[Congressional Record (Bound Edition), Volume 151 (2005), Part 4]
[Senate]
[Pages 5869-5888]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 292. Mr. SANTORUM (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 74, between lines 2 and 3, insert the following:

     SEC. 603. DESIGNATION OF POLAND AS A VISA WAIVER COUNTRY.

       (a) Findings.--Congress makes the following findings:
       (1) Since the founding of the United States, Poland has 
     proven its steadfast dedication to the causes of freedom and 
     friendship with the United States, exemplified by the brave 
     actions of Polish patriots such as Casimir Pulaski and 
     Tadeusz Kosciuszko during the American Revolution.
       (2) Polish history provides pioneering examples of 
     constitutional democracy and religious tolerance.
       (3) The United States is home to nearly 9,000,000 people of 
     Polish ancestry.
       (4) Polish immigrants have contributed greatly to the 
     success of industry and agriculture in the United States.
       (5) Since the demise of communism, Poland has become a 
     stable, democratic nation.
       (6) Poland has adopted economic policies that promote free 
     markets and rapid economic growth.
       (7) On March 12, 1999, Poland demonstrated its commitment 
     to global security by becoming a member of the North Atlantic 
     Treaty Organization.
       (8) On May 1, 2004, Poland became a member state of the 
     European Union.
       (9) Poland was a staunch ally to the United States during 
     Operation Iraqi Freedom.
       (10) Poland has committed 2,300 soldiers to help with 
     ongoing peacekeeping efforts in Iraq.
       (11) The Secretary and the Secretary of Homeland Security 
     administer the visa waiver program, which allows citizens 
     from 27 countries, including France and Germany, to visit the 
     United States as tourists without visas.
       (12) On April 15, 1991, Poland unilaterally repealed the 
     visa requirement for United States citizens traveling to 
     Poland for 90 days or less.
       (13) More than 100,000 Polish citizens visit the United 
     States each year.
       (b) Visa Waiver Program.--Effective on the date of the 
     enactment of this Act, and notwithstanding section 217(c) of 
     the Immigration and Nationality Act (8 U.S.C. 1187(c)), 
     Poland shall be deemed a designated program country for 
     purposes of the visa waiver program established under section 
     217 of such Act.
                                 ______
                                 
  SA 293. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 266, between lines 8 and 9, insert the following:

     SEC. 2736. SUSPENSION OF FUNDS.

       In any case in which there is credible evidence of sexual 
     exploitation and abuse in a country by peacekeeping troops 
     participating in United Nations peacekeeping operations and 
     the government of such country is not investigating or 
     punishing such exploitation and abuse, the United States 
     shall suspend payment of peacekeeping funds to the United 
     Nations in an amount proportionate to the operations in that 
     country until the Secretary of State certifies to the 
     appropriate congressional committees that the United Nations 
     peacekeepers are prosecuted through the judicial systems of 
     such country.
                                 ______
                                 
  SA 294. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 13, between lines 9 and 10, insert the following:
       (d) Report to Congress on United Nations Travel 
     Allowances.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a report including 
     the following:
       (1) The total the travel allowances for the past 3 calendar 
     years, by conference and nation, including meals, lodging, 
     travel, and related expenses, paid by the United Nations and 
     member states and non-governmental organizations for 
     delegates and experts to all worldwide conferences under the 
     auspices of, or affiliated with, the United Nations.
       (2) A description of the means by which the amount and 
     distribution of such travel allowances are determined.
       (3) A description of the means by which such travel 
     allowance costs are assigned for payment by member states and 
     nongovernmental organizations to United Nations or directly 
     to the delegates and experts.
       (4) Recommendations for policies, programs, and strategies 
     of the United States Government to ensure that fiscal 
     efficiency in such travel allowances is improved 
     substantially.
                                 ______
                                 
  SA 295. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 55, line 6, strike ``Section'' and insert the 
     following:
       (a) Amendment.--Section
       On page 55, between lines 11 and 12, insert the following:
       (b) Calculation; Direct Payments.--
       (1) Calculation.--The United States shall pay its share for 
     United Nations Peacekeepers, pursuant to the amendment made 
     by subsection (a), as calculated at such prevailing wage as 
     military and civilian personnel are paid in their respective 
     member states.
       (2) Direct payments to peacekeepers.--The United States' 
     share of the payments described in paragraph (1)--
       (A) shall be paid directly to the military and civilian 
     personnel engaged in peacekeeping operations; and
       (B) shall not be paid to the member states, some of which--
       (i) have profiteered from peacekeeping operations; or
       (ii) have been derelict in payment of its military and 
     civilian personnel engaged in peacekeeping operations.

[[Page 5870]]


                                 ______
                                 
  SA 296. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 59, between lines 4 and 5, insert the following:

     SEC. 405. REPORT TO CONGRESS ON UNITED NATIONS TRANSLATION 
                   EXPENSES.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary, through the International 
     Organizations Bureau of the Department of State, shall submit 
     a report to Congress that contains--
       (1) for the most recent 3 calendar years, a breakdown of 
     the total of the translation expenses of the United Nations 
     paid by the United Nations and member states and non-
     governmental organizations;
       (2) a description of the means by which the amount and 
     distribution of such translation work are determined;
       (3) a description of the means by which such translation 
     costs are assigned for payment by member states and non-
     governmental organizations to United Nations;
       (4) an analysis of any possibility for cost savings 
     resulting from translation into a particular languages being 
     performed in the nation or nations where such language is 
     autochthonous;
       (5) an analysis of any cost savings possible by paying 
     translators the prevailing wage for such work as is paid in 
     the nation or nations where such language is autochthonous;
       (6) an analysis of any possibility for cost savings 
     resulting from translation into a more refined, smaller set 
     of languages for any possible purposes and occasions, as such 
     analogous initiative has been suggested for the translation 
     work performed for the European Union; and
       (7) recommendations for policies, programs, and strategies 
     of the United States Government to ensure that fiscal 
     efficiency in such translation expenses is improved 
     substantially.
                                 ______
                                 
  SA 297. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 16, after line 3, add the following:

     SEC. 107. PROMOTION OF INTERNATIONAL TAXES, TARIFFS, OR FEES.

       Nothing in this subtitle shall be construed to authorize 
     the appropriation of funds for the Department of State to 
     promote or in any way advocate for international taxes, 
     tariffs, or fees.
                                 ______
                                 
  SA 298. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 187, between lines 14 and 15, insert the following:
       (c) National Memorial Institute for the Prevention of 
     Terrorism.--
       (1) In general.--The Secretary shall--
       (A) contract with the National Memorial Institute for the 
     Prevention of Terrorism (referred to in this subsection as 
     the ``NMIPT'') to review national response plans and the 
     training of first responders; and
       (B) make use of the expertise of the NMIPT in carrying out 
     activities under subsection (a).
       (2) Findings.--Established in 1997 by Public Law 105-58, 
     the NMIPT is a nonprofit nongovernmental entity under section 
     501(c)(3) of the Internal Revenue Code of 1986, with a 
     mission to prevent terrorism and assist the emergency 
     responder community. The NMIPT provides a neutral forum for 
     discussion of the issues associated with combating terrorism 
     and provides an excellent setting for a world-class library 
     of resources related to terrorism. The NMIPT sponsors and 
     works with partners to explore counterterrorism research. One 
     of the most important functions the NMIPT performs is to 
     provide a means for emergency first responders to share 
     information, the foundation of which information sharing 
     effort is a manual of lessons learned by first responders.
                                 ______
                                 
  SA 299. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 119, strike lines 8 through 21, and insert the 
     following:

     SEC. 2106. REMOVAL OF IRAQ FROM LIST OF COUNTRIES DENIED 
                   ASSISTANCE UNDER TITLE III OF FOREIGN 
                   ASSISTANCE ACT OF 1961.

       Section 307(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2227(a)) is amended by striking ``Iraq,''.
                                 ______
                                 
  SA 300. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 123, line 10, strike ``$680,735,000'' and insert 
     ``$678,705,000''.
       On page 143, line 17, strike ``$18,850,000'' and insert 
     ``$20,850,000''.
                                 ______
                                 
  SA 301. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 58, between lines 14 and 15, insert the following:
       (7) The United Nations has experienced a proliferation of 
     committees that perform essentially the same functions.
       On page 58, line 18, strike ``and''.
       On page 59, line 4, strike the period at the end and insert 
     ``; and''
       On page 59, between lines 4 and 5, insert the following:
       (3) the Secretary should instruct any United States 
     representative to the United Nations to use the voice and 
     vote of the United States to seek to enact significant and 
     necessary changes to improve the accountability, increase the 
     transparency, and streamline the functioning of the United 
     Nations processes by seeking the elimination of the Second 
     and Third Committees of the United Nations.
                                 ______
                                 
  SA 302. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 138, line 21, strike ``Section'' and insert the 
     following:
       (a) In General.--Section
       On page 139, between lines 3 and 4, insert the following:
       (b) Sense of the Senate.--It is the Sense of the Senate 
     that regularly scheduled dues of the United States to the 
     United Nations for its share of peacekeeping funding should 
     not be paid by emergency, ``off-budget'' appropriations.
                                 ______
                                 
  SA 303. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 15, between lines 3 and 4, insert the following:
       (d) Report on Alleged Diversion of Intended Migration and 
     Refugee Assistance.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall, through the 
     International Organizations Bureau of the Department of 
     State, submit to the appropriate congressional committees a 
     report on the alleged diversion of funds intended for 
     migration and refugee assistance.
       (2) Content.--The report required under paragraph (1) shall 
     contain--
       (A) for the previous three calendar years, a breakdown of 
     the total expenses of the United States, nongovernmental 
     organizations, the United Nations High Commissioner for 
     Refugees, and world food aid programs incurred in providing 
     assistance to

[[Page 5871]]

     the Saharawis and all refugees from Rwanda to Uganda and the 
     Sudan;
       (B) a description of the intended purposes of such 
     assistance;
       (C) a review of the allegations, found in European, 
     Moroccan, and other press outlets and reported by French, 
     Scandinavian, and other nongovernmental organizations, of the 
     diversion of such funds to other purposes, including to the 
     black markets in Algeria and Mauritania;
       (D) an analysis of any possibility for cost savings 
     resulting from the prevention of any such diversion;
       (E) an analysis of how many lives could be saved and 
     improved by the prevention of any such diversion; and
       (F) recommendations for policies, programs, and strategies 
     of the United States Government to prevent any such 
     diversion.
                                 ______
                                 
  SA 304. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 59, between lines 4 and 5, insert the following:

     SEC. 405. RENOVATION OF UNITED NATIONS BUILDING IN NEW YORK 
                   CITY.

       (a) In General.--Notwithstanding any other provision of 
     law, no Federal funds shall be used to process any acceptance 
     of the offer of a loan for $1,200,000,000 at 5.5 percent 
     interest, or any other loan amount at any other interest 
     rate, for the renovation of the United Nations building in 
     New York, New York, until the Secretary of State certifies 
     the falsehood of reports from approximately 6 renovation 
     experts with particular experience in the costs of renovating 
     high-end facilities and structures in New York, New York that 
     the costs proposed by the United Nations for such renovation 
     is above commercial, fair market prices.
       (b) Additional Offers.--In examining such reports of 
     severely inflated cost estimates (some estimating charges in 
     excess of 200 percent of fair market value), the Secretary 
     shall arrange a meeting of the Bureau of International 
     Organizations to discuss and receive written offers for the 
     renovation of the United Nations building in New York, New 
     York from not less than 12 different renovation enterprises 
     or experts.
                                 ______
                                 
  SA 305. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 59, between lines 4 and 5, insert the following:

     SEC. 405. REPORT TO CONGRESS ON UNITED NATIONS DOUBLE-
                   DIPPING.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary, through the International 
     Organizations Bureau of the Department of State, shall submit 
     a report, to the appropriate congressional committees and to 
     United States Senator James Inhofe, that contains--
       (1) for the most recent 3 calendar years, a breakdown of 
     any and all monies paid concurrently by the United Nations to 
     individuals in multiple capacities (commonly known as 
     ``double-dipping'');
       (2) a description of the means by which the decision to pay 
     such monies are determined;
       (3) a description of the means by which such costs are 
     assigned for payment to the United Nations by member states 
     and nongovernmental organizations;
       (4) an analysis of any possibility for cost savings 
     resulting from the elimination of the practice of ``double-
     dipping'';
       (5) an analysis of any possible disincentives that can 
     result from paying 2 or more revenue streams or salaries to 
     an individual at once, including the United Nations Mission 
     to Eritrea and Ethiopia; and
       (6) recommendations for Federal policies, programs, and 
     strategies to ensure that fiscal efficiency is achieved 
     regarding ``double-dipping''.
                                 ______
                                 
  SA 306. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 220, between lines 23 and 24, insert the following:
       (8) The United Nations Children's Fund, Maranatha Chapel, 
     the Woodrow Wilson International Center for Scholars, reports 
     from international human rights organizations, including 
     Human Rights Watch's 1997 report, ``The Scars of Death: 
     Children Abducted by the Lord's Resistance Army in Uganda'', 
     and Amnesty International's 1997 report, ``UGANDA: BREAKING 
     GOD'S COMMANDS: THE DESTRUCTION OF CHILDHOOD BY THE LORD'S 
     RESISTANCE ARMY'', the Department of Homeland Security, the 
     Department of State's report ``COUNTRY REPORTS ON HUMAN 
     RIGHTS PRACTICES-2000'', and others have identified an 
     international crisis involving a group named the Lord's 
     Resistance Army, which is active in northern Uganda and 
     southern Sudan.
       (9) Since 1987, the Lord's Resistance Army has conducted a 
     terror campaign against the people of Northern Uganda and 
     Southern Sudan in an effort to overthrow the government of 
     Uganda. The terror is still occurring in 2005, with recent 
     abductions of children and adults and mutilation of those 
     abducted through dismemberment.
       On page 221, line 8, insert ``the atrocities committed by 
     the Lord's Resistance Army and'' after ``combat''.
       On page 222, line 21, strike ``abuses and to'' and all that 
     follows through line 22, and insert ``abuses, with specific 
     attention to the atrocities committed by the Lord's 
     Resistance Army, and to increase independent judicial 
     capacity in Sudan, Burundi,''.
       On page 22, after line 24, add the following:
       (d) Report on Lord's Resistance Army Operations in Northern 
     Uganda.--Not later than 120 days after the date of enactment 
     of this Act, the Secretary of State, through the 
     International Organizations Bureau of the Department of 
     State, shall submit a report to Congress that contains an 
     analysis of--
       (1) the effect the guerilla type warfare described in 
     subsection (a)(8) has had both physically and psychologically 
     on the people of the region;
       (2) action that could be taken by the international 
     community, or by the United States, with Uganda to end this 
     terror on the Acholi people;
       (3) the reasons that so little has been done by the 
     international community to address this situation; and
       (4) the action taken by United Nations agencies and 
     nongovernmental organizations to relieve this crisis.
                                 ______
                                 
  SA 307. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peach Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 13, between lines 9 and 10, insert the following:
       (d) Report to Congress on United Nations Travel 
     Allowances.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a report including 
     the following:
       (1) The total the travel allowances for the past 3 calendar 
     years, by conference and nation, including meals, lodging, 
     travel, and related expenses, paid by the United Nations and 
     member states and non-governmental organizations for 
     delegates and experts to all worldwide conferences under the 
     auspices of, or affiliated with, the United Nations.
       (2) A description of the means by which the amount and 
     distribution of such travel allowances are determined.
       (3) A description of the means by which such travel 
     allowance costs are assigned for payment by member states and 
     nongovernmental organizations to United Nations or directly 
     to the delegates and experts.
       (4) Recommendations for policies, programs, and strategies 
     of the United States Government to ensure that fiscal 
     efficiency in such travel allowances is improved 
     substantially.
       On page 14, between lines 22 and 23, insert the following:
       (d) Report on Alleged Diversion of Intended Migration and 
     Refugee Assistance.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary, through the 
     International Organizations Bureau of the Department of 
     State, shall submit to the appropriate congressional 
     committees a report on the alleged diversion of funds 
     intended for migration and refugee assistance.
       (2) Content.--The report required under paragraph (1) shall 
     contain--
       (A) for the previous three calendar years, a breakdown of 
     the total expenses of the United States, nongovernmental 
     organizations, the United Nations High Commissioner for 
     Refugees, and world food aid programs incurred in providing 
     assistance to the Saharawis and all refugees from Rwanda to 
     Uganda and the Sudan;
       (B) a description of the intended purposes of such 
     assistance;
       (C) a review of the allegations, found in European, 
     Moroccan, and other press outlets and reported by French, 
     Scandinavian, and

[[Page 5872]]

     other nongovernmental organizations, of the diversion of such 
     funds to other purposes, including to the black markets in 
     Algeria and Mauritania;
       (D) an analysis of any possibility for cost savings 
     resulting from the prevention of any such diversion;
       (E) an analysis of how many lives could be saved and 
     improved by the prevention of any such diversion; and
       (F) recommendations for policies, programs, and strategies 
     of the United States Government to prevent any such 
     diversion.
       On page 15, after line 22, add the following:

     SEC. 107. PROMOTION OF INTERNATIONAL TAXES, TARIFFS, OR FEES.

       Nothing in this subtitle shall be construed to authorize 
     the appropriation of funds for the Department of State to 
     promote or in any way advocate for international taxes, 
     tariffs, or fees.
       On page 55, line 6, strike ``Section'' and insert the 
     following:
       (a) Amendment.--Section
       On page 55, between lines 11 and 12, insert the following:
       (b) Calculation; Direct Payments.--
       (1) Calculation.--The United States shall pay its share for 
     United Nations Peacekeepers, pursuant to the amendment made 
     by subsection (a), as calculated at such prevailing wage as 
     military and civilian personnel are paid in their respective 
     member states.
       (2) Direct payments to peacekeepers.--The United States' 
     share of the payments described in paragraph (1)--
       (A) shall be paid directly to the military and civilian 
     personnel engaged in peacekeeping operations; and
       (B) shall not be paid to the member states, some of which--
       (i) have profiteered from peacekeeping operations; or
       (ii) have been derelict in payment of its military and 
     civilian personnel engaged in peacekeeping operations.
       On page 58, between lines 13 and 14, insert the following:
       (7) The United Nations has experienced a proliferation of 
     committees that perform essentially the same functions.
       On page 58, line 18, strike ``and''.
       On page 59, line 4, strike the period at the end and insert 
     ``; and''
       On page 59, between lines 4 and 5, insert the following:
       (3) the Secretary should instruct any United States 
     representative to the United Nations to use the voice and 
     vote of the United States to seek to enact significant and 
     necessary changes to improve the accountability, increase the 
     transparency, and streamline the functioning of the United 
     Nations processes by seeking the elimination of the Second 
     and Third Committees of the United Nations.

