Foreign Relations Authorization Act, Fiscal Years 2006 and 2007
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2006 AND 2007 -- (House of Representatives - July 20, 2005)
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AMENDMENT NO. 21A OFFERED BY MR. SMITH OF NEW JERSEY
Mr. SMITH of New Jersey. Mr. Chairman, I offer an amendment.
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Mr. SMITH of New Jersey. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment simply requires that the State Department submit a report to Congress that one, identifies by name all NGOs receiving funding under the President's emergency plan for AIDS relief, the date that the funding was provided, and the date on which the NGO filed the statement certifying its policy explicitly opposing prostitution and sex trafficking.
Number two, it describes the Department of State's plans to audit the compliance by nongovernmental organizations receiving U.S. funding under the President's Emergency Plan for AIDS relief to have and adhere to an explicit policy opposing prostitution and sex trafficking and a description of the plan of the Department of State to transmit the results to the appropriate congressional committees.
Mr. Chairman, I would just note for my colleagues, this is a very simple amendment. When the Hyde historic legislation on HIV/AIDS was considered by the committee, I offered the amendment that was included in that bill to ensure that the NGOs, to which we provide considerable amounts of money and, in many cases, we are talking tens of millions of dollars, are not in any way complicit in sex trafficking nor in the promotion of prostitution and its legality.
I would point out to my colleagues that by way of historical background, I am the prime sponsor of the Trafficking Victims Protection Act of 2000 and the Trafficking Victims Protection Act Reauthorization and Expansion Act of 2003. We take very seriously our obligation to ensure that we as a government, we as a provider of significant Federal funding, in no way are enabling this modern-day slavery called sex trafficking or prostitution, which is its very close cousin.
I would hope that Members would realize that this is a very simple amendment. It just requires that we get basic information, which I think in our oversight capacity we have an obligation to do as a Congress and as certain committees of the Congress.
So I hope that Members will support this.
Mr. Chairman, I reserve the balance of my time.
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Mr. SMITH of New Jersey. Mr. Chairman, I rise in very strong opposition to the Kucinich amendment. A key element in a robust defense against ballistic missiles is the deployment of space-based weapons to intercept them in flight. We are talking about in all cases nonnuclear interceptors to stop an incoming nuclear device.
I think the amendment, while well intentioned, and I respect the gentleman from Ohio, is very counterproductive and puts our cities and our population at risk. I strongly oppose this amendment and urge my colleagues to defeat it.
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AMENDMENT NO. 24 OFFERED BY MR. LANTOS
Mr. LANTOS. Mr. Chairman, I offer an amendment.
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Mr. SMITH of New Jersey. Mr. Chairman, I thank the distinguished gentleman for yielding.
I want to associate myself with the remarks of the gentleman from Illinois (Chairman Hyde). This is a very creative amendment; 9/11 should not mean that the welcome mat has been pulled. As the gentleman from California (Mr. Lantos) points out in the amendment's findings, $13 billion every year is earned from foreign students coming in. But it is not the money, per se, although that helps our colleges and universities. It is the fact that these students have the opportunity to learn what democracy is all about, to learn what a capitalist system can produce for their people when they return. They can also learn skills that will save lives in the area of medicine as well as in law and so many other areas.
It is a very, very creative amendment, I think, and will lead to best practices that will result in more students taking the good infection back to their respective countries. I again want to congratulate the gentleman on this excellent amendment.
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AMENDMENT NO. 28 OFFERED BY MS. WATSON
Ms. WATSON. Mr. Chairman, I offer an amendment.
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Mr. SMITH of New Jersey. Mr. Chairman, I thank the gentleman for yielding me this time.
I thank the gentleman from California (Mr. Royce) for his outstanding work on this issue, and I rise in strong support of the gentlewoman from California's (Ms. Watson) very important amendment.
Mr. Chairman, in August of 2003, the Government of Nigeria, at the urging of the governments of the United States and Great Britain, gave asylum to then-Liberian President Charles Taylor. The purpose was to prevent further bloodshed and to allow for a transition back to a democratically elected government in Liberia. The deal was struck in spite of the indictment of Taylor by the Special Court for Sierra Leone in June of that year on 17 counts of war crimes, including mass murder, sexual slavery, rape, hostage-taking, amputations, forced conscriptions of children and adults, arson, looting, and many other abuses of human rights.
