H. Res. 522: H.R. 2410 – Foreign Relations Authorization Act, Fiscal Years 2010 and 2011; H.R. 1886 - Enduring Assistance and Cooperation Enhancement Act of 2009

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Tuesday,  June 9, 2009.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 238 – 183 on Wednesday, June 10, 2009.

MANAGERS: Hastings (FL)/Diaz-Balart

111th Congress 
1st Session

H.RES 522

[Report No. 111-143]

 

H.R. 1886, the Enduring Assistance and Cooperation Enhancement Act of 2009

H.R. 2410, the Foreign Relations Authorization Act, Fiscal Years 2010 and 2011

1.     Structured rule for consideration of H.R. 1886.

2.     Provides one hour of debate in the House equally divided and controlled by the chair and ranking minority member of the Committee on Foreign Affairs.

3.     Waives all points of order against consideration of the bill except clauses 9 or 10 of rule XXI.

4.     Provides that the committee amendment in the nature of a substitute recommended by the Committee on Foreign Affairs, now printed in the bill, as modified by the amendment printed in part A of the Rules Committee report, shall be considered as adopted.

5.     Provides that the bill, as amended, shall be considered as read.

6.     Waives all points of order against provisions of the bill, as amended.  This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).

7.     Makes in order the further amendment in the nature of a substitute printed in part B of the report of the Committee on Rules, if offered by Representative Ros-Lehtinen of Florida or her designee, which shall be in order without intervention of any point of order except those arising under clause 9 or 10 of rule XXI, shall be considered as read, and shall be separately debatable for 30 minutes equally divided and controlled by the proponent and an opponent.

8.     Provides one motion to recommit with or without instructions.

9.     Structured rule for consideration of H.R. 2410.

10. Provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on Foreign Affairs.

11. Waives all points of order against consideration of the bill except clauses 9 or 10 of rule XXI.

12. Provides that the committee amendment in the nature of a substitute recommended by the Committee on Foreign Affairs now printed in the bill shall be considered as an original bill for the purpose of amendment.

13. Provides that the amendment in the nature of a substitute shall be considered as read. 

14. Waives all points of order against the amendment in the nature of a substitute except clause 10 of rule XXI.  This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).

15. Makes in order only those amendments printed in part C of the Rules Committee report accompanying the resolution.

16. Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

17. Waives all points of order against the amendments printed in the report except for clauses 9 or 10 of rule XXI.

18. Provides one motion to recommit with or without instructions.

19. Provides that in the engrossment of H.R. 2410, the text of H.R. 1886, as passed by the House, shall be added as new matter at the end of H.R. 2410.

—————

RESOLUTION

            Resolved, That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 1886) to authorize democratic, economic, and social development assistance for Pakistan, to authorize security assistance for Pakistan, and for other purposes.   All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  The amendment in the nature of a substitute recommended by the Committee on Foreign Affairs now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted.  The bill, as amended, shall be considered as read.  All points of order against provisions of the bill, as amended, are waived.  The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Foreign Affairs; (2) the further amendment in the nature of a substitute printed in part B of the report of the Committee on Rules, if offered by Representative Ros-Lehtinen of Florida or her designee, which shall be in order without intervention of any point of order except those arising under clause 9 or 10 of rule XXI, shall be considered as read, and shall be separately debatable for 30 minutes equally divided and controlled by the proponent and an opponent; and (3) one motion to recommit with or without instructions.

            Sec. 2.  At any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2410) to authorize appropriations for the Department of State and the Peace Corps for fiscal years 2010 and 2011, to modernize the Foreign Service, and for other purposes.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Foreign Affairs.  After general debate the bill shall be considered for amendment under the five-minute rule.  It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Foreign Affairs now printed in the bill.  The committee amendment in the nature of a substitute shall be considered as read.  All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 10 of rule XXI.  Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in part C of the report of the Committee on Rules.  Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.  All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI.  At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted.  Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute.  The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

            Sec. 3.  In the engrossment of H.R. 2410, the Clerk shall --

            (a) add the text of H.R. 1886, as passed by the House, as new matter at the end of H.R. 2410;

            (b) conform the title of H.R. 2410 to reflect the addition to the engrossment of H.R. 1886;

            (c) assign appropriate designations to provisions within the engrossment; and

            (d) conform provisions for short titles within the engrossment.

 SUMMARY OF THE AMENDMENT IN PART A PROPOSED TO BE CONSIDERED AS ADOPTED FOR H.R. 1886

Makes a number of changes to title II of H.R. 1886 as reported out by the Committee on Foreign Affairs.  These changes include:  1) dropping specific authorizations in fiscal years 2011 to 2013 for Foreign Military Financing  (FMF) for Pakistan and making necessary conforming changes;  2) adding additional flexibility to the FMF program for Pakistan for fiscal years 2010 and 2011; 3) amending section 204 relating to the Pakistani Counterinsurgency Capability Fund (PCCF), including making adjustments to the terms and conditions of the PCCF for fiscal year 2010 and dropping the authorization for PCCF for fiscal years 2011-2013.