     SEC. 405. REPORTS TO CONGRESS ON UNITED NATIONS TRANSLATION 
                   EXPENSES AND DOUBLE-DIPPING.

       (a) United Nations Translation Expenses.--Not later than 
     120 days after the date of the enactment of this Act, the 
     Secretary, through the International Organizations Bureau of 
     the Department of State, shall submit a report to Congress 
     that contains--
       (1) for the most recent 3 calendar years, a breakdown of 
     the total of the translation expenses of the United Nations 
     paid by the United Nations and member states and non-
     governmental organizations;
       (2) a description of the means by which the amount and 
     distribution of such translation work are determined;
       (3) a description of the means by which such translation 
     costs are assigned for payment by member states and non-
     governmental organizations to United Nations;
       (4) an analysis of any possibility for cost savings 
     resulting from translation into a particular languages being 
     performed in the nation or nations where such language is 
     autochthonous;
       (5) an analysis of any cost savings possible by paying 
     translators the prevailing wage for such work as is paid in 
     the nation or nations where such language is autochthonous;
       (6) an analysis of any possibility for cost savings 
     resulting from translation into a more refined, smaller set 
     of languages for any possible purposes and occasions, as such 
     analogous initiative has been suggested for the translation 
     work performed for the European Union; and
       (7) recommendations for policies, programs, and strategies 
     of the United States Government to ensure that fiscal 
     efficiency in such translation expenses is improved 
     substantially.
       (b) Double-dipping.--Not later than 120 days after the date 
     of the enactment of this Act, the Secretary, through the 
     International Organizations Bureau of the Department of 
     State, shall submit a report to the appropriate congressional 
     committees and to United States Senator James Inhofe that 
     contains--
       (1) for the most recent 3 calendar years, a breakdown of 
     any and all monies paid concurrently by the United Nations to 
     individuals in multiple capacities (commonly known as 
     ``double-dipping'');
       (2) a description of the means by which the decision to pay 
     such monies are determined;
       (3) a description of the means by which such costs are 
     assigned for payment to the United Nations by member states 
     and nongovernmental organizations;
       (4) an analysis of any possibility for cost savings 
     resulting from the elimination of the practice of ``double-
     dipping'';
       (5) an analysis of any possible disincentives that can 
     result from paying 2 or more revenue streams or salaries to 
     an individual at once, including the United Nations Mission 
     to Eritrea and Ethiopia;
       (6) recommendations for Federal policies, programs, and 
     strategies to ensure that fiscal efficiency is achieved 
     regarding ``double-dipping''.

     SEC. 406. RENOVATION OF UNITED NATIONS BUILDING IN NEW YORK 
                   CITY.

       (a) In General.--Notwithstanding any other provision of 
     law, no Federal funds shall be used to process any acceptance 
     of the offer of a loan for $1,200,000,000 at 5.5 percent 
     interest, or any other loan amount at any other interest 
     rate, for the renovation of the United Nations building in 
     New York, New York, until the Secretary of State certifies 
     the falsehood of reports from approximately 6 renovation 
     experts with particular experience in the costs of renovating 
     high-end facilities and structures in New York, New York that 
     the costs proposed by the United Nations for such renovation 
     is above commercial, fair market prices.
       (b) Additional Offers.--In examining such reports of 
     severely inflated cost estimates (some estimating charges in 
     excess of 200 percent of fair market value), the Secretary 
     shall arrange a meeting of the Bureau of International 
     Organizations to discuss and receive written offers for the 
     renovation of the United Nations building in New York, New 
     York from not less than 12 different renovation enterprises 
     or experts.
       On page 119, strike lines 8 through 21, and insert the 
     following:

     SEC. 2106. REMOVAL OF IRAQ FROM LIST OF COUNTRIES DENIED 
                   ASSISTANCE UNDER TITLE III OF FOREIGN 
                   ASSISTANCE ACT OF 1961.

       Section 307(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2227(a)) is amended by striking ``Iraq,''. Section 
     307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2227(a)) is amended by striking ``Iraq,''.
       On page 123, line 10, strike ``$680,735,000'' and insert 
     ``$678,705,000''.
       On page 138, line 21, strike ``Section'' and insert the 
     following:
       (a) In General.--Section
       On page 139, between lines 3 and 4, insert the following:
       (b) Sense of the Senate.--It is the Sense of the Senate 
     that regularly scheduled dues of the United States to the 
     United Nations for its share of peacekeeping funding shall 
     not be paid by emergency, ``off-budget'' appropriations.
       On page 143, line 17, strike ``$18,850,000'' and insert 
     ``$20,850,000''.
       On page 187, between lines 14 and 15, insert the following:
       (c) National Memorial Institute for the Prevention of 
     Terrorism.--
       (1) In general.--The Secretary shall--
       (A) contract with the National Memorial Institute for the 
     Prevention of Terrorism (referred to in this subsection as 
     the ``NMIPT'') to review national response plans and the 
     training of first responders; and
       (B) make use of the expertise of the NMIPT in carrying out 
     activities under subsection (a).
       (2) Findings.--Established in 1997 by Public Law 105-58, 
     the NMIPT is a nonprofit nongovernmental entity under section 
     501(c)(3) of the Internal Revenue Code of 1986, with a 
     mission to prevent terrorism and assist the emergency 
     responder community. The NMIPT provides a neutral forum for 
     discussion of the issues associated with combating terrorism 
     and provides an excellent setting for a world-class library 
     of resources related to terrorism. The NMIPT sponsors and 
     works with partners to explore counterterrorism research. One 
     of the most important functions the NMIPT performs is to 
     provide a means for emergency first responders to share 
     information, the foundation of which information sharing 
     effort is a manual of lessons learned by first responders.
       On page 220, between lines 23 and 24, insert the following:
       (8) The United Nations Children's Fund, Maranatha Chapel, 
     the Woodrow Wilson International Center for Scholars, reports 
     from international human rights organizations, including 
     Human Rights Watch's 1997 report, ``The Scars of Death: 
     Children Abducted by the Lord's Resistance Army in Uganda'', 
     and Amnesty International's 1997 report, ``UGANDA: BREAKING 
     GOD'S COMMANDS: THE DESTRUCTION OF CHILDHOOD BY THE LORD'S 
     RESISTANCE ARMY'', the Department of Homeland Security, the 
     Department of State's report ``COUNTRY REPORTS ON HUMAN 
     RIGHTS PRACTICES-2000'', and others have identified an 
     international crisis involving a group named the Lord's 
     Resistance Army, which is active in northern Uganda and 
     southern Sudan.
       (9) Since 1987, the Lord's Resistance Army has conducted a 
     terror campaign against the people of Northern Uganda and 
     Southern Sudan in an effort to overthrow the government of 
     Uganda. The terror is still occurring in 2005, with recent 
     abductions of children and adults and mutilation of those 
     abducted through dismemberment.

[[Page 5873]]

       On page 221, line 8, insert ``the atrocities committed by 
     the Lord's Resistance Army and'' after ``combat''.
       On page 222, line 21, strike ``abuses and to'' and all that 
     follows through line 22, and insert ``abuses, with specific 
     attention to the atrocities committed by the Lord's 
     Resistance Army, and to increase independent judicial 
     capacity in Sudan, Burundi,''.
       On page 22, after line 24, add the following:
       (d) Report on Lord's Resistance Army Operations in Northern 
     Uganda.--Not later than 120 days after the date of enactment 
     of this Act, the Secretary of State, through the 
     International Organizations Bureau of the Department of 
     State, shall submit a report to Congress that contains an 
     analysis of--
       (1) the effect the guerilla type warfare described in 
     subsection (a)(8) has had both physically and psychologically 
     on the people of the region;
       (2) action that could be taken by the international 
     community, or by the United States, with Uganda to end this 
     terror on the Acholi people;
       (3) the reasons that so little has been done by the 
     international community to address this situation;
       (4) the action taken by United Nations agencies and 
     nongovernmental organizations to relieve this crisis.
       On page 266, between lines 8 and line, insert the 
     following:

     SEC. 2736. SUSPENSION OF FUNDS.

       In any case in which there is credible evidence of sexual 
     exploitation and abuse in a country by peacekeeping troops 
     participating in United Nations peacekeeping operations and 
     the government of such country is not investigating or 
     punishing such exploitation and abuse, the United States 
     shall suspend payment of peacekeeping funds to the United 
     Nations in an amount proportionate to the operations in that 
     country until the Secretary of State certifies to the 
     appropriate congressional committees that the United Nations 
     peacekeepers are prosecuted through the judicial systems of 
     such country.
                                 ______
                                 
  SA 308. Mr. SALAZAR proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       At the end of title VIII, insert the following:

     SEC. 812. INTERNATIONAL POLICE TRAINING.

       (a) Requirements for Instructors.--Prior to carrying out 
     any program of training for police or security forces through 
     the Bureau that begins after the date of the enactment of 
     this Act, the Secretary shall ensure that--
       (1) such training is provided by instructors who have 
     proven records of experience in training law enforcement or 
     security personnel;
       (2) the Bureau has established procedures to ensure that 
     the individual who receive such training--
       (A) do not have a criminal background;
       (B) are not connected to any criminal or insurgent group;
       (C) are not connected to drug traffickers; and
       (D) meet the minimum age and experience standards set out 
     in appropriate international agreements; and
       (3) the Bureau has established procedures that--
       (A) clearly establish the standards an individual who will 
     receive such training must meet;
       (B) clearly establish the training courses that will permit 
     the individual to meet such standards; and
       (C) provide for certification of an individual who meets 
     such standards.
       (b) Advisory Board.--The Secretary shall establish an 
     advisory board of 10 experts to advise the Bureau on issues 
     related to cost efficiency and professional efficacy of 
     police and security training programs. The board shall have 
     not less than 5 members who are experienced United States law 
     enforcement personnel.
       (c) Bureau Defined.--In this section, the term ``Bureau'' 
     means the Bureau of International Narcotics and Law 
     Enforcement Affairs of the Department of State.
       (d) Annual Report.--Not later than September 30 of each 
     fiscal year, the Secretary shall submit to Congress a report 
     on the training for international police or security forces 
     conducted by the Bureau. Such report shall include the 
     attrition rates of the instructors of such training and 
     indicators of job performance of such instructors.
                                 ______
                                 
  SA 309. Mr. SCHUMER (for himself, Mr. Graham, Mr. Bayh, Mr. Bunning, 
Mr. Dodd, Mrs. Dole, Mr. Feingold, Ms. Stabenow, Mr. Kohl, Mr. Reid, 
Mr. Durbin, Mr. DeWine, Mr. Burr, Mr. Johnson, and Ms. Mikulski) 
proposed an amendment to the bill S. 600, to authorize appropriations 
for the Department of State and international broadcasting activities 
for fiscal years 2006 and 2007, for the Peace Corps for fiscal years 
2006 and 2007, for foreign assistance programs for fiscal years 2006 
and 2007, and for other purposes; as follows:

       On page 277, after line 8, add the following:

                     TITLE XXIX--CURRENCY VALUATION

     SEC. 2901. NEGOTIATIONS REGARDING CURRENCY VALUATION.

       (a) Findings.--Congress makes the following findings:
       (1) The currency of the People's Republic of China, known 
     as the yuan or renminbi, is artificially pegged at a level 
     significantly below its market value. Economists estimate the 
     yuan to be undervalued by between 15 percent and 40 percent 
     or an average of 27.5 percent.
       (2) The undervaluation of the yuan provides the People's 
     Republic of China with a significant trade advantage by 
     making exports less expensive for foreign consumers and by 
     making foreign products more expensive for Chinese consumers. 
     The effective result is a significant subsidization of 
     China's exports and a virtual tariff on foreign imports.
       (3) The Government of the People's Republic of China has 
     intervened in the foreign exchange markets to hold the value 
     of the yuan within an artificial trading range. China's 
     foreign reserves are estimated to be over $609,900,000,000 as 
     of January 12, 2005, and have increased by over 
     $206,700,000,000 in the last 12 months.
       (4) China's undervalued currency, China's trade advantage 
     from that undervaluation, and the Chinese Government's 
     intervention in the value of its currency violates the spirit 
     and letter of the world trading system of which the People's 
     Republic of China is now a member.
       (5) The Government of the People's Republic of China has 
     failed to promptly address concerns or to provide a 
     definitive timetable for resolution of these concerns raised 
     by the United States and the international community 
     regarding the value of its currency.
       (6) Article XXI of the GATT 1994 (as defined in section 
     2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C. 
     3501(1)(B))) allows a member of the World Trade Organization 
     to take any action which it considers necessary for the 
     protection of its essential security interests. Protecting 
     the United States manufacturing sector is essential to the 
     interests of the United States.
       (b) Negotiations and Certification Regarding the Currency 
     Valuation Policy of the People's Republic of China.--
       (1) In general.--Notwithstanding the provisions of title I 
     of Public Law 106-286 (19 U.S.C. 2431 note), on and after the 
     date that is 180 days after the date of enactment of this 
     Act, unless a certification described in paragraph (2) has 
     been made to Congress, in addition to any other duty, there 
     shall be imposed a rate of duty of 27.5 percent ad valorem on 
     any article that is the growth, product, or manufacture of 
     the People's Republic of China, imported directly or 
     indirectly into the United States.
       (2) Certification.--The certification described in this 
     paragraph means a certification by the President to Congress 
     that the People's Republic of China is no longer acquiring 
     foreign exchange reserves to prevent the appreciation of the 
     rate of exchange between its currency and the United States 
     dollar for purposes of gaining an unfair competitive 
     advantage in international trade. The certification shall 
     also include a determination that the currency of the 
     People's Republic of China has undergone a substantial upward 
     revaluation placing it at or near its fair market value.
       (3) Alternative certification.--If the President certifies 
     to Congress 180 days after the date of enactment of this Act 
     that the People's Republic of China has made a good faith 
     effort to revalue its currency upward placing it at or near 
     its fair market value, the President may delay the imposition 
     of the tariffs described in paragraph (1) for an additional 
     180 days. If at the end of the 180-day period the President 
     determines that China has developed and started actual 
     implementation of a plan to revalue its currency, the 
     President may delay imposition of the tariffs for an 
     additional 12 months, so that the People's Republic of China 
     shall have time to implement the plan.
       (4) Negotiations.--Beginning on the date of enactment of 
     this Act, the Secretary of the Treasury, in consultation with 
     the United States Trade Representative, shall begin 
     negotiations with the People's Republic of China to ensure 
     that the People's Republic of China adopts a process that 
     leads to a substantial upward currency revaluation within 180 
     days after the date of enactment of this Act. Because various 
     Asian governments have also been acquiring substantial 
     foreign exchange reserves in an effort to prevent 
     appreciation of their currencies for purposes of gaining an 
     unfair competitive advantage in international trade, and 
     because the People's Republic of China has concerns about the 
     value of those currencies, the Secretary shall also seek to 
     convene a multilateral summit to discuss exchange rates with 
     representatives of various Asian governments and other 
     interested parties, including representatives of other G-7 
     nations.
                                 ______
                                 
  SA 310. Mr. WARNER submitted an amendment intended to be proposed by

[[Page 5874]]

him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 274, beginning on line 21, strike ``Committees'' 
     and all that follows through ``Representatives'' on line 24 
     and insert the following: ``Committees on Foreign Relations, 
     Armed Services, and Appropriations of the Senate and the 
     Committees on International Relations, Armed Services, and 
     Appropriations of the House of Representatives''.
                                 ______
                                 
  SA 311. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 212, strike line 14 and all that follows 
     through page 218, line 2, and insert the following:
       ``Sec. 403. (a) Report on Objectives and Negotiations.--Not 
     later than April 15 of each year, the President shall submit 
     to the Speaker of the House of Representatives, the Chairman 
     of the Committee on Foreign Relations of the Senate, and the 
     Committee on Armed Services of the Senate a report prepared 
     by the Secretary of State, in consultation with the Secretary 
     of Defense, the Secretary of Energy, the Director of National 
     Intelligence, and the Chairman of the Joint Chiefs of Staff, 
     on the status of United States policy and actions with 
     respect to arms control, nonproliferation, and disarmament. 
     Such report shall include--
       ``(1) a detailed statement concerning the arms control, 
     nonproliferation, and disarmament objectives of the executive 
     branch of Government for the forthcoming year; and
       ``(2) a detailed assessment of the status of any ongoing 
     arms control, nonproliferation, or disarmament negotiations, 
     including a comprehensive description of negotiations or 
     other activities during the preceding year and an appraisal 
     of the status and prospects for the forthcoming year.
       ``(b) Report on Compliance.--Not later than April 15 of 
     each year, the President shall submit to the Speaker of the 
     House of Representatives, the Chairman of the Committee on 
     Foreign Relations of the Senate, and the Committee on Armed 
     Services of the Senate a report prepared by the Secretary of 
     State with the concurrence of the Director of the Central 
     Intelligence Agency and in consultation with the Secretary of 
     Defense, the Secretary of Energy, and the Chairman of the 
     Joint Chiefs of Staff on the status of United States policy 
     and actions with respect to arms control, nonproliferation, 
     and disarmament compliance. Such report shall include--
       ``(1) a detailed assessment of adherence of the United 
     States to obligations undertaken in arms control, 
     nonproliferation, and disarmament agreements, including 
     information on the policies and organization of each relevant 
     agency or department of the United States to ensure adherence 
     to such obligations, a description of national security 
     programs with a direct bearing on questions of adherence to 
     such obligations and of steps being taken to ensure 
     adherence, and a compilation of any substantive questions 
     raised during the preceding year and any corrective action 
     taken;
       ``(2) a detailed assessment of the adherence of other 
     nations to obligations undertaken in all arms control, 
     nonproliferation, and disarmament agreements or commitments, 
     including the Missile Technology Control Regime, to which the 
     United States is a participating state, including information 
     on actions taken by each nation with regard to the size, 
     structure, and disposition of its military forces in order to 
     comply with arms control, nonproliferation, or disarmament 
     agreements or commitments, including, in the case of each 
     agreement or commitment about which compliance questions 
     exist--
       ``(A) a description of each significant issue raised and 
     efforts made and contemplated with the other participating 
     state to seek resolution of the difficulty;
       ``(B) an assessment of damage, if any, to United States 
     security and other interests;
       ``(C) recommendations as to any steps that should be 
     considered to redress any damage to United States national 
     security and to reduce compliance problems; and
       ``(D) for states that are not parties to such agreements or 
     commitments, a description of activities of concern carried 
     out by such states and efforts underway to bring such states 
     into adherence with such agreements or commitments;
       ``(3) a discussion of any material noncompliance by foreign 
     governments with their binding commitments to the United 
     States with respect to the prevention of the spread of 
     nuclear explosive devices (as defined in section 830(4) of 
     the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 
     6305(4)) by non-nuclear-weapon states (as defined in section 
     830(5) of that Act (22 U.S.C. 6305(5)) or the acquisition by 
     such states of unsafeguarded special nuclear material (as 
     defined in section 830(8) of that Act (22 U.S.C. 6305(8)), 
     including--
       ``(A) a net assessment of the aggregate military 
     significance of all such violations;
       ``(B) a statement of the compliance policy of the United 
     States with respect to violations of those commitments; and
       ``(C) what actions, if any, the President has taken or 
     proposes to take to bring any country committing such a 
     violation into compliance with those commitments; and
       ``(4) a specific identification, to the maximum extent 
     practicable in unclassified form, of each and every question 
     that exists with respect to compliance by other countries 
     with arms control, nonproliferation, and disarmament 
     agreements and other formal commitments with the United 
     States.
       ``(c) Chemical Weapons Convention Compliance Report 
     Requirement Satisfied.--The report submitted pursuant to 
     subsection (b) shall include the information required under 
     section 2(10)(C) of Senate Resolution 75, 105th Congress, 
     agreed to April 24, 1997, advising and consenting to the 
     ratification of the Convention on the Prohibition of 
     Development, Production, Stockpiling and Use of Chemical 
     Weapons and on Their Destruction, with annexes, done at Paris 
     January 13, 1993 and entered into force April 29, 1997 
     (popularly known as the `Chemical Weapons Convention'; T.Doc. 
     103-21)
       ``(d) Classification of Report.--The reports required by 
     this section shall be submitted in unclassified form, with 
     classified annexes, as appropriate. The report portions 
     described in paragraphs (2) and (3) of subsection (b) shall 
     summarize in detail, at least in classified annexes, the 
     information, analysis, and conclusions relevant to possible 
     noncompliance by other countries that are provided by United 
     States intelligence agencies.
       ``(e) Reporting Consecutive Noncompliance.--If the 
     President in consecutive reports submitted to the Congress 
     under subsection (b) reports that any country is not in full 
     compliance with its binding nonproliferation commitments to 
     the United States, then the President shall include in the 
     second such report an assessment of what actions are 
     necessary to compensate for such violations.
       ``(f) Additional Requirement.--Each report required by 
     subsection (b) shall include a discussion of each significant 
     issue described in subsection (b)(4) that was contained in a 
     previous report issued under this section during 1995, or 
     after December 31, 1995, until the question or concern has 
     been resolved and such resolution has been reported in detail 
     to the Committee on Foreign Relations, the Committee on Armed 
     Services, and the Select Committee on Intelligence of the 
     Senate and the Committee on International Relations, the 
     Committee on Armed Services, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.''.
                                 ______
                                 
