for-Food Program.--
(1) Actions.--In accordance with section 1171, a
certification shall be required that certifies that the
following actions relating to the oil-for-food program have
been taken by the United Nations:
(A) The United Nations Secretary General has authorized the
release to a law enforcement authority of any Member State
(upon request by the permanent representative to the United
Nations of such Member State on behalf of such law
enforcement authority) or to a national legislative authority
authentic copies of any document in the possession of the
United Nations, including any document in the possession of a
person who was engaged on a contract basis to provide goods
or

[[Page H6062]]

services to the United Nations, that in the judgment of such
requesting law enforcement authority or national legislative
authority directly or indirectly concerns the oil-for-food
program or a sanction imposed on Iraq related to the oil-for-
food program.
(B) The United Nations has waived any immunity enjoyed by
any United Nations official from the judicial process in the
United States for any civil or criminal acts or omissions
under Federal or State law that may have transpired within
the jurisdiction of the United States in connection with the
oil-for-food program.
(2) Definition.--As used in this subsection, the term
``oil-for-food program'' means the program established and
administered pursuant to United Nations Security Council
Resolution 986 (April 14, 1995) and subsequent United Nations
resolutions to permit the sale of petroleum products exported
from Iraq and to use the revenue generated from such sale for
humanitarian assistance.

SEC. 1115. TERRORISM AND THE UNITED NATIONS.

The President shall direct the United States Permanent
Representative to the United Nations to use the voice, vote,
and influence of the United States at the United Nations to
work toward adoption by the General Assembly of--
(1) a definition of terrorism that builds upon the
recommendations of the Secretary General's High-Level Panel
on Threats, Challenges, and Change, and includes as an
essential component of such definition any action that is
intended to cause death or serious bodily harm to civilians
with the purpose of intimidating a population or compelling a
government or an international organization to do, or abstain
from doing, any act; and
(2) a comprehensive convention on terrorism that includes
the definition described in paragraph (1).

SEC. 1116. UNITED NATIONS TREATY BODIES.

The United States shall withhold from United States
contributions to the regular assessed budget of the United
Nations for a biennial period amounts that are proportional
to the percentage of such budget that are expended with
respect to a United Nations human rights treaty monitoring
body or committee that was established by--
(1) a convention (without any protocols) or an
international covenant (without any protocols) to which the
United States is not party; or
(2) a convention, with a subsequent protocol, if the United
States is a party to neither.

SEC. 1117. EQUALITY AT THE UNITED NATIONS.

(a) Inclusion of Israel in WEOG.--
(1) In general.--The President shall direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States to expand
the Western European and Others Group (WEOG) in the United
Nations to include Israel as a permanent member with full
rights and privileges.
(2) Notification to congress.--Not later than six months
after the date of the enactment of this Act and every six
months thereafter for the next six years, the Secretary of
State shall notify the appropriate congressional committees
concerning the treatment of Israel in the United Nations and
the expansion of WEOG to include Israel as a permanent
member.
(b) Department of State Review and Report.--
(1) In general.--To avoid duplicative efforts and funding
with respect to Palestinian interests and to ensure balance
in the approach to Israeli-Palestinian issues, the Secretary
shall, not later than 60 days after the date of the enactment
of this Act--
(A) conduct an audit of the functions of the entities
listed in paragraph (2); and
(B) submit to the appropriate congressional committees a
report containing recommendations for the elimination of such
duplicative entities and efforts.
(2) Entities.--The entities referred to in paragraph (1)
are the following:
(A) The United Nations Division for Palestinian Rights.
(B) The Committee on the Exercise of the Inalienable Rights
of the Palestinian People.
(C) The United Nations Special Coordinator for the Middle
East Peace Process and Personal Representative to the
Palestine Liberation Organization and the Palestinian
Authority.
(D) The NGO Network on the Question of Palestine.
(E) The Special Committee to Investigate Israeli Practices
Affecting the Human Rights of the Palestinian People and
Other Arabs of the Occupied Territories.
(F) Any other entity the Secretary determines results in
duplicative efforts or funding or fails to ensure balance in
the approach to Israeli-Palestinian issues.
(c) Implementation by Permanent Representative.--
(1) In general.--The President shall direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States at the
United Nations to seek the implementation of the
recommendations contained in the report required under
subsection (b)(1).
(2) Withholding of funds.--Until such recommendations have
been implemented, the United States shall withhold from
United States contributions to the regular assessed budget of
the United Nations for a biennial period amounts that are
proportional to the percentage of such budget that are
expended for such entities.
(d) GAO Audit.--The Comptroller General of the United
States of the Government Accountability Office shall conduct
an audit of--
(1) the status of the implementation of the recommendations
contained in the report required under subsection (b)(1); and
(2) United States actions and achievements under subsection
(c).

SEC. 1118. REPORT ON UNITED NATIONS REFORM.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and one year thereafter, the
Secretary shall submit to the appropriate congressional
committees a report on United Nations reform since 1990.
(b) Contents.--The report required under paragraph (1)
shall describe--
(1) the status of the implementation of management reforms
within the United Nations and its specialized agencies;
(2) the number of outputs, reports, or other items
generated by General Assembly resolutions that have been
eliminated;
(3) the progress of the General Assembly to modernize and
streamline the committee structure and its specific
recommendations on oversight and committee outputs,
consistent with the March 2005 report of the Secretary
General entitled ``In larger freedom: towards development,
security and human rights for all'';
(4) the status of the review by the General Assembly of all
mandates older than five years and how resources have been
redirected to new challenges, consistent with such March 2005
report of the Secretary General;
(5) the continued utility and relevance of the Economic and
Financial Committee and the Social, Humanitarian, and
Cultural Committee, in light of the duplicative agendas of
those committees and the Economic and Social Council; and
(6) whether the United Nations or any of its specialized
agencies has contracted with any party included on the Lists
of Parties Excluded from Federal Procurement and
Nonprocurement Programs.

SEC. 1119. REPORT ON UNITED NATIONS PERSONNEL.

(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report--
(1) concerning the progress of the General Assembly to
modernize human resource practices, consistent with the March
2005 report of the Secretary General entitled ``In larger
freedom: towards development, security and human rights for
all''; and
(2) containing the information described in subsection (b).
(b) Contents.--The report shall include--
(1) a comprehensive evaluation of human resources reforms
at the United Nations, including an evaluation of--
(A) tenure;
(B) performance reviews;
(C) the promotion system;
(D) a merit-based hiring system and enhanced regulations
concerning termination of employment of employees; and
(E) the implementation of a code of conduct and ethics
training;
(2) the implementation of a system of procedures for filing
complaints and protective measures for work-place harassment,
including sexual harassment;
(3) policy recommendations relating to the establishment of
a rotation requirement for nonadministrative positions;
(4) policy recommendations relating to the establishment of
a prohibition preventing personnel and officials assigned to
the mission of a Member State to the United Nations from
transferring to a position within the United Nations
Secretariat that is compensated at the P-5 level and above;
(5) policy recommendations relating to a reduction in
travel allowances and attendant oversight with respect to
accommodations and airline flights; and
(6) an evaluation of the recommendations of the Secretary
General relating to greater flexibility for the Secretary
General in staffing decisions to accommodate changing
priorities.

SEC. 1120. REPORT ON UNITED STATES CONTRIBUTIONS TO THE
UNITED NATIONS.

Not later than one year after the date of the enactment of
this Act, the Director of the Office of Management and Budget
shall submit to the Committee on International Relations of
the House of Representatives, the Committee on Foreign
Relations of the Senate, the Committee on Appropriations of
the House of Representatives, and the Committee on
Appropriations of the Senate a report on United States
contributions to the United Nations. Such report shall
examine assessed, voluntary, in-kind, and all other United
States contributions.

SEC. 1121. UNITED NATIONS SECURITY COUNCIL AND LEBANON.

(a) Resolution 1559.--The President shall direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States at the
United Nations to make every effort to ensure that the
Security Council is undertaking the necessary steps to secure
the implementation of Security Council Resolution 1559,
including--
(1) deploying United Nations inspectors to verify and
certify to the Security Council that--

[[Page H6063]]

(A) all foreign forces, including intelligence, security,
and policing forces, have been withdrawn from Lebanon; and
(B) all militias in Lebanon have been permanently disarmed
and dismantled and their weapons have been decommissioned;
and
(2) continuing the presence of United Nations elections
monitoring teams in Lebanon to verify and certify to the
Security Council that--
(A) citizens of Lebanon are not being targeted for
assassination by foreign forces, in particular by foreign
forces of Syria, or by their proxies, as a means of
intimidation and coercion in an effort to manipulate the
political process in Lebanon;
(B) elections in Lebanon are being conducted in a fair and
transparent manner and are free of foreign interference; and
(C) that such foreign forces, or their proxies, are not
seeking to infringe upon the territorial integrity or
political sovereignty of Lebanon.
(b) United States Action.--If the steps described in
paragraphs (1) and (2) of subsection (a) have not been
verified and certified to the Security Council by July 31,
2005, or by the date that is not later than 30 days after the
date of the enactment of this Act, whichever is sooner, the
President shall direct the United States Permanent
Representative to the United Nations to use the voice, vote,
and influence of the United States at the United Nations to
secure the adoption of a resolution in the Security Council
imposing punitive measures on the governments of countries
whose forces remain in Lebanon in violation of Security
Council Resolution 1559 and who directly, or through proxies,
are infringing upon the territorial integrity or political
sovereignty of Lebanon.

