H.R. 2745 - Henry J. Hyde United Nations Reform Act of 2005

COMMITTEE ACTION:  REPORTED BY VOICE VOTE on Tuesday, June 14, 2005.
FLOOR ACTION: ADOPTED BY VOICE VOTE on Thursday June 16, 2005.
MANAGERS: BISHOP(UT)/HASTINGS(FL)
109th Congress
1st Session

 

H. RES. 319
[Report No. 109-132]

H.R. 2745 - Henry J. Hyde United Nations Reform Act of 2005


1. Structured rule.

2. Provides 20 minutes of general debate to be 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 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.

6. Makes in order only those amendments printed in the Rules Committee report and amendments en bloc described in section 3 of the resolution.

7. Provides that amendments shall be considered only in the order specified in the report, may be offered only by a Member designated in the report, shall be debatable for the time specified in the report, shall not be subject to amendment, 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 Rules Committee report and amendments en bloc described in section 3 of this resolution.

9. Provides for an additional 20 minutes of general debate on the topic of accountability of the United Nations prior to consideration of amendments printed in subpart A of Part 1 of the report; an additional 10 minutes of general debate on the topic of United Nations peacekeeping operations prior to consideration of amendments printed in subpart B of Part 1 of the report; an additional 10 minutes of general debate on the topic of the International Atomic Energy Agency prior to consideration of amendments printed in subpart C of Part 1 of the report; an additional 20 minutes of general debate on the topic of human rights prior to consideration of amendments printed in subpart D of Part 1 of the report; an additional 20 minutes of general debate on the topic of the Oil-for-Food Program prior to consideration of amendments printed in subpart E of Part 1 of the report.

10. Authorizes the chairman of the Committee on International Relations or his designee to offer amendments en bloc consisting of amendments in part 2 of the report or germane modifications thereto, which shall be considered as read except that modifications shall be reported, which shall not be subject to amendment or a demand for division of the question in the House or Committee of the Whole, and which 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.

11. 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. 2745) to reform the United Nations, 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 20 minutes 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. 

           Sec. 2. (a) 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.  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.

           (b) 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 the report of the Committee on Rules accompanying this resolution and amendments en bloc described in section 3 of this resolution.

           (c)  Each amendment printed in the report of the Committee on Rules shall be considered 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. 

           (d) All points of order against amendments printed in the report of the Committee on Rules or amendments en bloc described in section 3 of this resolution are waived.

           (e)(1) Consideration of amendments printed in subpart A of part 1 of the report of the Committee on Rules shall begin with an additional period of general debate, which shall be confined to the subject of accountability of the United Nations and shall not exceed 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on International Relations.

           (2) Consideration of amendments printed in subpart B of part 1 of the report of the Committee on Rules shall begin with an additional period of general debate, which shall be confined to the subject of United Nations peacekeeping operations and shall not exceed 10 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on International Relations.

           (3) Consideration of amendments printed in subpart C of part 1 of the report of the Committee on Rules shall begin with an additional period of general debate, which shall be confined to the subject of the International Atomic Energy Agency and shall not exceed 10 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on International Relations.

           (4) Consideration of amendments printed in subpart D of part 1 of the report of the Committee on Rules shall begin with an additional period of general debate, which shall be confined to the subject of human rights and shall not exceed 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on International Relations.

           (5) Consideration of amendments printed in subpart E of part 1 of the report of the Committee on Rules shall begin with an additional period of general debate, which shall be confined to the subject of the Oil-for-Food Program and shall not exceed 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on International Relations.

           Sec. 3.  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 part 2 of the report of the Committee on Rules not earlier disposed of or germane modifications of any such amendment.  Amendments en bloc offered pursuant to this section shall be considered as read (except that modifications shall be reported), 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.  For the purpose of inclusion in such amendments en bloc, an amendment printed in the form of a motion to strike may be modified to the form of a germane perfecting amendment to the text originally proposed to be stricken.  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. 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 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.

 

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER

 (Summaries derived from information provided by the amendment sponsor.)

PART 1 - SUBPART A

 

 

 

 

(Accountability of the United Nations)

1. King (NY) #3:        
Instructs the President to direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the to ensure the Secretary General exercises the right and duty to waive immunity of any United Nations official who is under investigation for or is charged with committing a serious criminal offense. (10 minutes)

2. Garrett #27:
Requires the Comptroller General to submit a report to Congress describing the costs associated with the contracting for and construction of the Geneva, , buildings of the World Meteorological Organization (WMO) and the World Intellectual Property Organization (WIPO). (10 minutes)

3. Cannon #28:
Adds whether the United Nations or any of its specialized agencies have contracted with parties on the U.S. Government's Excluded Parties List to the report to Congress on the state of U.N. reforms since 1990. (10 minutes)