  SA 312. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 600, to authorize appropriations for the 
Department of State and international broadcasting activities for 
fiscal years 2006 and 2007, for the Peace Corps for fiscal years 2006 
and 2007, for foreign assistance programs for fiscal years 2006 and 
2007, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 277, after line 8, add the following:

        TITLE XXIX--SUPPORT FOR TRANSITION TO DEMOCRACY IN IRAN

     SEC. 2901. SHORT TITLE.

       This title may be cited as the ``Iran Freedom and Support 
     Act of 2005''.

           Subtitle A--Codification of Sanctions Against Iran

     SEC. 2911. CODIFICATION OF SANCTIONS.

       (a) Codification of Sanctions Related to Weapons of Mass 
     Destruction.--United States sanctions, controls, and 
     regulations relating to weapons of mass destruction with 
     respect to Iran, as in effect on the date of the enactment of 
     this title, shall remain in effect until the President 
     certifies to the appropriate congressional committees that 
     the Government of Iran has permanently and verifiably 
     dismantled its weapons of mass destruction programs and has 
     committed to combating the proliferation of such weapons.
       (b) No Effect on Other Sanctions Relating to Support for 
     Acts of International Terrorism.--
       (1) In general.--Notwithstanding a certification by the 
     President under subsection (a), United States sanctions, 
     controls, and regulations described in paragraph (2) as in 
     effect on the date of the enactment of this title shall 
     remain in effect.
       (2) Covered sanctions.--The sanctions, controls, and 
     regulations referred to in paragraph (1) are sanctions, 
     controls, and regulations related to determinations under 
     section 6(j)(1)(A) of the Export Administration Act of 1979 
     (as in effect pursuant to the International Emergency 
     Economic Powers

[[Page 5875]]

     Act; 50 U.S.C. 1701 et seq.), section 620A(a) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2371(a)), and section 40(d) 
     of the Arms Export Control Act (22 U.S.C. 2780(d)) regarding 
     support by the Government of Iran for acts of international 
     terrorism.

   Subtitle B--Amendments to the Iran and Libya Sanctions Act of 1996

     SEC. 2921. MULTILATERAL REGIME.

       (a) Reports to Congress.--Section 4(b) of the Iran and 
     Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended 
     to read as follows:
       ``(b) Reports to Congress.--Not later than six months after 
     the date of the enactment of the Iran Freedom and Support Act 
     of 2005 and every six months thereafter, the President shall 
     submit to the appropriate congressional committees a report 
     regarding specific diplomatic efforts undertaken pursuant to 
     subsection (a), the results of those efforts, and a 
     description of proposed diplomatic efforts pursuant to such 
     subsection. Each report shall include--
       ``(1) a list of the countries that have agreed to undertake 
     measures to further the objectives of section 3(a);
       ``(2) a description of those measures, including--
       ``(A) government actions with respect to public or private 
     entities (or their subsidiaries) located in their countries 
     that are engaged in business in Iran;
       ``(B) any decisions by the governments of such countries to 
     rescind or continue the provision of credits, guarantees, or 
     other governmental assistance to such entities; and
       ``(C) actions taken in international fora to further the 
     objectives of section 3;
       ``(3) a list of the countries that have not agreed to 
     undertake measures to further the objectives of section 3 
     with respect to Iran, and the reasons therefor; and
       ``(4) a description of any memorandums of understanding, 
     political understandings, or international agreements to 
     which the United States has acceded which affect 
     implementation of this section or section 5(a).''.
       (b) Waiver.--Section 4(c) of such Act (50 U.S.C. 1701 note) 
     is amended to read as follows:
       ``(c) Waiver.--
       ``(1) In general.--The President may, on a case by case 
     basis, waive for a period of not more than six months the 
     application of section 5(a) with respect to a national of a 
     country, if the President certifies to the appropriate 
     congressional committees at least 30 days before such waiver 
     is to take effect that--
       ``(A) such waiver is vital to the national security of the 
     United States; and
       ``(B) the country of the national has undertaken 
     substantial measures to prevent the acquisition and 
     development of weapons of mass destruction by the Government 
     of Iran.
       ``(2) Subsequent renewal of waiver.--If the President 
     determines that a renewal of a waiver is appropriate, the 
     President may, at the conclusion of the period of a waiver 
     under paragraph (1), renew such waiver for a subsequent 
     period of not more than six months.''.

     SEC. 2922. IMPOSITION OF SANCTIONS.

       (a) Sanctions With Respect to Development of Petroleum 
     Resources.--Section 5(a) of the Iran and Libya Sanctions Act 
     of 1996 (50 U.S.C. 1701 note) is amended--
       (1) in the heading, by striking ``to Iran'' and inserting 
     ``to the Development of Petroleum Resources of Iran'';
       (2) by striking ``(6)'' and inserting ``(5)''; and
       (3) by striking ``with actual knowledge,''.
       (b) Sanctions With Respect to Development of Weapons of 
     Mass Destruction or Other Military Capabilities.--Section 
     5(b) of such Act (50 U.S.C. 1701 note) is amended to read as 
     follows:
       ``(b) Mandatory Sanctions With Respect to Development of 
     Weapons of Mass Destruction or Other Military Capabilities.--
     Notwithstanding any other provision of law, the President 
     shall impose two or more of the sanctions described in 
     paragraphs (1) through (5) of section 6 if the President 
     determines that a person has, on or after the date of the 
     enactment of the Iran Freedom and Support Act of 2005, 
     exported, transferred, or otherwise provided to Iran any 
     goods, services, technology, or other items the provision of 
     which has contributed to the ability of Iran to--
       ``(1) acquire or develop chemical, biological, or nuclear 
     weapons or related technologies; or
       ``(2) acquire or develop destabilizing numbers and types of 
     advanced conventional weapons.''.
       (c) Persons Against Which the Sanctions Are to Be 
     Imposed.--Section 5(c)(2) of such Act (50 U.S.C. 1701 note) 
     is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(D) is a private or government lender, insurer, 
     underwriter, re-insurer, or guarantor of the person referred 
     to in paragraph (1) if that private or government lender, 
     insurer, underwriter, re-insurer, or guarantor, with actual 
     knowledge, engaged in the activities referred to in paragraph 
     (1).''.
       (d) Investigations.--Section 5 of such Act (50 U.S.C. 1701 
     note) is further amended by adding at the end the following 
     new subsection:
       ``(g) Investigations.--
       ``(1) In general.--Upon public or private disclosure of 
     activity related to investment in Iran by a person, the 
     President shall direct the Secretary of the Treasury to 
     initiate an investigation into the possible imposition of 
     sanctions against such person as a result of such activity, 
     to notify such person of such investigation, and to provide a 
     recommendation to the President for such purposes.
       ``(2) Determination and notification.--Not later than 90 
     days after the date of the disclosure of the activity 
     described in paragraph (1), the President shall determine 
     whether or not to impose sanctions against such person as a 
     result of such activity and shall notify the appropriate 
     congressional committees of the basis for such determination.
       ``(3) Publication.--Not later than 10 days after the 
     President notifies the appropriate congressional committees 
     under paragraph (2), the President shall ensure publication 
     in the Federal Register of--
       ``(A) the identification of the persons against which the 
     President has made a determination that the imposition of 
     sanctions is appropriate, together with an explanation for 
     such determination; and
       ``(B) the identification of the persons against which the 
     President has made a determination that the imposition of 
     sanctions is not appropriate, together with an explanation 
     for such determination.''.
       (e) Effective Date.--Sanctions imposed pursuant to the 
     amendments made by this section shall apply with respect to 
     investments made in Iran on or after the date of the 
     enactment of this title.

     SEC. 2923. TERMINATION OF SANCTIONS.

       (a) Removal of Libya Sanctions.--Section 8 of the Iran and 
     Libya Sanctions Act 1996 (50 U.S.C. 1701 note) is amended--
       (1) in subsection (a), by striking the subsection 
     designation and heading; and
       (2) by striking subsection (b).
       (b) Additional Condition for Removal of Iran Sanctions.--
     Such section, as amended by subsection (a), is further 
     amended--
       (1) in paragraph (1)(C), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) poses no threat to United States national security, 
     interests, or allies.''.

     SEC. 2924. SUNSET.

       Section 13 of the Iran and Libya Sanctions Act of 1996 (50 
     U.S.C. 1701 note) is amended--
       (1) in the section heading, by striking ``; SUNSET'';
       (2) in subsection (a), by striking the subsection 
     designation and heading; and
       (3) by striking subsection (b).

     SEC. 2925. CLARIFICATION AND EXPANSION OF DEFINITIONS.

       (a) Person.--Section 14(14)(B) of the Iran and Libya 
     Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended--
       (1) by inserting after ``trust'' the following: ``, 
     financial institution, insurer, underwriter, re-insurer, 
     guarantor''; and
       (2) by striking ``operating as a business enterprise''.
       (b) Petroleum Resources.--Section 14(15) of the Iran and 
     Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended 
     by inserting after ``includes petroleum'' the following: ``, 
     petroleum by-products,''.

                     Subtitle C--Democracy in Iran

     SEC. 2931. FINDINGS.

       Congress makes the following findings:
       (1) The people of the United States have long demonstrated 
     an interest in the well-being of the people of Iran, dating 
     back to the 1830s.
       (2) Famous Americans such as Howard Baskerville, Dr. Samuel 
     Martin, Jane E. Doolittle, and Louis G. Dreyfus, Jr., made 
     significant contributions to Iranian society by furthering 
     the educational opportunities of the people of Iran and 
     improving the opportunities of the less fortunate citizens of 
     Iran.
       (3) Iran and the United States were allies following World 
     War II, and through the late 1970s Iran was as an important 
     regional ally of the United States and a key bulwark against 
     Soviet influence.
       (4) In November 1979, following the arrival of Mohammed 
     Reza Shah Pahlavi in the United States, a mob of students and 
     extremists seized the United States Embassy in Tehran, Iran, 
     holding United States diplomatic personnel hostage until 
     January 1981.
       (5) Following the seizure of the United States Embassy, 
     Ayatollah Ruhollah Khomeini, leader of the repressive 
     revolutionary movement in Iran, expressed support for the 
     actions of the students in taking American citizens hostage.
       (6) Despite the presidential election of May 1997, an 
     election in which an estimated 91 percent of the electorate 
     participated, control of the internal and external affairs of 
     the Islamic Republic of Iran is still exercised by the courts 
     in Iran and the Revolutionary Guards, Supreme Leader, and 
     Council of Guardians of the Government of Iran.

[[Page 5876]]

       (7) The election results of the May 1997 election and the 
     high level of voter participation in that election 
     demonstrate that the people of Iran favor economic and 
     political reforms and greater interaction with the United 
     States and the Western world in general.
       (8) Efforts by the United States to improve relations with 
     Iran have been rebuffed by the Government of Iran.
       (9) The Clinton Administration eased sanctions against Iran 
     and promoted people-to-people exchanges, but the Leader of 
     the Islamic Revolution Ayatollah Ali Khamenei, the Militant 
     Clerics' Society, the Islamic Coalition Organization, and 
     Supporters of the Party of God have all opposed efforts to 
     open Iranian society to Western influences and have opposed 
     efforts to change the dynamic of relations between the United 
     States and Iran.
       (10) For the past two decades, the Department of State has 
     found Iran to be the leading sponsor of international 
     terrorism in the world.
       (11) In 1983, the Iran-sponsored Hezbollah terrorist 
     organization conducted suicide terrorist operations against 
     United States military and civilian personnel in Beirut, 
     Lebanon, resulting in the deaths of hundreds of Americans.
       (12) The United States intelligence community and law 
     enforcement personnel have linked Iran to attacks against 
     American military personnel at Khobar Towers in Saudi Arabia 
     in 1996 and to al Qaeda attacks against civilians in Saudi 
     Arabia in 2004.
       (13) According to the Department of State's Patterns of 
     Global Terrorism 2001 report, ``Iran's Islamic Revolutionary 
     Guard Corps and Ministry of Intelligence and Security 
     continued to be involved in the planning and support of 
     terrorist acts and supported a variety of groups that use 
     terrorism to pursue their goals,'' and ``Iran continued to 
     provide Lebanese Hizballah and the Palestinian rejectionist 
     groups--notably HAMAS, the Palestinian Islamic Jihad, and the 
     [Popular Front for the Liberation of Palestine-General 
     Command]--with varying amounts of funding, safehaven, 
     training and weapons.''
       (14) Iran currently operates more than 10 radio and 
     television stations broadcasting in Iraq that incite violent 
     actions against United States and coalition personnel in 
     Iraq.
       (15) The current leaders of Iran, Ayatollah Ali Khamenei 
     and Hashemi Rafsanjani, have repeatedly called upon Muslims 
     to kill Americans in Iraq and install a theocratic regime in 
     Iraq.
       (16) The Government of Iran has admitted pursuing a 
     clandestine nuclear program, which the United States 
     intelligence community believes may include a nuclear weapons 
     program.
       (17) The Government of Iran has failed to meet repeated 
     pledges to arrest and extradite foreign terrorists in Iran.
       (18) The United States Government believes that the 
     Government of Iran supports terrorists and extremist 
     religious leaders in Iraq with the clear intention of 
     subverting coalition efforts to bring peace and democracy to 
     Iraq.
       (19) The Ministry of Defense of Iran confirmed in July 2003 
     that it had successfully conducted the final test of the 
     Shahab-3 missile, giving Iran an operational intermediate-
     range ballistic missile capable of striking both Israel and 
     United States troops throughout the Middle East and 
     Afghanistan.

     SEC. 2932. DECLARATION OF CONGRESS REGARDING UNITED STATES 
                   POLICY TOWARD IRAN.

       Congress declares that it should be the policy of the 
     United States--
       (1) to support efforts by the people of Iran to exercise 
     self-determination over the form of government of their 
     country; and
       (2) to actively support a national referendum in Iran with 
     oversight by international observers and monitors to certify 
     the integrity and fairness of the referendum.

     SEC. 2933. ASSISTANCE TO SUPPORT DEMOCRACY IN IRAN.

       (a) Authorization.--The President is authorized, 
     notwithstanding any other provision of law, to provide 
     financial and political assistance (including the award of 
     grants) to foreign and domestic individuals, organizations, 
     and entities that support democracy and the promotion of 
     democracy in Iran. Such assistance may include the award of 
     grants to eligible independent pro-democracy radio and 
     television broadcasting organizations that broadcast into 
     Iran.
       (b) Sense of Congress on Eligibility for Assistance.--It is 
     the sense of Congress that financial and political assistance 
     under this section be provided to an individual, 
     organization, or entity that--
       (1) opposes the use of terrorism;
       (2) advocates the adherence by Iran to nonproliferation 
     regimes for nuclear, chemical, and biological weapons and 
     materiel;
       (3) is dedicated to democratic values and supports the 
     adoption of a democratic form of government in Iran;
       (4) is dedicated to respect for human rights, including the 
     fundamental equality of women;
       (5) works to establish equality of opportunity for people; 
     and
       (6) supports freedom of the press, freedom of speech, 
     freedom of association, and freedom of religion.
       (c) Funding.--The President may provide assistance under 
     this section using amounts made available pursuant to the 
     authorization of appropriations under subsection (g).
       (d) Notification.--Not later than 15 days before each 
     obligation of assistance under this section, and in 
     accordance with the procedures under section 634A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2394-l), the 
     President shall notify the appropriate congressional 
     committees and the Committees on Appropriations of the Senate 
     and the House of Representatives.
       (e) Sense of Congress Regarding Coordination of Policy and 
     Appointment.--It is the sense of Congress that in order to 
     ensure maximum coordination among Federal agencies, if the 
     President provides the assistance under this section, the 
     President should appoint an individual who shall--
       (1) serve as special assistant to the President on matters 
     relating to Iran; and
       (2) coordinate among the appropriate directors of the 
     National Security Council on issues regarding such matters.
       (f) Sense of Congress Regarding Diplomatic Assistance.--It 
     is the sense of Congress that--
       (1) support for a transition to democracy in Iran should be 
     expressed by United States representatives and officials in 
     all appropriate international fora;
       (2) representatives of the Government of Iran should be 
     denied access to all United States Government buildings;
       (3) efforts to bring a halt to the nuclear weapons program 
     of Iran, including steps to end the supply of nuclear 
     components or fuel to Iran, should be intensified, with 
     particular attention focused on the cooperation regarding 
     such program--
       (A) between the Government of Iran and the Government of 
     the Russian Federation; and
       (B) between the Government of Iran and individuals from 
     China, Malaysia, and Pakistan, including the network of Dr. 
     Abdul Qadeer (A. Q.) Khan; and
       (4) officials and representatives of the United States 
     should--
       (A) strongly and unequivocally support indigenous efforts 
     in Iran calling for free, transparent, and democratic 
     elections; and
       (B) draw international attention to violations by the 
     Government of Iran of human rights, freedom of religion, 
     freedom of assembly, and freedom of the press.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of State $10,000,000 to 
     carry out activities under this section.