SEC. 1122. POLICY WITH RESPECT TO EXPANSION OF THE SECURITY
COUNCIL.

It shall be the policy of the United States to use the
voice, vote, and influence of the United States at the United
Nations to oppose any proposals on expansion of the Security
Council if such expansion would--
(1) diminish the influence of the United States on the
Security Council;
(2) include veto rights for any new members of the Security
Council; or
(3) undermine the effectiveness of the Security Council.

SEC. 1123. GENOCIDE AND THE UNITED NATIONS.

(a) United States Action.--The President shall direct the
United States Permanent Representative to the United Nations
to use the voice, vote, and influence of the United States at
the United Nations to make every effort to ensure the formal
adoption and implementation of mechanisms to--
(1) suspend the membership of a Member State if it is
determined that the government of such Member State is
engaged in or complicit in, either by commission or omission,
acts of genocide, ethnic cleansing, or crimes against
humanity;
(2) impose an arms and trade embargo and travel
restrictions on, and freeze the assets of, all groups and
individuals responsible for committing or allowing such acts
of genocide, ethnic cleansing, or crimes against humanity to
occur;
(3) deploy a United Nations peacekeeping operation or
authorize and support the deployment of a peacekeeping
operation from an international or regional organization to
the Member State with a mandate to stop such acts of
genocide, ethnic cleansing, or crimes against humanity;
(4) deploy monitors from the United Nations High
Commissioner for Refugees to the area in the Member State
where such acts of genocide, ethnic cleansing, or crimes
against humanity are occurring; and
(5) authorize the establishment of an international
commission of inquiry into such acts of genocide, ethnic
cleansing, or crimes against humanity.
(b) Certification.--In accordance with section 1171, a
certification shall be required that certifies that the
mechanisms described in subsection (a) have been adopted and
implemented.

SEC. 1124. ANTI-SEMITISM AND THE UNITED NATIONS.

(a) In General.--The President shall direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States at the
United Nations to make every effort to--
(1) ensure the issuance and implementation of a directive
by the Secretary General or the Secretariat, as appropriate,
that--
(A) requires all employees of the United Nations and its
specialized agencies to officially and publicly condemn anti-
Semitic statements made at any session of the United Nations
or its specialized agencies, or at any other session
sponsored by the United Nations;
(B) requires employees of the United Nations and its
specialized agencies to be subject to punitive action,
including immediate dismissal, for making anti-Semitic
statements or references;
(C) proposes specific recommendations to the General
Assembly for the establishment of mechanisms to hold
accountable employees and officials of the United Nations and
its specialized agencies, or Member States, that make such
anti-Semitic statements or references in any forum of the
United Nations or of its specialized agencies; and
(D) develops and implements education awareness programs
about the Holocaust and anti-Semitism throughout the world,
as part of an effort to combat intolerance and hatred;
(2) work to secure the adoption of a resolution by the
General Assembly that establishes the mechanisms described in
paragraph (1)(C); and
(3) continue working toward further reduction of anti-
Semitic language and anti-Israel resolutions in the United
Nations and its specialized agencies.
(b) Certification.--In accordance with section 1171, a
certification shall be required that certifies that the
requirements described in subsection (a) have been satisfied.

Subtitle B--Human Rights and the Economic and Social Council (ECOSOC)

SEC. 1131. HUMAN RIGHTS.

(a) Statement of Policy.--It shall be the policy of the
United States to use its voice, vote, and influence at the
United Nations to ensure that a credible and respectable
Human Rights Council or other human rights body is
established within the United Nations whose participating
Member States uphold the values embodied in the Universal
Declaration of Human Rights.
(b) Human Rights Reforms at the United Nations.--The
President shall direct the United States Permanent
Representative to the United Nations to ensure that the
following human rights reforms have been adopted by the
United Nations:
(1) A Member State that fails to uphold the values embodied
in the Universal Declaration of Human Rights shall be
ineligible for membership on any United Nations human rights
body.
(2) A Member State shall be ineligible for membership on
any United Nations human rights body if such Member State
is--
(A) subject to sanctions by the Security Council; or
(B) under a Security Council-mandated investigation for
human rights abuses.
(3) A Member State that is currently subject to an adopted
country specific resolution, in the principal body in the
United Nations for the promotion and protection of human
rights, relating to human rights abuses perpetrated by the
government of such country in such country, or has been the
subject of such an adopted country specific resolution in
such principal body within the previous three years, shall be
ineligible for membership on any United Nations human rights
body. For purposes of this subsection, an adopted country
specific resolution shall not include consensus resolutions
on advisory services.
(4) A Member State that violates the principles of a United
Nations human rights body to which it aspires to join shall
be ineligible for membership on such body.
(5) No human rights body has a standing agenda item that
relates only to one country or region.
(6) The practice of considering in the principal body in
the United Nations for the promotion and protection of human
rights country specific resolutions relating to human rights
abuses perpetrated by the government of a Member State within
such Member State shall not be eliminated.
(c) Certification.--In accordance with section 1171, a
certification shall be required that certifies that the human
rights reforms described under subsection (b) have been
adopted by the United Nations.
(d) Prevention of Abuse of ``No Action'' Motions.--The
United States Permanent Representative shall work to prevent
abuse of ``no action'' motions, particularly as such motions
relate to country specific resolutions.
(e) Office of the United Nations High Commissioner for
Human Rights.--
(1) Statement of policy.--It shall be the policy of the
United States to continue to strongly support the Office of
the United Nations High Commissioner for Human Rights.
(2) Certification.--In accordance with section 1171, a
certification shall be required that certifies that the
Office of the United Nations High Commissioner for Human
Rights has been given greater authority in field operation
activities, such as in the Darfur region of Sudan and in the
Democratic Republic of Congo, in furtherance of the purpose
and mission of the United Nations.
(f) Prohibition on Contact With Member States Subject to
Sanctions.--An employee from of any United Nations entity,
bureau, division, department, or specialized agency may not
have unauthorized contact, including business contact, with a
Member State that is subject to United Nations sanctions.

SEC. 1132. ECONOMIC AND SOCIAL COUNCIL (ECOSOC).

(a) Statement of Policy.--It shall be the policy of the
United States to use its voice, vote, and influence at the
United Nations to--
(1) abolish secret voting in the Economic and Social
Council (ECOSOC);
(2) ensure that, until such time as the Commission on Human
Rights of the United Nations is abolished, only countries
that are not ineligible for membership on a human rights body
in accordance with paragraphs (1) through (4) of section
1131(b) shall be considered for membership on the Commission
on Human Rights; and
(3) ensure that after candidate countries are nominated for
membership on the Commission on Human Rights, the Economic
and Social Council conducts a recorded vote to determine such
membership.
(b) Certification.--In accordance with section 1171, a
certification shall be required that certifies that the
policies described in subsection (a) have been implemented by
the Economic and Social Council.

[[Page H6064]]

SEC. 1133. UNITED NATIONS DEMOCRACY FUND.

(a) In General.--The President shall direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States at the
United Nations to make every effort to--
(1) establish a Democracy Fund at the United Nations to be
administered by Member States of the United Nations Democracy
Caucus;
(2) secure political and financial support for the
Democracy Fund from Member States of the United Nations
Democracy Caucus; and
(3) establish criteria that limits recipients of assistance
from the Democracy Fund to Member States that--
(A) are not ineligible for membership on any United Nations
human rights body, in accordance with paragraphs (1) through
(4) of section 1131(b); and
(B) are determined by the Secretary of State to be emerging
democracies or democracies in transition.
(b) Policy Relating to Funding for the Democracy Fund.--It
shall be the policy of the United States to shift
contributions of the United States to the regularly assessed
budget of the United Nations for a biennial period to
initiate and support the Democracy Fund referred to in
subsection (a).
(c) Certification.--In accordance with section 1171, a
certification shall be required that certifies that the
requirements described in subsection (a) have been satisfied.

Subtitle C--International Atomic Energy Agency

SEC. 1141. INTERNATIONAL ATOMIC ENERGY AGENCY.

