[House Hearing, 112 Congress]
[From the U.S. Government Printing Office]
TO AMEND THE ATOMIC ENERGY ACT OF 1954 TO REQUIRE CONGRESSIONAL
APPROVAL OF AGREEMENTS FOR PEACEFUL NUCLEAR COOPERATION WITH FOREIGN
COUNTRIES, AND FOR OTHER PURPOSES; FURTHERING INTERNATIONAL NUCLEAR
SAFETY ACT OF 2011; ASSESSING PROGRESS IN HAITI ACT; AND BELARUS
DEMOCRACY REAUTHORIZATION ACT OF 2011
=======================================================================
MARKUP
BEFORE THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED TWELFTH CONGRESS
FIRST SESSION
ON
H.R.1280, H.R. 1326, H.R. 1016 and H.R. 515
__________
APRIL 14, 2011
__________
Serial No. 112-36
__________
Printed for the use of the Committee on Foreign Affairs
Available via the World Wide Web: http://www.foreignaffairs.house.gov/
______
U.S. GOVERNMENT PRINTING OFFICE
66-797 WASHINGTON : 2011
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COMMITTEE ON FOREIGN AFFAIRS
ILEANA ROS-LEHTINEN, Florida, Chairman
CHRISTOPHER H. SMITH, New Jersey HOWARD L. BERMAN, California
DAN BURTON, Indiana GARY L. ACKERMAN, New York
ELTON GALLEGLY, California ENI F.H. FALEOMAVAEGA, American
DANA ROHRABACHER, California Samoa
DONALD A. MANZULLO, Illinois DONALD M. PAYNE, New Jersey
EDWARD R. ROYCE, California BRAD SHERMAN, California
STEVE CHABOT, Ohio ELIOT L. ENGEL, New York
RON PAUL, Texas GREGORY W. MEEKS, New York
MIKE PENCE, Indiana RUSS CARNAHAN, Missouri
JOE WILSON, South Carolina ALBIO SIRES, New Jersey
CONNIE MACK, Florida GERALD E. CONNOLLY, Virginia
JEFF FORTENBERRY, Nebraska THEODORE E. DEUTCH, Florida
MICHAEL T. McCAUL, Texas DENNIS CARDOZA, California
TED POE, Texas BEN CHANDLER, Kentucky
GUS M. BILIRAKIS, Florida BRIAN HIGGINS, New York
JEAN SCHMIDT, Ohio ALLYSON SCHWARTZ, Pennsylvania
BILL JOHNSON, Ohio CHRISTOPHER S. MURPHY, Connecticut
DAVID RIVERA, Florida FREDERICA WILSON, Florida
MIKE KELLY, Pennsylvania KAREN BASS, California
TIM GRIFFIN, Arkansas WILLIAM KEATING, Massachusetts
TOM MARINO, Pennsylvania DAVID CICILLINE, Rhode Island
JEFF DUNCAN, South Carolina
ANN MARIE BUERKLE, New York
RENEE ELLMERS, North Carolina
VACANT
Yleem D.S. Poblete, Staff Director
Richard J. Kessler, Democratic Staff Director
C O N T E N T S
----------
Page
MARKUP OF
H.R. 1280, To amend the Atomic Energy Act of 1954 to require
congressional approval of agreements for peaceful nuclear
cooperation with foreign countries, and for other purposes..... 2
Amendment in the nature of a substitute to H.R. 1280 offered by
the Honorable Ileana Ros-Lehtinen, a Representative in
Congress from the State of Florida, and chairman, Committee
on Foreign Affairs........................................... 14
Amendment to the amendment in the nature of a subsitute to H.R.
1280 offered by the Honorable Brad Sherman, a Representative
in Congress from the State of California..................... 34
H.R. 1326, Furthering International Nuclear Safety Act of 2011... 41
Amendment to H.R. 1326 offered by the Honorable Jeff
Fortenberry, a Representative in Congress from the State of
Nebraska..................................................... 50
Amendment to H.R. 1326 offered by the Honorable Gerald E.
Connolly, a Representative in Congress from the Commonwealth
of Virginia.................................................. 65
H.R. 1016, Assessing Progress in Haiti Act....................... 66
Amendment in the nature of a substitute to H.R. 1016 offered by
the Honorable Ileana Ros-Lehtinen............................ 75
Amendment to the amendment in the nature of a substitute to
H.R. 1016 offered by the Honorable Gerald E. Connolly........ 86
H.R. 515, Belarus Democracy Reauthorization Act of 2011.......... 89
Amendment in the nature of a substitute to H.R. 515 offered by
the Honorable Christopher H. Smith, a Representative in
Congress from the State of New Jersey........................ 102
Amendment to the amendment in the nature of a substitute to
H.R. 515 offered by the Honorable Gerald E. Connolly......... 118
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD
The Honorable Dana Rohrabacher, a Representative in Congress from
the State of California: Science & Technology article entitled
``The Nuclear Power Revolution, Modular High-Temperature
Reactors Can Change the World,'' by Marjorie Mazel Hecht,
November 21, 2008.............................................. 55
APPENDIX
Markup notice.................................................... 122
Markup minutes................................................... 123
Markup summary................................................... 125
The Honorable Eliot L. Engel, a Representative in Congress from
the State of New York: Prepared statement on H.R. 1016......... 127
TO AMEND THE ATOMIC ENERGY ACT OF 1954 TO REQUIRE CONGRESSIONAL
APPROVAL OF AGREEMENTS FOR PEACEFUL NUCLEAR COOPERATION WITH FOREIGN
COUNTRIES, AND FOR OTHER PURPOSES; FURTHERING INTERNATIONAL NUCLEAR
SAFETY ACT OF 2011; ASSESSING PROGRESS IN HAITI ACT; AND BELARUS
DEMOCRACY REAUTHORIZATION ACT OF 2011
----------
THURSDAY, APRIL 14, 2011
House of Representatives,
Committee on Foreign Affairs,
Washington, DC.
The committee met, pursuant to notice, at 10:10 a.m., in
room 2172, Rayburn House Office Building, Hon. Ileana Ros-
Lehtinen (chairman of the committee) presiding.
Chairman Ros-Lehtinen. The committee will please come to
order. I am pleased to convene this markup meeting of the
Committee on Foreign Affairs. We have four bipartisan measures
before us today. We received word last night that due to the CR
timing issues with the Senate, the House will be convening for
legislative business an hour earlier than previously expected,
leaving us less time for our committee business this morning.
So restraint and brevity would be very much appreciated to
allow us to work as efficiently as possible. And we know that
several members have other markups, one of them being
Judiciary. So members are given leave to insert remarks into
the record should they choose do so.