     SEC. 2934. REPORTING REQUIREMENT REGARDING DESIGNATION OF 
                   DEMOCRATIC OPPOSITION ORGANIZATIONS.

       Not later than 15 days before designating a democratic 
     opposition organization as eligible to receive assistance 
     under section 2932, the President shall notify the 
     appropriate congressional committees and the Committees on 
     Appropriations of the Senate and the House of Representatives 
     of the proposed designation. The notification may be in 
     classified form.
                                 ______
                                 
  SA 313. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 110, between lines 4 and 5, insert the following:

     SEC. 812. SENSE OF CONGRESS ON MEMBERSHIP OF ISRAEL IN THE 
                   WESTERN EUROPEAN AND OTHERS GROUP AT THE UNITED 
                   NATIONS.

       (a) Findings.--Congress makes the following findings:
       (1) The election of member states of the United Nations to 
     the major bodies of the United Nations is determined by 
     groups organized within the United Nations, most of which are 
     organized on a regional basis.
       (2) Israel has been refused admission to the group 
     comprised of member states from the Asian geographical region 
     of the United Nations and is the only member state of the 
     United Nations that remains outside its appropriate 
     geographical region, and is thus denied full participation in 
     the day-to-day work of the United Nations.
       (3) On May 30, 2000, Israel accepted an invitation to 
     become a temporary member of the Western European and Others 
     Group of the United Nations.
       (4) On May 21, 2004, Israel's membership to the Western 
     European and Others Group was extended indefinitely.
       (5) Israel is only allowed to participate in limited 
     activities of the Western European and Others Group in the 
     New York office of the United Nations, is excluded from 
     discussions and consultations of the Group at the United 
     Nations offices in Geneva, Nairobi, Rome, and Vienna, and, 
     may not participate in United Nations conferences on human 
     rights, racism, or other issues held in such locations.
       (6) Membership in the Western European and Others Group 
     includes the non-European

[[Page 5877]]

     countries of Canada, Australia, and the United States.
       (7) Israel is linked to the member states of the Western 
     European and Others Group by strong economic, political, and 
     cultural ties.
       (8) The Western European and Others Group, the only 
     regional group of the United Nations that is not purely 
     geographical, is comprised of countries that share a western 
     democratic tradition.
       (9) Israel is a free and democratic country and its voting 
     pattern in the United Nations is consistent with that of the 
     member states of the Western European and Others Group.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the President should direct the United States Permanent 
     Representative to the United Nations to seek an immediate end 
     to the persistent and deplorable inequality experienced by 
     Israel in the United Nations;
       (2) Israel should be afforded the benefits of full 
     membership in the Western European and Others Group at the 
     United Nations and such membership would permit Israel to 
     participate fully in the United Nations system and would 
     serve the interests of the United States; and
       (3) the Secretary should submit to Congress, on a regular 
     basis, a report that describes actions taken by the United 
     States Government to encourage the member states of the 
     Western European and Others Group to accept Israel as a full 
     member of such Group and the responses of such member states 
     to those actions.
                                 ______
                                 
  SA 314. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 600, to authorize appropriations for the 
Department of State and international broadcasting activities for 
fiscal years 2006 and 2007, for the Peace Corps for fiscal years 2006 
and 2007, for foreign assistance programs for fiscal years 2006 and 
2007, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title VIII, insert the following:

     SEC. 812. ASSESSMENTS AND STRATEGIC PLANNING FOR AIDS RELIEF.

       (a) Assessments.--
       (1) Requirement.--Not later than 90 days after the date of 
     the enactment of this Act, the Coordinator of United States 
     Government Activities to Combat HIV/AIDS Globally shall carry 
     out an assessment of health sector workforce capacity in each 
     of the countries described in section 1(f)(2)(B)(ii)(VII) of 
     the State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2651a(f)(2)(B)(ii)(VII)). Each such assessment shall include 
     a description of--
       (A) the health sector workforce capacity required by the 
     country to reach the goals of the United States Leadership 
     Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 
     U.S.C. 7601 et seq.) by 2008; and
       (B) the health sector human resources required to meet 
     internationally recognized goals related to infectious 
     disease prevention and the promotion of maternal and child 
     health.
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Coordinator shall submit to the 
     appropriate congressional committees the assessments required 
     by paragraph (1).
       (b) Strategic Plan.--
       (1) Requirement.--The Coordinator of United States 
     Government Activities to Combat HIV/AIDS Globally shall, in 
     consultation with national governments and international 
     donors, propose a strategic plan for each of the countries 
     described in subsection (a)(1) to improve the health sector 
     workforce capacity of each such country to enable each such 
     country to meet the goals of the United States Leadership 
     Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 that 
     are related to disease prevention, care, and treatment 
     without diverting health care personnel from other primary 
     health priorities. Each such plan should include a 
     description of initiatives that could be carried out in the 
     country to--
       (A) retain health care staff;
       (B) recruit and train health care workers;
       (C) strengthen public health infrastructure; and
       (D) extend services related to HIV/AIDS to under served 
     areas.
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Coordinator shall submit to the 
     appropriate congressional committees the strategic plans 
     required by paragraph (1).
                                 ______
                                 
  SA 315. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 1268, Making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes; 
which was referred to the Committee on Appropriations; as follows:

       At the appropriate place, insert the following:

     SEC. __. SECOND SUPPLIER TO THE ARMY OF SECURE TYPE-1 MULTI-
                   BAND, HAND-HELD RADIO SYSTEMS.

       (a) Identification of Second Supplier.--(1) The Secretary 
     of the Army shall identify a person or entity who, as of 
     September 15, 2005, has the capacity to act as an independent 
     second supplier to the Army of secure type-1 multi-band, 
     hand-held radio systems.
       (2) Any person or entity identified under paragraph (1) 
     shall have the capacity to fulfill any requirements 
     applicable to the accelerated fielding of Joint Tactical 
     Radio System (JTRS) technology.
       (b) Report on Plan To Contract With Second Supplier.--Not 
     later than November 15, 2005, the Secretary shall submit to 
     the congressional defense committees a report setting forth 
     the plans of the Secretary to enter into a contract with the 
     person or entity identified under subsection (a) for the 
     supply to the Army of secure type-1 multi-band, hand-held 
     radio systems.
                                 ______
                                 
  SA 316. Mr. NELSON of Florida (for himself and Mr. Corzine) submitted 
an amendment intended to be proposed by him to the bill H.R. 1268, 
Making emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
to prevent terrorists from abusing the asylum laws of the United 
States, to unify terrorism-related grounds for inadmissibility and 
removal, to ensure expeditious construction of the San Diego border 
fence, and for other purposes; which was referred to the Committee on 
Appropriations; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR 
                   ANNUITIES BY DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

       (a) Repeal.--Subchapter II of chapter 73 of title 10, 
     United States Code is amended--
       (1) in section 1450(c)(1), by inserting after ``to whom 
     section 1448 of this title applies'' the following: ``(except 
     in the case of a death as described in subsection (d) or (f) 
     of such section)''; and
       (2) in section 1451(c)--
       (A) by striking paragraph (2); and
       (B) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (b) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person for any period before the effective 
     date provided under subsection (e) by reason of the 
     amendments made by subsection (a).
       (c) Prohibition on Recoupment of Certain Amounts Previously 
     Refunded to SBP Recipients.--A surviving spouse who is or has 
     been in receipt of an annuity under the Survivor Benefit Plan 
     under subchapter II of chapter 73 of title 10, United States 
     Code, that is in effect before the effective date provided 
     under subsection (e) and that is adjusted by reason of the 
     amendments made by subsection (a) and who has received a 
     refund of retired pay under section 1450(e) of title 10, 
     United States Code, shall not be required to repay such 
     refund to the United States.
       (d) Reconsideration of Optional Annuity.--Section 
     1448(d)(2) of title 10, United States Code, is amended by 
     adding at the end the following new sentences: ``The 
     surviving spouse, however, may elect to terminate an annuity 
     under this subparagraph in accordance with regulations 
     prescribed by the Secretary concerned. Upon such an election, 
     payment of an annuity to dependent children under this 
     subparagraph shall terminate effective on the first day of 
     the first month that begins after the date on which the 
     Secretary concerned receives notice of the election, and, 
     beginning on that day, an annuity shall be paid to the 
     surviving spouse under paragraph (1) instead.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the later of--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted.

     SEC. __. EFFECTIVE DATE FOR PAID-UP COVERAGE UNDER SURVIVOR 
                   BENEFIT PLAN.

       Section 1452(j) of title 10, United States Code, is amended 
     by striking ``October 1, 2008'' and inserting ``October 1, 
     2005''.
                                 ______
                                 
  SA 317. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 600, to authorize appropriations for the 
Department of State and International broadcasting activities for 
fiscal years 2006 and 2007, for the Peace Corps for fiscal years 2006 
and 2007, for foreign assistance programs for fiscal years 2006 and 
2007, and for other purposes; as follows:


[[Page 5878]]

     ``SEC.   . UN HEADQUARTERS RENOVATION.

       (a) Limitation.--Notwithstanding any other provision of 
     law, no loan in excess of $600,000,000 may be made available 
     by the United States for renovation of the United Nations 
     headquarters building, located in New York, New York.
       (b) Reporting Requirement.--Any such loan shall be 
     contingent upon the satisfactory submission, by the 
     Secretary-General of the United Nations, of a report to 
     Congress containing a detailed analysis of the United Nations 
     headquarters renovation.
                                 ______
                                 
  SA 318. Mr. DODD (for himself and Mr. Lieberman) proposed an 
amendment to the bill S. 600, to authorize appropriations for the 
Department of State and international broadcasting activities for 
fiscal years 2006 and 2007, for the Peace Corps for fiscal years 2006 
and 2007, for foreign assistance programs for fiscal years 2006 and 
2007, and for other purposes; as follows:

       At the end of subtitle B of title XXII, add the following:

     SEC. 2239. APPLICABILITY OF ARMS EXPORT CONTROL ACT 
                   REQUIREMENTS TO VHXX EXECUTIVE HELICOPTER 
                   PROGRAM.

       (a) Treatment as Cooperative Project.--The VHXX Executive 
     Helicopter Program (also known as the Marine One Presidential 
     Helicopter Program) shall be treated as a cooperative project 
     for purposes of the Arms Export Control Act (22 U.S.C. 2751 
     et seq.) as authorized under section 27 of that Act (22 
     U.S.C. 2767).
       (b) Licensing and Notice Requirements.--
       (1) In general.--Any licensing and notice to Congress 
     requirements that apply to the sale of defense articles and 
     services under the Arms Export Control Act shall apply to any 
     foreign production (including the export of technical data 
     related thereto) under the VHXX Executive Helicopter Program 
     without regard to any dollar threshold or limitation that 
     would otherwise limit the applicability of such requirements 
     to such production under that Act.
       (2) Notice to congress.--Notwithstanding the treatment of 
     the VHXX Executive Helicopter Program as a cooperative 
     project for purposes of the Arms Export Control Act under 
     subsection (a), section 27(g) of that Act (22 U.S.C. 2767(g)) 
     shall not be applicable to the program, and the notice 
     requirements of subsections (b) and (c) of section 36 of that 
     Act (22 U.S.C. 2776) shall be complied with in the issuance 
     of any letters of offer or licenses for the program as 
     required by paragraph (1).
       (c) Limitation on Issuance of Licenses.--No license may be 
     issued under the Arms Export Control Act for any portion of 
     the VHXX Executive Helicopter Program, including research and 
     development and the sharing of technical data relating to the 
     program, until each participant in the program agrees, in 
     writing, not to enter into any contract, or otherwise do any 
     business, with any party who is subject to the jurisdiction 
     of a country that supports international terrorism for five 
     years after the date of the completion of the participation 
     of such participant in the program.
       (d) Country That Supports International Terrorism 
     Defined.--In this section, the term ``country that supports 
     international terrorism'' means any country whose government 
     has repeatedly provided support for acts of international 
     terrorism for purposes of either of the provisions of law as 
     follows:
       (1) Section 6(j) of the Export Administration Act of 1979 
     (50 U.S.C. App. 2405(j)).
       (2) Section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371).
                                 ______
                                 
  SA 319. Mr. ENSIGN proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       At the end of the bill, add the following:

                TITLE XXIX--PEACEFUL TRANSITION IN CUBA

     SEC. 2901. SHORT TITLE.

       This title may be cited as the ``Cuba Transition Act of 
     2005''.

     SEC. 2902. FINDINGS.

       Congress makes the following findings:
       (1) The Cuban people are seeking change in their country, 
     including through the Varela Project, independent journalist 
     activity, and other civil society initiatives.
       (2) Civil society groups and independent, self-employed 
     Cuban citizens will be essential to the consolidation of a 
     genuine and effective transition to democracy from an 
     authoritarian, communist government in Cuba, and therefore 
     merit increased international assistance.
       (3) The people of the United States support a policy of 
     proactively helping the Cuban people to establish a 
     democratic system of government, including supporting Cuban 
     citizen efforts to prepare for transition to a better and 
     more prosperous future.
       (4) The Inter-American Democratic Charter adopted by the 
     General Assembly of the Organization of American States (OAS) 
     provides both guidance and mechanisms for response by OAS 
     members to the governmental transition in Cuba and that 
     country's eventual reintegration into the inter-American 
     system.
       (5) United States Government support of pro-democracy 
     elements in Cuba and planning for the transition in Cuba is 
     essential for the identification of resources and mechanisms 
     that can be made available immediately in response to 
     profound political and economic changes on the island.
       (6) Consultations with democratic development institutions 
     and international development agencies regarding Cuba are a 
     critical element in the preparation of an effective 
     multilateral response to the transition in Cuba.

     SEC. 2903. PURPOSES.

       The purposes of this title are as follows:
       (1) To support multilateral efforts by the countries of the 
     Western Hemisphere in planning for a transition of the 
     government in Cuba and the return of that country to the 
     Western Hemisphere community of democracies.
       (2) To encourage the development of an international group 
     to coordinate multilateral planning to a transition of the 
     government in Cuba.
       (3) To authorize funding for programs to assist the Cuban 
     people and independent nongovernmental organizations in Cuba 
     in preparing the groundwork for a peaceful transition of 
     government in Cuba.
       (4) To provide the President with funding to implement 
     assistance programs essential to the development of a 
     democratic government in Cuba.

     SEC. 2904. DEFINITIONS.

       In this title:
       (1) Democratically elected government in cuba.--The term 
     ``democratically elected government in Cuba'' has the meaning 
     given the term in section 4 of the Cuban Liberty and 
     Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 
     6023).
       (2) Transition government in cuba.--The term ``transition 
     government in Cuba'' has the meaning given the term in 
     section 4 of the Cuban Liberty and Democratic Solidarity 
     (LIBERTAD) Act of 1996 (22 U.S.C. 6023).

     SEC. 2905. DESIGNATION OF COORDINATOR FOR CUBA TRANSITION.

       (a) In General.--The Secretary of State shall designate, 
     within the Department of State, a coordinator who shall be 
     responsible for--
       (1) designing an overall strategy to coordinate 
     preparations for, and a response to, a transition in Cuba;
       (2) coordinating assistance provided to the Cuban people in 
     preparation for a transition in Cuba;
       (3) coordinating strategic support for the consolidation of 
     a political and economic transition in Cuba;
       (4) ensuring program and policy coordination among agencies 
     of the United States Government in carrying out the policies 
     set forth in this title; and
       (5) pursuing coordination with other countries and 
     international organizations, including international 
     financial institutions, with respect to assisting a 
     transition in Cuba.
       (b) Rank and Status of the Transition Coordinator.--The 
     coordinator designated in subsection (a) shall have the rank 
     and status of ambassador.

     SEC. 2906. MULTILATERAL INITIATIVES RELATED TO CUBA.

       The Secretary of State is authorized to designate up to 
     $5,000,000 of total amounts made available for contributions 
     to international organizations to be provided to the 
     Organization of American States for--
       (1) Inter-American Commission on Human Rights activities 
     relating to the situation of human rights in Cuba; and
       (2) the funding of an OAS emergency fund for the deployment 
     of human rights observers, election support, and election 
     observation in Cuba as described in section 109(b) of the 
     Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 
     1996 (22 U.S.C. 6039(b)(1)).

     SEC. 2907. SENSE OF CONGRESS.

       (a) Sense of Congress Regarding Consultation With Western 
     Hemisphere.--It is the sense of Congress that the President 
     should begin consultation, as appropriate, with governments 
     of other Western Hemisphere countries regarding a transition 
     in Cuba.
       (b) Sense of Congress Regarding Other Consultations.--It is 
     the sense of Congress that the President should begin 
     consultations with appropriate international partners and 
     governments regarding a multilateral diplomatic and financial 
     support program for response to a transition in Cuba.

     SEC. 2908. ASSISTANCE PROVIDED TO THE CUBAN PEOPLE IN 
                   PREPARATION FOR A TRANSITION IN CUBA.