(a) Enforcement and Compliance.--
(1) Office of compliance.--
(A) Establishment.--The President shall direct the United
States Permanent Representative to International Atomic
Energy Agency (IAEA) to use the voice, vote, and influence of
the United States at the IAEA to establish an Office of
Compliance in the Secretariat of the IAEA.
(B) Operation.--The Office of Compliance shall--
(i) function as an independent body composed of technical
experts who shall work in consultation with IAEA inspectors
to assess compliance by IAEA Member States and provide
recommendations to the IAEA Board of Governors concerning
penalties to be imposed on IAEA Member States that fail to
fulfill their obligations under IAEA Board resolutions;
(ii) base its assessments and recommendations on IAEA
inspection reports; and
(iii) shall take into consideration information provided by
IAEA Board Members that are one of the five nuclear weapons
states as recognized by the Treaty on the Non-Proliferation
of Nuclear Weapons (21 UST 483) (commonly referred to as the
``Nuclear Nonproliferation Treaty'' or the ``NPT'').
(C) Staffing.--The Office of Compliance shall be staffed
from existing personnel in the Department of Safeguards of
the IAEA or the Department of Nuclear Safety and Security of
the IAEA.
(2) Special committee on safeguards and verification.--
(A) Establishment.--The President shall direct the United
States Permanent Representative to the IAEA to use the voice,
vote, and influence of the United States at the IAEA to
establish a Special Committee on Safeguards and Verification.
(B) Responsibilities.--The Special Committee shall--
(i) improve the ability of the IAEA to monitor and enforce
compliance by Member States of the IAEA with the Nuclear
Nonproliferation Treaty and the Statute of the International
Atomic Energy Agency; and
(ii) consider which additional measures are necessary to
enhance the ability of the IAEA, beyond the verification
mechanisms and authorities contained in the Additional
Protocol to the Safeguards Agreements between the IAEA and
Member States of the IAEA, to detect with a high degree of
confidence undeclared nuclear activities by a Member State.
(3) Penalties with respect to the iaea.--
(A) In general.--The President shall direct the United
States Permanent Representative to the IAEA to use the voice,
vote, and influence of the United States at the IAEA to
ensure that a Member State of the IAEA that is under
investigation for a breach of or noncompliance with its IAEA
obligations or the purposes and principles of the Charter of
the United Nations has its privileges suspended, including--
(i) limiting its ability to vote on its case;
(ii) being prevented from receiving any technical
assistance; and
(iii) being prevented from hosting meetings.
(B) Termination of penalties.--The penalties specified
under subparagraph (A) shall be terminated when such
investigation is concluded and such Member State is no longer
in such breach or noncompliance.
(4) Penalties with respect to the nuclear nonproliferation
treaty.--The President shall direct the United States
Permanent Representative to the IAEA to use the voice, vote,
and influence of the United States at the IAEA to ensure that
a Member State of the IAEA that is found to be in breach of,
in noncompliance with, or has withdrawn from the Nuclear
Nonproliferation Treaty shall return to the IAEA all nuclear
materials and technology received from the IAEA, any Member
State of the IAEA, or any Member State of the Nuclear
Nonproliferation Treaty.
(b) United States Contributions.--
(1) Voluntary contributions.--Voluntary contributions of
the United States to the IAEA should primarily be used to
fund activities relating to Nuclear Safety and Security or
activities relating to Nuclear Verification.
(2) Limitation on use of funds.--The President shall direct
the United States Permanent Representative to the IAEA to use
the voice, vote, and influence of the United States at the
IAEA to--
(A) ensure that funds for safeguards inspections are
prioritized for countries that have newly established nuclear
programs or are initiating nuclear programs; and
(B) block the allocation of funds for any other IAEA
development, environmental, or nuclear science assistance or
activity to a country--
(i) the government of which the Secretary of State has
determined, for purposes of section 6(j) of the Export
Administration Act of 1979, section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control
Act, or other provision of law, is a government that has
repeatedly provided support for acts of international
terrorism and the government of which the Secretary has
determined has not dismantled and surrendered its weapons of
mass destruction programs under international verification;
(ii) that is under investigation for a breach of or
noncompliance with its IAEA obligations or the purposes and
principles of the Charter of the United Nations; or
(iii) that is in violation of its IAEA obligations or the
purposes and principles of the Charter of the United Nations.
(3) Detail of expenditures.--The President shall direct the
United States Permanent Representative to the IAEA to use the
voice, vote, and influence of the United States at the IAEA
to secure, as part of the regular budget presentation of the
IAEA to Member States of the IAEA, a detailed breakdown by
country of expenditures of the IAEA for safeguards
inspections and nuclear security activities.
(c) Membership.--
(1) In general.--The President shall direct the United
States Permanent Representative to the IAEA to use the voice,
vote, and influence of the United States at the IAEA to block
the membership on the Board of Governors of the IAEA for a
Member State of the IAEA that has not signed and ratified the
Additional Protocol and--
(A) is under investigation for a breach of or noncompliance
with its IAEA obligations or the purposes and principles of
the Charter of the United Nations; or
(B) that is in violation of its IAEA obligations or the
purposes and principles of the Charter of the United Nations.
(2) Criteria.--The United States Permanent Representative
to the IAEA shall make every effort to modify the criteria
for Board membership to reflect the principles described in
paragraph (1).
(d) Small Quantities Protocol.--The President shall direct
the United States Permanent Representative to the IAEA to use
the voice, vote, and influence of the United States at the
IAEA to make every effort to ensure that the IAEA changes the
policy regarding the Small Quantities Protocol in order to--
(1) rescind and eliminate the Small Quantities Protocol;
(2) require that any IAEA Member State that has previously
signed a Small Quantities Protocol to sign, ratify, and
implement the Additional Protocol, provide immediate access
for IAEA inspectors to its nuclear-related facilities, and
agree to the strongest inspections regime of its nuclear
efforts; and
(3) require that any IAEA Member State that does not comply
with paragraph (2) to be ineligible to receive nuclear
material, technology, equipment, or assistance from any IAEA
Member State and subject to the penalties described in
subsection (a)(3).
(e) Nuclear Program of Iran.--
(1) United states action.--The President shall direct the
United States Permanent Representative to the IAEA to use the
voice, vote, and influence of the United States at the IAEA
to make every effort to ensure the adoption of a resolution
by the IAEA Board of Governors that makes Iran ineligible to
receive any nuclear material, technology, equipment, or
assistance from any IAEA Member State and ineligible for any
IAEA assistance not related to safeguards inspections or
nuclear security until the IAEA Board of Governors determines
that Iran--
(A) is providing full access to IAEA inspectors to its
nuclear-related facilities;
(B) has fully implemented and is in compliance with the
Additional Protocol; and
(C) has permanently ceased and dismantled all activities
and programs related to nuclear-enrichment and reprocessing.
(2) Penalties.--If an IAEA Member State is determined to
have violated the prohibition on assistance to Iran described
in paragraph (1) before the IAEA Board of Governors
determines that Iran has satisfied the conditions described
in subparagraphs (A) through (C) of such paragraph, such
Member State shall be subject to the penalties described in
subsection (a)(3), shall be ineligible to receive nuclear
material, technology, equipment, or assistance from any IAEA
Member State, and shall be ineligible to receive any IAEA
assistance not related to safeguards inspections or nuclear
security until such time as the IAEA Board of Governors makes
such determination with respect to Iran.

[[Page H6065]]

(f) Report.--Not later than six months after the date of
the enactment of this Act and annually for two years
thereafter, the President shall submit to the appropriate
congressional committees a report on the implementation of
this section.

SEC. 1142. SENSE OF CONGRESS REGARDING THE NUCLEAR SECURITY
ACTION PLAN OF THE IAEA.

It is the sense of Congress that the national security
interests of the United States are enhanced by the Nuclear
Security Action Plan of the IAEA and the Board of Governors
should recommend, and the General Conference should adopt, a
resolution incorporating the Nuclear Security Action Plan
into the regular budget of the IAEA.

Subtitle D--Peacekeeping

SEC. 1151. SENSE OF CONGRESS REGARDING REFORM OF UNITED
NATIONS PEACEKEEPING OPERATIONS.

It is the sense of Congress that--
(1) although United Nations peacekeeping operations have
contributed greatly toward the promotion of peace and
stability for the past 57 years and the majority of
peacekeeping personnel who have served under the United
Nations flag have done so with honor and courage, the record
of United Nations peacekeeping has been severely tarnished by
operational failures and unconscionable acts of misconduct;
and
(2) if the reputation of and confidence in United Nations
peacekeeping operations is to be restored, fundamental and
far-reaching reforms, particularly in the areas of planning,
management, training, conduct, and discipline, must be
implemented without delay.

SEC. 1152. STATEMENT OF POLICY RELATING TO REFORM OF UNITED
NATIONS PEACEKEEPING OPERATIONS.

