H.R. 1950 - Foreign Relations Authorization Act, FY 2004-2005

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Monday, July 14, 2003.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 222-201 on Tuesday, July 15, 2003.
MANAGERS: DIAZ-BALART/MCGOVERN
108th Congress
1st Session

H.R. 1950 - Foreign Relations Authorization Act, FY 2004-2005

1. Structured rule.

2. Provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on International Relations.

3. Waives all points of order against consideration of the bill.

4. Provides that the amendment in the nature of a substitute recommended by the Committee on International Relations now printed in the bill modified by the amendments recommended by the Committees on Armed Services and Energy and Commerce also printed in the bill shall be considered as an original bill for the purpose of amendment and shall be considered as read.

5. Waives all points of order against the amendment in the nature of a substitute recommended by the Committee on International Relations modified by the amendments recommended by the Committees on Armed Services and Energy and Commerce.

6. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution and en bloc amendments as described in section 2 of the resolution.

7. Provides that amendments shall be considered only in the order specified in the report (except as specified in section 3 of the resolution), may be offered only by a Member designated in the report, 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 except as specified in the report, shall be considered as read, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

8. Waives all points of order against amendments printed in the report and against en bloc amendments as described in section 2 of the resolution.

9. Authorizes the chairman of the Committee on International Relations or his designee to offer amendments en bloc consisting of amendments printed in the report, which shall be considered as read, shall be debatable for 20 minutes equally divided and controlled between the chairman and ranking minority member of the Committee on International Relations or their designees, and shall not be subject to amendment or demand for a division of the question.

10. Provides that the original proponent of an amendment included in such amendments en bloc may insert a statement in the Congressional Record immediately before the disposition of the amendments en bloc.

11. Allows the Chairman of the Committee of the Whole to recognize for the consideration of any amendment printed in the report out of the order printed, but not sooner than one hour after the chairman of the Committee on International Relations or a designee announces from the floor a request to that effect.

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

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RESOLUTION

Resolved, That 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. 1950) to authorize appropriations for the Department of State for the fiscal years 2004 and 2005, to authorize appropriations under the Arms Export Control Act and the Foreign Assistance Act of 1961 for security assistance for fiscal years 2004 and 2005, 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. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on International Relations. 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 International Relations now printed in the bill modified by the amendments recommended by the Committees on Armed Services and Energy and Commerce also printed in the bill. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution and amendments en bloc described in section 2. Each amendment may be offered only in the order printed in the report (except as specified in section 3), 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 except as specified in the report, 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 amendments printed in the report of the Committee on Rules or against amendments en bloc described in section 2 are waived.

Sec. 2. It shall be in order at any time for the chairman of the Committee on International Relations or his designee to offer amendments en bloc consisting of amendments printed in the report of the Committee on Rules not earlier considered. Amendments en bloc offered pursuant to this section shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on International Relations or their designees, 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. The original proponent of an amendment included in such amendments en bloc may insert a statement in the Congressional Record immediately before the disposition of the amendments en bloc.

Sec. 3. The Chairman of the Committee of the Whole may recognize for consideration of any amendment printed in the report of the Committee on Rules out of the order printed, but not sooner than one hour after the chairman of the Committee on International Relations or a designee prospectively announces from the floor a request to that effect.

Sec. 4. 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 amendment in the nature of a substitute made in order as original text. 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.

SUMMARY OF AMENDMENTS MADE IN ORDER

(summaries derived from information provided by sponsors)

1. Smith (NJ)/Oberstar/Hyde:
Strikes the Crowley amendment on United Nations Population Fund (UNFPA) that was adopted in committee and returns the underlying legislation to a neutral position on UNFPA. Eliminates the additional $25 million in funding for UNFPA that the Crowley amendment added. (40 Minutes)

2. Hyde/Lantos:
Authorizes the establishment of a new program of foreign assistance for countries that meet and maintain certain eligibility criteria. Authorizes and expands the Peace Corps. The Millennium Challenge Authorization Act authorizes a new program of assistance ($1.3 billion in FY04, $3 billion in FY05, and $5 billion FY06) for eligible countries for programs that help such countries achieve lasting economic growth and poverty reduction. The assistance would be administered by the Millennium Challenge Corporation, a new government-owned corporation. The Peace Corps Expansion Act contains a Congressional declaration of policy in support of the goal announced by the President of doubling the number of Peace Corps volunteers to 14,000 by 2007. Authorizes $366.8 million in FY04, $411.8 million in FY05, $455.9 million in FY06, and $499.4 million in FY07 for the Peace Corps. (20 Minutes)