       (a) Authorization.--Notwithstanding any other provision of 
     law other than section 634A of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2394-1) and comparable notification 
     requirements contained in any Act making appropriations for 
     foreign operations, export financing, and related programs, 
     the President is authorized to furnish an amount not to 
     exceed $15,000,000 in assistance and provide other support 
     for individuals and independent nongovernmental organizations 
     to

[[Page 5879]]

     support democracy-building efforts for Cuba, including 
     assistance for--
       (1) political prisoners and members of their families;
       (2) persons persecuted or harassed for dissident 
     activities;
       (3) independent libraries;
       (4) independent workers' rights activists;
       (5) independent agricultural cooperatives;
       (6) independent associations of self-employed Cubans;
       (7) independent journalists;
       (8) independent youth organizations;
       (9) independent environmental groups;
       (10) independent economists, medical doctors, and other 
     professionals;
       (11) establishing and maintaining an information and 
     resources center to be in the United States interests section 
     in Havana, Cuba;
       (12) prodemocracy programs of the National Endowment for 
     Democracy related to Cuba;
       (13) nongovernmental programs to facilitate access to the 
     Internet, subject to section 102(g) of the Cuban Liberty and 
     Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 
     6032(g));
       (14) nongovernmental charitable programs that provide 
     nutrition and basic medical care to persons most at risk, 
     including children and elderly persons; and
       (15) nongovernmental charitable programs to reintegrate 
     into civilian life persons who have abandoned, resigned, or 
     been expelled from the Cuban armed forces for ideological 
     reasons.
       (b) Definitions.--In this section:
       (1) Independent nongovernmental organization.--The term 
     ``independent nongovernmental organization'' means an 
     organization that the Secretary of State determines, not less 
     than 15 days before any obligation of funds to the 
     organization, is a charitable or nonprofit nongovernmental 
     organization that is not an agency or instrumentality of the 
     Cuban Government.
       (2) Eligible cuban recipients.--The term ``eligible Cuban 
     recipients'' is limited to any Cuban national in Cuba, 
     including political prisoners and their families, who are not 
     officials of the Cuban Government or of the ruling political 
     party in Cuba, as defined in section 4(10) of the Cuban 
     Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 
     U.S.C. 6023(10)).

     SEC. 2909. SUPPORT FOR A TRANSITION GOVERNMENT IN CUBA.

       (a) Authorization of Appropriations.--In addition to funds 
     otherwise available for such purposes, there are authorized 
     to be appropriated such sums as are necessary to the 
     President to establish a fund to provide assistance to a 
     transition government in Cuba as defined in section 4(14) of 
     the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 
     1996 (22 U.S.C. 6023(14)).
       (b) Designation of Fund.--The fund authorized in subsection 
     (a) shall be known as the ``Fund for a Free Cuba''.
       (c) Availability of Funds.--Amounts appropriated pursuant 
     to subsection (a) are authorized to remain available until 
     expended.
                                 ______
                                 
  SA 320. Mr. ENSIGN proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       At the end of title IV, add the following:

     SEC. 405. PROHIBITION OF WAR CRIMES PROSECUTION.

       (a) In General.--Chapter 118 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2442. International criminal court

       ``(a) Offense.--Except as provided in subsection (b), it 
     shall be unlawful for any person, acting under the authority 
     of the International Criminal Court, another international 
     organization, or a foreign government, to knowingly indict, 
     apprehend, detain, prosecute, convict, or participate in the 
     imposition or carrying out of any sentence or other penalty 
     on, any American in connection with any proceeding by or 
     before the International Criminal Court, another 
     international organization, or a foreign government in which 
     that American is accused of a war crime.
       ``(b) Exception.--Subsection (a) shall not apply in 
     connection with a criminal proceeding instituted by the 
     government of a foreign country within the courts of such 
     country with respect to a war crime allegedly committed--
       ``(1) on territory subject to the sovereign jurisdiction of 
     such government; or
       ``(2) against persons who were nationals of such country at 
     the time that the war crime is alleged to have been 
     committed.
       ``(c) Criminal Penalty.--
       ``(1) In general.--Any person who violates subsection (a) 
     shall be fined not more than $5,000,000, imprisoned as 
     provided in paragraph (2), or both.
       ``(2) Prison sentence.--The maximum term of imprisonment 
     for an offense under this section is the greater of--
       ``(A) 5 years; or
       ``(B) the maximum term that could be imposed on the 
     American in the criminal proceeding described in subsection 
     (a) with respect to which the violation took place.
       ``(d) Extraterritorial Jurisdiction.--There is 
     extraterritorial jurisdiction over an offense under this 
     section.
       ``(e) Civil Remedy.--Any person who is aggrieved by a 
     violation under subsection (a) may, in a civil action, obtain 
     appropriate relief, including--
       ``(1) punitive damages; and
       ``(2) a reasonable attorney's fee as part of the costs.
       ``(f) Definitions.--In this section--
       ``(1) the term `American' means any citizen or national of 
     the United States, or any other person employed by or working 
     under the direction of the United States Government;
       ``(2) the term `indict' includes--
       ``(A) the formal submission of an order or request for the 
     prosecution or arrest of a person; and
       ``(B) the issuance of a warrant or other order for the 
     arrest of a person,
     by an official of the International Criminal Court, another 
     international organization, or a foreign government;
       ``(3) the term `International Criminal Court' means the 
     court established by the Rome Statute of the International 
     Criminal Court adopted by the United Nations Diplomatic 
     Conference of Plenipotentiaries on the Establishment of and 
     International Criminal Court on July 17, 1998; and
       ``(4) the term `war crime' means--
       ``(A) any offense now cognizable before the International 
     Criminal Court; and
       ``(B) any offense hereafter cognizable before the 
     International Criminal Court, effective on the date such 
     offense becomes cognizable before such court.''.
       (b) Clerical Amendment.--The table of sections in chapter 
     118 of title 18, United States Code, is amended by adding at 
     the end the following:

``Sec. 2442. International criminal court.''.
                                 ______
                                 
  SA 321. Mr. ENSIGN proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       On page 59, between lines 4 and 5, insert the following new 
     section:

     SEC. 405. UNITED NATIONS OFFICE OF THE INSPECTOR GENERAL.

       (a) Withholding of Portion of Certain Assessed 
     Contributions.--Twenty percent of the funds made available in 
     each fiscal year under section lO2(a) for the assessed 
     contribution of the United States to the United Nations shall 
     be withheld from obligation and expenditure until a 
     certification is made under subsection (b).
       (b) Certification.--A certification under this subsection 
     is a certification by the Secretary in the fiscal year 
     concerned that the following conditions are satisfied:
       (1) Actions by the united nations.--
       (A) The United Nations has met the requirements of 
     paragraphs (1) through (6) of section 401(b) of the Foreign 
     Relations Authorization Act, Fiscal Years 1994 and 1995 
     (Public Law 103-236; 108 Stat. 446).
       (B) The Office of Internal Oversight Services has fulfilled 
     the directive in General Assembly Resolution 48/218B to make 
     all of its reports available to the General Assembly, with 
     modifications to those reports that would violate 
     confidentiality or the due process rights of individuals 
     involved in any investigation.
       (C) The Office of Internal Oversight Services has an 
     independent budget that does not require the approval of the 
     United Nations Budget Office.
       (2) Actions by the oios.--The Office of Internal Oversight 
     Service has authority to. audit, inspect, or investigate each 
     program, project, or activity funded by the United Nations, 
     and each executive board created under the United Nations has 
     been notified in writing of that authority.
                                 ______
                                 
  SA 322. Mr. ENSIGN proposed an amendment to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; as follows:

       On page 11, line 15, striking ``There'' and insert the 
     following:
       (1) Authorization of appropriations.--There
       On page 11, between lines 23 and 24, insert the following:
       (2) No growth budget.--Of the amounts appropriated pursuant 
     to the authorization of appropriations in paragraph (1), 
     $80,000,000 shall be withheld for each of the calendar years 
     2006 and 2007 unless the Secretary submits a certification to 
     the appropriate congressional committees for each such 
     calendar year that states that the United Nations has taken 
     no action during the preceding calendar year to increase 
     funding for

[[Page 5880]]

     any United Nations program without identifying an offsetting 
     decrease elsewhere in the United Nations budget during that 
     calendar year and that for such calendar years the United 
     Nations will not exceed the spending limits of the initial 
     2004-2005 United Nations biennium budget adopted in December, 
     2003.
                                 ______
                                 
  SA 323. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert:
       Whereas in 2000, the United Nations, with strong backing by 
     the United States, created the Special Court for Sierra Leone 
     to prosecute persons who have committed and ``bear the 
     greatest responsibility'' for war crimes, crimes against 
     humanity, other serious violations of international 
     humanitarian law, and other atrocities that occurred in 
     Sierra Leone during that country's brutal civil war during 
     the period after November 30, 1996;
       Whereas United Nations Security Council resolution 1315 
     stated that the Security Council is ``[d]eeply concerned at 
     the various serious crimes committed within the territory of 
     Sierra Leone against the people of Sierra Leone . . . [and 
     that] the international community will exert every effort to 
     bring those responsible to justice . . .''
       Whereas on June 4, 2003, the Special Court for Sierra Leone 
     unsealed an indictment issued on March 3, 2003, against 
     Charles Ghankay Taylor, former President of the Republic of 
     Liberia, charging him with seventeen counts of war crimes, 
     crimes against humanity, and other violations of 
     international humanitarian law;
       Whereas, INTERPOL, of which Nigeria is a member, issued a 
     Red Notice for Mr. Taylor for ``crimes against humanity'' and 
     ``grave breaches of the 1949 Geneva Convention.''
       Whereas on August 11, 2003, Charles Taylor departed Liberia 
     for Calabar, Nigeria, where he was granted asylum and, 
     according to press reports, agreed to end his involvement in 
     Liberian politics;
       Whereas in September 2003 the Government of the Federal 
     Republic of Nigeria warned Taylor that it would ``not 
     tolerate any breach of this condition and others which forbid 
     him from engaging in active communications with anyone 
     engaged in political, illegal or governmental activities in 
     Liberia'';
       Whereas, Jacques Klein, the UN Representative charged with 
     rebuilding Liberia, reported that Charles Taylor has broken 
     the terms of his exile by stating: ``We know that there are 
     people who commute basically between Monrovia and where 
     [Taylor] is . . . Now, he's no longer giving the guidance he 
     did by telephone, for obvious reasons, but the messengers 
     still go back and forth. And so he still is a cloud that 
     hangs over much of what we do.''
       Whereas the job of promoting regional peace and security 
     cannot be completed until Mr. Taylor appears before the 
     Special Court for Sierra Leone to answer to the charges 
     against him.
       Now, therefore, be it
       Resolved, That--
       (1) it is the sense of the Senate that--
       (A) the United States shall use its voice and vote at the 
     United Nations Security Council to bring about the transfer 
     of Charles Taylor to the Special Court for Sierra Leone.
       (B) The actions called for in subsection (A) include 
     supporting a Chapter VII Security Council resolution that 
     would provide for the immediate transfer of Charles Taylor.
       (2) the Senate urges the United States government to 
     formulate a comprehensive, inter-agency strategy, consistent 
     with section 585 of Public Law 108-447, aimed at bringing 
     about the transfer of Charles Taylor well before the Liberian 
     elections scheduled to occur in fall, 2005.
                                 ______
                                 
  SA 324. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in the bill, insert the following:


                      PROTECTION OF THE GALAPAGOS

       Sec.   . (a) Findings.--The Senate makes the following 
     findings--
       (1) The Galapagos Islands are a global treasure and World 
     Heritage Site, and the future of the Galapagos is in the 
     hands of the Government of Ecuador;
       (2) The world depends on the Government of Ecuador to 
     implement the necessary policies and programs to ensure the 
     long term protection of the biodiversity of the Galapagos, 
     including enforcing the Galapagos Special Law;
       (3) There are concerns with the leadership of the Galapagos 
     National Park Service and that the biodiversity of the 
     Galapagos and the Marine Reserve are not being properly 
     managed or adequately protected; and
       (4) The Government of Ecuador has reportedly given 
     preliminary approval for commercial airplane flights to the 
     Island of Isabela, which may cause irreparable harm to the 
     biodiversity of the Galapagos, and has allowed the export of 
     fins from sharks caught accidentally in the Marine Reserve, 
     which may encourage illegal fishing.
       (b) Whereas, now therefore, be it
       Resolved, that--
       (1) the Senate strongly encourages the Government of 
     Ecuador to--
       (A) refrain from taking any action that could cause harm to 
     the biodiversity of the Galapagos or encourage illegal 
     fishing in the Marine Reserve;
       (B) abide by the agreement to select the Directorship of 
     the Galapagos National Park Service though a transparent 
     process based on merit as previously agreed by the Government 
     of Ecuador, international donors, and nongovernmental 
     organizations; and
       (C) enforce the Galapagos Special Law in its entirety, 
     including the governance structure defined by the law to 
     ensure effective control of migration to the Galapagos and 
     sustainable fishing practices, and prohibit long-line fishing 
     which threatens the survival of shark and marine turtle 
     populations.
       (2) The Department of State should--
       (A) emphasize to the Government of Ecuador the importance 
     the United States gives to these issues; and
       (B) offer assistance to implement the necessary policies 
     and programs to ensure the long term protection of the 
     biodiversity of the Galapagos and the Marine Reserve and to 
     sustain the livelihoods of the Galapagos population who 
     depend on the marine ecosystem for survival.
                                 ______
                                 
  SA 325. Mr. DODD (for himself and Mr. Leahy) submitted an amendment 
intended to be proposed by him to the bill S. 600, to authorize 
appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle A of title XXI, add the following:

     SEC. 2227. INTERNATIONAL MILITARY EDUCATION AND TRAINING 
                   ASSISTANCE FOR LATIN AMERICA COUNTRIES NOT 
                   ENTERING INTO AGREEMENTS UNDER ARTICLE 98 OF 
                   THE ROME STATUTE.

       Section 2007 of the American Service-
     members' Protection Act of 2002 (22 U.S.C. 7426) is amended 
     by adding at the end the following new section:
       ``(e) Additional Exemption.--
       ``(1) Exemption.--The prohibition of subsection (a) shall 
     not apply to the provision of assistance under chapter 5 of 
     part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 
     et seq.), relating to International Military Education and 
     Training, to a country in Latin America that is a party to 
     the International Criminal Court, notwithstanding the lack of 
     agreement between the United States and such country pursuant 
     to Article 98 of the Rome Statute as described in subsection 
     (c).
       ``(2) Country in latin america defined.--In this 
     subsection, the term `country in Latin America' means any 
     country which is a participating member of the Organization 
     of American States and that, but for this section, is 
     eligible for assistance under chapter 5 of part II of the 
     Foreign Assistance Act of 1961, relating to International 
     Military Education and Training.''.
                                 ______
                                 
  SA 326. Ms. SNOWE (for herself and Mr. Coleman) submitted an 
amendment intended to be proposed by her to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title VII, insert the following:

     SEC. 712. SMALL BUSINESS CONTRACTING IN OVERSEAS 
                   PROCUREMENTS.

       (a) Congressional Findings and Reaffirmation of Existing 
     Policy.--
       (1) Findings.--Congress finds that--
       (A) small business contracting in support of overseas 
     activities of the Federal Government strengthens the trade 
     posture of the United States in the global marketplace;
       (B) small business contractors are a vital component of the 
     civilian and defense industrial base, and they have provided 
     outstanding value in support of the activities of the Federal 
     Government domestically and internationally, especially in 
     the international reconstruction, stabilization, and

[[Page 5881]]

     assistance activities in the Global War on Terror;
       (C) maintaining a vital small business industrial base 
     protects the Federal Government from higher costs and reduced 
     innovation that accompany undue consolidation of Government 
     contracts;
       (D) Congress has a strong interest in preserving the 
     competitive nature of the Government contracting marketplace, 
     particularly with regard to performance of Federal contracts 
     and subcontracts overseas;
       (E) small business contractors suffer competitive harm and 
     the Federal Government suffers a needless reduction in 
     competition and a needless shrinkage of its industrial base 
     when Federal agencies exempt contracts and subcontracts 
     awarded for performance overseas from the application of the 
     Small Business Act;
       (F) small businesses desiring to support the troops 
     deployed in the Global War on Terror and the reconstruction 
     of Iraq and Afghanistan have faced needless hurdles to 
     meaningful participation in Government contracts and 
     subcontracts; and
       (G) Congress has a strong interest in holding large prime 
     contractors accountable for fulfilling their subcontracting 
     plans on overseas assistance and reconstruction projects.
       (2) Reaffirmation of policy.--In light of the findings in 
     subparagraph (A), Congress reaffirms its policy contained in 
     sections 2 and 15 of the Small Business Act (15 U.S.C. 631, 
     644) and section 302 of the Small Business Economic Policy 
     Act of 1980 (15 U.S.C. 631a) to promote international 
     competitiveness of United States small businesses and to 
     ensure that small business concerns are awarded a fair 
     portion of all Federal prime contracts, and subcontracts, 
     regardless of geographic area.
       (b) Compliance.--Not later than 270 days after the date of 
     enactment of this Act, the head of each Federal agency, 
     office, and department having jurisdiction over acquisition 
     regulations shall conduct regulatory reviews to ensure that 
     such regulations require compliance with the Small Business 
     Act in Federal prime contracts and subcontracts, regardless 
     of the geographic place of award or performance, and shall 
     promulgate any necessary conforming changes to such 
     regulations.
       (c) Cooperation With the Small Business Administration.--
     The Administrator and the Chief Counsel for Advocacy of the 
     Small Business Administration shall be consulted for 
     recommendations concerning regulatory reviews and changes 
     required by this section.
       (d) Conflicting Provisions of Law.--In conducting any 
     regulatory review or promulgating any changes required by 
     this section, due note and recognition shall be given to the 
     specific requirements and procedures of any other Federal 
     statute or treaty which may exempt any Federal prime contract 
     or subcontract from the application of the Small Business Act 
     in whole or in part.
       (e) Report to Congressional Committees.--Not later than 1 
     year after the date of enactment of this Act, the 
     Administrator and the Chief Counsel for Advocacy of the Small 
     Business Administration shall submit to the Committee on 
     Small Business and Entrepreneurship of the Senate and to the 
     Committee on Small Business of the House of Representatives a 
     report containing their views on the compliance status of 
     Federal agencies, offices, and departments in carrying out 
     this section.
                                 ______
                                 
  SA 327. Ms. SNOWE (for herself and Mr. Coleman) submitted an 
amendment intended to be proposed by her to the bill S. 600, to 
authorize appropriations for the Department of State and international 
broadcasting activities for fiscal years 2006 and 2007, for the Peace 
Corps for fiscal years 2006 and 2007, for foreign assistance programs 
for fiscal years 2006 and 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title VII, insert the following:

     SEC. 712. SMALL BUSINESS CONTRACTING IN OVERSEAS 
                   PROCUREMENTS.