It shall be the policy of the United States to pursue
reform of United Nations peacekeeping operations in the
following areas:
(1) Planning and management.--
(A) Global audit.--As the size, cost, and number of United
Nations peacekeeping operations have increased substantially
over the past decade, an independent audit of each such
operation, with a view toward ``right-sizing'' operations and
ensuring that such operations are cost effective, should be
conducted and its findings reported to the Security Council.
(B) Review of mandates and closing operations.--In
conjunction with the audit described in subparagraph (A), the
United Nations Department of Peacekeeping Operations should
conduct a comprehensive review of all United Nations
peacekeeping operation mandates, with a view toward
identifying objectives that are practical and achievable, and
report its findings to the Security Council. In particular,
the review should consider the following:
(i) Activities that fall beyond the scope of traditional
peacekeeping activities should be delegated to a new
Peacebuilding Commission, described in paragraph (3).
(ii) Long-standing operations that are static and cannot
fulfill their mandate should be downsized or closed.
(iii) Where there is legitimate concern that the withdrawal
from a country of an otherwise static United Nations
peacekeeping operation would result in the resumption of
major conflict, a burden-sharing arrangement that reduces the
level of assessed contributions, similar to that currently
supporting the United Nations Peacekeeping Force in Cyprus,
should be explored and instituted.
(C) Leadership.--As peacekeeping operations become larger
and increasingly complex, the Secretariat should adopt a
minimum standard of qualifications for senior leaders and
managers, with particular emphasis on specific skills and
experience, and current senior leaders and managers who do
not meet those standards should be removed or reassigned.
(D) Pre-deployment training.--Pre-deployment training on
interpretation of the mandate of the operation, specifically
in the areas of use of force, civilian protection and field
conditions, the Code of Conduct, HIV/AIDS, and human rights
should be mandatory, and all personnel, regardless of
category or rank, should be required to sign an oath that
each has received and understands such training as a
condition of participation in the operation.
(E) Gratis military personnel.--The General Assembly should
lift restrictions on the utilization at the headquarters in
New York, the United States, of the Department of
Peacekeeping Operations of gratis military personnel by the
Department so that the Department may accept secondments from
Member States of military personnel with expertise in mission
planning, logistics, and other operational specialties.
(2) Conduct and discipline.--
(A) Adoption of a uniform code of conduct.--A single,
uniform Code of Conduct that has the status of a binding rule
and applies equally to all personnel serving in United
Nations peacekeeping operations, regardless of category or
rank, should be promulgated, adopted, and enforced.
(B) Understanding the code of conduct.--All personnel,
regardless of category or rank, should receive training on
the Code of Conduct prior to deployment with a peacekeeping
operation, in addition to periodic follow-on training. In
particular--
(i) all personnel, regardless of category or rank, should
be provided with a personal copy of the Code of Conduct that
has been translated into the national language of such
personnel, regardless of whether such language is an official
language of the United Nations;
(ii) all personnel, regardless of category or rank, should
sign an oath that each has received a copy of the Code of
Conduct, that each pledges to abide by the Code of Conduct,
and that each understands the consequences of violating the
Code of Conduct, including immediate termination of the
participation of such personnel in the peacekeeping operation
to which such personnel is assigned as a condition of
appointment to such operation; and
(iii) peacekeeping operations should conduct educational
outreach programs to reach local communities where
peacekeeping personnel of such operations are based,
including explaining prohibited acts on the part of United
Nations peacekeeping personnel and identifying the individual
to whom the local population may direct complaints or file
allegations of exploitation, abuse, or other acts of
misconduct.
(C) Monitoring mechanisms.--Dedicated monitoring
mechanisms, such as the Personnel Conduct Units already
deployed to support United Nations peacekeeping operations in
Haiti, Liberia, Burundi, and the Democratic Republic of
Congo, should be present in each operation to monitor
compliance with the Code of Conduct, and--
(i) should report simultaneously to the Head of Mission,
the United Nations Department of Peacekeeping Operations, and
the Associate Director of OIOS for Peacekeeping Operations
(established under section 1114(b)(9)); and
(ii) should be tasked with designing and implementing
mission-specific measures to prevent misconduct, conduct
follow-on training for personnel, coordinate community
outreach programs, and assist in investigations, as OIOS
determines necessary and appropriate.
(D) Investigations.--A permanent, professional, and
independent investigative body should be established and
introduced into United Nations peacekeeping operations. In
particular--
(i) the investigative body should include professionals
with experience in investigating sex crimes, as well as
experts who can provide guidance on standards of proof and
evidentiary requirements necessary for any subsequent legal
action;
(ii) provisions should be included in a Model Memorandum of
Understanding that obligate Member States that contribute
troops to a peacekeeping operation to designate a military
prosecutor who will participate in any investigation into an
allegation of misconduct brought against an individual of
such Member State, so that evidence is collected and
preserved in a manner consistent with the military law of
such Member State;
(iii) the investigative body should be regionally based to
ensure rapid deployment and should be equipped with modern
forensics equipment for the purpose of positively identifying
perpetrators and, where necessary, for determining paternity;
and
(iv) the investigative body should report directly to the
Associate Director of OIOS for Peacekeeping Operations, while
providing copies of any reports to the Department of
Peacekeeping Operations, the Head of Mission, and the Member
State concerned.
(E) Follow-up.--A dedicated unit, similar to the Personnel
Conduct Units, staffed and funded through existing resources,
should be established within the headquarters of the United
Nations Department of Peacekeeping Operations and tasked
with--
(i) promulgating measures to prevent misconduct;
(ii) coordinating allegations of misconduct, and reports
received by field personnel; and
(iii) gathering follow-up information on completed
investigations, particularly by focusing on disciplinary
actions against the individual concerned taken by the United
Nations or by the Member State that is contributing troops to
which such individual belongs, and sharing such information
with the Security Council, the Head of Mission, and the
community hosting the peacekeeping operation.
(F) Financial liability and victims assistance.--Although
peacekeeping operations should provide immediate medical
assistance to victims of sexual abuse or exploitation, the
responsibility for providing longer-term treatment, care, or
restitution lies solely with the individual found guilty of
the misconduct. In particular, the following reforms should
be implemented:
(i) The United Nations should not assume responsibility for
providing long-term treatment or compensation by creating a
``Victims Trust Fund'', or any other such similar fund,
financed through assessed contributions to United Nations
peacekeeping operations, thereby shielding individuals from
personal liability and reinforcing an atmosphere of impunity.
(ii) If an individual responsible for misconduct has been
repatriated, reassigned, redeployed, or is otherwise unable
to provide assistance, responsibility for providing
assistance to a victim should be assigned to the Member State
that contributed the troops to which such individual belonged
or to the manager concerned.
(iii) In the case of misconduct by a member of a military
contingent, appropriate funds shall be withheld from the
troop contributing country concerned.

[[Page H6066]]

(iv) In the case of misconduct by a civilian employee or
contractor of the United Nations, appropriate wages shall be
garnished from such individual or fines shall be imposed
against such individual, consistent with existing United
Nations Staff Rules.
(G) Managers and commanders.--The manner in which managers
and commanders handle cases of misconduct by those serving
under them should be included in their individual performance
evaluations, so that managers and commanders who take
decisive action to deter and address misconduct are rewarded,
while those who create a permissive environment or impede
investigations are penalized or relieved of duty, as
appropriate.
(H) Data base.--A centralized data base should be created
and maintained within the United Nations Department of
Peacekeeping Operations to track cases of misconduct,
including the outcome of investigations and subsequent
prosecutions, to ensure that personnel who have engaged in
misconduct or other criminal activities, regardless of
category or rank, are permanently barred from participation
in future peacekeeping operations.
(I) Welfare.--Peacekeeping operations should assume
responsibility for maintaining a minimum standard of welfare
for mission personnel to ameliorate conditions of service,
while adjustments are made to the discretionary welfare
payments currently provided to Member States that contribute
troops to offset the cost of operation-provided recreational
facilities.
(3) Peacebuilding commission.--
(A) Establishment.--Consistent with the recommendations of
the High Level Panel Report, the United Nations should
establish a Peacebuilding Commission, supported by a
Peacebuilding Support Office, to marshal the efforts of the
United Nations, international financial institutions, donors,
and non-governmental organizations to assist countries in
transition from war to peace.
(B) Structure and membership.--The Commission should--
(i) be a subsidiary body of the United Nations Security
Council, limited in size to ensure efficiency;
(ii) include members of the United Nations Security
Council, major donors, major troop contributing countries,
appropriate United Nations organizations, the World Bank, and
the International Monetary Fund; and
(iii) invite the President of ECOSOC, regional actors,
Member States that contribute troops, regional development
banks, and other concerned parties that are not already
members, as determined appropriate, to consult or participate
in meetings as observers.
(C) Responsibilities.--The Commission should seek to ease
the demands currently placed upon the Department of
Peacekeeping Operations to undertake tasks that fall beyond
the scope of traditional peacekeeping, by--
(i) developing and integrating country-specific and system-
wide conflict prevention, post-conflict reconstruction, and
long-term development policies and strategies; and
(ii) serving as the key coordinating body for the design
and implementation of military, humanitarian, and civil
administration aspects of complex missions.
(D) Resources.--The establishment of the Peacebuilding
Commission and the related Peacebuilding Support Office,
should be staffed within existing resources.

SEC. 1153. CERTIFICATION.

(a) New or Expanded Peacekeeping Operations Contingent Upon
Presidential Certification of Peacekeeping Operations
Reforms.--
(1) No new or expanded peacekeeping operations.--
(A) Certification.--Except as provided in subparagraph (B),
until the Secretary of State certifies that the requirements
described in paragraph (2) have been satisfied, the President
shall direct the United States Permanent Representative to
the United Nations to use the voice, vote, and influence of
the United States at the United Nations to oppose the
creation of new, or expansion of existing, United Nations
peacekeeping operations.
(B) Exception and notification.--The requirements described
under subparagraphs (F) and (G) of paragraph (2) may be
waived until January 1, 2007, if the President determines
that such is in the national interest of the United States.
If the President makes such a determination, the President
shall, not later than 15 days before the exercise of such
waiver, notify the appropriate congressional committees of
such determination and resulting waiver.
(2) Certification of peacekeeping operations reforms.--The
certification referred to in paragraph (1) is a certification
made by the Secretary to the appropriate congressional
committees that the following reforms, or an equivalent set
of reforms, related to peacekeeping operations have been
adopted by the United Nations Department of Peacekeeping
Operations or the General Assembly, as appropriate:
(A) A single, uniform Code of Conduct that has the status
of a binding rule and applies equally to all personnel
serving in United Nations peacekeeping operations, regardless
of category or rank, has been adopted by the General Assembly
and mechanisms have been established for training such
personnel concerning the requirements of the Code and
enforcement of the Code.
(B) All personnel, regardless of category or rank, serving
in a peacekeeping operation have been trained concerning the
requirements of the Code of Conduct and each has been given a
personal copy of the Code, translated into the national
language of such personnel.
(C) All personnel, regardless of category or rank, are
required to sign an oath that each has received a copy of the
Code of Conduct, that each pledges to abide by the Code, and
that each understands the consequences of violating the Code,
including the immediate termination of the participation of
such personnel in the peacekeeping operation to which such
personnel is assigned as a condition of the appointment to
such operation.
(D) All peacekeeping operations have designed and
implemented educational outreach programs to reach local
communities where peacekeeping personnel of such operations
are based to explain prohibited acts on the part of United
Nations peacekeeping personnel and to identify the individual
to whom the local population may direct complaints or file
allegations of exploitation, abuse, or other acts of
misconduct.
(E) A centralized data base has been created and is being
maintained in the United Nations Department of Peacekeeping
Operations that tracks cases of misconduct, including the
outcomes of investigations and subsequent prosecutions, to
ensure that personnel, regardless of category or rank, who
have engaged in misconduct or other criminal activities are
permanently barred from participation in future peacekeeping
operations.
(F) A Model Memorandum of Understanding between the United
Nations and each Member State that contributes troops to a
peacekeeping operation has been adopted by the United Nations
Department of Peacekeeping Operations that specifically
obligates each such Member State to--
(i) designate a competent legal authority, preferably a
prosecutor with expertise in the area of sexual exploitation
and abuse, to participate in any investigation into an
allegation of misconduct brought against an individual of
such Member State;
(ii) refer to its competent national or military authority
for possible prosecution, if warranted, any investigation of
a violation of the Code of Conduct or other criminal activity
by an individual of such Member State;
(iii) report to the Department of Peacekeeping Operations
on the outcome of any such investigation;
(iv) undertake to conduct on-site court martial proceedings
relating to allegations of misconduct alleged against an
individual of such Member State; and
(v) assume responsibility for the provision of appropriate
assistance to a victim of misconduct committed by an
individual of such Member State.
(G) A professional and independent investigative and audit
function has been established within the United Nations
Department of Peacekeeping Operations and the OIOS to monitor
United Nations peacekeeping operations.