Pursuant to notice for purposes of a markup, I call up the
bill H.R. 1280, To amend the Atomic Energy Act of 1954, and for
other purposes. Without objection, this bill will be considered
as read and open for amendment at any point and the bipartisan
amendment in the nature of a substitute that members have
before them will be considered as read and as base text for
purposes of amendments.
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Chairman Ros-Lehtinen. Before turning to the ranking
member, I recognize myself to speak on this measure.
This amendment in the nature of a substitute represents a
broad bipartisan consensus on a much-needed reform of the
Atomic Energy Act and contains contributions from several
members of this committee, most especially from the ranking
member, Mr. Berman. Its principal purpose is to enhance the
role of Congress in approving nuclear cooperation agreements
with other countries as well as to strengthen protections
against peaceful nuclear cooperation being misused for military
purposes. If a country meets the nonproliferation conditions in
the Atomic Energy Act, as amended by this bill, the approval
process would continue as before; that is, a congressional
review period of 90 days of continuous session, after which the
agreement would go into effect unless we adopt a resolution of
disapproval.
The new conditions in this bill are essential to
strengthening the nonproliferation regime and include such
basic steps as requiring that the other country: Is closely
cooperating with the U.S. to prevent terrorists from acquiring
weapons of mass destruction; is not a Destination of Diversion
Concern under the Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010; has acceded to the major
international conventions regarding nuclear, chemical, and
biological weapons; and has established an effective export
control system to prevent goods and materials being sent to
countries for use in nuclear weapons programs. The country must
also agree to forego manufacturing nuclear fuel by enriching
uranium or reprocessing plutonium, unless it already has this
capacity in place when it signs its agreement with the United
States.
Further, this bill specifies that a proposed agreement with
a country that does not meet all of these requirements in the
amended AEA will require an affirmative vote by both Houses of
Congress.
There are a number of other important provisions in this
bill, such as the termination of assistance to any country that
withdraws from the Nuclear Non-Proliferation Treaty, a
prohibition of assistance to any country that is actively
engaged in proliferation, and a requirement that the President
keep this committee and its Senate counterpart fully and
currently informed on new and ongoing negotiations, among
others.
It is important that Congress act now to put these new
protections in place so that cooperation between the U.S. and
other countries to promote peaceful nuclear activities can grow
without fear that it will be used to undermine our national
security and that of the world as a whole.
With that, I am so pleased to recognize my good friend the
ranking member for any remarks he might have on the measure
that he has worked so hard on.
Mr. Berman. Madam Chairman, thank you very much, and I
particularly thank you for your willingness to work with us.
This was an issue that we both feel very strongly about and
share the same goal on. We had, sadly, different approaches. We
were able to meld them and I think it is a great way to start
off the first markup of your chairmanship in terms of the
process we were able to engage in. And I wanted you to know
that I appreciate your cooperation and the cooperation and
efforts of your staff very much.
One other point before I get into my opening comments, and
that is that for those of us who serve on both the Foreign
Affairs Committee and Judiciary, this is one of those days that
frustrate us because in both committees we have markups here on
some very important pieces of legislation. In the Judiciary
Committee, they are marking up patent legislation which I had
sponsored 3 years ago, and this is the bill that Dana
Rohrabacher, the gentleman from California, my good friend,
called the worst bill he had ever seen, until he saw several
other of my bills. So I will be a little bit in and out,
unfortunately, on the subject of this bill.
The nuclear nonproliferation regime needs to be
strengthened to better address the enrichment of uranium and
the processing of spent fuel along with new technologies that
can create fuel for peaceful nuclear reactors or fuel for
nuclear weapons. So far efforts to limit the spread of these
technologies have met with limited success. With Iran's and
North Korea's development of these technologies, aided in large
part by the A.Q. Khan network, they have become even more
difficult to control.
This is why the example of the recent U.S.-UAE Nuclear
Cooperation Agreement is so important. The UAE on its own
decided to foreswear enrichment and reprocessing. When the U.S.
asked the UAE if it would formalize these restrictions in a
legally binding commitment, they readily agreed. And this
applies not only to nuclear fuel and equipment provided by the
United States but fuel and equipment provided by any country.
A State Department spokesman subsequently called this the
gold standard for nuclear cooperation agreements, and I agree.
Unfortunately, I understand there is a split within the U.S.
Government over whether the gold standard ought to be applied
globally to new cooperation agreements or just be limited to
those with countries in the Middle East. In my view, the latter
course would be a mistake. This continuing split over the gold
standard is one reason we are considering a bill today. I urge
the President to support a global application of that advanced
standard.
I also urge the administration to use all its influence to
convince the other nuclear supplier states to adopt the same
nonproliferation and security conditions in their agreements
that we observe in ours, especially when those same suppliers
are seeking nuclear business in the United States.
I was pleased to cosponsor the chairman's bill, H.R. 1280,
because I wanted to demonstrate that updating nuclear
cooperation provisions in the Atomic Energy Act, especially by
including an oil enrichment and processing requirement, has
strong bipartisan support.
I also introduced my own bill, H.R. 1320, which took a
different approach to congressional review of new agreements of
cooperation. My bill kept a fast track route for agreements
that meet existing nonproliferation conditions plus some new
ones, including a no enrichment or reprocessing requirement.
Such agreements would come into effect unless Congress enacted
a joint resolution of disapproval within 90 days.
I am pleased, as I mentioned earlier, that the chair and I
were able to work out an agreement in an amendment whereby all
new agreements would have to be approved by Congress unless
they incorporate a no enrichment or reprocessing requirement.
If they do include this provision, they could go into effect
unless Congress enacts a joint resolution of disapproval. This
elevates the gold standard as the crucial nonproliferation
criteria for congressional review of new agreements, the
gateway for the fast track disapproval only path. I have no
doubt that congressional approval of any agreement that does
not have this provision would hinge in part on why a country
refuses to undertake a no enrichment or reprocessing
commitment. I also believe it is desirable to incorporate some
incentives for states to accept a no enrichment or reprocessing
provision.
As this bill progresses through the legislative process, we
should consider what sort of incentives might be useful, such
as loan guarantees for nuclear exports to those countries,
which was in my bill, fuel leasing or other incentives. As we
move this legislation to the floor, it would be useful to have
the administration give us their views on the bill, the
utility, the gold standard for our global nonproliferation
efforts, and their efforts to persuade other countries
bilaterally and through the Nuclear Suppliers Group to adopt
comparable nonproliferation conditions in their civil nuclear
commerce.
I am also pleased the chairman accepted some of the other
provisions from my bill, including provisions on assistance to
any country that withdraws from the Treaty on Nonproliferation
of Nuclear Weapons and the creation of New State Sponsor of
Proliferation List. I believe this subject is more important
than it is exciting and apologize for my opening remarks.