       (a) Congressional Findings and Reaffirmation of Existing 
     Policy.--
       (1) Findings.--Congress finds that--
       (A) small business contracting in support of overseas 
     activities of the Federal Government strengthens the trade 
     posture of the United States in the global marketplace;
       (B) small business contractors are a vital component of the 
     civilian and defense industrial base, and they have provided 
     outstanding value in support of the activities of the Federal 
     Government domestically and internationally, especially in 
     the international reconstruction, stabilization, and 
     assistance activities in the Global War on Terror;
       (C) maintaining a vital small business industrial base 
     protects the Federal Government from higher costs and reduced 
     innovation that accompany undue consolidation of Government 
     contracts;
       (D) Congress has a strong interest in preserving the 
     competitive nature of the Government contracting marketplace, 
     particularly with regard to performance of Federal contracts 
     and subcontracts overseas;
       (E) small business contractors suffer competitive harm and 
     the Federal Government suffers a needless reduction in 
     competition and a needless shrinkage of its industrial base 
     when Federal agencies exempt contracts and subcontracts 
     awarded for performance overseas from the application of the 
     Small Business Act;
       (F) small businesses desiring to support the troops 
     deployed in the Global War on Terror and the reconstruction 
     of Iraq and Afghanistan have faced needless hurdles to 
     meaningful participation in Government contracts and 
     subcontracts; and
       (G) Congress has a strong interest in holding large prime 
     contractors accountable for fulfilling their subcontracting 
     plans on overseas assistance and reconstruction projects.
       (2) Reaffirmation of policy.--In light of the findings in 
     subparagraph (A), Congress reaffirms its policy contained in 
     sections 2 and 15 of the Small Business Act (15 U.S.C. 631, 
     644) and section 302 of the Small Business Economic Policy 
     Act of 1980 (15 U.S.C. 631a) to promote international 
     competitiveness of United States small businesses and to 
     ensure that small business concerns are awarded a fair 
     portion of all Federal prime contracts, and subcontracts, 
     regardless of geographic area.
       (b) Compliance.--Not later than 270 days after the date of 
     enactment of this Act, the head of each Federal agency, 
     office, and department having jurisdiction over acquisition 
     regulations shall conduct regulatory reviews to ensure that 
     such regulations require compliance with the Small Business 
     Act in Federal prime contracts and subcontracts, regardless 
     of the geographic place of award or performance, and shall 
     promulgate any necessary conforming changes to such 
     regulations.
       (c) Cooperation With the Small Business Administration.--
     The Administrator and the Chief Counsel for Advocacy of the 
     Small Business Administration shall be consulted for 
     recommendations concerning regulatory reviews and changes 
     required by this section.
       (d) Conflicting Provisions of Law.--In conducting any 
     regulatory review or promulgating any changes required by 
     this section, due note and recognition shall be given to the 
     specific requirements and procedures of any other Federal 
     statute or treaty which may exempt any Federal prime contract 
     or subcontract from the application of the Small Business Act 
     in whole or in part.
       (e) Report to Congressional Committees.--Not later than 1 
     year after the date of enactment of this Act, the 
     Administrator and the Chief Counsel for Advocacy of the Small 
     Business Administration shall submit to the Committee on 
     Small Business and Entrepreneurship of the Senate and to the 
     Committee on Small Business of the House of Representatives a 
     report containing their views on the compliance status of 
     Federal agencies, offices, and departments in carrying out 
     this section.
                                 ______
                                 
  SA 328. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 600, to authorize appropriations for the 
Department of State and international broadcasting activities for 
fiscal years 2006 and 2007, for the Peace Corps for fiscal years 2006 
and 2007, for foreign assistance programs for fiscal years 2006 and 
2007, and for other purposes; which was ordered to lie on the table; as 
follows:

       In section 105(a), strike ``$10,000,000'' and insert 
     ``$18,000,000''.
                                 ______
                                 
  SA 329. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 600, to authorize appropriations for the 
Department of State and international broadcasting activities for 
fiscal years 2006 and 2007, for the Peace Corps for fiscal years 2006 
and 2007, for foreign assistance programs for fiscal years 2006 and 
2007, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title XXV, add the following:

     SEC. 2523. CONDITIONS ON ANY SUSPENSION OF IMMIGRATION 
                   PROCESSING OF ORPHANS.

       (a) Requirements of Department of Homeland Security.--The 
     Secretary of Homeland Security, in consultation with the 
     Secretary of State, shall submit written notification to the 
     Senate and the House of Representatives on the day on which 
     the processing of petitions for classification of nationals 
     of a country as orphans is suspended. The notification shall 
     set forth the following:
       (1) Explanation.--Information, to the extent available, 
     supporting the suspension, including the following:
       (A) Failure to obtain birth parent consent.--Information 
     indicating that in recent cases the consent of a birth parent 
     to termination of parental rights or to the adoption was not 
     obtained.
       (B) Fraud, duress, or improper inducement.--Information 
     indicating that in recent cases the consent of a birth parent 
     to termination of parental rights or to the adoption was 
     obtained as a result of fraud, duress, or improper 
     inducement.
       (C) Improper relinquishment.--Information indicating that 
     in recent cases birth

[[Page 5882]]

     parents have relinquished their children in return for 
     improper reward.
       (D) Inadequate sending country adoption process.--
     Information indicating that the system utilized by the 
     sending country for the arrangement of international 
     adoptions of orphans who are nationals of the sending country 
     is inadequate and, as a result, the processing of cases 
     according to the requirements of the Immigration and 
     Nationality Act is compromised.
       (E) Department of state inability to process.--Information 
     indicating that the system of the Department of State in that 
     country for the processing of petitions for the 
     classification of nationals of that sending country as 
     orphans is insufficient, and as a result, the Department of 
     State is unable to make an informed determination under 
     section 101(b)(1)(F) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(b)(1)(F)).
       (F) Inability to process.--Information indicating that the 
     system of the United States Citizen and Immigration Services 
     (referred to in this section as the ``USCIS'') in that 
     country for the processing of petitions for the 
     classification of nationals of that sending country as 
     orphans is insufficient, and as a result, the USCIS is unable 
     to make an informed determination under such section 
     101(b)(1)(F).
       (G) Combination of conditions.--Information indicating the 
     existence of a combination of the conditions listed in 
     subparagraphs (A) through (F), such that the Department of 
     State or the USCIS is unable to make an informed 
     determination under such section 101(b)(1)(F).
       (H) Other conditions.--Information indicating such other 
     conditions that justify a suspension of orphan processing, as 
     appropriate.
       (2) Summary of prior action.--A summary of recent actions 
     taken in the sending country and information regarding 
     previous efforts to address conditions articulated in 
     paragraph (1).
       (3) Plan.--A plan that includes--
       (A) ways to remedy the circumstance or circumstances 
     described in paragraph (1) justifying the suspension;
       (B) a process to notify United States citizens who might be 
     affected by the suspension;
       (C) a way to process families awaiting completion of 
     processing as of the date that the suspension is issued; and
       (D) a good faith estimate of the time needed to remedy the 
     circumstance or circumstances described in paragraph (1), 
     which recognizes and addresses the degree to which resolution 
     of circumstance or circumstances described in paragraph (1) 
     depend upon the cooperation of the sending country.
       (b) Exemptions From Suspension.--The Secretary of Homeland 
     Security shall give consideration to exempting from the 
     suspension those adoptions involving extraordinary 
     humanitarian concerns in accordance with section 212(d)(5)(A) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1182(d)(5)(A)).
       (c) Periodic Congressional Notification.--Not later than 
     180 days after a suspension takes effect after the date of 
     enactment of this Act, and every 180 days until the 
     suspension is terminated, the Secretary of Homeland Security 
     shall submit a written report to Congress indicating--
       (1) that the circumstances justifying the suspension still 
     exist; and
       (2) what actions have been taken, since the date of 
     notification under subsection (a) or (f), to remedy the 
     circumstances justifying the suspension.
       (d) Transition Provision.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security shall submit to Congress, for each country for which 
     a suspension is in effect on the date of enactment of this 
     Act, a report containing a summary of the evidence, plan, and 
     estimate described in subsection (a).
       (e) Statutory Construction.--Nothing in this section shall 
     be construed to require the inclusion of information that--
       (1) reasonably could be expected to adversely affect or 
     compromise a civil or criminal enforcement proceeding or 
     investigation; or
       (2) would disclose techniques and procedures for law 
     enforcement investigations or prosecutions.
       (f) Requirements of the Department of State.--The Secretary 
     of State, or any other official of the Department of State, 
     may not urge a foreign government to suspend the processing 
     of international adoptions by United States citizens unless 
     the Secretary of State provides written notification of such 
     action to the Senate and the House of Representatives on the 
     day such action is taken.
       (g) Definitions.--In this section:
       (1) Orphan.--The term ``orphan'' means a child described in 
     subparagraph (F) or (G) of section 101(b)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(b)(1)).
       (2) Sending country.--The term ``sending country'' means 
     the country with legal authority to process the adoption of 
     the child in question.
       (3) Suspension.--The term ``suspension'' means, with 
     respect to a country, the decision by the Attorney General to 
     suspend the processing of petitions for classification of 
     orphans who are natives of that country.
                                 ______
                                 
  SA 330. Ms. LANDRIEU (for herself, Mr. DeMint, and Mr. Craig) 
submitted an amendment intended to be proposed by her to the bill S. 
600, to authorize appropriations for the Department of State and 
international broadcasting activities for fiscal years 2006 and 2007, 
for the Peace Corps for fiscal years 2006 and 2007, for foreign 
assistance programs for fiscal years 2006 and 2007, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of division A, add the following new title:

                    TITLE IX--INTERCOUNTRY ADOPTION

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Intercountry Adoption 
     Reform Act of 2005'' or the ``ICARE Act''.

     SEC. 902. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) That a child, for the full and harmonious development 
     of his or her personality, should grow up in a family 
     environment, in an atmosphere of happiness, love, and 
     understanding.
       (2) That intercountry adoption may offer the advantage of a 
     permanent family to a child for whom a suitable family cannot 
     be found in his or her country of origin.
       (3) There has been a significant growth in intercountry 
     adoptions. In 1990, Americans adopted 7,093 children from 
     abroad. In 2001, they adopted 19,237 children from abroad.
       (4) Americans increasingly seek to create or enlarge their 
     families through intercountry adoptions.
       (5) There are many children worldwide that are without 
     permanent homes.
       (6) In the interest of children without a permanent family 
     and the United States citizens who are waiting to bring them 
     into their families, reforms are needed in the intercountry 
     adoption process used by United States citizens.
       (7) Before adoption, each child should have the benefit of 
     measures taken to ensure that intercountry adoption is in his 
     or her best interests and prevents the abduction, selling, or 
     trafficking of children.
       (8) In addition, Congress recognizes that foreign born 
     adopted children do not make the decision whether to 
     immigrate to the United States. They are being chosen by 
     Americans to become part of their immediate families.
       (9) As such these children should not be classified as 
     immigrants in the traditional sense. Once fully and finally 
     adopted, they should be treated as children of United States 
     citizens.
       (10) Since a child who is fully and finally adopted is 
     entitled to the same rights, duties, and responsibilities as 
     a biological child, the law should reflect such equality.
       (11) Therefore, foreign born adopted children of United 
     States citizens should be accorded the same procedural 
     treatment as biological children born abroad to a United 
     States citizen.
       (12) If a United States citizen can confer citizenship to a 
     biological child born abroad, then the same citizen is 
     entitled to confer such citizenship to their legally and 
     fully adopted foreign born child immediately upon final 
     adoption.
       (13) If a United States citizen cannot confer citizenship 
     to a biological child born abroad, then such citizen cannot 
     confer citizenship to their legally and fully adopted foreign 
     born child, except through the naturalization process.
       (b) Purposes.--The purposes of this title are--
       (1) to ensure that intercountry adoptions take place in the 
     best interests of the child;
       (2) to ensure that foreign born children adopted by United 
     States citizens will be treated identically to a biological 
     child born abroad to the same citizen parent; and
       (3) to improve the intercountry adoption process by making 
     it more citizen friendly and focused on the protection of the 
     child.

     SEC. 903. DEFINITIONS.

       In this title:
       (1) Adoptable child.--The term ``adoptable child'' has the 
     same meaning given such term in section 101(c)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(c)(3)), as 
     added by section 924(a) of this Act.
       (2) Ambassador at large.--The term ``Ambassador at Large'' 
     means the Ambassador at Large for Intercountry Adoptions 
     appointed to head the Office pursuant to section 911(b).
       (3) Competent authority.--The term ``competent authority'' 
     means the entity or entities authorized by the law of the 
     child's country of residence to engage in permanent placement 
     of children who are no longer in the legal or physical 
     custody of their biological parents.
       (4) Convention.--The term ``Convention'' means the 
     Convention on Protection of Children and Co-operation in 
     Respect of Intercountry Adoption, done at The Hague on May 
     29, 1993.
       (5) Full and final adoption.--The term ``full and final 
     adoption'' means an adoption--
       (A) that is completed according to the laws of the child's 
     country of residence or the State law of the parent's 
     residence;

[[Page 5883]]

       (B) under which a person is granted full and legal custody 
     of the adopted child;
       (C) that has the force and effect of severing the child's 
     legal ties to the child's biological parents;
       (D) under which the adoptive parents meet the requirements 
     of section 925; and
       (E) under which the child has been adjudicated to be an 
     adoptable child in accordance with section 926.
       (6) Office.--The term ``Office'' means the Office of 
     Intercountry Adoptions established under section 911(a).
       (7) Readily approvable.--A petition or certification is 
     considered ``readily approvable'' if the documentary support 
     provided demonstrates that the petitioner satisfies the 
     eligibility requirements and no additional information or 
     investigation is necessary.

          Subtitle A--Administration of Intercountry Adoptions

     SEC. 911. OFFICE OF INTERCOUNTRY ADOPTIONS.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, there is to be established within 
     the Department of State, an Office of Intercountry Adoptions 
     which shall be headed by the Ambassador at Large for 
     Intercountry Adoptions who shall be appointed pursuant to 
     subsection (b).
       (b) Ambassador at Large.--
       (1) Appointment.--The Ambassador at Large shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate, from among individuals who have 
     background, experience, and training in intercountry 
     adoptions, taking care to ensure that the individual who 
     serves as Ambassador is free from any conflicts of interest 
     that might inhibit such individual's ability to serve as 
     Ambassador.
       (2) Authority.--The Ambassador at Large shall report 
     directly to the Secretary, in consultation with the Assistant 
     Secretary for Consular Affairs. The Ambassador at Large has 
     no independent regulatory authority.
       (3) Duties of the ambassador at large.--In carrying out the 
     functions of the Office, the Ambassador at Large shall have 
     the following responsibilities:
       (A) In general.--The primary responsibilities of the 
     Ambassador at Large shall be--
       (i) to ensure that intercountry adoptions take place in the 
     best interests of the child; and
       (ii) to assist the Secretary in fulfilling the 
     responsibilities designated to the central authority under 
     title I of the Intercountry Adoption Act of 2000 (42 U.S.C. 
     14911 et seq.).
       (B) Advisory role.--The Ambassador at Large shall be a 
     principal advisor to the President and the Secretary 
     regarding matters affecting intercountry adoption and the 
     general welfare of children abroad and shall make 
     recommendations regarding--
       (i) the policies of the United States with respect to the 
     establishment of a system of cooperation among the parties to 
     the Convention;
       (ii) the policies to prevent abandonment, strengthen 
     families, and to advance the placement of children in 
     permanent families; and
       (iii) policies that promote the protection and well-being 
     of children.
       (C) Diplomatic representation.--Subject to the direction of 
     the President and the Secretary, the Ambassador at Large may 
     represent the United States in matters and cases relevant to 
     international adoption in--
       (i) fulfillment of the responsibilities designated to the 
     central authority under title I of the Intercountry Adoption 
     Act of 2000 (42 U.S.C. 14911 et seq.);
       (ii) contacts with foreign governments, intergovernmental 
     organizations, and specialized agencies of the United Nations 
     and other international organizations of which the United 
     States is a member; and
       (iii) multilateral conferences and meetings relevant to 
     international adoption.
       (D) International policy development.--The Ambassador at 
     Large shall advise and support the Secretary and other 
     relevant Bureaus of the Department of State in the 
     development of sound policy regarding child protection and 
     intercountry adoption.
       (E) Reporting responsibilities.--The Ambassador at Large 
     shall have the following reporting responsibilities:
       (i) In general.--The Ambassador at Large shall assist the 
     Secretary and other relevant Bureaus in preparing those 
     portions of the Human Rights Reports that relate to the 
     abduction, sale, and trafficking of children.
       (ii) Annual report on intercountry adoption.--On September 
     1 of each year, the Secretary, with the assistance of the 
     Ambassador at Large, shall prepare and transmit to Congress 
     an annual report on intercountry adoption. Each annual report 
     shall include--

       (I) a description of the status of child protection and 
     adoption in each foreign country, including--

       (aa) trends toward improvement in the welfare and 
     protection of children and families;
       (bb) trends in family reunification, domestic adoption, and 
     intercountry adoption;
       (cc) movement toward ratification and implementation of the 
     Convention; and
       (dd) census information on the number of children in 
     orphanages, foster homes, and other types of nonpermanent 
     residential care as reported by the foreign country;

       (II) the number of intercountry adoptions by United States 
     citizens, including the country from which each child 
     emigrated, the State in which each child resides, and the 
     country in which the adoption was finalized;
       (III) the number of intercountry adoptions involving 
     emigration from the United States, including the country 
     where each child now resides and the State from which each 
     child emigrated;
       (IV) the number of placements for adoption in the United 
     States that were disrupted, including the country from which 
     the child emigrated, the age of the child, the date of the 
     placement for adoption, the reasons for the disruption, the 
     resolution of the disruption, the agencies that handled the 
     placement for adoption, and the plans for the child, and in 
     addition, any information regarding disruption or dissolution 
     of adoptions of children from other countries received 
     pursuant to section 422(b)(14) of the Social Security Act (42 
     U.S.C. 622(b)(14));
       (V) the average time required for completion of an 
     adoption, set forth by the country from which the child 
     emigrated;
       (VI) the current list of agencies accredited and persons 
     approved under the Intercountry Adoption Act of 2000 (42 
     U.S.C. 14901 et seq.) to provide adoption services;
       (VII) the names of the agencies and persons temporarily or 
     permanently debarred under the Intercountry Adoption Act of 
     2000 (42 U.S.C. 14901 et seq.), and the reasons for the 
     debarment;
       (VIII) the range of adoption fees involving adoptions by 
     United States citizens and the median of such fees set forth 
     by the country of origin;
       (IX) the range of fees charged for accreditation of 
     agencies and the approval of persons in the United States 
     engaged in providing adoption services under the Convention; 
     and
       (X) recommendations of ways the United States might act to 
     improve the welfare and protection of children and families 
     in each foreign country.