3. Kennedy (MN):
Amendment to the amendment offered by Mr. Hyde and Mr. Lantos.
Clarifies that both public and private sector expenditures should be taken into account when considering eligibility for the Millennium Challenge Account, not solely government spending. (10 Minutes)

4. Kolbe:
Amendment to the amendment offered by Mr. Hyde and Mr. Lantos.
Accelerates when lower middle income countries could be eligible for Millennium Challenge Account appropriations, subject to same overall limitation requirement. Would permit lower middle income countries to receive funding in fiscal year 2004 and 2005. (20 Minutes)

5. Kolbe:
Amendment to the amendment offered by Mr. Hyde and Mr. Lantos.
Clarifies the role of USAID and its relationship with the Millennium Challenge Corporation (MCC). Clarifies that both the MCC and USAID should be authorized to receive appropriated funds directly; benefit from transparent reporting and policy lines of authority to the President and Secretary of State; and work together in implementing the MCA vision. (10 Minutes)

6. Paul:
Prohibits funds authorized under this act to be used to pay any U.S. contribution to the United Nations or any affiliated agency of the United Nations. (10 Minutes)

7. Hayworth:
Limits the U.S. contribution to the U.N. regular budget (contributions to other U.N. programs would not be affected) to an amount no greater than that paid by any other permanent Security Council member. (10 Minutes)

8. Tauscher/Bereuter:
Allows exporters of commercial communications satellites to share marketing information with prospective customers in NATO countries, and in Japan, Australia, and New Zealand. Would not allow the transfer of any sensitive encryption and/or source code data, detailed design data, engineering analysis, or manufacturing know-how. (10 Minutes)

9. Rohrabacher:
Permits the President, in the case of exports to NATO countries and major non-NATO allies only, to revise the regulations for the export of satellites as he sees fit. Same version that was adopted in committee and later struck. (10 Minutes)

10. Menendez:
Prohibits foreign assistance to support energy-related projects in the State of Tamil Nadu, India. (10 Minutes)

11. Weldon (PA):
Provides that funds to Moldova shall not be made available unless the President of the United States determines that the government of Moldova has met its obligations with respect to investments made by United States citizens in the Aroma factory in Moldova. (10 Minutes)

12. Manzullo:
Requires that no funds authorized under the bill be used for procurement, subject to the Buy American Act, be spent to acquire articles, materials, and supplies manufactured in the United States that do not have at least 65 percent, rather than the present 50 percent, domestic content. The same requirement is applicable to contracts for construction, alteration, and repair of any public building or public work funded by the bill. (10 Minutes)

13. Crowley:
Re-authorizes the Voice of America (VOA) Modernization Program Contractor Requirements and makes them applicable to all new International Broadcasting Bureau (IBB) competitive programs. (10 Minutes)

14. Schiff:
Expresses the sense of Congress calling for the expeditious issuance of visas to the extent possible and consistent with national security objectives for Russian weapons scientists involved in arms control and non-proliferation exchanges in the United States. (10 Minutes)

15. Schakowsky:
Expresses the sense of Congress that the State Department should provide adequate resources to U.S. embassies and consulates in order to meet the workload requirements for visa application processing. (10 Minutes)

16. Gallegly:
Eliminates requirement that designations of foreign terrorist organizations (FTOs) lapse after two years unless renewed by the Secretary of State. Institutes procedures allowing FTOs to petition the Secretary every two years to have their designations revoked. In the event that in any four year period an entity designated as a FTO does not petition to have its designation revoked, the Secretary would be required to review the entity?s designation and determine whether the designation should be revoked. Establishes a 180-day deadline for the Secretary to complete reviews of certain FTO designations. Allows the Secretary to amend an entity?s designation as a FTO to take account of aliases or different names used by the entity after it is designated, without the need to create a separate administrative record for such an amendment. (10 Minutes)

17. Hostettler/Gallegly:
Provides the Secretary of State with the authority to regulate the issuance of consular identification cards by foreign missions in the United States. Directs the Secretary of State to issue regulations requiring foreign missions to: issue consular identification cards only to bona fide nations of the issuing country; maintain accurate records of all such cards issued; require recipients of such cards to notify the mission of address changes; notify the Secretary of each such card issued in the United States, including the recipient?s name and address; and make records of such cards issued available for audit and review by the State Department at the Secretary?s request. Where the Secretary determines that a foreign mission?s violation of the aforementioned regulations potentially threatens the security of the United States or facilities criminal or fraudulent acts, directs Secretary to notify the government of the mission to suspend issuance of consular cards until compliance with the regulations is established. If the foreign mission fails to suspend issuance in response to such notice, directs Secretary to stop issuing non-immigrant and/or immigrant visa to nationals of the country until Secretary determines mission is in compliance with its regulations. (10 Minutes)