Mr. Royce. Madam Chairman, I move to strike the last word.
Chairman Ros-Lehtinen. Mr. Royce. You are recognized for 5
minutes.
Mr. Royce. I will be very brief, Madam Chairman. I think
this is good bipartisan legislation. It builds off the work
that has been done on both the Nonproliferation Subcommittee
and the full committee. And I think the global expansion of
nuclear power really has complicated the task of making sure
that in the end we don't increase the number of nuclear weapon
states.
The central problem is that it can be a sprint from a
civilian to a military nuclear program. It is certainly not a
marathon. And it is the enrichment and reprocessing aspects of
the fuel cycle that puts nuclear weapons within reach. This is
the key to the bomb making technology that a lot of states
seek. So to handle concerns about enrichment and reprocessing,
the U.S. Nuclear Cooperation Agreement with the UAE included a
commitment that it forego those critical technologies. And this
legislation pushes that model forward and really, when you
think about it, it pushes it forward for future nuclear
cooperation agreements. That is why it is important.
At a time when the Obama administration is debating
internally which way to take this policy, this is a very
important congressional marker and it is why we should all
support this.
I urge passage and yield back, Madam Chairman.
Chairman Ros-Lehtinen. Thank you so much. And before I
recognize the ranking member on the Subcommittee on Terrorism,
Nonproliferation, and Trade for his amendments, are there any
other members who seek recognition?
Mr. Rohrabacher is recognized for 5 minutes.
Mr. Rohrabacher. This is not the worst bill that I have
ever seen, Howard. In fact, it is pretty good.
Let me just note for the record, as we are discussing this,
there have been great strides that have been made in the
development of nuclear energy for the production of
electricity. And let me just note that we should--when anyone
is talking about this particular issue, any country that wants
to build a nuclear power plant that will produce electricity
but does not then have a byproduct of creating material for a
nuclear bomb, that option now is technologically available to
us in high temperature gas cooled reactors that have been
developed by a number of American corporations. So I just
wanted to put that into the record. And we should be pushing
people toward this new technology rather than the old
technology.
Chairman Ros-Lehtinen. Thank you, Mr. Rohrabacher. Hearing
no further speakers, I would like to recognize the RM of TNT to
offer his amendments.
Mr. Sherman. Thank you, Madam Chairman. First, I strongly
support the bill and the substitute that serves as base text
today. It restores some balance----
Chairman Ros-Lehtinen. Mr. Sherman, would you like to call
up the amendment first?
Mr. Sherman. Yes. I would ask unanimous consent to offer
two amendments en bloc.
Chairman Ros-Lehtinen. Without objection the clerk will
report the amendments.
Mr. Sherman. And these are No. 14 and Sherman No. 16.
Ms. Carroll. Amendment to the amendment in the nature of a
substitute to H.R. 1280.
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Chairman Ros-Lehtinen. Without objection, the en bloc
amendments are considered as read. I recognize the author, Mr.
Sherman, to explain his amendments.
Mr. Sherman. First is the general comments of the bill. We
ought to have a gold standard. I think the gold standard has
been added to. It is always included that the country adopt the
IAEA safeguards, including the additional protocol, and that it
agree to forego enrichment and reprocessing. The other elements
that I think have been added to the gold standard at my urging
and the urging of others is that they agree to restrict third-
party access without U.S. consent and that they have effective
liability laws in place so that U.S. companies can bid on the
opportunities to build these reactors. And I have a perfecting
amendment that deals with that element.
If an agreement has all four elements, if it meets the new
gold standard, then and only then can it be signed by the
President and simply submitted to Congress with a waiting
period. Every other agreement under the bill is going to
require an act of Congress to adopt, and that puts Congress in
a position to play an important role in these agreements.
As to these amendments, the first one deals with liability.
We don't know what the future of nuclear power will be after
the events in Japan, but we do want to avoid the India
scenario. With India, we negotiated a Nuclear Cooperation
Agreement. We played an important role in getting India through
the Nuclear Suppliers Group. India said, ``We are going to have
the United States build 7 to 10 reactors with a total of 10,000
megawatts.'' And then it turned out that Indian law was such
that our companies faced such liability that none of them would
participate. In contrast, the French and Russian suppliers
claim sovereign immunity, claim to be part of their respective
governments, and say they don't need the liability waivers and
liability provisions. As a result of the India problem, it
looks like our companies will not have the very role that India
wanted to give them. Therefore, under this agreement, the party
to the Nuclear Cooperation Agreement must agree, as part of the
agreement itself, to enact--preferably before the agreement
goes into force but in no case less than 1 year afterwards--
liability protections efficient to allow U.S. companies to
compete. And I should point out this will give American
companies no more protection than the French and Russian
suppliers already have since they claim sovereign immunity.
The second amendment is No. 16. It is a placeholder
designed to allow us to work further on the idea of encouraging
restrictions on the transfers of new technology. It requires
that U.S. cooperation with other nuclear suppliers for
development of civilian technology, both domestically and
abroad, be conditioned on those suppliers and their host
nation's willingness to join us in enacting restrictions
comparable to our own nonproliferation provisions.
So the current amendment is a sense of Congress but I look
forward to working with the chairwoman to turn it into
something even more binding.
And with that, I yield back and urge support of the
amendment en bloc.
Chairman Ros-Lehtinen. Thank you so much, Mr. Sherman. I
would like to note to members and staff that we likely will be
voting on this measure in just a few minutes. I recognize
myself briefly to speak on the amendments.
I support both amendments offered by Mr. Sherman. The first
amendment, as he explained, requires a country with which the
U.S. is considering a Nuclear Cooperation Agreement to commit
to putting into effect laws and regulations on civil liability
that are sufficient to allow American companies to fully
utilize the commercial opportunities created by the agreement.
Without laws and regulations that are consistent with
international standards, the risks of open-ended liability
would likely prevent U.S. companies from operating in that
country, even as businesses from other countries would be
handed an unbeatable advantage.
The second amendment is aimed at persuading nuclear
supplier countries, such as France and Russia, to require
nations with which they sign nuclear cooperation agreements to
meet nonproliferation standards comparable to those in the
amended Atomic Energy Act. Currently these and other
governments do not require similar standards, with the result
that more and more countries have greater access to the
ingredients for a nuclear weapons program.
And with that, I would like to----
Mr. Chabot. Madam Chairman?
Chairman Ros-Lehtinen. Mr. Chabot is recognized for 5
minutes.
Mr. Chabot. I move to strike the last word.
Very briefly, I would like to commend the gentleman from
California, Mr. Berman, for offering this amendment. I support
it.
Mr. Sherman. I hate to disparage the amendment, but it was
offered by the gentleman from California, Mr. Sherman.