SEC. 1154. RULE OF CONSTRUCTION RELATING TO PROTECTION OF
UNITED STATES OFFICIALS AND MEMBERS OF THE
ARMED FORCES.

Nothing in this subtitle shall be construed as superseding
the Uniform Code of Military Justice or operating to effect
the surrender of United States officials or members of the
Armed Forces to a foreign country or international tribunal,
including the International Criminal Court, for prosecutions
arising from peacekeeping operations or other similar United
Nations-related activity, and nothing in this subtitle shall
be interpreted in a manner inconsistent with the American
Servicemembers' Protection Act of 2002 (title II of the 2002
Supplemental Appropriations Act for Further Recovery From and
Response To Terrorist Attacks on the United States; Public
Law 107-206).

TITLE V--DEPARTMENT OF STATE AND GOVERNMENT ACCOUNTABILITY OFFICE

SEC. 1161. POSITIONS FOR UNITED STATES CITIZENS AT
INTERNATIONAL ORGANIZATIONS.

The Secretary of State shall make every effort to recruit
United States citizens for positions within international
organizations.

SEC. 1162. BUDGET JUSTIFICATION FOR REGULAR ASSESSED BUDGET
OF THE UNITED NATIONS.

(a) Detailed Itemization.--The annual congressional budget
justification shall include a detailed itemized request in
support of the assessed contribution of the United States to
the regular assessed budget of the United Nations.
(b) Contents of Detailed Itemization.--The detailed
itemization required under subsection (a) shall--
(1) contain information relating to the amounts requested
in support of each of the various sections and titles of the
regular assessed budget of the United Nations; and
(2) compare the amounts requested for the current year with
the actual or estimated amounts contributed by the United
States in previous fiscal years for the same sections and
titles.
(c) Adjustments and Notification.--If the United Nations
proposes an adjustment to its regular assessed budget, the
Secretary of State shall, at the time such adjustment is
presented to the Advisory Committee on Administrative and
Budgetary Questions (ACABQ), notify and consult with the
appropriate congressional committees.

SEC. 1163. REVIEW AND REPORT.

Not later than six months after the date of the enactment
of this Act, the Secretary of

[[Page H6067]]

State shall conduct a review of programs of the United
Nations that are funded through assessed contributions and
submit to the appropriate congressional committees a report
containing--
(1) the findings of such review; and
(2) recommendations relating to--
(A) the continuation of such programs; and
(B) which of such programs should be voluntarily funded,
other than those specified in subparagraphs (A) through (R)
of subsection (c)(2) of section 11 of the United Nations
Participation Act of 1945, as amended by section 1111(c) of
this title.

SEC. 1164. GOVERNMENT ACCOUNTABILITY OFFICE.

(a) Report on United Nations Reforms.--Not later than 12
months after the date of the enactment of this Act and again
12 months thereafter, the Comptroller General of the United
States of the Government Accountability Office shall submit
to the appropriate congressional committees a report on the
status of the 1997, 2002, and 2005 management reforms
initiated by the Secretary General and on the reforms
mandated by this title.
(b) Report on Department of State Certifications.--Not
later than six months after each certification submitted by
the Secretary of State to the appropriate congressional
committees under this title and subsection (d)(3) of section
11 of the United Nations Participation Act of 1945 (as
amended by section 1111(c) of this title), the Comptroller
General shall submit to the appropriate congressional
committees a report on each such certification. The Secretary
shall provide the Comptroller General with any information
required by the Comptroller General to submit any such
report.
(c) United Nations Construction and Contracting.--Not later
than six months after the date of the enactment of this Act,
the Comptroller General shall submit to the Committee on
International Relations of the House of Representatives, the
Committee on Foreign Relations of the Senate, the Committee
on Appropriations of the House of Representatives, and the
Committee on Appropriations of the Senate a report describing
the costs associated with the contracting for and
construction of the Geneva, Switzerland, buildings of the
World Meteorological Organization (WMO) and the World
Intellectual Property Organization (WIPO). The report shall
include analyses of the procurement procedures for each such
building and shall specifically address issues of any corrupt
contracting practices that are discovered, such as rigged
bids and kickbacks, as well as other improprieties. The
report shall also include an identification of other credible
allegations of corrupt contracting at United Nations
construction projects that involve major construction on a
scale comparable to the WMO and WIPO construction projects,
and a description of the results of an investigation into
each such credible allegation.

Subtitle F--Certifications and Withholding of Contributions

SEC. 1171. CERTIFICATIONS AND WITHHOLDING OF CONTRIBUTIONS.

(a) Certifications.--
(1) In general.--Except as provided in paragraph (3), the
certifications required under subsection (d)(3) of section 11
of the United Nations Participation Act of 1945 (as amended
by section 1111(c) of this title) and section 1113, sections
1114(a) through 1114(e), section 1114(g), section 1123,
section 1124, sections 1131(c) and 1131(e), section 1132, and
section 1133 of this title are certifications submitted to
the appropriate congressional committees by the Secretary of
State that the requirements of each such section have been
satisfied with respect to reform of the United Nations.
(2) Alternate certification mechanism.--
(A) In general.--Except as provided in paragraph (3), in
the event that the Secretary is unable to submit a
certification in accordance with paragraph (1), the Secretary
may submit to the appropriate congressional committees, in
accordance with subparagraph (B), an alternate certification
that certifies that the requirements of the section to which
the original certification applies have been implemented
through reforms that are substantially similar to the
requirements of such section or accomplish the same purposes
as the requirements of such section.
(B) Equivalency.--Reforms are substantially similar or
accomplish the same purposes if--
(i) such reforms are formally adopted in written form by
the entity or committee of the United Nations or of its
specialized agency that has authority to enact or implement
such reforms or are issued by the Secretariat or the
appropriate entity or committee in written form; and
(ii) such reforms are not identical to the reforms required
by a particular certification but in the determination of the
Secretary will have the same, or nearly the same effect, as
such reforms.
(C) Written justification and consultation.--
(i) Written justification.--Not later than 30 days before
submitting an alternate certification in accordance with
subparagraph (A), the Secretary shall submit to the
appropriate congressional committees a written justification
explaining in detail the basis for such alternate
certification.
(ii) Consultation.--After the Secretary has submitted the
written justification under clause (i), but no later than 15
days before the Secretary exercises the alternate
certification mechanism described under subparagraph (A), the
Secretary shall consult with the appropriate congressional
committees regarding such exercise.
(3) Limited exception for substantial compliance.--
(A) Substantial compliance.--Subject to subparagraph (B),
if at least 32 of the 46 reforms represented by the 14
certifications specified under paragraph (1) have been
implemented, all such reforms (including the unimplemented
reforms) so represented shall be deemed to have been
implemented for the year in which the Secretary submits such
certifications.
(B) Mandatory implementation of certain reforms.--
(i) In general.--The provisions of subparagraph (A) shall
not apply unless the reforms under the following sections
have been implemented for the year to which subparagraph (A)
applies:

(I) Subsection (d)(3) of section 11 of the United Nations
Participation Act of 1945 (as amended by section 1111(c) of
this title).
(II) Section 1113(b)(1)(A).
(III) Section 1113(b)(2)(D).
(IV) Section 1114(a)(1).
(V) Section 1114(a)(6).
(VI) Section 1114(b)(1).
(VII) Section 1114(b)(2).
(VIII) Section 1114(c)(1).
(IX) Section 1131(b)(1).
(X) Section 1131(b)(2).
(XI) Section 1131(b)(3).
(XII) Section 1131(b)(5).
(XIII) Section 1131(b)(6).
(XIV) Section 1132(a)(1).
(XV) Section 1132(a)(2).