4. McCotter #20:      
Provides that no employee of the U.N. shall be compensated while participating in a domestic election except for voting and acting on behalf of the U.N. in an authorized U.N. mission; that the U.N. cannot hire an employee who has been convicted in a generally recognized court for any crime or crimes involving financial misfeasance, malfeasance, fraud or perjury; that any U.N. employee who is convicted for any crime or crimes involving financial misfeasance, malfeasance, fraud or perjury shall be subject to termination; that any employee who has contact regarding the internal ongoing operations of the U.N. with any person not employed by the U.N. shall prepare a memorandum of such contact and make it available to Member States. (10 minutes)

5. Poe #12:     
Requires OMB to submit a report to the House International Relations Committee on the contributions to the U.N.  The report shall include assessed, voluntary, and in-kind contributions.  (10 minutes)

6. Stearns #7:
Gives the Independent Oversight Board and the Office of Internal Oversight Services subpoena power in conducting their investigations.  (10 minutes)

 

TEXT OF PART 1 - SUBPART A

 (Accountability of the United Nations)

1King (NY) #3
2. Garrett #27
3. Cannon #28
4. McCotter #20
5. Poe #12
6. Stearns #7  

* * * * * *

PART 1 - SUBPART B

(United Nations Peacekeeping Operations)

 

1. Boozman #8:
Adds the lifting of restrictions on the secondment of military personnel to serve at the Department of Peacekeeping Operations headquarters in New York to the list of reforms which the should pursue. It is not linked to a certification requirement and withholding of assistance. (10 minutes)

2. Kline #1:
Requires that nothing in the title regarding peacekeeping operations shall be construed as superseding the Uniform Code of Military Justice or operating to affect the surrender of officials to a foreign country or international tribune, including the International Criminal Court, and nothing in the title shall be interpreted in a manner inconsistent with the American Servicemembers' Protection Act. (10 minutes)

      

TEXT OF PART 1 - SUBPART B

(United Nations Peacekeeping Operations)  


1. Boozman #8
2
. Kline #1   

 

* * * * * *

 

PART 1 - SUBPART C

(International Atomic Energy Agency)

1. Cantor/Berkley #18:
Directs the U.S. Permanent Representative to the IAEA to ensure that the IAEA Board of Governors adopts a resolution making ineligible to receive any nuclear material, technology, equipment, or assistance from any

IAEA

Members

State until is in full compliance with the IAEA. (10 minutes)

2. Kirk/Andrews #5:
Calls for the International Atomic Energy Agency (IAEA) to rescind the Small Quantities Protocol (SQP) and requires that any nation that has signed the SQP to have implemented and be in compliance with the Additional Protocol providing for more stringent inspections; and prohibit any IAEA members from receiving any nuclear-related material, technology, equipment, or assistance and subject it to penalties, if they do not adhere to the higher inspections standards. (10 minutes)

3. Markey #17:
Calls for the President to direct the U.S. Permanent Representative to the IAEA to call for penalties to any State Member that violates or withdraws from the Nonproliferation Treaty by requiring them to return any nuclear materials or technology acquired for peaceful purposes. (10 minutes)

 

TEXT OF PART 1 - SUBPART C

(International Atomic Energy Agency)

1.Cantor/Berkley #1
2. Kirk/Andrews #5
3. Markey #17

 

 

 

* * * * * *

PART 1 - SUBPART D

 (Human Rights)  

1. Royce #11:
Adds an additional paragraph to the list of reforms in section 201(b), which the President shall direct the U.S. Permanent Representative to the U.N. to achieve in the area of human rights reforms.  The new paragraph states that country specific resolutions shall not be eliminated.  This additional provision is made part of the certification and withholding process of section 601. (10 minutes)

2. Fortenberry #29:
Directs the U.S. Permanent Representative to the U.N. to use the voice, vote, and influence of the U.S. at the U.N. to make every effort to ensure the formal adoption and implementation of mechanisms to: 1) suspend the membership of a Member State if it is determined that the government of such Member State is engaged or complicit in act of genocide, war crimes, or crimes against humanity; 2) impose an arms and trade embargo, travel restrictions and asset freeze upon groups or individuals responsible for such acts; 3) deploy a U.N. peacekeeping operation from an international or regional organization; 4) deploy monitors from the U.N. High Commissioner for Refugees to the area where such acts are occurring; and 5) authorize the establishment of an international commission of inquiry into such acts.  Links the provision to the certification and withholding process under section 601. (10 minutes)

TEXT OF PART 1 - SUBPART D

(Human Rights)

 
1. Royce #11
2. Fortenberry #29

* * * * * *

PART 1 - SUBPART E

(Oil-for-Food Program)

1. Flake #9:
Creates a certification of U.N. cooperation that requires the U.N. to release documents that concern the Oil-for-Food Program, upon request of the permanent representatives of member states; and to waive the immunity of U.N. officials from the judicial process in the U.S. for civil or criminal acts under federal or state law that transpired in the U.S. and in connection with the Oil-for-Food Program. (10 minutes)

2. Barton #21:
Directs the Independent Oversight Board to review the Final Report of the Independent Inquiry Committee (IIC) into the United Nations Oil for Food Program (OFF).  The IOB’s review would focus on the adequacy of the IIC’s Final Report or any subsequent reports of the IIC or any possible successor to the IIC.  (10 minutes)