Nevertheless, the action by the Nigerian Government likely saved thousands of lives and is providing at least a chance for free elections in Liberia in October. However, the deal was not without conditions, and there is ample evidence that Charles Taylor has violated this asylum agreement.
For example, Taylor is alleged to be cooperating with international terrorist organizations. He is engaged in illicit trade in blood diamonds in violation of U.N. sanctions and is linked to the proliferation of small arms throughout the region. He has also destabilized the entire subregion of West Africa, leaving thousands dead and millions displaced in its wake.
Nigerian President Obasanjo refuses to end the asylum agreement, however, unless there is irrefutable evidence of violations by Taylor. I would point out to my colleagues that on March 17, Kofi Annan reported to the Security Council that Taylor's former military commanders, party leaders, and business associates maintain regular contact with him and are planning to undermine Liberia's return to democracy.
I urge strong support for this amendment. It is an outstanding one.
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A few days later, Jacques Klein, the UN Special Representative to the Secretary-General on Liberia confirmed that Taylor is "still very, much involved" in Liberian politics.
Outgoing Chief Prosecutor for the Sierra Leone Court, David Crane continues to accuse Taylor of "ruling the country from his house arrest in Calabar" In southern Nigeria.
So, yes President Obasanjo, there is plenty of evidence that Charles Taylor has violated the terms of his asylum. Has he continued to destabilize not only Liberia, but also Cote d'Ivoire and Guinea? That has yet to be proven in court, but there is enough evidence for him to be sent to the court in Sierra Leone to find out.
President Bush raised this issue with President Obasanjo at a meeting in May, but U.S. policy must consist of more than a brief discussion. Whatever evidence we have must be shared with the Nigerian government, and then they must make up their mind if they want to continue in the direction of helping West Africa to heal or if they want to close their eyes to continued interference and further upheaval.
Surely, the time has come for Charles Taylor's reign of terror in the region to reach its final, conclusive end.
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AMENDMENT NO. 29 OFFERED BY MS. WATSON
Ms. WATSON. Mr. Chairman, I offer an amendment.
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Mr. SMITH of New Jersey. Mr. Chairman, on behalf of the majority of the committee, I want to express our strong support for this amendment.
This amendment, the Watson-Issa amendment, will continue to support programs similar to those that were begun in fiscal year 2004. The State Department has designed programs to target areas of the world that have significant rates of intellectual property rights piracy with unique law enforcement assistance. This assistance has been tailored to particular activities in various regions of the world. It is critical to support the intellectual property rights community, Mr. Chairman, as the United States is the world's single largest creator, producer and exporter of copyrighted materials.
Rampant piracy of creative works poses a significant risk to U.S. creative work products, including music, movies, video games and other software. As the U.S. copyright industry alone accounts for nearly 6 percent of this Nation's GDP, it is an economic security issue as well for the United States.
Mr. Chairman, I commend my two colleagues for offering this very important amendment.
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AMENDMENT NO. 32 OFFERED BY MS. ESHOO
Ms. ESHOO. Mr. Chairman, I offer an amendment.
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Mr. SMITH of New Jersey. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, we appreciate the concern of the gentlewoman from California (Ms. Eshoo) and the gentleman from California (Mr. Cardoza), and for their strong statements here. The problem of the Chaldo-Assyrians has been brought to the attention of the committee. The committee has brought these concerns to the attention of the administration.
I have met with people myself who have expressed concerns about this, and believe that they should not get short shrift when it comes to U.S. foreign aid and efforts being made in Iraq. The administration has prepared materials attempting to show it has been fair and inclusive in its distribution of assistance, but this amendment puts every one of us on guard that we need to watch this very carefully to make sure that they are not shown the door or in any way denied the kind of assistance that we are capable of offering and I think we are obligated to provide to them. I appreciate the gentlewoman's amendment.
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AMENDMENT NO. 33 OFFERED BY MR. FOSSELLA
Mr. FOSSELLA. Mr. Chairman, I offer an amendment.
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Mr. SMITH of New Jersey. Mr. Chairman, I thank the gentleman for yielding me this time and for crafting this very important amendment. It is creative as an amendment, and it also will get the job done.