Authorizes the President to proclaim duty-free treatment of certain textile and apparel products, as well as nontextile and nonapparel products, from designated Reconstruction Opportunity Zones within or through September 30, 2024.

Authorizes the President to designate Reconstruction Opportunity Zones within Afghanistan or Pakistan, provided (1) certain eligibility criteria are met, including that such countries establish, or make continual progress toward establishing, a market-based economy, instituting rule of law, protecting core labor standards and acceptable conditions of work; and (2) the designation of the Reconstruction Opportunity Zone (ROZ) in an area is “appropriate” taking into account factors such as the desire of the country to have an ROZ designated in the area, the ability to set up a labor rights monitoring program in the area, and the potential of generating employment; Sets forth requirements to prevent the unlawful transshipment of such products; Permits duty-free treatment to be provided to products of an ROZ in Afghanistan or Pakistan after a set-up period only if the President certifies that the country has (1) established a labor monitoring program in the ROZ, (2) designated a Labor Official responsible for, among other things, overseeing the implementation of the monitoring program, and (3) agreed to require textile or apparel producers to participate in the labor monitoring program; Authorizes the President to waive, withdraw, suspend, or limit the application of duty-free treatment under this Act.

The bill’s total cost is $105 million over a ten-year period.  These costs are paid for by increasing Customs user fees.

TEXT OF THE AMENDMENT

SUMMARY OF THE AMENDMENT IN PART B PROPOSED TO BE MADE IN ORDER FOR H.R. 1886

Ros-Lehtinen: Amendment in the nature of a substitute- the substitute fully funds the administration’s request for non-military assistance to ($1.5 billion) for FY 2010 and provides “such sums” as may be necessary through 2013.  It also requires that the administration submit a comprehensive interagency strategy and implementation plan; requires quarterly briefings on developments in ; as well as written notification to the Congress of adjustments in strategy and related changes in allocations and expenditures. (30 minutes)

TEXT OF THE AMENDMENT

SUMMARY OF AMENDMENTS IN PART C TO BE MADE IN ORDER TO H.R. 2410

1. Berman (CA)

Manager’s Amendment which (1) makes a number of minor, technical and conforming changes, including changes to address concerns of other Committees that have jurisdiction over certain provisions of H.R. 2410 and making changes to certain authorizations; (2) adds the relevant text from H.R. 2828, 110th Congress, as passed by the House, relating to compensation of Foreign Service victims of terrorism; (3) adds a provision relating to streamlining export controls to better serve the scientific and research community, consistent with the protection of U.S. national security interests; (4) adds a  on monitoring and evaluating certain U.S. overseas activities; (5) adds a provision to improve the stabilization and reconstruction activities of the Department of State; (6) adds a provision on implementation of an international nuclear fuel bank;  (7) adds a provision relating to the development of a food security strategy; (8) adds certain other sense of congress provisions;  and (9) adds a new subsection to section 334 providing that nothing in that section shall be construed as affecting existing statutory prohibitions relating to abortion.

(20 minutes)

2. Ros-Lehtinen (FL)

Would require the Secretary of State to withhold from the contribution to the International Atomic Energy Agency an amount equal to nuclear technical cooperation provided by the IAEA in 2007 to , , and .

(10 minutes)

3. Polis (CO)

Would broaden the experience within the Foreign Service and encourage Foreign Service officers to pursue a functional specialty by making it mandatory to develop a functional focus during an officer's first two years as well as creating a more diverse promotions panel where functional and regional specialists are evenly distributed.  It would require the State Department to make materials from libraries and resource centers, including films available over the internet when possible and for the advisory commission on public diplomacy to gauge the effectiveness of online outreach authorized under section 214.

(10 minutes)

4. Hunter (CA)

Would include the Secretary of Defense as a member of the Task Force on the Prevention of Illicit Small Arms Trafficking in the Western Hemisphere .

(10 minutes)

5. Nadler (NY)

Sense of Congress that the should continue working with the states of the former Soviet Union to see that émigrés from these states who now live in the are paid the pensions they are owed by these states.

(10 minutes)

6. McCaul (TX)

Would direct the President to develop and transmit to the appropriate congressional committees a comprehensive interagency strategy and implementation plan to address the ongoing crisis in . This includes a description of how the assistance will be used to achieve a policy towards , financial plan, management of foreign assistance, and criteria used to determine their prioritization.