(ii) Full compliance in succeeding year.--If the
unimplemented reforms under subparagraph (A) are not
implemented in the year succeeding the year to which
subparagraph (A) applies, the provisions of subsection (b)
shall apply for such succeeding year.
(b) Withholding of United States Contributions to Regular
Assessed Budget of the United Nations.--
(1) In general.--Except as provided in paragraph (4) and in
accordance with paragraph (2), until such time as all
certifications (or alternate certifications) are submitted in
accordance with subsection (a), the United States shall
appropriate, but withhold from expenditure, 50 percent of the
contributions of the United States to the regular assessed
budget of the United Nations for a biennial period.
(2) Available until expended.--The contributions
appropriated but withheld from expenditure under paragraph
(1) are authorized to remain available until expended.
(3) Application with respect to section 11(b) of the united
nation participation act of 1945.--Until such time as all
certifications (or alternate certifications) are submitted in
accordance with subsection (a), subsection (b) of section 11
of the United Nations Participation Act of 1945 (as amended
by section 1111(c) of this title) shall be administered as
though such section reads as follows: ``The Secretary may not
make a contribution to a regularly assessed biennial budget
of the United Nations in an amount greater than 11 percent of
the amount calculable under subsection (c).''.
(4) Section 11(d)(3) of united nations participation act of
1945.--
(A) Special rule.--A certification under subsection (d)(3)
of section 11 of the United Nations Participation Act of 1945
(as amended by section 1111(c) of this title) (relating to
the 2008-2009 biennial period and subsequent biennial
periods) shall not be required until such time as the United
Nations makes its formal budget presentation for the 2008-
2009 biennial period.
(B) Application.--If the Secretary does not submit a
certification under such section, the 50 percent withholding
described under paragraph (1) shall apply.
(c) Release of Funds.--At such time as all certifications
(or alternate certifications) are submitted in accordance
with subsection (a), the United States shall transfer to the
United Nations amounts appropriated but withheld from
expenditure under subsection (b).
(d) Annual Reviews.--
(1) In general.--The Secretary shall conduct annual
reviews, beginning one year after the date on which the
Secretary submits the final certification (or alternate
certification) in accordance with subsection (a), to
determine if the United Nations continues to remain in
compliance with all such certifications (or alternate
certifications). Not later than 30 days after the completion
of each such review, the Secretary shall submit to the
appropriate congressional committees a report containing the
findings of each such review.
(2) Action.--If during the course of any such review the
Secretary determines that the United Nations has failed to
remain in compliance with a certification (or an alternate
certification) that was submitted in accordance with
subsection (a), the 50 percent withholding described under
subsection (b) shall re-apply with respect to United States
contributions each fiscal year to the regular assessed budget
of the United Nations beginning with the fiscal year
immediately following such review and subsequent fiscal years
until such time as all certifications (or alternate
certifications) under subsection (a) have been submitted.
(e) Effective Date.--The certifications (or alternate
certifications) specified under subsection (a) shall be
required with respect to

[[Page H6068]]

United States contributions towards payment of regular
assessed dues of the United Nations for 2007 and subsequent
years.

Amendment No. 16 Offered by Mr. Lantos

Mr. LANTOS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 16 offered by Mr. Lantos:
Page 53, after line 20, insert the following new section:

SEC. 319. TREATMENT OF TERRITORIES AND POSSESSIONS AS PART OF
THE GEOGRAPHIC UNITED STATES FOR PURPOSES OF
TRANSFER ALLOWANCES.

Notwithstanding any other provision of law, for purposes of
transfer allowances for employees of the Department of State
under section 5924(2)(B) of title 5, United States Code, the
territories and possessions of the United States, the
Commonwealth of Puerto Rico, and the Commonwealth of the
Northern Mariana Islands, shall be considered part of the
geographic United States.

Amendment No. 17 Offered by Mr. Burton of Indiana

Mr. BURTON of Indiana. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 17 offered by Mr. Burton of Indiana:
At the end of title X (relating to reporting requirements),
add the following new section:

SEC. 1027. ALIEN SMUGGLING AND TRAFFICKING IN PERSONS FROM
ECUADOR.

(a) In General.--Not later than six months after the date
of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report,
based on a cost-benefit analysis, that examines and describes
the most effective use, across all responsible Federal
departments and agencies, of United States security
assistance (including assistance under chapter 8 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.;
relating to international narcotics control)) to Ecuador,
including the use of intelligence gathering and surveillance,
to establish mechanisms to--
(1) prevent and interdict alien smuggling, including
trafficking in persons, from Ecuador, either at land points
of assembly, or later at sea;
(2) prevent potential concealment of terrorists attempting
to enter the United States within the smuggled group; and
(3) identify and prosecute individuals or organizations
that engage in or promote such alien smuggling.
(b) Cooperation in Preparation.--The Secretary shall
prepare the report referred to in subsection (a) in
cooperation with the Secretary of Homeland Security, who
shall specifically address the roles and impacts of alien
smuggling from Ecuador on United States air and surface
assets assigned to counternarcotics missions in the eastern
Pacific Ocean.

The CHAIRMAN. Pursuant to House Resolution 365, the gentleman from
Indiana (Mr. Burton) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Indiana (Mr. Burton).
Mr. BURTON of Indiana. Mr. Chairman, I yield myself such time as I
may consume.
A number of the staff members of the Committee on International
Relations recently got back from Ecuador where they talked with
government officials and our government officials down there, and they
found that there is a terrible problem with smuggling of people,
illegal aliens, illegal immigrants into the United States from Ecuador.
You can actually go to the seashore of Ecuador and see them making the
boats within which they are going to put these people, women and
children, send them out to sea, send them up the coast to Mexico, and
then they are smuggled across the Mexican-American border into the
United States of America.
The problem is obvious. First of all, it is going to cause a lot of
problems to the taxpayers of the United States paying for the benefits
for these people when they come into the United States; and even more
importantly, it is a national security risk.
Right now, terrorists can get in those boats, come up the coast, come
through Mexico into the United States, and become a threat to the
security of this country. So it is extremely important we do something
about it.
Right now, the Coast Guard of the United States, which is supposed to
be using its resources down there to interdict drug trafficking that
goes through the high seas into the United States, is spending a great
deal of its time intercepting these boats with women and children in
them that have been abandoned on the high seas, many of them, that are
coming north to the United States of America.
This amendment simply says that the State Department should conduct a
study to find out whether or not the resources that we are spending
down there are being used wisely. There needs to be a cost-benefit
analysis done, and the State Department is the agency that can do that.
So I would just like to say, Mr. Chairman, this is an amendment that
I think is very important in dealing with the drug trafficking problem
coming out of South America and also in dealing with the illegal
immigration that is emanating from Ecuador and other countries down in
that area.
It also will help the Coast Guard, because the Coast Guard will not
have to do as much of the interdicting of illegal aliens on the high
seas as it has in the past, and it can devote its time and resources to
the purpose that it is supposed to, and that is interdicting drugs on
the high seas. I hope my colleagues will support this amendment.
Mr. Chairman, I reserve the balance of my time.

{time} 1630

Mr. LANTOS. Mr. Chairman, I am not opposed to the amendment. I ask
unanimous consent to claim the time in opposition.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
Mr. LANTOS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I want to congratulate the gentleman from Indiana (Mr.
Burton) for addressing a very important issue of alien smuggling from
the Andean region. The leadership which the gentleman demonstrated many
years ago as the chairman of the Western Hemisphere Committee has been
renewed in his current tenure at the helm of that subcommittee.
Mr. Chairman, the northern migration of individuals between countries
of the Western hemisphere historically has benefited our country and,
through remittances and other means, the countries of origin.
The overwhelming majority of individuals who enter the United States
without documentation from Latin American countries do so in search of
the American dream. While we certainly do not support illegal
immigration into this country, we must not assume that those answering
the call of the Statue of Liberty are hardened criminals, nor are the
vast majority of individuals victims of trafficking who are brought to
our shores and borders under fraudulent circumstances through alien
smuggling networks.
So when we encourage the administration to grant assistance to the
security forces of Ecuador or any other country which the State
Department

[[Page H6069]]

has found to have committed serious human rights violations, including
extrajudicial killings and torture, it is vital that we understand and
communicate these differences to the foreign government receiving our
largesse.
Mr. Chairman, although the gentleman's amendment does not distinguish
between those who seek a better life for themselves and their families
and those who intend to do us or our allies harm, the administration
should have a better strategy for addressing alien smuggling in Ecuador
and elsewhere. The report which is required by the Burton amendment is
a step in the right direction.
For these reasons we are prepared to accept this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. BURTON of Indiana. Mr. Chairman, I yield myself such time as I
may consume.
I would like to thank the gentleman from California (Mr. Lantos), my
very eloquent friend, for his kind remarks, and I would like to once
again congratulate the gentleman from Illinois (Mr. Hyde) for the great
work he has done on the International Relations Committee as chairman.
The gentleman is a real titan in this place and we love him.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Indiana (Mr. Burton).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 18A made
in order under the rule.

Amendment No. 18A Offered by Mr. Lantos

Mr. LANTOS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 18A offered by Mr. Lantos:
In subtitle B of title XI, redesignate sections 1111
through 1126 as sections 1121 through 1136, respectively
In subtitle A of title XI, add the following new section:

SEC. 1111. DECLARATION OF HEADS OF STATE OF THE SHANGHAI
COOPERATION ORGANIZATION.