The U.S. Interests Section, if this amendment were to be enacted, will get the information out that there is a bounty on the heads of these people who have committed serious crimes in the U.S. According to the FBI, 74 U.S. citizens convicted of felonious crimes in the U.S. are currently living in Cuba under the protection of the Castro regime.
Joanne Chesimard was convicted, and one of those who is living in Cuba. She was convicted and sentenced to life in prison in 1977 for the 1973 execution-style slaying of New Jersey State Trooper Werner Foerster on the New Jersey Turnpike. Witnesses said she fired two bullets into his head as he lay on the ground. This is a very commonsense approach to try to get the message out, and hopefully it will empower everyday, ordinary Cubans to take action to bring these people to justice.
I thank the gentleman for his amendment.
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AMENDMENT NO. 34 OFFERED BY MR. FRANKS OF ARIZONA
Mr. FRANKS of Arizona. Mr. Chairman, I offer an amendment.
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Mr. SMITH of New Jersey. Mr. Chairman, I thank the gentleman for his courtesy.
Mr. Chairman, I do oppose the amendment. It is merely an amendment authorizing a study to determine whether or not the U.S. Office in Pristina ought to provide consular services. There are about 15,000 people that make that trip to Skopje every year. It is a burdensome situation for them.
But let me also point out there is some value to this debate in the amendment offered by the gentleman from Arizona (Mr. Franks), because it underscores the clear and nonambiguous intent here that we do not want to prejudge or predetermine the final status with regard to Kosovo. That is to be left to the negotiations.
Even if the State Department makes a recommendation that it is going to be left to a status negotiation, I think the gentleman's amendment and the fact we have had this debate helps to bring some light to that. This amendment would merely facilitate and expedite those individuals that would like to get their visas and to come here.
I thank the gentleman for yielding, I oppose the amendment, and I respect the gentleman.
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AMENDMENT NO. 36 OFFERED BY MR. LANTOS
Mr. LANTOS. Mr. Chairman, I offer an amendment on behalf of the gentleman from Texas (Mr. Reyes).
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Mr. SMITH of New Jersey. Mr. Chairman, I ask unanimous consent to take the time in opposition, even though I support the amendment.
The Acting CHAIRMAN. Is there objection to the request of the gentleman from New Jersey?
There was no objection.
The Acting CHAIRMAN. The gentleman from New Jersey is recognized for 5 minutes.
Mr. SMITH of New Jersey. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, first of all, I want to thank the gentleman from Texas (Mr. Reyes) for his very compassionate and important amendment. It should be supported, and the majority on this side of the aisle supports it.
Since 1993, almost 400 women and girls have been murdered and more than 70 remain missing in Ciudad Juarez in Mexico. This commonsense amendment simply seeks to provide congressional authority and funding to the Secretary of State to make independent technical and forensic expertise available to the families of these young women and girls.
The gentleman from Texas (Mr. Reyes) represents, as we know, the El Paso area across the border from this area. His amendment extends a helping hand to these grieving families. I want to commend the gentleman for his compassion in offering this amendment.
Mr. Chairman, I yield back the balance of my time.
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AMENDMENT NO. 37A OFFERED BY MR. ROHRABACHER
Mr. ROHRABACHER. Mr. Chairman, I offer an amendment.
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Mr. SMITH of New Jersey. I thank the gentleman for yielding.
Mr. Chairman, let me just say to my colleagues, the July 7 attacks in London, I believe, served as a chilling reminder of what is at stake in the global war against terrorism. We must fight this war, a war that we never sought, but which has been declared against our country and against our citizens; and we must fight in a way so as to win.
The amendment offered by the gentleman from California (Mr. Rohrabacher) underscores the resolve to do just that. Since the first prisoners were brought to the Naval base at Guantanamo Bay, Cuba in January of 2002, this base has provided a secure location for holding terrorists captured on the battlefield in Afghanistan and from the many other places around the globe where we have obtained custody of suspected terrorists. It has provided a place where these people could be kept from returning to combat.
The gentleman from California (Mr. Rohrabacher) a moment ago talked about the 12 detainees who were released and then returned to combat; two, I understand, in Afghanistan; and at least one that was killed in a firefight. We are talking about terrorists who went right back to attempts to kill Americans.
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Mark Jacobson, a former special assistant for detainee policy at the Department of Defense, estimated that as many as 25 of the 202 released had taken up arms again.