(10 minutes)

7. Larsen, Rick (WA)/
Kirk (IL)

Would provide that the policy of the , with respect to the UN Framework Convention on Climate Change, shall be to prevent any weakening of, and ensure robust compliance with and enforcement of, existing international legal requirements for the protection of intellectual property rights, related to energy or environmental technologies.

(10 minutes)

8. Sessions (TX)

Sense of Congress that has the right to defend itself from an imminent nuclear or military threat from and other countries and organizations.

(10 minutes)

9. Davis, Susan (CA)/
Grayson (FL)

Would require the Inspectors General of the Department of State, the Department of Defense, the United States Agency for International Development, and the Special Inspector General for Afghanistan Reconstruction to modify their auditing and assessment protocols for Afghanistan to include the impact U.S. development assistance has on the social, economic, and political empowerment of Afghan women as part of their auditing and reporting requirements.

(10 minutes)

10. Brown-Waite (FL)

Would strike Sec. 505, domestic release of the Voice of America film entitled ‘‘A Fateful Harvest’’.

(10 minutes)

11. Holt (NJ)

Would direct the Secretary of State to report within 60 days of enactment on changes in treaty and U.S. laws that could help improve compliance with the Hague Convention on the Civil Aspects of International Child Abduction. 

(10 minutes)

12. Brown-Waite (FL)

Would strike section 303, establishment of the Lessons Learned Center .

(10 minutes)

13. Bishop, Tim (NY)

Would require a GAO study of the effects of USAID’s use of waivers under the Buy America Act for HIV test kits on 1) United States-based manufacturers and 2) availability of and access to HIV testing for at-risk populations in low-income countries.

(10 minutes)

14. Moore, Gwen (WI)

Would make clear that passage of laws in Afghanistan that restrict or repress human rights, including the rights of women, undermines the support and goodwill shown by the international community and the U.S. through the considerable financial aid that has been provided to help rebuild Afghanistan and may make it harder to generate public support for those seeking to provide such support in the future.

(10 minutes)

15. Royce (CA)

Sense of Congress that 's support for armed insurgents in poses a direct threat to the national security interests of the , that the Secretary of State should designate a State Sponsor of Terrorism, and that the United Nations Security Council should impose sanctions against .

(10 minutes)

16. Meeks, Gregory (NY)

Would require the Secretary of State to report to Congress on bilateral efforts to promote equality and eliminate racial discrimination in the Western Hemisphere .

(10 minutes)

17. Matheson (UT)

Would provide that the Secretary of State, in consultation with the Attorney General and the Director of the Census Bureau, will conduct a feasibility study and issue a report to Congress on whether there can be implemented a method for using the passports of U.S. citizens living overseas to facilitate voting in U.S. elections and for being counted in the U.S. Census.

(10 minutes)

18. Kirkpatrick (AZ)

Would add to the monitoring and evaluation system established in the bill a requirement to look at the illegal southbound flow of cash.

(10 minutes)

19. Kirk (IL)

Would allow the Secretary of State, at her discretion, to make payments from the Rewards for Justice program to officers or employees of foreign governments who provide information leading to the capture of exceptional and high-profile terrorists.

(10 minutes)

20. Lynch (MA)

Would direct the State Department to submit to Congress a report on the 1059 and 1244 Special Immigrant Visa Programs for certain Iraqis and Afghanis who work for, or on behalf of, the U.S. Government. 

(10 minutes)

21. Hill (IN)

Would require the Department of State to conduct a cost-benefit analysis in conjunction with all appropriate Federal departments and agencies on how to best use American funds to reduce smuggling and trafficking in persons.

(10 minutes)

22. Peters (MI)

Would provide that the Secretary of State shall report to Congress on the flow of people, goods, and services across the international borders shared by the , , , Bermuda, and the Caribbean region.

(10 minutes)

23. Teague (NM)/
Titus (NV)/
Giffords (AZ)

Would create the Global Clean Energy Exchange Program a program to strengthen research, educational exchange, and international cooperation with the aim of promoting the development and deployment of clean and efficient energy technologies.

(10 minutes)

24. Johnson, Eddie Bernice (TX)

Would establish and provide financial assistance for exchange programs between and the for women legislators.

(10 minutes)

25. Johnson, Eddie Bernice (TX)

Sense of Congress that the use of child soldiers is unacceptable and is a violation of human rights and the prevention and elimination of child soldiers should be a foreign policy goal of the .

(10 minutes)

26. Poe (TX)

Would make it a two year requirement for the President to report total cash and in-kind contributions to the entire United Nations system each fiscal year by every agency or department.

(10 minutes)

27. Castle(DE)/ Dent (PA)

Would require reports to Congress every 90 days listing the countries that refuse or unreasonably delay accepting nationals of such countries who are under final orders of removal from the .  The amendment empowers the Secretary of State to suspend diplomatic visa issuances to any country that continues to deny or unreasonably delay repatriation.  

(10 minutes)