       (c) Functions of Office.--The Office shall have the 
     following 7 functions:
       (1) Approval of a family to adopt.--To approve or 
     disapprove the eligibility of United States citizens to adopt 
     foreign born children.
       (2) Child adjudication.--To investigate and adjudicate the 
     status of a child born abroad to determine their eligibility 
     as an adoptable child.
       (3) Family services.--To provide assistance to United 
     States citizens engaged in the intercountry adoption process 
     in resolving problems with respect to that process and to 
     track intercountry adoption cases so as to ensure that all 
     such adoptions are processed in a timely manner.
       (4) International policy development.--To advise and 
     support the Ambassador at Large and other relevant Bureaus in 
     the development of sound policy regarding child protection 
     and intercountry adoption.
       (5) Central authority.--To assist the Secretary in carrying 
     out duties of the central authority as defined in section 3 
     of the Intercountry Adoption Act of 2000 (42 U.S.C. 14902).
       (6) Enforcement.--To investigate, either directly or in 
     cooperation with other appropriate international, Federal, 
     State, or local entities, improprieties relating to adoption, 
     including issues of child protection, birth family 
     protection, and consumer fraud.
       (7) Administration.--To perform administrative functions 
     related to the functions performed under paragraphs (1) 
     through (6), including legal functions and congressional 
     liaison and public affairs functions.
       (d) Organization.--
       (1) In general.--All functions of the Office shall be 
     performed by officers housed in a centralized office located 
     in Washington, D.C. Within the Washington, D.C. office, there 
     shall be 7 divisions corresponding to the 7 functions of the 
     Office. All 7 divisions and their respective directors shall 
     report directly to the Ambassador at Large.
       (2) Approval to adopt.--The division responsible for 
     approving parents to adopt shall be divided into regions of 
     the United States as follows:
       (A) Northwest.
       (B) Northeast.
       (C) Southwest.
       (D) Southeast.
       (E) Midwest.
       (F) West.
       (3) Child adjudication.--To the extent practicable, the 
     division responsible for the adjudication of foreign born 
     children as adoptable shall be divided by world regions which 
     correspond to those currently used by other divisions within 
     the Department of State.
       (4) Use of international field officers.--Nothing in this 
     section shall be construed to prohibit the use of 
     international field officers posted abroad, as necessary, to 
     fulfill the requirements of this Act.
       (5) Use of existing systems.--Whenever possible, the Office 
     shall utilize systems currently in place that ensure 
     protections against child trafficking.
       (e) Qualifications and Training.--In addition to meeting 
     the employment requirements of the Department of State, 
     officers

[[Page 5884]]

     employed in any of the 7 divisions of the Office shall 
     undergo extensive and specialized training in the laws and 
     processes of intercountry adoption as well as understanding 
     the cultural, medical, emotional, and social issues 
     surrounding intercountry adoption and adoptive families. The 
     Ambassador at Large shall, whenever possible, recruit and 
     hire individuals with background and experience in 
     intercountry adoptions, taking care to ensure that such 
     individuals do not have any conflicts of interest that might 
     inhibit their ability to serve.
       (f) Use of Electronic Databases and Filing.--To the extent 
     possible, the Office shall make use of centralized, 
     electronic databases and electronic form filing.

     SEC. 912. RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED 
                   STATES.

       Section 505(a)(1) of the Intercountry Adoption Act of 2000 
     (42 U.S.C. 14901 note) is amended by inserting ``301, 302,'' 
     after ``205,''.

     SEC. 913. TECHNICAL AND CONFORMING AMENDMENT.

       Section 104 of the Intercountry Adoption Act of 2000 (42 
     U.S.C. 14914) is repealed.

     SEC. 914. TRANSFER OF FUNCTIONS.

       (a) In General.--Subject to subsection (c), all functions 
     under the immigration laws of the United States with respect 
     to the adoption of foreign born children by United States 
     citizens and their admission to the United States that have 
     been vested by statute in, or exercised by, the Commissioner 
     of Immigration and Naturalization, the Immigration and 
     Naturalization Service (or any officer, employee, or 
     component thereof), of the Department of Homeland Security 
     (or any officer, employee, or component thereof) immediately 
     prior to the effective date of this title, are transferred to 
     the Office on the effective date of this title for exercise 
     by the Ambassador at Large in accordance with applicable laws 
     and subtitle B of this title.
       (b) Exercise of Authorities.--Except as otherwise provided 
     by law, the Ambassador at Large may, for purposes of 
     performing any function transferred to the Ambassador at 
     Large under subsection (a), exercise all authorities under 
     any other provision of law that were available with respect 
     to the performance of that function to the official 
     responsible for the performance of the function immediately 
     before the effective date of the transfer of the function 
     pursuant to this subtitle.
       (c) Limitation on Transfer of Pending Adoptions.--If an 
     individual has filed a petition with the Immigration and 
     Naturalization Service or the Department of Homeland Security 
     with respect to the adoption of a foreign born child prior to 
     the date of enactment of this subtitle, the Secretary of 
     Homeland Security shall have the authority to make the final 
     determination on such petition and such petition shall not be 
     transferred to the Office.

     SEC. 915. TRANSFER OF RESOURCES.

       Subject to section 1531 of title 31, United States Code, 
     upon the effective date of this title, there are transferred 
     to the Ambassador at Large for appropriate allocation in 
     accordance with section 916, the assets, liabilities, 
     contracts, property, records, and unexpended balance of 
     appropriations, authorizations, allocations, and other funds 
     employed, held, used, arising from, available to, or to be 
     made available to the Immigration and Naturalization Service 
     or the Department of Homeland Security in connection with the 
     functions transferred pursuant to this subtitle.

     SEC. 916. INCIDENTAL TRANSFERS.

       The Ambassador at Large may make such additional incidental 
     dispositions of personnel, assets, liabilities, grants, 
     contracts, property, records, and unexpended balances of 
     appropriations, authorizations, allocations, and other funds 
     held, used, arising from, available to, or to be made 
     available in connection with such functions, as may be 
     necessary to carry out this title. The Ambassador at Large 
     shall provide for such further measures and dispositions as 
     may be necessary to effectuate the purposes of this subtitle.

     SEC. 917. SAVINGS PROVISIONS.

       (a) Legal Documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, agreements, 
     including collective bargaining agreements, certificates, 
     licenses, and privileges--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the President, the Ambassador at Large, 
     the former Commissioner of the Immigration and Naturalization 
     Service, their delegates, or any other Government official, 
     or by a court of competent jurisdiction, in the performance 
     of any function that is transferred pursuant to this 
     subtitle; and
       (2) that are in effect on the effective date of such 
     transfer (or become effective after such date pursuant to 
     their terms as in effect on such effective date);
     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, any other authorized 
     official, a court of competent jurisdiction, or operation of 
     law, except that any collective bargaining agreement shall 
     remain in effect until the date of termination specified in 
     the agreement.
       (b) Proceedings.--
       (1) Pending.--The transfer of functions under section 914 
     shall not affect any proceeding or any application for any 
     benefit, service, license, permit, certificate, or financial 
     assistance pending on the effective date of this subtitle 
     before an office whose functions are transferred pursuant to 
     this subtitle, but such proceedings and applications shall be 
     continued.
       (2) Orders.--Orders shall be issued in such proceedings, 
     appeals shall be taken therefrom, and payments shall be made 
     pursuant to such orders, as if this Act had not been enacted, 
     and orders issued in any such proceeding shall continue in 
     effect until modified, terminated, superseded, or revoked by 
     a duly authorized official, by a court of competent 
     jurisdiction, or by operation of law.
       (3) Discontinuance or modification.--Nothing in this 
     section shall be considered to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this section had not 
     been enacted.
       (c) Suits.--This subtitle shall not affect suits commenced 
     before the effective date of this subtitle, and in all such 
     suits, proceeding shall be had, appeals taken, and judgments 
     rendered in the same manner and with the same effect as if 
     this subtitle had not been enacted.
       (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the Department of State, 
     the Immigration and Naturalization Service, or the Department 
     of Homeland Security, or by or against any individual in the 
     official capacity of such individual as an officer or 
     employee in connection with a function transferred pursuant 
     to this section, shall abate by reason of the enactment of 
     this Act.
       (e) Continuance of Suit With Substitution of Parties.--If 
     any Government officer in the official capacity of such 
     officer is party to a suit with respect to a function of the 
     officer, and pursuant to this subtitle such function is 
     transferred to any other officer or office, then such suit 
     shall be continued with the other officer or the head of such 
     other office, as applicable, substituted or added as a party.
       (f) Administrative Procedure and Judicial Review.--Except 
     as otherwise provided by this subtitle, any statutory 
     requirements relating to notice, hearings, action upon the 
     record, or administrative or judicial review that apply to 
     any function transferred pursuant to any provision of this 
     subtitle shall apply to the exercise of such function by the 
     head of the office, and other officers of the office, to 
     which such function is transferred pursuant to such 
     provision.

     SEC. 918. EFFECTIVE DATE.

       This subtitle shall take effect 180 days after the date of 
     enactment of this Act.

    Subtitle B--Reform of United States Laws Governing Intercountry 
                               Adoptions

     SEC. 921. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR ADOPTED 
                   CHILDREN BORN OUTSIDE THE UNITED STATES.

       (a) Amendments of Automatic Citizenship Provisions.--
     Section 320 of the Immigration and Nationality Act (8 U.S.C. 
     1431) is amended--
       (1) by amending the section heading to read as follows: 
     ``Children Born Outside the United States; Conditions Under 
     Which Citizenship Automatically Acquired''; and
       (2) in subsection (a), by striking paragraphs (1) through 
     (3) and inserting the following:
       ``(1) Upon the date the adoption becomes full and final, at 
     least 1 parent of the child is a citizen of the United 
     States, whether by birth or naturalization, who has been 
     physically present in the United States or its outlying 
     possessions for a period or periods totaling not less than 5 
     years, at least 2 of which were after attaining the age of 14 
     years. Any periods of honorable service in the Armed Forces 
     of the United States, or periods of employment with the 
     United States Government or with an international 
     organization as that term is defined in section 1 of the 
     International Organizations Immunities Act (22 U.S.C. 288) by 
     such citizen parent, or any periods during which such citizen 
     parent is physically present abroad as the dependent 
     unmarried son or daughter and a member of the household of a 
     person--
       ``(A) honorably serving with the Armed Forces of the United 
     States; or
       ``(B) employed by the United States Government or an 
     international organization as defined in section 1 of the 
     International Organizations Immunities Act (22 U.S.C. 288);
     may be included in order to satisfy the physical presence 
     requirement of this paragraph.
       ``(2) The child is an adoptable child described in section 
     101(c)(3).
       ``(3) The child is the beneficiary of a full and final 
     adoption decree entered by a foreign government or a court in 
     the United States.
       ``(4) For purposes of this subsection, the term `full and 
     final adoption' means an adoption--
       ``(A) that is completed under the laws of the child's 
     country of residence or the State law of the parent's 
     residence;
       ``(B) under which a person is granted full and legal 
     custody of the adopted child;
       ``(C) that has the force and effect of severing the child's 
     legal ties to the child's biological parents;

[[Page 5885]]

       ``(D) under which the adoptive parents meet the 
     requirements of section 925 of the Intercountry Adoption 
     Reform Act of 2005; and
       ``(E) under which the child has been adjudicated to be an 
     adoptable child in accordance with section 926 of the 
     Intercountry Adoption Reform Act of 2005.''.
       (b) Effective Date.--This section shall take effect as if 
     enacted on January 1, 1950.

     SEC. 922. REVISED PROCEDURES.

       Notwithstanding any other provision of law, the following 
     requirements shall apply with respect to the adoption of 
     foreign born children by United States citizens:
       (1) Upon completion of a full and final adoption, the 
     Secretary shall issue a United States passport and a Consular 
     Report of Birth for a child who satisfies the requirements of 
     section 921 of the Immigration and Nationality Act (8 U.S.C. 
     1431), as amended by section 921 of this Act, upon 
     application by a United States citizen parent.
       (2) An adopted child described in paragraph (1) shall not 
     require the issuance of a visa for travel and admission to 
     the United States but shall be admitted to the United States 
     upon presentation of a valid, unexpired United States 
     passport.
       (3) No affidavit of support under section 213A of the 
     Immigration and Nationality Act (8 U.S.C. 1183a) shall be 
     required in the case of any adoptable child.
       (4)(A) The Secretary shall require that agencies provide 
     prospective adoptive parents an opportunity to conduct an 
     independent medical exam and a copy of any medical records of 
     the child known to exist (to the greatest extent practicable, 
     these documents shall include an English translation) on a 
     date that is not later than the earlier of the date that is 2 
     weeks before the adoption, or the date on which prospective 
     adoptive parents travel to such a foreign country to complete 
     all procedures in such country relating to adoption.
       (B) The Secretary shall not require an adopted child 
     described in paragraph (1) to undergo a medical exam for the 
     purpose of excluding the child's immigration to the United 
     States.
       (5) The Secretary shall take necessary measures to ensure 
     that all prospective adoptive parents adopting 
     internationally are provided with training that includes 
     counseling and guidance for the purpose of promoting a 
     successful intercountry adoption before such parents travel 
     to adopt the child or the child is placed with such parents 
     for adoption.
       (6) The Secretary shall take necessary measures to ensure 
     that--
       (A) prospective adoptive parents are given full disclosure 
     of all direct and indirect costs of intercountry adoption 
     before they are matched with child for adoption;
       (B) fees charged in relation to the intercountry adoption 
     be on a fee for service basis not on a contingent fee basis; 
     and
       (C) that the transmission of fees between the adoption 
     agency, the country of origin, and the prospective adoptive 
     parents is carried out in a transparent and efficient manner.
       (7) The Secretary shall take all measures necessary to 
     ensure that all documents provided to a country of origin on 
     behalf of a prospective adoptive parent are truthful and 
     accurate.

     SEC. 923. NONIMMIGRANT VISAS FOR CHILDREN TRAVELING TO THE 
                   UNITED STATES TO BE ADOPTED BY A UNITED STATES 
                   CITIZEN.

       (a) In General.--Section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
       (1) by striking ``or'' at the end of subparagraph (U);
       (2) by striking the period at the end of subparagraph (V) 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(W) an adoptable child who is coming into the United 
     States for adoption by a United States citizen and a spouse 
     jointly or by an unmarried United States citizen at least 25 
     years of age, who has been approved to adopt.''.
       (b) Termination of Period of Authorized Admission.--Section 
     214 of the Immigration and Nationality Act (8 U.S.C. 1184) is 
     amended by adding at the end the following:
       ``(s) In the case of a nonimmigrant described in section 
     101(a)(15)(W), the period of authorized admission shall 
     terminate on the earlier of--
       ``(1) the date on which the adoption of the nonimmigrant is 
     completed by the courts of the State where the parents 
     reside; or
       ``(2) the date that is 4 years after the date of admission 
     of the nonimmigrant into the United States, unless a 
     petitioner is able to show cause as to why the adoption could 
     not be completed prior to such date and the Secretary of 
     State extends such period for the period necessary to 
     complete the adoption.''.
       (c) Temporary Treatment as Legal Permanent Resident.--
     Notwithstanding any other law, all benefits and protections 
     that apply to a legal permanent resident shall apply to a 
     nonimmigrant described in section 101(a)(15)(W) of the 
     Immigration and Nationality Act, as added by subsection (a), 
     pending a full and final adoption.
       (d) Exception From Immunization Requirement for Certain 
     Adopted Children.--Section 212(a)(1)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(1)(C)) is amended--
       (1) in the heading by striking ``10 years'' and inserting 
     ``18 years''; and
       (2) in clause (i), by striking ``10 years'' and inserting 
     ``18 years''.
       (e) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall prescribe such 
     regulations as may be necessary to carry out this section.

     SEC. 924. DEFINITION OF ADOPTABLE CHILD.

       (a) In General.--Section 101(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(c)) is amended by adding at 
     the end the following:
       ``(3) The term `adoptable child' means an unmarried person 
     under the age of 18--
       ``(A)(i) whose biological parents (or parent, in the case 
     of a child who has one sole or surviving parent) or other 
     persons or institutions that retain legal custody of the 
     child--
       ``(I) have freely given their written irrevocable consent 
     to the termination of their legal relationship with the 
     child, and to the child's emigration and adoption and that 
     such consent has not been induced by payment or compensation 
     of any kind and has not been given prior to the birth of the 
     child;
       ``(II) are unable to provide proper care for the child, as 
     determined by the competent authority of the child's 
     residence; or
       ``(III) have voluntarily relinquished the child to the 
     competent authorities pursuant to the law of the child's 
     residence; or
       ``(ii) who, as determined by the competent authority of the 
     child's residence--
       ``(I) has been abandoned or deserted by their biological 
     parent, parents, or legal guardians; or
       ``(II) has been orphaned due to the death or disappearance 
     of their biological parent, parents, or legal guardians;
       ``(B) with respect to whom the Secretary of State is 
     satisfied that the proper care will be furnished the child if 
     admitted to the United States;
       ``(C) with respect to whom the Secretary of State is 
     satisfied that the purpose of the adoption is to form a bona 
     fide parent-child relationship and that the parent-child 
     relationship of the child and the biological parents has been 
     terminated (and in carrying out both obligations under this 
     subparagraph the Secretary of State, in consultation with the 
     Secretary of Homeland Security, may consider whether there is 
     a petition pending to confer immigrant status on one or both 
     of the biological parents);
       ``(D) with respect to whom the Secretary of State, is 
     satisfied that there has been no inducement, financial or 
     otherwise, offered to obtain the consent nor was it given 
     before the birth of the child;
       ``(E) with respect to whom the Secretary of State, in 
     consultation with the Secretary of Homeland Security, is 
     satisfied that the person is not a security risk; and
       ``(F) whose eligibility for adoption and emigration to the 
     United States has been certified by the competent authority 
     of the country of the child's place of birth or residence.''.
       (b) Conforming Amendment.--Section 204(d) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(d)) is amended 
     by inserting ``and an adoptable child as defined in section 
     101(c)(3)'' before ``unless a valid home-study''.

     SEC. 925. APPROVAL TO ADOPT.

       (a) In General.--Prior to the issuance of a visa under 
     section 101(a)(15)(W) of the Immigration and Nationality Act, 
     as added by section 923(a) of this Act, or the issuance of a 
     full and final adoption decree, the United States citizen 
     adoptive parent shall have approved by the Office a petition 
     to adopt. Such petition shall be subject to the same terms 
     and conditions as are applicable to petitions for 
     classification under section 204.3 of title 8 of the Code of 
     Federal Regulations, as in effect on the day before the date 
     of enactment of this Act.
       (b) Expiration of Approval.--Approval to adopt under this 
     Act is valid for 24 months from the date of approval. Nothing 
     in this section may prevent the Secretary of Homeland 
     Security from periodically updating the fingerprints of an 
     individual who has filed a petition for adoption.
       (c) Expedited Reapproval Process of Families Previously 
     Approved To Adopt.--The Secretary shall prescribe such 
     regulations as may be necessary to provide for an expedited 
     and streamlined process for families who have been previously 
     approved to adopt and whose approval has expired, so long as 
     not more than 3 years have lapsed since the original 
     application.
       (d) Denial of Petition.--
       (1) Notice of intent.--If the officer adjudicating the 
     petition to adopt finds that it is not readily approvable, 
     the officer shall notify the petitioner, in writing, of the 
     officer's intent to deny the petition. Such notice shall 
     include the specific reasons why the petition is not readily 
     approvable.
       (2) Petitioners right to respond.--Upon receiving a notice 
     of intent to deny, the petitioner has 30 days to respond to 
     such notice.
       (3) Decision.--Within 30 days of receipt of the 
     petitioner's response the Office must reach a final decision 
     regarding the eligibility of the petitioner to adopt. Notice 
     of a formal decision must be delivered in writing.