Chairman Ros-Lehtinen. Mr. Chabot is recognized.
Mr. Chabot. Mr. Sherman, I apologize.
I appreciate him offering this amendment. I think it is
important that we allow American companies to compete on a
level playing field when it comes to nuclear facilities around
the world. I commend him. I apologize for messing up his name.
I look forward to working together with him in the future, and
I yield back.
Chairman Ros-Lehtinen. You and I both have names that are
frequently stepped upon, so we don't take any great insult. Mr.
Berman is recognized for 5 minutes.
Mr. Berman. Thank you, Madam Chairman.
Both these amendments, I believe, should be supported and
on the first amendment, we have a simple choice here. If we
want to get some of the business, we either invest in massive
government subsidies to encourage purchases from U.S. companies
or we take the approach of essentially saying, you have got to
provide the insurance that countries like France and Russia
don't need because they use the pockets of the central
government to finance any liability consequences that come from
it.
So I urge support for both amendments and yield back.
Chairman Ros-Lehtinen. Thank you.
Hearing no other members who wish to be recognized to speak
on these en bloc amendments, the question occurs on the en bloc
amendments. All those in favor say aye. All opposed, no.
In the opinion of the chair the ayes have it, and the en
bloc amendments are agreed to. Are there any other amendments
to the base text?
Mr. Connolly. Madam Chairman, I have an amendment at the
desk, No. 41.
Chairman Ros-Lehtinen. The clerk will read the amendment.
Ms. Carroll. Mr. Connolly, is that to H.R. 1326?
Mr. Connolly. Wrong bill. Sorry about that.
Chairman Ros-Lehtinen. Mr. Connolly withdraws. Hearing no
other amendments to the base text, I move that the bill be
reported favorably to the House, as amended. On this question,
the Chair requests a recorded vote. The clerk will call the
roll.
Ms. Carroll. Chairman Ros-Lehtinen.
Chairman Ros-Lehtinen. Yes.
Ms. Carroll. The chairman votes aye.
Mr. Smith.
Mr. Smith. Yes.
Ms. Carroll. Mr. Smith votes aye.
Mr. Burton.
Mr. Burton. Yes.
Ms. Carroll. Mr. Burton votes aye.
Mr. Gallegly.
Mr. Gallegly. Aye.
Ms. Carroll. Mr. Gallegly votes aye.
Mr. Rohrabacher.
Mr. Rohrabacher. Yes.
Ms. Carroll. Mr. Rohrabacher votes aye.
Mr. Manzullo.
Mr. Manzullo. Aye.
Ms. Carroll. Mr. Manzullo votes aye.
Mr. Royce.
Mr. Royce. Aye.
Ms. Carroll. Mr. Royce votes aye.
Mr. Chabot.
Mr. Chabot. Aye.
Ms. Carroll. Mr. Chabot votes aye.
Mr. Paul.
[No response.]
Ms. Carroll. Mr. Pence.
[No response.]
Ms. Carroll. Mr. Wilson of South Carolina.
Mr. Wilson of South Carolina. Aye.
Ms. Carroll. Mr. Wilson of South Carolina votes aye.
Mr. Mack.
[No response.]
Ms. Carroll. Mr. Fortenberry.
[No response.]
Ms. Carroll. Mr. McCaul.
[No response.]
Ms. Carroll. Mr. Poe.
Mr. Poe. Aye.
Ms. Carroll. Mr. Poe votes aye.
Mr. Bilirakis.
Mr. Bilirakis. Aye.
Ms. Carroll. Mr. Bilirakis votes aye.
Mrs. Schmidt.
Mrs. Schmidt. Aye.
Ms. Carroll. Mrs. Schmidt votes aye.
Mr. Johnson.
Mr. Johnson. Aye.
Ms. Carroll. Mr. Johnson votes aye.
Mr. Rivera.
Mr. Rivera. Aye.
Ms. Carroll. Mr. Rivera votes aye.
Mr. Kelly.
[No response.]
Ms. Carroll. Mr. Griffin.
[No response.]
Ms. Carroll. Mr. Marino.
[No response.]
Ms. Carroll. Mr. Duncan.
Mr. Duncan. Aye.
Ms. Carroll. Mr. Duncan votes aye.
Ms. Buerkle.
[No response.]
Ms. Carroll. Mrs. Ellmers.
Mrs. Ellmers. Aye.
Ms. Carroll. Mrs. Ellmers votes aye.
Mr. Berman.
Mr. Berman. Aye.
Ms. Carroll. Mr. Berman votes aye.
Mr. Ackerman.
Mr. Ackerman. Aye.
Ms. Carroll. Mr. Ackerman votes aye.
Mr. Faleomavaega.
[No response.]
Ms. Carroll. Mr. Payne.
[No response.]
Ms. Carroll. Mr. Sherman.
Mr. Sherman. Aye.
Ms. Carroll. Mr. Sherman votes aye.
Mr. Engel.
[No response.]
Ms. Carroll. Mr. Meeks.
[No response.]
Ms. Carroll. Mr. Carnahan.
[No response.]
Ms. Carroll. Mr. Sires.
Mr. Sires. Aye.
Ms. Carroll. Mr. Sires votes aye.
Mr. Connolly.
Mr. Connolly. Aye.
Ms. Carroll. Mr. Connolly votes aye.
Mr. Deutch.
[No response.]
Mr. Cardoza.
Mr. Cardoza. Aye.
Ms. Carroll. Mr. Cardoza votes aye.
Mr. Chandler.
Mr. Chandler. Aye.
Ms. Carroll. Mr. Chandler votes aye.
Mr. Higgins.
Mr. Higgins. Aye.
Ms. Carroll. Mr. Higgins votes aye.
Ms. Schwartz.
Ms. Schwartz. Aye.
Ms. Carroll. Ms. Schwartz votes aye.
Mr. Murphy.
[No response.]
Ms. Carroll. Ms. Wilson of Florida.
Ms. Wilson of Florida. Aye.
Ms. Carroll. Ms. Wilson of Florida votes aye.
Ms. Bass.
Ms. Bass. Aye.
Ms. Carroll. Ms. Bass votes aye.
Mr. Keating.
Mr. Keating. Aye.
Ms. Carroll. Mr. Keating votes aye.
Mr. Cicilline.
Mr. Cicilline. Aye.
Ms. Carroll. Mr. Cicilline votes aye.
Chairman Ros-Lehtinen. Have all the members votes?
Ms. Carroll. Mr. Fortenberry.
Mr. Fortenberry. Aye.
Ms. Carroll. Mr. Fortenberry votes aye.
Chairman Ros-Lehtinen. Any other members? If you tell the
clerk, Mr. Kelly.