For example, Mullah Shahzada, a former Taliban field commander who apparently convinced officials at Guantanamo that he had sworn off violence, was freed in 2003, and immediately rejoined the Taliban. He was subsequently killed in battle in the summer of 2004 in Afghanistan. Maulvi Ghafar, a Taliban commander captured in 2001, was released in February 2004. He was subsequently killed in a shootout with Afghan government forces in September 2004. Abdullah Mesud, a Pakistani who was captured fighting alongside the Taliban in Afghanistan, bragged that he was able to hide his true identity for two years at Guantanamo before being released in March 2004. He was considered a low-risk security threat because of his artificial leg. After retuning to Pakistan, Mesud led a group of Islamic militants-part of a campaign against the Pakistani government-that kidnapped two Chinese engineers working on a dam. One of the engineers and several militants were subsequently killed in a government raid. Mesud is still at large.
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Mr. Chairman, Guantanamo is a place where crucial intelligence could be gathered that could help the United States understand the operating methods, patterns, financing, tactical skills and training of these terrorists. This information is critical to preventing future terrorist attacks and, in the long run, critical to developing a strategic vision for combating this new enemy.
At the same time, Mr. Chairman, those who are held in Guantanamo must be treated, without exception, humanely. There must be zero tolerance for torture or degrading or inhumane or cruel treatment, and Congress does have a moral responsibility to ensure that that is the case. And I, like many of my colleagues, have gone down to Guantanamo to see for myself, to provide oversight, to ask the tough questions and to try to get answers to those questions.
I would point out to my colleagues as well that in last year's defense authorization bill, Public Law 108-375, this body unambiguously stated that it is the sense of Congress that, and I quote it, "no detainee shall be subject to torture or cruel, inhumane or degrading treatment or punishment that is prohibited by the Constitution, laws or treaties of the United States."
Moreover, that law requires the Secretary of Defense to take steps to ensure that policies are adopted to ensure the humane treatment of detainees and that all DOD commanders have adequate training regarding the law of war and Geneva Convention obligations, and that standard operating procedures regarding detainees be established.
Mr. Chairman, finally, just let me say that the U.S. must continue to fight this war on terrorism on every front. We must not let complacency lead us to lower our guard. We must fight this war in a way that is consistent, however, with fundamental principles.
And I think the gentleman from California (Mr. Rohrabacher) has offered us a resolution that tries to make that clear.
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Mr. SMITH of New Jersey. Mr. Chairman, every American wants our soldiers, especially those who have loved ones deployed in Iraq, home as quickly as humanly possible. But I would submit to my colleagues that that must be at a time that ensures that the baton of security is passed to a militarily capable, free, and democratic Iraq.
Let me point out to my colleagues that progress is being made in that regard. There are currently more than 171,000 trained and equipped Iraqi security forces, including 76,000 soldiers, 63,400 police and highway patrolmen, and 33,787 Ministry of Interior forces. So the previous speaker, I do not know where she is getting her numbers, but they certainly are not correct.
Iraqi security forces are now capable of planning and executing operations at the battalion level and higher, and there are a number of instances where they have performed superbly.
One of the previous speakers, the gentlewoman from California (Ms. Woolsey), mentioned that we need to be providing money for rehab. We have provided $19.1 billion to the Iraq Relief and Reconstruction Fund. That is a significant commitment. You cannot do reconstruction without security.
Finally, I respectfully submit that any public announcement concerning specific timetables or a date certain for withdrawal of our Armed Forces is likely to result in significantly advantaging the terrorists in a way that will put more lives, more American lives, more Iraqi lives, at risk, and the mission itself will be put at risk.
I would also point out to my colleagues that the gentlewoman from California (Ms. Lee) did offer an amendment on the withdrawal issue; it failed 33 to 12 in the committee. So we did have some consideration of that during markup.
The Iraqi Prime Minister, when he met with us just a few weeks ago, was passionate: no timetables; it will lead to the loss of life.
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Mr. Chairman, let me finish today's debate on H.R. 2601 with a boatload of thank yous to our staff who have worked long and hard to produce this piece of legislation.
And let me particularly thank Eleanor Nagy, director of policy for my committee for the Africa, Global Human Rights and International Operations, for her extraordinary skill, wisdom, insight and professionalism in crafting this comprehensive bill.
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