[[Page 5886]]

       (4) Right to an appeal.--Unfavorable decisions may be 
     appealed to the Department of State and, after the exhaustion 
     of the appropriate appeals process of the Department, to a 
     United States district court.
       (5) Regulations regarding appeals.--Not later than 6 months 
     after the date of enactment of this Act, the Secretary shall 
     promulgate formal regulations regarding the process for 
     appealing the denial of a petition.

     SEC. 926. ADJUDICATION OF CHILD STATUS.

       (a) In General.--Prior to the issuance of a full and final 
     adoption decree or a visa under section 101(a)(15)(W) of the 
     Immigration and Nationality Act, as added by section 923(a) 
     of this Act--
       (1) the Office shall obtain from the competent authority of 
     the country of the child's residence a certification, 
     together with documentary support, that the child sought to 
     be adopted meets the description of an adoptable child; and
       (2) not later than 15 days after the date of the receipt of 
     the certification referred to in paragraph (1), the Office 
     shall make a final determination on whether the certification 
     and the documentary support are sufficient to meet the 
     requirements of this section or whether additional 
     investigation or information is required.
       (b) Process for Determination.--
       (1) In general.--The Ambassador at Large shall work with 
     the competent authorities of the child's country of residence 
     to establish a uniform, transparent, and efficient process 
     for the exchange and approval of the certification and 
     documentary support required under subsection (a).
       (2) Notice of intent.--If the Office finds that the 
     certification submitted by the competent authority of the 
     child's country of origin is not readily approvable, the 
     Office shall--
       (A) notify the competent authority and the prospective 
     adoptive parents, in writing, of the specific reasons why the 
     certification is not sufficient; and
       (B) provide the competent authority and the prospective 
     adoptive parents the opportunity to address the stated 
     insufficiencies.
       (3) Petitioners right to respond.--Upon receiving a notice 
     of intent to find that a certification is not readily 
     approvable, the prospective adoptive parents shall have 30 
     days to respond to such notice.
       (4) Decision.--Not later than 30 days after the date of 
     receipt of a response submitted under paragraph (3), the 
     Office must reach a final decision regarding the child's 
     eligibility as an adoptable child. Notice of such decision 
     must be in writing.
       (5) Right to an appeal.--Unfavorable decisions on a 
     certification may be appealed to the Department of State and, 
     after the exhaustion of the appropriate appeals process of 
     the Department, to a United States district court.

                          Subtitle C--Funding

     SEC. 931. FUNDS.

       The Secretary shall provide the Ambassador at Large with 
     such funds as may be necessary for--
       (1) the hiring of staff for the Office;
       (2) investigations conducted by the Office; and
       (3) travel and other expenses necessary to carry out this 
     Act.

                        Subtitle D--Enforcement

     SEC. 941. ENFORCEMENT.

       (a) Civil Penalties.--A person shall be subject, in 
     addition to any other penalty that may be prescribed by law, 
     to a civil money penalty of not more than $50,000 for a first 
     violation, and not more than $100,000 for each succeeding 
     violation if such person--
       (1) violates a provision of this title or an amendment made 
     by this title;
       (2) makes a false or fraudulent statement, or 
     misrepresentation, with respect to a material fact, or 
     offers, gives, solicits, or accepts inducement by way of 
     compensation, intended to influence or affect in the United 
     States or a foreign country--
       (A) a decision for an approval under title II;
       (B) the relinquishment of parental rights or the giving of 
     parental consent relating to the adoption of a child; or
       (C) a decision or action of any entity performing a central 
     authority function; or
       (3) engages another person as an agent, whether in the 
     United States or in a foreign country, who in the course of 
     that agency takes any of the actions described in paragraph 
     (1) or (2).
       (b) Civil Enforcement.--
       (1) Authority of attorney general.--The Attorney General 
     may bring a civil action to enforce subsection (a) against 
     any person in any United States district court.
       (2) Factors to be considered in imposing penalties.--In 
     imposing penalties the court shall consider the gravity of 
     the violation, the degree of culpability of the defendant, 
     and any history of prior violations by the defendant.
       (c) Criminal Penalties.--Whoever knowingly and willfully 
     commits a violation described in paragraph (1) or (2) of 
     subsection (a) shall be subject to a fine of not more than 
     $250,000, imprisonment for not more than 5 years, or both.
                                 ______
                                 
  SA 331. Mr. SMITH submitted an amendment intended to be proposed by 
him to the bill S. 600, to authorize appropriations for the Department 
of State and international broadcasting activities for fiscal years 
2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for 
foreign assistance programs for fiscal years 2006 and 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title IV, add the following new section:

     SEC. 405. UNITED NATIONS REFORM.

       (a) Policy Statements.--It shall be the policy of the 
     United States to use its voice, vote and influence--
       (1) to strengthen the effectiveness and independence of the 
     United Nations Office of Internal Oversight Service;
       (2) to ensure a credible, respectable Human Rights 
     organization within the United Nations whose participating 
     members uphold the values enumerated in the 30 articles of 
     the Universal Declaration of Human Rights;
       (3) to urge the United Nations to implement management 
     reforms to improve its operational ability and utility, 
     including--
       (A) the adoption of a General Assembly resolution that 
     provides for the automatic sunsetting of all United Nations 
     programs, projects, or activities without explicit 
     reauthorization by the General Assembly and the inclusion of 
     a sunset provision in every new General Assembly resolution 
     that establishes a program, project, or activity; and
       (B) the adoption of a General Assembly resolution that 
     prevents growth in the total number of United Nations 
     personnel or positions, including outside contractors, from 
     the number that are currently employed or contracted by the 
     United Nations as of the date of the enactment of this Act; 
     and
       (4) to actively pursue weighted voting on budgetary and 
     financial matters both in the Administrative and Budgetary 
     Committee and the General Assembly of the United Nations in 
     accordance with the level of financial contributions of the 
     Member States to the regular budget of the United Nations.
       (b) Withholding of Contributions.--Fifty percent of the 
     funds made available in each fiscal year for the assessed 
     contribution of the United States to the United Nations 
     regular budget shall be withheld from obligation and 
     expenditure until the Secretary has submitted to the 
     appropriate congressional committees the certification 
     described in subsection (c) and the report described in 
     subsection (d).
       (c) Certification.--The Secretary shall certify to the 
     appropriate congressional committees that the following 
     conditions have been met:
       (1) The United Nations has met the requirements under 
     paragraphs (1) through (6) of section 401(b) of the Foreign 
     Relations Authorization Act, Fiscal Years 1994 and 1995 
     (Public Law 103-236; 108 Stat. 446).
       (2) The United Nations Office of Internal Oversight Service 
     has fulfilled the directive in General Assembly Resolution 
     48/218B to make all of its reports available to the General 
     Assembly, with modifications to those reports that would 
     violate confidentiality or the due process rights of 
     individuals involved in any investigation.
       (3) The United Nations Office of Internal Oversight Service 
     is not subject to the budget or organizational authority of 
     any entity within the United Nations other than the 
     Secretary-General for purposes of nomination of its Director.
       (4) The United Nations Office of Internal Oversight Service 
     receives the totality of operational and budgetary resources 
     through appropriations by the United Nations General Assembly 
     and is not dependent upon any other bureau, division, 
     department, or specialized agency of the United Nations for 
     such funding.
       (5) Any official of any bureau, division, department, or 
     specialized agency of the United Nations, including the 
     Secretary-General, may make a recommendation to the United 
     Nations Office of Internal Oversight Service to initiate an 
     investigation of any aspect of the United Nations system.
       (6) The United Nations Office of Internal Oversight Service 
     has the authority to audit, inspect, or investigate each 
     program, project, or activity funded by the United Nations, 
     including the Secretary-General, and each executive board 
     created under the United Nations has been notified in writing 
     of that authority.
       (7) The United Nations Office of Internal Oversight Service 
     Director is authorized to accept informational leads and 
     testimony on allegations of wrongdoing by United Nations 
     officials and entities pursuant to or initiating a formal 
     Office of Internal Oversight Service investigation.
       (8) The following human rights reforms have been adopted by 
     the United Nations:
       (A) Any Member State of the United Nations that fails to 
     uphold the values enumerated in the 30 articles of the 
     Universal Declaration of Human Rights shall be ineligible for 
     membership on any United Nations human rights body.
       (B) Any Member State that is subject to sanctions by the 
     United Nations Security Council shall be ineligible for 
     membership on any United Nations human rights body.
       (C) Any Member State that is currently subject to an agenda 
     item 9 country-specific

[[Page 5887]]

     resolution or has been the subject of an item 9 country-
     specific resolution within the last 2 years shall be 
     ineligible for membership on any United Nations human rights 
     body.
       (D) Any Member State that violates the principles of a 
     United Nations human rights body it aspires to join shall be 
     ineligible for membership on such body.
       (E) Agenda item 8 is abolished.
       (9) The Office of the High Commissioner on Human Rights has 
     been given greater authority in field operation activities, 
     such as in Darfur and the Democratic Republic of the Congo, 
     in furtherance of the purpose and mission of the United 
     Nations.
       (d) Report on United Nations Reform.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall submit a report to the appropriate 
     congressional committees on United Nations reform.
       (2) Content.--The report required under paragraph (1) shall 
     describe--
       (A) the status of the implementation of management reforms 
     within the United Nations and its specialized agencies;
       (B) the number of outputs, reports, or other items 
     generated by General Assembly resolutions that have been 
     eliminated, including those that were eliminated as a result 
     of the results based budgeting process;
       (C) the continued utility and relevance of the Economic and 
     Financial Committee and the Social, Humanitarian, and 
     Cultural Committee, given the duplicative agendas of those 
     committees and the Economic and Social Council;
       (D) the extent to which the Board of External Auditors is 
     an independent entity within the United Nations and not 
     subject to the budget authority or organizational authority 
     of any authority within the United Nations other than the 
     Secretary-General for purposes of nomination of its Director;
       (E) the need for a United Nations Office of Special 
     Investigator to investigate senior United Nations officials 
     or allegations of serious misconduct involving United Nations 
     activities in circumstances where an investigator independent 
     of the United Nations is necessary to maintain public 
     confidence in the integrity of the investigation; and
       (F) the need for an independent United Nations Ethics 
     Office within the United Nations to establish and monitor 
     general rules of ethics and conduct, including the program of 
     financial disclosure.
       (e) Peacekeeping Contributions.--
       (1) Withholding of funds.--Beginning 90 days after the date 
     of the enactment of this Act, 50 percent of the funds made 
     available in each fiscal year for the assessed contribution 
     of the United States to the United Nations peacekeeping 
     operations budget shall be withheld from obligation and 
     expenditure unless the certification described in paragraph 
     (2) has been transmitted to the appropriate congressional 
     committees.
       (2) Certification.--The Secretary of State shall certify to 
     the appropriate congressional committees that the following 
     reforms have been instituted by the United Nations Department 
     of Peacekeeping Operations:
       (A) Adoption of a uniform Code of Conduct for United 
     Nations peacekeeping operations that applies equally to all 
     military and civilian personnel, regardless of category, 
     which would include measures to prevent the employees, 
     contractor personnel, and peacekeeping forces of the United 
     Nations from trafficking in persons, exploiting victims of 
     trafficking, or committing acts of illegal sexual 
     exploitation.
       (B) Mechanisms for the enforcement of the Code of Conduct 
     described in subparagraph (A) have been implemented, 
     including--
       (i) the compilation and maintenance of a data base to track 
     violators of the Code of Conduct in order to ensure that they 
     may never again serve in a United Nations peacekeeping 
     operation;
       (ii) the inclusion of provisions for the conduct of court 
     martial proceedings while violators are still in-country in 
     each Status of Forces Agreement (SOFA) or other official 
     document creating, outlining, or governing the peacekeeping 
     operation;
       (iii) the creation of a model Memorandum of Understanding 
     between the United Nations and each troop contributing 
     country which requires each troop contributing country to 
     refer any investigation of a violation of the Code of Conduct 
     or other criminal activity by its nationals to its competent 
     national or military authority for prosecution; and
       (iv) the establishment of performance evaluations for 
     program managers and area commanders that includes an 
     assessment of efforts to prevent and address allegations of 
     abuse of the Code of Conduct or other criminal activities by 
     those under their authority.
       (C) An independent investigative and audit function has 
     been established within each United Nations peacekeeping 
     mission.
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit a report to the appropriate congressional 
     committees detailing--
       (A) the financial compensation provided by the United 
     Nations to countries that contribute troops to United Nations 
     peacekeeping operations for each current peacekeeping mission 
     in operation;
       (B) the financial compensation each troop contributing 
     country provides to individual peacekeepers who participate 
     in United Nations peacekeeping operations; and
       (C) the amount of money that the United Nations contributes 
     to troop contributing countries to United Nations 
     peacekeeping operations that is not directly provided to 
     individuals serving in United Nations peacekeeping 
     operations.
                                 ______
                                 
  SA 332. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her to the bill S. 600, to authorize appropriations for the 
Department of State and international broadcasting activities for 
fiscal years 2006 and 2007, for the Peace Corps for fiscal years 2006 
and 2007, for foreign assistance programs for fiscal years 2006 and 
2007, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of division A, insert the following new title:

      TITLE IX--INTERNATIONAL PARENTAL CHILD ABDUCTION PREVENTION

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``International Parental 
     Child Abduction Prevention Act of 2005''.

     SEC. 902. INADMISSIBILITY OF ALIENS SUPPORTING INTERNATIONAL 
                   CHILD ABDUCTORS AND RELATIVES OF SUCH 
                   ABDUCTORS.

       (a) In General.--Section 212(a)(10)(C)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(C)(ii)) 
     is amended by striking subclause (III) and inserting the 
     following:

       ``(III) is a spouse (other than a spouse who is the parent 
     of the abducted child), son or daughter (other than the 
     abducted child), grandson or granddaughter (other than the 
     abducted child), parent, grandparent, sibling, cousin, uncle, 
     aunt, nephew, or niece of an alien described in clause (i), 
     or is a spouse of the abducted child described in clause (i), 
     if such person has been designated by the Secretary of State, 
     at the Secretary of State's sole and unreviewable discretion,

     is inadmissible until the child described in clause (i) is 
     surrendered to the person granted custody by the order 
     described in that clause, and such person and child are 
     permitted to return to the United States or such person's 
     place of residence, or until the abducted child is 21 years 
     of age (unless the Secretary determines that an abducted 
     child who is 21 years of age or older is unable to travel 
     freely in accordance with such individual's wishes).''.
       (b) Authority To Cancel Certain Designations; 
     Identification of Aliens Supporting Abductors and Relatives 
     of Abductors; Entry of Abductors and Other Inadmissible 
     Aliens in the Consular Lookout and Support System.--Section 
     212(a)(10)(C) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(10)(C)) is amended by adding at the end the 
     following:
       ``(iv) Authority to cancel certain designations.--The 
     Secretary of State may, at the Secretary of State's sole and 
     unreviewable discretion, at any time, cancel a designation 
     made pursuant to clause (ii)(III).
       ``(v) Identification of aliens supporting abductors and 
     relatives of abductors.--In all instances in which the 
     Secretary of State knows that an alien has committed an act 
     described in clause (i), the Secretary of State shall take 
     appropriate action to identify the individuals who are 
     potentially inadmissible under clause (ii).
       ``(vi) Entry of abductors and other inadmissible persons in 
     consular lookout and support system.--In all instances in 
     which the Secretary of State knows that an alien has 
     committed an act described in clause (i), the Secretary of 
     State shall take appropriate action to cause the entry into 
     the Consular Lookout and Support System of the name or names 
     of, and identifying information about, such individual and of 
     any persons identified pursuant to clause (v) as potentially 
     inadmissible under clause (ii).
       ``(vii) Definitions.--In this subparagraph:

       ``(I) Child.--The term `child' means an individual who was 
     a child at the time the individual was detained or retained, 
     or at the time custody of the individual was withheld, as 
     described in clause (i) regardless of marital status.
       ``(II) Sibling.--The term `sibling' includes step-siblings 
     and half-siblings.''.

       (c) Annual Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and each February 1 thereafter for 4 
     years, the Secretary shall submit to the appropriate 
     congressional committees, the Committee on the Judiciary of 
     the Senate, and the Committee on the Judiciary of the House 
     of Representatives, an annual report that describes the 
     operation of section 212(a)(10)(C) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(10)(C)), as amended by this 
     section, during the prior calendar year to which the report 
     pertains.
       (2) Content.--Each annual report submitted in accordance 
     with paragraph (1) shall specify, to the extent that 
     corresponding data is reasonably available, the following:

[[Page 5888]]

       (A) The number of cases known to the Secretary, 
     disaggregated according to the nationality of the aliens 
     concerned, in which a visa was denied to an applicant on the 
     basis of the inadmissibility of the applicant under section 
     212(a)(10)(C) of the Immigration and Nationality Act (as so 
     amended) during the reporting period.
       (B) The cumulative total number of cases known to the 
     Secretary, disaggregated according to the nationality of the 
     aliens concerned, in which a visa was denied to an applicant 
     on the basis of the inadmissibility of the applicant under 
     section 212(a)(10)(C) of the Immigration and Nationality Act 
     (as so amended) since the beginning of the first reporting 
     period.
       (C) The number of cases known to the Secretary, 
     disaggregated according to the nationality of the aliens 
     concerned, in which the name of an alien was placed in the 
     Consular Lookout and Support System on the basis of the 
     inadmissibility of the alien or potential inadmissibility 
     under section 212(a)(10)(C) of the Immigration and 
     Nationality Act (as so amended) during the reporting period.
       (D) The cumulative total number of names, disaggregated 
     according to the nationality of the aliens concerned, known 
     to the Secretary to appear in the Consular Lookout and 
     Support System on the basis of the inadmissibility of the 
     alien or potential inadmissibility under section 
     212(a)(10)(C) of the Immigration and Nationality Act (as so 
     amended) at the end of the reporting period.

                          ____________________