Mr. Kelly. Aye.
Ms. Carroll. Mr. Kelly votes aye.
Mr. Griffin.
Mr. Griffin. Aye.
Ms. Carroll. Mr. Griffin votes aye.
Mr. Deutch.
Mr. Deutch. Aye.
Ms. Carroll. Mr. Deutch votes aye.
Ms. Buerkle.
Ms. Buerkle. Aye.
Ms. Carroll. Ms. Buerkle votes aye.
Chairman Ros-Lehtinen. Have all members voted? If the clerk
will count and report the vote.
Ms. Carroll. Madam Chairman, on that vote, there are 34
ayes and no noes.
Chairman Ros-Lehtinen. Thank you. The ayes have it. And the
motion to report favorably is agreed to. Without objection, the
bill, as amended, will be reported as a single amendment in the
nature of a substitute, incorporating the amendments adopted by
the committee. And the staff is directed to make technical and
conforming changes.
I now call up H.R. 1326, the Furthering International
Nuclear Safety Act of 2011. Without objection, the bill will be
considered as read and open for amendment at any point.
[H.R. 1326 follows:]
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Chairman Ros-Lehtinen. I recognize myself to speak briefly
on this bill.
The amendment that will be offered modifies Mr.
Fortenberry's original bill by combining two required reports
into one. It is aimed at improving the safety of the nuclear
power plants around the world by enhancing the sharing of
information, including strengthening the mechanisms created by
the Convention of Nuclear Safety.
The bill calls for the U.S. Representative to the
Convention to encourage, among other actions, the expanded use
of performance metrics to enable countries to better assess
their progress in increasing nuclear safety, increase public
availability of information regarding nuclear safety efforts,
greater support by the IAEA for nuclear safety efforts, and
greater cooperation on providing accurate and timely
information regarding nuclear accidents and on developing
emergency response plans.
The bill would require the Secretary of State, along with
other U.S. Government agencies, to develop a strategic plan to
promote greater international cooperation and nuclear safety
and to submit a report to Congress within 6 months on the
implementation of the plan.
I am pleased to yield to the ranking member to speak on the
measure. Mr. Berman, do you have any remarks?
Mr. Berman. I do.
Chairman Ros-Lehtinen. You are recognized.
Mr. Berman. Thank you, Madam Chairman. I move to strike the
last word.
There is no greater demonstration of the need for greater
international cooperation on improved nuclear reactor safety
than the tragedy that is still unfolding at the Fukushima
nuclear power plant in Japan. Four reactors are still in danger
of melting down and their highly radioactive spent fuel and
adjacent pools is in danger of catching fire and spreading
dangerous radioactive materials potentially worldwide. This
bill could not be more timely and I am pleased to be an
original cosponsor.
H.R. 1326 will increase U.S. outreach and support through
the auspices of the Nuclear Safety Convention to all States
that operate nuclear power reactors to assist them in improving
the safety of their nuclear power programs. It also requires
the Secretary of State to submit a strategic plan to improve
international nuclear safety for power reactors and report to
us on how that plan is being implemented.
I urge my colleagues to support this bill. I yield back.
Chairman Ros-Lehtinen. Thank you so much. I know some
members seek recognition on this bill. I would like to
recognize, first, Mr. Fortenberry to offer his amendment. And
if he could make remarks about the amendment in specific and on
the bill in general, Mr. Fortenberry is recognized.
Mr. Fortenberry. Madam Chair, I thank you for your
leadership in holding this markup today and providing our
committee the opportunity to consider the Furthering
International Nuclear Safety Act of 2011, a bipartisan bill----
Chairman Ros-Lehtinen. Mr. Fortenberry, if I could
interrupt. You let me have the clerk present the amendment
first. I am so sorry.
Ms. Carroll. Madam Chairman, we are waiting on copies.
Chairman Ros-Lehtinen. Okay. Then Mr. Fortenberry can
continue while we make the required copies.
Mr. Fortenberry. Thank you, Madam Chair. This is a
bipartisan bill that seeks to enhance world-wide cooperation on
nuclear safety in light of the continuing nuclear reactor
crisis in Japan that followed last month's tragic earthquake
and tsunami. The issue of nuclear safety has elevated to
paramount importance due to the crisis in the nuclear power
reactors at Japan's Fukushima Daiichi plant. And in the long
term the United States as well as Japan and other countries
with commercial nuclear power reactors will all need to learn
from this nuclear crisis so that we can do everything in our
power to ensure that nothing like this ever happens again.
The bipartisan nuclear safety bill that is before you today
aims to help achieve that essential goal. In brief, the
Furthering International Nuclear Safety Act seeks to improve
the safety of nuclear power plants around the world. It would
do this by requiring the State Department to use and strengthen
existing mechanisms for worldwide sharing of nuclear safety
information and best practices, mechanisms that were actually
created by the Convention of Nuclear Safety of 1994. In
particular, the bill would require the United States
Representative to the Convention on Nuclear Safety to strongly
encourage among other things expanded cooperation on prediction
and analysis capability for earthquakes, tsunamis, and on
radiation as it is transported away from nuclear sites,
standard practices for providing accurate and timely
information regarding nuclear accidents, and for the
cooperative development of emergency response plans. It would
also increase greater public availability of information
regarding nuclear safety efforts.
The legislation also requires the Secretary of State to
provide Congress with a strategic plan to promote international
cooperation on nuclear power safety and, through this amendment
that I am offering today, to submit at a later time a
consolidated report on the implementation of the plan and on
the status of achieving the actions set forth in the
legislation.
Analysts at the CBO informed us that this legislation, by
the way, will present no significant cost. The United States
joined the Convention on Nuclear Safety in 1999 and today
almost all countries with operating nuclear power plants are
parties to that international agreement. The U.S. Government
Accountability Office issued an April 2010 report that
highlighted the importance of that convention and ongoing
efforts to improve nuclear safety globally.
While members of this committee may disagree about the
future of nuclear power, it is my hope that we could all agree
about the imperative of ensuring that the world's current fleet
of 440 commercial nuclear power reactors are operated as safely
as possible.
This legislation of course will not end once and for all
the need for continuing vigilance by all countries to do a
better job at nuclear safety, but enactment of this bill can
play a necessary and vital role in helping to achieve that
critical goal. Humanity cannot afford the cost of failure, and
I urge all members of the committee to support the bill.
Chairman Ros-Lehtinen. Thank you, Mr. Fortenberry. The
clerk will report the amendment.
Ms. Carroll. Amendment to H.R. 1326 offered by Mr.
Fortenberry amends section 2 to read----
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Chairman Ros-Lehtinen. Without objection, the amendment is
considered as read. Mr. Sherman, you have indicated that you
would like to speak on the amendment and the bill. He is
recognized without objection.