TEXT OF PART 1 - SUBPART E

(Oil-for-Food Program)

1. Flake #9
2. Barton #21

 

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 PART 2

1. Chabot/Lantos #2:
Directs the ambassador to the U.N. to oppose anti-Semitic statements and anti-Israel resolutions in the U.N. (10 minutes)

2. Wilson (SC) #4:
Adds the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories and any other entity the Secretary determines results in duplicative efforts or funding or fails to ensure balance in the approach to Israeli-Palestinian issues to the list of entities which the Department of State is directed to review and report on in order to avoid duplicative efforts and funding. (10 minutes)

3. King (IA) #14: 
Prohibits the Secretary of State from making contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) in an amount greater than the highest contribution to UNRWA made by an Arab country, but may not exceed 22% of the total budget of UNRWA. (10 minutes)


4. McCotter/Engel #24:
Calls on U.S. Permanent Representatives to ensure full implementation of United Nations Security Council Resolution (UNSCR) 1559, including by calling for U.N. inspectors to verify and certify withdrawal of all foreign forces, including security, intelligence, and police, as well as disarming of all militias; and by calling for U.N. observer team to prevent further manipulation of the Lebanese electoral process, including helping to prevent targeted assassination of Lebanese political figures.  This amendment also calls for the U.S. to seek adoption of a UNSC Resolution to impose punitive measures on Syria and other foreign forces, such as Iran, whose forces remain in Lebanon in violation of UNSCR 1559 and those who directly, or through their proxies, are infringing upon the territorial integrity or political sovereignty of Lebanon. (10 minutes)

5. Pence #16:
Requires that there be no more than five times difference in the levels of assessment among the permanent members of the U.N. Security Council.  If the Secretary of State cannot certify that such requirement is met, the U.S. Ambassador to the U.N. is required to use the voice, vote and influence of the to deny that permanent member the use of their veto in the Security Council. (10 minutes)

6. Ros-Lehtinen #23:
Calls for the establishment of a democracy fund to assist countries that respect and uphold human rights and are determined by the Secretary of State to be emerging democracies or democracies in transition.  Fund would be administered by the and other members of the U.N. Democracy Caucus. (10 minutes)

7. Garrett #25:
Discourages the State Department from increasing the size of the U.N. Security Council if such an increase would diminish the ' influence on the Council. (10 minutes)

8. Garrett #26:
Directs the U.S. Permanent Representative to the U.N. to make every effort to enforce zero nominal growth in all assessed dues to the regular budget of the U.N., its specialized agencies, and its funds and programs. (10 minutes)

9. Gohmert #13:
Prohibits assistance to a country that opposed the position of the in the U.N.  The term "opposed the position of the " means, in the case of a country, that the country's votes in the General Assembly and Security Council (if the country is a member) were the same as the position of the less than 50 % of the time. (10 minutes)

10. Kucinich #10:
Adds "strengthening of international labor rights" as another U.N. reform and adds it to the certification and withholding process of section 601. (10 minutes)

11. Pearce #22:
Prohibits an employee from any U.N. entity, bureau, division, department, or specialized agency from having unauthorized contact, including business contact, with a

Member

State that is subject to U.N. sanctions. (10 minutes)

12. Stearns #6: 
Changes the amount of regular dues withheld from 50% to 75%. (10 minutes)

13. Lantos/Shays #15:
Amendment in the Nature of a Substitute.  Contains all the reforms of H.R. 2745, with the following differences: 1) Rather than require withholding dues if certain reforms are not met, the substitute authorizes the Secretary of State to withhold up to 50% of our U.N. dues, but would not mandate such a cut; 2) Rather than withhold a portion of U.S. dues to the U.N. if its member states refuse to change certain programs from the "assessed" to the "voluntary" budget, the substitute authorizes the Secretary of State to withhold up to 50% of U.S. dues to the U.N. dues if substantial progress has not been made to carry out such a change; 3) while keeping the U.N. reforms on peacekeeping, the substitute provides the Secretary of State with a waiver in the event that a new or expanded mission is essential to America's national interest; 4) the substitute also ensures that we do not withhold funds from the U.N. when it is separate specialized agencies, such as the World Health Organization or the World Intellectual Property Organization, that have failed to make necessary reforms; 5) the substitute provides for an extension of the authority to pay our peacekeeping dues at 27.1 percent for the next two years, ensuring that we do not immediately go into arrears at the U.N.; and the amendment includes incentives by supporting an effort to pay our dues on time (we now pay in the last quarter of the calendar year), supports an increased U.N. budget for the large number of new offices that will be needed to implement the reforms, supports a well structured buyout of unneeded U.N. personnel and supports a contribution to the U.N. Democracy Fund. (30 minutes)  

Text of Part 2

1. Chabot/Lantos #2
2. Wilson (SC) #4
3. King (IA) #14
4. McCotter/Engel #24
5. Pence #16
6. Ros-Lehtinen #23
7. Garrett #25
8. Garrett #26
9. Gohmert #13
10. Kucinich #10
11. Pearce #22
12. Stearns #6
13. Lantos/Shays #15