18. Burton:
Extends State Department authority to deny visas to extended family of abductors. Requires the State Department to submit an Annual Report to Congress regarding the measures that they have taken on international child abduction on a country-by-country basis. Requires the State Department to send notices regarding child abduction cases to countries where they are believed to be abducted to. Requires the Secretary to set forth guidelines on how Department of State personnel treat abducted persons who seek asylum. (10 Minutes)

19. Ackerman/King (NY):
Raises the authorized level for reimbursement to localities for services provided for the protection of foreign missions and officials from $25 million in each of fiscal years 2004 and 2005. Also authorizes the State Department to pay $30.6 million in back payments for expenses incurred since 1999. Authorizes the State Department to reprogram up to $5 million for these purposes. (10 Minutes)

20. Ackerman:
Makes it a misdemeanor crime to obstruct, resist or interfere with a federal law enforcement officer who is acting in the performance of the protective functions authorized by the State Department Basic Authorities Act of 1956. (10 Minutes)

21. Andrews:
Expresses the grave concerns of Congress regarding the People?s Republic of China?s deployment of hundreds of ballistic missiles directed towards Taiwan. Calls upon the President of the United States to direct all appropriate U.S. officials to raise these concerns with PRC officials, and seek renunciation from all leaders of the PRC of any threat or use of force against Taiwan. Calls upon the President to authorize the sale of the Aegis missile defense system to Taiwan if China refuses the dismantle the missiles in question. Reaffirms that the future of Taiwan should be determined peacefully and with the expressed consent of the Taiwanese people. (10 Minutes)

22. Bereuter:
Expresses the sense of Congress that the President should consider requesting that NATO raise a force for deployment in post-war Iraq and that other nations contribute troops and police to stabilize and rebuild Iraq. (10 Minutes)

23. Bordallo:
Would include the territories and possessions within the geographic definition of the United States for the purposes of allowing State Department personnel from Guam to be able to transfer back home from a foreign area posting. (10 Minutes)

24. Brown (OH)/Chabot/Rohrabacher/Wexler:
Directs the Secretary of State to submit an unclassified report to Congress describing the plan of the United States to endorse and obtain observer status for Taiwan at the annual week-long summit of the World Health Assembly held by the World Health Organization (WHO) in May of each year in Geneva, Switzerland. (10 Minutes)

25. Crane:
Offers Congress? condolences to the loved ones of those innocent Americans that have been killed in Israel, and calls on the Palestinian Authority to work with Israel to protect all innocent people (regardless of citizenship) from terrorist violence. Requires that the State Department include the killing of every American by terrorists in its annual ?Chronology of Significant Terrorist Incidents,? as reported in the Patterns of Global Terrorism report. (10 Minutes)

26. Hunter/Cunningham/Davis (CA):
Expresses the sense of Congress that the International Boundary and Water Commission shall make treaty negotiations with Mexico on the establishment of a public-private partnership to construct and operate a wastewater treatment facility in Mexico as outlined in P.L. 106-457 a priority. Specifies that the International Boundary and Water Commission shall keep the Congress fully informed on the progress of their negotiations with monthly reports to the authorizing committees. (10 Minutes)

27. Hyde:
Authorizes the transfer of certain surplus naval vessels to five countries: Bahrain, Portugal, Brazil, Chile, and Turkey, resulting in $65 million for the U.S. Treasury. (10 Minutes)

28. Hyde:
Strikes Section 227 and provides the Secretary of State with the authority to establish and implement a security capital cost-sharing program which is designed to collect funds from each agency to assist in the cost of building new secure facilities. Starting in fiscal year 2005, the Secretary of State is authorized to determine on an annual basis fees to be collected from other government agencies that have personnel assigned overseas in diplomatic facilities and to use such fees to construct safe and secure new embassy compounds. The funds generated by this new cost-sharing program are expected to expedite the construction schedule for new secure facilities shortening the average time from 26 years to 12 years. (10 Minutes)

29. Hyde:
Makes technical corrections including correction of a misspelled word; deletes Section 208 which was repeated as Section 230; provides the correct title to an Act; corrects subparagraph lettering and numbering; strikes repetitive language. (10 Minutes)

30. Lantos:
Requires that any assistance provided under the limited ?democratic policing? exemption to section 660 of the Foreign Assistance Act of 1961 may only be provided pursuant to the notification procedures of Section 634A of the Foreign Assistance Act of 1961. (10 Minutes)