Mr. Sherman. I do. It is an excellent bill. It is an
excellent amendment. I need the rest of my time to address one
other issue. And that is the bill we are not considering today,
the North Korea Sanctions and Diplomatic Nonrecognition Act.
The rumor is that we were ready to go with this bill, and the
Ways and Means supporters of the Korea Free Trade Agreement
said we shouldn't consider it. I hope it was some other reason.
I know that we have a limited amount of time here, which is
why I will try to speak quickly. But the fact is that the
concerns of the Ways and Means Committee deserve to be
addressed. It is true the current draft of the Free Trade
Agreement with South Korea rips a 65-percent hole in every
effort to sanction North Korea, and that is why the supporters
of the Free Trade Agreement must use everything that they have
to prevent us from focusing at this time on our North Korea
policy and sanctions on North Korea.
The text of the Free Trade Agreement states that if goods
are, say, partially made in North Korea and partially made in
South Korea, say auto parts or electronics, 65 percent are made
in North Korea, 35 percent are made in South Korea, they have a
right to enter our country. Now our sanctions, which are not
codified but are a matter of executive action, prevent those
goods from coming into our country. And as a result, we will be
in violation of the Free Trade Agreement.
The next part of this dance is that the Executive branch
will water it down or waive the sanctions against North Korean
goods to the extent that they are only 65 percent North Korean
and 35 percent South Korean. Now it is true that there is a
national security provision in the Free Trade Agreement, just
as there is in all our other trade agreements, and we have
never used the national security provisions. We gave up on the
Iran Sanctions Act rather than exercise the national security
provision. We gave up on Helms-Burton. And so the national
security provision of the Korea Free Trade Agreement is
certainly not the answer.
The answer is to make sure that any free trade agreement
that we sign explicitly provides that we are not in violation
of the agreement if we choose to exclude all North Korean
goods. That is something that will not be done. Instead, there
will be every effort made to conceal from Congress the fact
that the Free Trade Agreement with South Korea by its terms
allows those partially North Korean-made goods into our
country, sets us up for being in a position where our companies
would be sanctioned by South Korea because we will have
violated the agreement and creates enormous economic pressure
for us to water down or waive our sanctions on goods that are
partially made in North Korea.
I look forward to the codification of our sanctions against
North Korea, and I look forward to hopefully the Free Trade
Agreement either being shelved or amended to making sure that
it meets the national security concerns that are so much the
focus of this committee.
I yield back, and I thank the chairwoman for her time.
Chairman Ros-Lehtinen. Thank you, Mr. Sherman. Do any other
members seek time? Mr. Rohrabacher is recognized.
Mr. Rohrabacher. Thank you very much. I would like to
identify myself with the remarks of Mr. Sherman. And these are
very serious issues that he is bringing up. And I share those
concerns and have been worried about that as well. I would like
to ask--and this is all I have to say, Madam Chairman, as I ask
unanimous consent to insert in the record a document detailing
the new nuclear technology that I referred to earlier that
cannot melt down.----
Chairman Ros-Lehtinen. Without objection.
Mr. Rohrabacher [continuing]. Cannot leak radiation and has
no byproducts that can be used to build nuclear weapons. Thank
you.
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Chairman Ros-Lehtinen. Mr. Berman is recognized.
Mr. Berman. Where do I buy one?
Thank you, Madam Chairman. If I may take my time to just
ask Mr. Fortenberry a question. We had suggested adding two
phrases to your amendment regarding the tragic undertaking in
Japan. And one is a phrase in the findings--a longstanding
friend and ally of the United States. And in the second
finding, a reference that the earthquake and resulting tsunami
caused a massive loss of life, devastated towns and farmland,
and inserting that in the appropriate place in the second
finding.
This raises a larger issue, which isn't the committee's
issue. But I will take this opportunity to bring it up. The
leadership of the House in their rules has passed provisions
restricting resolutions in many areas. And by and large, I
support that decision. One is, a lot of issues that take our
time will not be considered because of that. But there needs to
be some flexibility. What happened in Japan and our
relationship with that country are so important and the
expression of the congressional understanding of the gravity of
the tragedy there I think is so important to our friend and
ally Japan and the Japanese people that to take a little bit,
just a key element of a resolution which can't move because of
those rules and incorporate it into a bill that is directly
related to the tsunami and flood and the consequences of the
earthquake and the tsunami on the nuclear reactor seems
appropriate, seems called for in this kind of situation, and I
do think this is a case where the leadership tends to be
interpreting the rules so restrictively that it forces us not
to do something that I think just common decency requires us to
be doing.
I would just like to ask the author of the amendment if it
would be possible to add those phrases. It is not the entire
resolution that has been introduced. You have taken some parts
of the resolution; as I understand it, the leadership has
signed off on. But the omission of our relationship with our
friend and ally and the consequences of the earthquake and
tsunami to that country I think would be appropriate, and it is
a very small part of the underlying resolution.
So on my time, if the gentleman or the chairman wish to
react.
Chairman Ros-Lehtinen. Mr. Fortenberry, I was wondering if
I could--not taking away from your time--if I could react to
Mr. Berman's time and not take your time as well. And while I
agree and I think all the members would agree that what
occurred in Japan is indeed a catastrophe in epic proportions,
many key U.S. allies, Colombia and New Zealand, also have seen
devastating natural disasters, and we have time on the floor
for us to express our condolences and build on those strong
relationships with our allies through 1-minute, 5-minute
Special Orders, and 1 hour Special Orders. But if such language
would be incorporated in Mr. Fortenberry's bill, even couched
in legislative language but put in words that have really
camouflaged our resolution language, it will not be considered
by the rules of our leadership on the floor. So they would be
stripped in the Rules Committee. But Mr. Fortenberry can do as
he wishes on this language, if that is an amendment that you
are offering.
Mr. Berman. Well, I guess I am asking the gentleman if he
would accept that language.
Chairman Ros-Lehtinen. Mr. Fortenberry is recognized.
Mr. Fortenberry. Thank you, Madam Chair. First of all, I
want to thank the gentleman from California, the ranking
member, for sponsoring this legislation, for cosponsoring it. I
appreciate your interest in our longstanding relationship on
working on issues of nuclear safety as well as
nonproliferation. I simply have to echo the chairwoman's
sentiments that there was--it is my understanding--some
complexities in doing this. But I understand your
sensibilities, and I share them. If there is an opportunity to
work later, perhaps on the floor, to express those sentiments,
I would be happy to work with you.
Mr. Berman. I will not offer an amendment now, but I would
like perhaps for us to consider the possibility if this will be
the only opportunity for us formally to express these concerns
between now and taking this bill up on the House floor to
review the situation and consider the possibility of adding
this language, perhaps in consultation with the bipartisan
leadership.
