[Congressional Record (Bound Edition), Volume 151 (2005), Part 12]
[House]
[Pages 16479-16505]
[From the U.S. 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.

[[Page 16480]]

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. 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 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

[[Page 16481]]

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 
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:

[[Page 16482]]



                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.--
       (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

[[Page 16483]]

       (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 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.

[[Page 16484]]

       (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.
  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

[[Page 16485]]

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 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.

[[Page 16486]]

  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.
  The Chair recognizes the gentleman from Missouri (Mr. Blunt).
  Mr. BLUNT. Mr. Chairman, I yield myself such time as I may consume.

[[Page 16487]]

  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. 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.

       ``(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--
       After page 20 insert the following:

     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 16488]]

       (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

[[Page 16489]]

     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.
       ``(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.

[[Page 16490]]



     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 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

[[Page 16491]]

     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, 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

[[Page 16492]]

     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 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

[[Page 16493]]

     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--
       (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.

[[Page 16494]]

       (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.

     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

[[Page 16495]]

     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.
       (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--

[[Page 16496]]

       (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.
       (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--

[[Page 16497]]

       (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 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).

[[Page 16498]]

       (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 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.

  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 amendment No. 16 as provided under the rule on behalf of my 
distinguished colleagues, the gentleman from American Samoa (Mr. 
Faleoma-
vaega) and the gentlewoman from Guam (Ms. Bordallo).
  Mr. Chairman, the purpose of this amendment is very simple. It 
extends the same rights and privileges regarding transfer allowances to 
State Department employees who are residents of the United States 
territories and possessions that are accorded to State Department 
employees residing in the 50 States. My understanding is that this 
provision is a very modest one that will affect very few State 
Department employees with little cost to the government. In the 
interest of providing fair and equitable treatment to all U.S. citizens 
who are employees of our Department of State, regardless of their 
domicile, I strongly urge all of my colleagues to support this 
amendment.
  Mr. Chairman, I yield back the balance of my time.
  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. 17 printed 
in part B of House Report 109-175.


           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.

[[Page 16499]]

  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 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

[[Page 16500]]

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.
  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 antiter-
rorist 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.

[[Page 16501]]

  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 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)

[[Page 16502]]


     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

     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
     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)
     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
     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

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.

[[Page 16503]]

  The vote was taken by electronic device, and there were--ayes 424, 
noes 1, not voting 8, as follows:

                             [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.
  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

  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 426, 
noes 1, not voting 6, as follows:

                             [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

[[Page 16504]]


     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

  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 223, 
noes 205, not voting 5, as follows:

                             [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)
     Ryun (KS)
     Saxton
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Stupak
     Sullivan
     Taylor (MS)
     Taylor (NC)
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               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.

[[Page 16505]]



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