31. Maloney/Lantos:
Authorizes an Afghan Women?s Fund of not less than $22.5 million each year between fiscal year 2003 and 2005. The Fund would give special attention to programs designed to increase women and girls? access to health care, education, and income earning opportunities as well as to programs to prevent trafficking in persons. Requires not less than 15% of the Fund to support the programmatic activities and organizational development of Afghan women-led non-governmental organizations in each fiscal year from 2003 to 2005. (10 Minutes)

32. Rangel/Lee:
Allows the addition of Antigua and Barbuda, the Bahamas, Belize, Domnica, Grenada, Jamaica, Montserrat, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Saint Lucia, Suriname, Trinidad and Tobago, and the Dominican Republic to the list of countries eligible for assistance from the HIV/AIDS Global Fund. (10 Minutes)

33. Sherman:
Declares that it is the policy of the United States that there be a free and fully democratic government in Iran; that the United States supports transparent, full democracy in Iran; that the United States supports the rights of the Iranian people to choose their system of government through an internationally monitored referendum; and that the United States condemns the brutal treatment, imprisonment, and torture of Iranian civilians expressing political dissent. (10 Minutes)

34. Smith (NJ):
Prohibits an increase in non-humanitarian U.S. assistance to Vietnam in fiscal year 2004 unless the government makes substantial progress toward releasing political and religious prisoners, respecting religious freedom, allowing open access to the U.S. for its refugee program, respecting the rights of ethnic minority groups in the central highlands, is not acting in complicity with organizations trafficking human persons. Authroizes $2 million for each fiscal year 2004 and 2005 for non-governmental organizations promoting universally recognized human rights in Vietnam. Authorizes $9.1 million in fiscal year 2004 and $1.1 million in fiscal year 2005 to overcome Vietnamese jamming of Radio Free Asia. Establishes cultural exchanges with Vietnam. Extends U.S. refugee programs to Vietnamese who would have previously been eligible but missed deadlines due to circumstances beyond their control. Calls upon the Secretary of State to issue an annual report on Vietnam?s progress toward freedom and democracy. (10 Minutes)

35. Souder:
Requires all new embassies, consulates, and other diplomatic buildings conform to and fit within the architectural integrity of the neighborhood in which they are located. (10 Minutes)

36. Stearns:
Supports the role of the State Department as the central authority for the Hague Convention on Inter-country adoptions. (10 Minutes)

37. McKeon:
Expresses the sense of Congress that the Executive Branch of the Mexican Government should work closely with the Mexican Supreme Court in order to persuade the court to reconsider its October 2001 ruling so that the possibility of a life imprisonment sentence would not interfere with the timely extradition of criminal suspects from Mexico to the United States. (10 Minutes)

38. Dreier/Stenholm:
Expresses the sense of Congress that the United States and Mexico should as soon as is practicable commence negotiations in an attempt to reach a migration accord that is as comprehensive as possible and which addresses the key issues of concerns for both nations. Also expresses the sense of Congress that as part of any migration agreement between the U.S. and Mexico, the issues of the extradition of violent criminals and law enforcement cooperation between the two nations be addressed. Strikes the provision in Section 731 relating to Petroleos Mexicanos (PEMEX). (10 Minutes)

39. Walsh:
Extends the Irish Peace Cultural and Training Program Act of 1998 through 2008. The program provides for admission into the United States of up to 4,000 young disadvantaged aliens each fiscal year from designated counties Northern Ireland and the Republic of Ireland suffering from sectarian violence and high unemployment. (10 Minutes)

40. Collins:
Provides for the transfer of a Vietnam-era Cessna L-19D Bird Dog aircraft that is excess to the needs of the State Department to the Army Aviation Heritage Foundation. The conveyance shall be made by means of a conditional deed of gift. (10 Minutes)

41. Waters:
Requires the Secretary of the Treasury to submit annual reports that describe the progress made in modifying the Enhanced HIPC Initiative to provide deeper debt relief to heavily indebted poor countries. (10 Minutes)

42. Hefley:
Prohibits Indonesia from receiving International Military Education and Training (IMET) funds until the President certifies to the appropriate Congressional committees that the Government of Indonesia and the Indonesian Armed Forces are taking effective measures to determine culpability for an August 2002 terrorist attack against ten Americans, including cooperation with the Director of the FBI in conducting a full investigation of the attack and criminally prosecuting those responsible for the attack. (10 Minutes)

TEXT OF THE AMENDMENT(.pdf)