Chairman Ros-Lehtinen. Thank you, Mr. Berman. Thank you,
Mr. Fortenberry.
Do any other members seek recognition? Mr. Connolly is
recognized.
Mr. Connolly. Thank you, Madam Chairman. Let me thank Mr.
Fortenberry for his leadership on this thoughtful piece of
legislation which I enthusiastically support. I have a simple
amendment at the desk.
Chairman Ros-Lehtinen. Sir, if I could ask if we could hold
that a second and let's take action on the Fortenberry
amendment first. Thank you.
If there are no other requests for time on the Fortenberry
amendment, then the question occurs on adoption of the
amendment that Mr. Fortenberry discussed. All those in favor
say aye. Those opposed, no.
In the opinion of the chair the ayes have it, and the
amendment is agreed to.
Are there any other amendments to the bill? Mr. Connolly is
recognized.
Mr. Connolly. Thank you, Madam Chairman. I just assumed the
Fortenberry language had been adopted by acclimation.
Chairman Ros-Lehtinen. The clerk will report the amendment.
Ms. Carroll. Amendment to H.R. 1326 offered by Mr. Connolly
of Virginia page 5 line 19 insert after: ``sites'' the
following: Via natural ecological transport systems.
[The amendment referred to follows:]
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Chairman Ros-Lehtinen. The gentleman is recognized.
Mr. Connolly. Madam Chairman, I thank you. I am not going
to take much time. This is simply some language to expand on
transported away from nuclear sites in the event of a natural
disaster. I think we need the international cooperation of the
scientific community, technical community, engineering
community to look at the ecological ramifications. How do we
treat seawater when it is polluted? What do we do about
farmland when it is polluted with radioactivity? And that is
the sole purpose of my language, to simply expand on
transported away. And I hope it will be considered a principal
amendment.
Chairman Ros-Lehtinen. Thank you. The chair supports the
amendment. If the ranking member would like to be recognized?
Mr. Berman. I have no objection to the amendment.
Chairman Ros-Lehtinen. Thank you. Do any members wish to
speak on the amendment? Hearing no members seeking recognition,
the question occurs on the amendment. All those in favor say
aye. All those opposed no.
In the opinion of the chair the ayes have it and the
amendment is agreed to.
Mr. Connolly. I thank the chair.
Chairman Ros-Lehtinen. Thank you, Mr. Connolly. Are there
any other amendments to the bill?
Hearing no further amendments, I move that the bill be
reported favorably to the House, as amended. All those in favor
say aye. All those opposed no.
The ayes have it, and the motion to report favorably is
agreed to. Without objection, the bill, as amended, will be
reported as a single amendment in the nature of a substitute
incorporating the amendments adopted by this committee, and the
staff is directed to make technical and conforming changes.
I now call up H.R. 1016, the Assessing Progress in Haiti
Act. Without objection, the bill will be considered as read and
open for amendment at any point, and the bipartisan amendment
in the nature of a substitute that members have before them
will be considered as read and base text for purposes of the
amendment.
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Chairman Ros-Lehtinen. I recognize myself to speak on the
bill.
I support H.R. 1016, a bill introduced by Congresswoman
Barbara Lee, directing the President to report to Congress
regarding the status of post-earthquake humanitarian
reconstruction and development efforts in Haiti. It supplements
our efforts under the Haiti Act, which I introduced last
Congress, to exercise greater oversight over the disbursement
of assistance and to ensure that it is reaching the intended
recipients and that it is advancing U.S. priorities and Haiti's
recovery.
It has been about 15 months since last year's devastating
earthquake in Haiti. In that time the United States has
undertaken a robust and multi-faceted effort supporting the
Haitian people as they work to rebuild and advance their island
nation. It has not been an easy road.
As the bill states, however, throughout this series of
crises, the people of Haiti have continued to demonstrate
unwavering resilience, dignity, and courage. Last month the
final round of the Haitian elections was held, marking an
important step toward the completion of the election process
and ultimate transition of power from President Preval to the
President-Elect. It would be critical that this transition
process be carried out peacefully, responsibly, and with great
transparency.
Sustainable recovery in Haiti will depend on strong
leadership by the new government of Haiti and a vigorous
commitment to strengthen Haiti's democratic institutions and a
concrete verifiable effort to stop corruption. And the people
of Haiti must be included in the design and ownership of their
political and economic future.
I had the opportunity to visit Haiti this past January with
Secretary Clinton's Chief of Staff and a point person on Haiti,
and I can tell you that while important advancements have been
made, it is clear that much work still remains to be done. It
is critical that we take all steps possible to ensure the
support that we provide is carried out in an effective and
sustainable manner. The report mandated by H.R. 1016 will help
us in this effort.
I would like to thank Ranking Member Berman and his staff
for working with us to iron out the details of this amendment.
I look forward to continuing to work with my colleagues in
support of these oversight efforts, and I am now pleased to
recognize my friend, the ranking member, for remarks he may
have on this measure. Mr. Berman.
Mr. Berman. Thank you very much, Madam Chairman, and I want
to first commend our former committee member, Ms. Barbara Lee,
for introducing this bill. It provides a detailed snapshot of
where Haiti is roughly a year after the horrific January 10,
2010, earthquake which left more than 316,000 dead. Many
international actors and donors have joined the U.S. in a
complex program to assist the people of Haiti to help us
understand all of the moving parts of this process.
The bill requires a report from the President on the state
of U.S. programs and projects in place, to protect vulnerable
populations, to improve water and sanitation, of coordination
with other donors, NGOs, the Haitian diaspora, and the Haitian
Government. We need to remain engaged in helping Haiti rebuild
its future. This bill will help us help Haiti and I strongly
support it. And I am pleased we have reached an agreement on
the bipartisan amendment in the nature of a substitute. I look
forward to helping get this bill to the floor.
Chairman Ros-Lehtinen. Thank you so much, Mr. Berman. I
know that Ms. Wilson of our committee represents a growing and
vibrant Haitian American community, and I would like to know if
she would like to be recognized for 5 minutes to speak on this
bill. Without objection.
Ms. Wilson of Florida. Thank you, Madam Chair. I would like
to thank the chair for the inclusion of one of my amendments in
the bill today and the opportunity to describe another
amendment which I wanted to offer but was not germane. I want
to work with the chair and Ranking Member Berman to quickly
address this issue.