(a) Findings.--Congress finds the following:
(1) The Shanghai Cooperation Organization (SCO) is made up
of Kazakhstan, Kyrgyzstan, the People's Republic of China,
Russia, Tajikistan, and Uzbekistan.
(2) al Qaeda and Taliban fighters remain active in
Afghanistan and antiterrorist operations led by the
international coalition are still ongoing.
(3) The Heads of State of the SCO declared that they
supported the Global War on Terrorism and would strengthen
their efforts to combat and prevent terrorism.
(4) The Heads of State of the SCO called for the relevant
State parties of the anti-terrorist coalition to set a
deadline for the temporary use of the infrastructure
facilities of the SCO Member States and for their military
presence in these countries.
(b) Statement of Congress.--Congress--
(1) commends the Heads of State of the SCO for their
declaration of support of the Global War on Terrorism and for
strengthening their efforts to combat and prevent terrorism;
(2) commends the support of the anti-terrorist efforts of
the international coalition in Afghanistan;
(3) expresses its concern about language in the declaration
of the Heads of State of the SCO calling for the relevant
State parties of the anti-terrorist coalition to set a
deadline for the temporary use of the infrastructure
facilities of the SCO Member States and for their military
presence in these countries; and
(4) calls on the President, the Secretary of State, and the
Secretary of Defense to open a dialogue with the appropriate
Member States in the SCO concerning the importance of the use
of bases in the SCO Member States and report to Congress on
the outcome of such dialogue.

The CHAIRMAN. Pursuant to House Resolution 365, the gentleman from
California (Mr. Lantos) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California (Mr. Lantos).
Mr. LANTOS. Mr. Chairman, I yield myself such time as I may consume.
I offer this amendment on behalf of the gentleman from New York (Mr.
Crowley). It is imperative that the coalition forces fighting in the
global war on terrorism not be hobbled in their efforts. The recent
declaration of the Shanghai Cooperation Organization, which includes
Russia and China, calling for coalition forces to set a withdrawal
timetable from use of critical forward bases in countries such as
Uzbekistan, would greatly hobble our efforts.
Mr. Chairman, the declaration is a transparent attempt by China and
Russia, to force the United States out of the region which they
obviously consider in their sphere of influence. Yet we do not see
their forces participating beyond their own borders in the global war
on terrorism.
I urge all of my colleagues to support the Crowley amendment and
formally express the concern of this House over this unfortunate
declaration.
Mr. Chairman, I reserve the balance of my time.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I ask unanimous consent to
take the time in opposition though I am not opposed to the amendment.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Connecticut?
There was no objection.
Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield myself such time
as I may consume.
The business of the House moved more rapidly than I anticipated, and
so I am asking the privilege of taking the time in opposition to this
amendment, though I do not oppose it, just to stand in support of the
Burton amendment.
In Danbury, one of the major cities in my district, there has been an
influx of 10,000 illegal immigrants in the last 5 years, mostly from
South America and many from Ecuador. The tragedy that we are a party
to, by allowing these Mafia type traffickers to entice people into
their web, is a tragedy for families, villages, and nations. These are
Mafia type organized crime organizations. They have figured out how to
make money from people's dreams and hopes. They rape, they pillage,
they steal, they murder, they abandon. We need to know more about how
we can use the intelligence resources and other resources of the United
States to work more closely with the Ecuadorian government to stop this
abusive trafficking and relieve small cities like Danbury of the
terrible cost of a larger population of illegal residents.
These illegal immigrants are hard workers and hope only for a better
life. But living the life of an illegal cannot fulfill their dreams,
and it can cause tremendous problems in cities like Danbury, where
services are taxed, taxpayers are overburdened, public health problems
develop because these workers do not have health insurance and so on
and so forth.
I traveled recently to Ecuador to gain a better understanding of the
origins of the problems and spoke with the Ecuadorian immigration
officials about the situation. They share our concerns with the
sophistication of the organized criminals who are now profiting from
human trafficking and capitalizing on the hopes of people who are
merely seeking a better life. There is a way for our two countries to
work together, not only to stop this trafficking, but to collaborate on
local economic development projects to reduce the incentive to flee
one's homeland. Microlending all kinds of things that we do routinely
here in America and that we do in other places in the world, could
provide the economic opportunity these people so desperately want right
in their own country. Illegal immigration is not only dangerous and
brutal for those involved but hard on American towns and cities and
terrible for the little villages that are left behind in which
grandparents are raising children and hopelessness forces painful,
permanent separation.
I commend the gentleman on taking this step forward and working to
stop human trafficking, which also creates the problems associated with
illegal immigration in America. We have the resources to solve these
problems if we focus thoughtfully on both the causes and the effects.
The gentleman's amendment will start that process of focusing and will,
I hope, lead to destroying the business of human trafficking and
creating an economic development model built on the experience of both
the United States and Ecuador, that will restore hope for Ecuadorians
to their homeland.
I thank the gentleman from Illinois (Mr. Hyde), the chairman of the
committee, for allowing me to take the time in opposition to this
amendment that I do not oppose.
Mr. Chairman, I yield back the balance of my time.

[[Page H6070]]

Mr. LANTOS. Mr. Chairman, I am delighted to yield the balance of my
time to the gentleman from New York (Mr. Crowley), a distinguished
member of the International Relations Committee, the author of this
amendment.
The CHAIRMAN. The gentleman from New York is recognized for 3\1/2\
minutes.
Mr. CROWLEY. Mr. Chairman, I thank the gentleman from California (Mr.
Lantos) for being here to offer my amendment and to take the position
in support of this amendment.
Mr. Chairman, my amendment deals with the July 5 declaration of the
heads of state of the Shanghai Cooperation Organization known as SCO,
which is made up of Kazakhstan, Kyrgyzstan and the People's Republic of
China, Russia, Tajikistan and Uzbekistan.
This declaration called upon the antiterrorist coalition to set a
deadline for the temporary use of the infrastructure facilities of the
SCO member states and for the military presence in these countries.
I do not believe it is appropriate to begin to pull out of Central
Asia while al Qaeda and the Taliban are still an active threat to the
emerging government in Afghanistan and coalition troops seeking to root
out the remaining fighters of the Taliban as well as al Qaeda.
China and Russia should not be pushing policy on their smaller
neighbors just because they are uncomfortable with having Western
antiterrorist coalition troops in Central Asia.
Terrorism is not an issue for the United States alone but for the
entire world, and we must all work together to fight these sick
individuals.
Richard Myers, Chairman of the Joint Chiefs of Staff, said the United
States has no territorial designs on the region and they should not
view coalition troops as a threat.
Under Secretary of Defense Douglas Feith said in an interview
recently that U.S. military operations are based on circumstance, not
dates, and the circumstances in Afghanistan remain dangerous. So we
must not allow China and Russia to dictate the timetables on our
security.
Mr. Chairman, my amendment calls on the administration to open a
dialogue with the appropriate members of the SCO and let them know
about the importance of retaining the antiterrorist coalition troops.
I urge all of my colleagues to support this amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. Lantos).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 19 printed
in part B of House Report 109-175.

Amendment No. 19 offered by Mr. Smith of New Jersey

Mr. SMITH of New Jersey. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 19 offered by Mr. Smith of New Jersey:
Page 18, after line 3, insert the following new subsection:
(d) Withholding of Contributions for Certain United Nations
Commissions, Organizations, or Any Affiliated Agencies.--
Notwithstanding any other provision of law, funds available
to the Department of State or any other Federal department or
agency may not be used for United States contributions to any
United Nations commission, organization, or affiliated agency
that is chaired or presided over by a country, the government
of which the Secretary of State has determined, for purposes
of section 6(j)(1) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)(1)) has repeatedly provided support
for acts of international terrorism, until such time as the
President determines that such commission, organization, or
agency is no longer chaired or presided over by such country
and the commission, organization, or agency has established
appropriate electoral reforms, including minimum standards
for leadership positions and the elimination of automatic
rotation of such leadership positions.

The CHAIRMAN. Pursuant to House Resolution 365, the gentleman from
New Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos)
each will control 5 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Chairman, I yield myself such time as I
may consume.
I am offering this amendment on behalf of the gentleman from New York
(Mr. Fossella), my good friend and colleague, who was unavoidably
detained on official business. As a supporter of the Fossella
amendment, I offer it on his behalf.
This amendment very simply seeks to withhold U.S. funding from any
U.N. commission, organization or affiliated agency that is chaired or
presided over by a country the government of which the Secretary of
State has determined has repeatedly provided support for acts of
international terrorism until such time that the President determines
that they are no longer doing so.
If Members of the U.N. elect known state sponsors of terrorism to
lead U.N. organizations, we believe U.S. tax dollars should not support
those entities.
In a post-9/11 world we are seeking to build multilateral strategies
to address threats of global terror. We must use all available
diplomatic tools and leverage such as U.S. contributions, to halt the
influence of countries that sponsor and export terror.
This amendment seeks to prevent identified state sponsors of
terrorism such as Iran, Syria, North Korea, Cuba and Libya from being
able to attain leadership positions at U.N. commissions, organizations
or affiliated agencies such as the Conference on Disarmament and U.N.
human rights bodies.
Mr. Chairman, I reserve the balance of my time.
Mr. LANTOS. Mr. Chairman, I yield myself such time as I may consume.
This is a parallel issue to the one we had with respect to cutting
off 50 percent of the funding for the United Nations.
Every single Member of this body is in full agreement that rogue
states should not be chairing United Nations organizations. But it is
equally clear that an intelligent approach to making it impossible to
keep rogue states from chairing United States bodies is to give our
Secretary of State the discretion to cut off funding and not to put
things on automatic pilot.
Given our concerns, I would ask the gentleman if he would modify the
amendment to make the authority to withhold funds subject to the
discretion of the Secretary of State. Could we insert on line 4, after
the comma, the relevant secretary or head of agencies authorized to
withhold the funds? Would the gentleman be willing to ask unanimous
consent to do so?
Mr. SMITH of New Jersey. Mr. Chairman, will the gentleman yield?
Mr. LANTOS. I yield to the gentleman from New Jersey.
Mr. SMITH of New Jersey. With all due respect to my friend and
colleague from California, I know that the gentleman from New York (Mr.
Fossella), who is really the prime sponsor of this amendment, had prior
knowledge of that potential language that you just offered and he did
not want to accept it. So on his behalf and my own I would have to
reject it regrettably.

{time} 1645

Mr. LANTOS. Mr. Chairman, I thank my friend. Under those
circumstances, we oppose the amendment. It is absurd to put U.S.
foreign policy on automatic pilot. We have an intelligent and capable
Secretary of State who has all the capability of exercising her
discretion in withholding funds from the United Nations when warranted.
I ask all of my colleagues to vote against this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Chairman, I yield back the balance of my
time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Smith).
The amendment was agreed to.

Sequential Votes Postponed In Committee Of The Whole

The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will
now resume on those amendments printed in part B of House Report 109-
175 on which further proceedings were postponed, in the following
order: amendment No. 2, as modified, offered by the gentleman from
Illinois (Mr. Hyde); amendment No. 8 offered by the gentleman from
Minnesota (Mr. Kennedy); amendment No. 9 offered by the gentlewoman
from Oregon (Ms. Hooley); amendment No. 10 offered by the gentleman
from Indiana (Mr. Souder); amendment No. 12 offered by the gentleman
from New Jersey (Mr. Smith).
The first electronic vote will be conducted as a 15-minute vote.
Remaining

[[Page H6071]]

electronic votes will be conducted as 5-minute votes.

Amendment No. 2, as Modified, Offered by Mr. Hyde

The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment, as modified, offered by the gentleman from Illinois
(Mr. Hyde) on which further proceedings were postponed and on which the
ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 226,
noes 195, not voting 12, as follows:

[Roll No. 385]

AYES--226

Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Berkley
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonilla
Bonner
Bono
Boozman
Boustany
Bradley (NH)
Brady (TX)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Chabot
Chocola
Coble
Cole (OK)
Conaway
Costello
Crenshaw
Cubin
Cuellar
Culberson
Cunningham
Davis (KY)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Green (WI)
Green, Gene
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCaul (TX)
McCotter
McCrery
McHugh
McIntyre
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mollohan
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Souder
Stearns
Sullivan
Tancredo
Taylor (MS)
Taylor (NC)
Terry
Thomas
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wolf
Young (AK)
Young (FL)

NOES--195

Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Bean
Becerra
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boehlert
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Case
Castle
Chandler
Clay
Cleaver
Clyburn
Conyers
Cooper
Costa
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Gonzalez
Gordon
Green, Al
Grijalva
Gutierrez
Harman
Hastings (FL)
Herseth
Higgins
Hinchey
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Leach
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Matheson
Matsui
McCarthy
McCollum (MN)
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Paul
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reichert
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Shays
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn

NOT VOTING--12

Brown (SC)
Brown, Corrine
Cox
Cramer
Frelinghuysen
Hinojosa
McHenry
Payne
Reyes
Sweeney
Thornberry
Wilson (SC)

{time} 1711

Ms. ESHOO, Mr. ORTIZ, and Mr. RUSH changed their vote from ``aye'' to
``no.''
Mr. CUELLAR and Mr. MOLLOHAN changed their vote from ``no'' to
``aye.''
So the amendment, as modified, was agreed to.
The result of the vote was announced as above recorded.

Amendment No. 8 Offered by Mr. Kennedy of Minnesota

The Acting CHAIRMAN (Mr. Culberson). The pending business is the
demand for a recorded vote on the amendment offered by the gentleman
from Minnesota (Mr. Kennedy) on which further proceedings were
postponed and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 423,
noes 2, not voting 8, as follows:

[Roll No. 386]

AYES--423

[[Page H6072]]

Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kucinich
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHugh
McIntyre
McKeon
McKinney
McMorris
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schakowsky
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Solis
Souder
Spratt
Stark
Stearns
Strickland
Stupak
Sullivan
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Walsh
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)

NOES--2

Flake
Paul

NOT VOTING--8

Boehlert
Brown (SC)
Cox
Hinojosa
McHenry
Reyes
Sweeney
Tancredo

Announcement by the Acting Chairman

The Acting CHAIRMAN (Mr. Culberson) (during the vote). Members are
advised 2 minutes remain in this vote.

{time} 1719

So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. WILSON of South Carolina. Mr. Chairman, on rollcall No. 386 I was
unavoidably detained. Had I been present, I would have voted ``aye.''

personal explanation

Mr. McHENRY. Mr. Chairman, on rollcall Nos. 385 and 386 I was
unavoidably detained. Had I been present, I would have voted ``aye.''

Amendment No. 9 Offered by Ms. Hooley

The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Oregon
(Ms. Hooley) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 387]

AYES--424

Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Blackburn
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Carter
Case
Castle
Chabot
Chandler
Chocola
Clay
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Al
Green, Gene
Grijalva
Gutierrez
Gutknecht
Hall
Harman
Harris
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hinchey
Hobson
Hoekstra
Holden
Holt
Honda
Hooley
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inglis (SC)
Inslee
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kucinich
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McKinney
McMorris
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy
Murtha
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schakowsky
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Solis
Souder
Spratt
Stark
Stearns
Strickland
Stupak
Sullivan
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Walsh
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)

NOES--1

Paul

NOT VOTING--8

Bishop (UT)
Brown (SC)
Cox
Hinojosa
Musgrave
Reyes
Sweeney
Tancredo

{time} 1727

So the amendment was agreed to.

[[Page H6073]]

The result of the vote was announced as above recorded.

Amendment No. 10 Offered by Mr. Souder

The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Indiana
(Mr. Souder) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 388]

AYES--426

Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Carter
Case
Castle
Chabot
Chandler
Chocola
Clay
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Al
Green, Gene
Grijalva
Gutierrez
Gutknecht
Hall
Harman
Harris
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hinchey
Hobson
Hoekstra
Holden
Holt
Honda
Hooley
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inglis (SC)
Inslee
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kucinich
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McKinney
McMorris
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schakowsky
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Solis
Souder
Spratt
Stark
Stearns
Strickland
Stupak
Sullivan
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Walsh
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)

NOES--1

Paul

NOT VOTING--6

Brown (SC)
Cox
Hinojosa
Reyes
Sweeney
Tancredo

{time} 1735

So the amendment was agreed to.
The result of the vote was announced as above recorded.

Amendment No. 12 Offered by Mr. Smith of New Jersey

The Acting CHAIRMAN (Mr. Culberson). The pending business is the
demand for a recorded vote on the amendment offered by the gentleman
from New Jersey (Mr. Smith) on which further proceedings were postponed
and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 389]

AYES--223

Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Beauprez
Berry
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonilla
Bonner
Boozman
Boren
Boustany
Brady (TX)
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Chabot
Chocola
Coble
Cole (OK)
Conaway
Costello
Cox
Cramer
Crenshaw
Cubin
Cuellar
Culberson
Cunningham
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gibbons
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Holden
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (IL)
Johnson, Sam
Jones (NC)
Kaptur
Keller
Kennedy (MN)
Kildee
King (IA)
King (NY)
Kingston
Kline
Knollenberg
Kuhl (NY)
LaHood
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mollohan
Moran (KS)
Murphy
Murtha
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Ortiz
Osborne
Otter
Oxley
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Putnam
Radanovich
Rahall
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
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Saxton
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Shuster
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Smith (NJ)
Smith (TX)
Sodrel
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Stupak
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Taylor (MS)
Taylor (NC)
Terry
Thornberry
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Tiberi
Turner
Upton
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)

[[Page H6074]]

NOES--205

Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Bass
Bean
Becerra
Berkley
Berman
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Boehlert
Bono
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Case
Castle
Chandler
Clay
Cleaver
Clyburn
Conyers
Cooper
Costa
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Foley
Ford
Frank (MA)
Frelinghuysen
Gerlach
Gilchrest
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Herseth
Higgins
Hinchey
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Jones (OH)
Kanjorski
Kelly
Kennedy (RI)
Kilpatrick (MI)
Kind
Kirk
Kolbe
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Leach
Lee
Levin
Lewis (GA)
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Matheson
Matsui
McCarthy
McCollum (MN)
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Moore (KS)
Moore (WI)
Moran (VA)
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Pomeroy
Price (NC)
Pryce (OH)
Ramstad
Rangel
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Serrano
Shays
Sherman
Simmons
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Tanner
Tauscher
Thomas
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walden (OR)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn

NOT VOTING--5

Brown (SC)
Hinojosa
Reyes
Sweeney
Tancredo

{time} 1744

Messrs. THOMAS, FORD and OBEY changed their vote from ``aye'' to
``no.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Mr. HYDE. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Simpson) having assumed the chair, Mr. Culberson, Acting Chairman of
the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under consideration the bill (H.R.
2601) to authorize appropriations for the Department of State for the
fiscal years 2006 and 2007, and for other purposes, had come to no
resolution thereon.

____________________