I would like to first commend the chairman and ranking
minority member of the Subcommittee on the Western Hemisphere,
Congressmen Connie Mack and Eliot Engel, for supporting an
amendment which included language that I wanted to offer and
was offered by Congressman Engel. That amendment added a
requirement to the report asking of the suitability of Haiti to
receive deported individuals and the steps that Haiti has taken
to strengthen its capacity in that regard. I would also like to
thank the chairwoman for accepting this language in her
amendment in the nature of a substitute.
The amendment that I wanted to offer goes a bit further and
complements the earlier language. It is very simple and adds an
enforcement provision to the bill. It says that if the required
report is not delivered to Congress within the 6-month deadline
required by the bill upon enactment, all deportation should be
halted until the report is transmitted to Congress and the
President determines and certifies that it is appropriate for
these deportations to continue.
Some of you may not be aware that temporary protective
status for Haitian nationals currently in the United States is
set to expire on July 22, 2011. Along with several other
Members of Congress, I have asked that this temporary
protective status designation be extended for 1 year. We have
just witnessed the 1-year anniversary of the earthquake and
both the Nation and people of Haiti face enormous economic and
infrastructure challenges. One year later, it is estimated by
many organizations that 1 million people still live in tent
camps, and it is reported that one person who was sent back to
Haiti died from cholera.
According to the January 22 study by U.S. and Haitian
researchers, 38 percent of these camps still don't have regular
access to water, down only 2.5 percentage points since August.
Nearly a third of camps aren't equipped with toilets, and where
toilets can be found they are shared by an average of 273
people each. The United Nations standards call for one toilet
per 20 people. As a result, many camp residents remain highly
vulnerable to fecal-born diseases like cholera, which has
killed over 4,600 people and infected nearly a quarter of a
million since October of last year.
This issue is important to me and it is important to the
international stature of the United States. The 17th
Congressional District of Florida has the largest number of
Haitian nationals in America. This is the just and humane thing
to do.
I understand that my amendment is not germane and could
cause a point of order against the bill as it moves forward. I
look forward to working with Chairwoman Ros-Lehtinen and
Ranking Minority Member Berman to quickly address this issue. I
thank the chairman, the ranking minority member, and my
colleagues on the committee for listening to me. I yield back
the remainder of my time.
Chairman Ros-Lehtinen. Thank you very much, Ms. Wilson. And
on behalf of our south Florida congressional delegation, Mr.
Deutch, Mr. Rivera, and I also look forwarded to working with
you and Mr. Berman on this issue as it moves forward.
Seeing no baseball signals about members wishing to be
recognized, I would like to ask if there are any amendments to
the base text. Mr. Connolly is recognized.
Mr. Connolly. Madam Chairman, thank you. I have a
straightforward amendment, and I would call it up at the desk.
Ms. Carroll. Amendment to the amendment in the nature of a
substitute to H.R. 1016 offered by Mr. Connolly of Virginia.
Page 3, after line 18, insert the following new paragraph.
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Chairman Ros-Lehtinen. Without objection, the amendment is
considered read. And the chair reserves a point of order on the
amendment. But Mr. Connolly is recognized for up to 5 minutes
to explain his amendment.
Mr. Connolly. Thank you, Madam Chairman. Amendment No. 42
simply applauds the work of the urban search and rescue teams
from Los Angeles, Miami/Dade, City of Miami, Virginia Beach
that have worked with USAID and FEMA in response to numerous
tragedies and in particular, of course, most recently Japan but
Haiti as well. And this language simply calls them out for
special treatment. I was under the impression, Madam Chairman,
that this had been cleared.
Chairman Ros-Lehtinen. Correct. Correct. Thank you. I
apologize, Mr. Connolly.
Mr. Connolly. And Madam Chairman, I just think they do
outstanding work. This is a great partnership between USAID and
our local fire and rescue departments. Each of our respective
jurisdictions can and should be proud of work they do and the
ambassador role they play on behalf of the people of the United
States when others around the world suffer tragedies, as they
did in Haiti and most recently in Japan.
And with that, I yield back my time.
Chairman Ros-Lehtinen. Thank you, Mr. Connolly. The chair
would like to recognize herself to acknowledge my support for
this amendment because it highlights the admirable
contributions that many American corporations, organizations,
people have made to support the relief and recovery efforts in
Haiti. Americans have donated $1.4 billion to charities in
support of this cause. My own district and Ms. Wilson's
district of Miami has sent two urban search and rescue teams to
Haiti immediately following the quake, pledged $60,000 to
relief efforts. The Port of Miami and Miami International
Airport have waived certain fees for relief-related efforts.
And several other assets from south Florida were utilized, U.S.
Southern Command (SOUTHCOM), which served as the operation
center for the U.S. response, Coast Guard Key West, Homestead
Air Reserve Base, which was the initial departure point for C-
130s that carried relief, supplies, and personnel to Haiti. And
as we have noted, the underlying bill states that individual
businesses and philanthropic organizations across the U.S. and
throughout the international community responded in support of
Haiti and its populace during the crisis, sometimes in
innovative ways, such as fundraising through text messages.
Does anyone wish to be heard on the amendment? Mr. Berman.
Mr. Berman. Thank you, Madam Chairman.
I strongly support this paragraph of praise for the U.S.
urban search and rescue teams in reference to an earlier passed
House Resolution. And once again I urge my colleagues to
consider with respect to the other bill similar references of
concern for the disaster in Japan and urge adoption of this
amendment.
Chairman Ros-Lehtinen. Mr. Payne is recognized for 5
minutes.
Mr. Payne. I would just like to say very briefly, let me
commend the author of the resolution and the strong support
that has been received from the chairperson, the ranking
member, these perfecting amendments. I think it is certainly
important that we do recognize those people who put themselves
in harm's way, as is indicated in this amendment. So I would
just like to commend the committee and for us to continue to
have a concern about our neighbors so close to our shores.
With that, I yield back.
Chairman Ros-Lehtinen. Thank you. I see no other baseball
signals for recognition of time. So hearing no further requests
for recognition, the question occurs on the amendment. All
those in favor say aye. All those opposed no.
In the opinion of the chair, the ayes have it and the
amendment is agreed to.
Are there any members who wish to speak on the base text of
the bill before us? If there are no further amendments, I move
that the bill be reported favorably to the House, as amended.
All those in favor say aye. All those opposed no.
The ayes have it, and the motion to report favorably is
agreed to. Without objection the bill, as amended, will be
reported as a single amendment in the nature of a substitute,
incorporating the amendments adopted by this committee and the
staff is directed to make technical and conforming changes.
We now move to the last bill. I now call up the bill H.R.
515, the Belarus Democracy Reauthorization Act of 2011. Without
objection, the bill will be considered as read and open for
amendment at any point. And the bipartisan amendment in the
nature of a substitute that members have before them which
represents the subcommittee mark by Mr. Smith and Mr. Payne
will be considered as read and as base text for purposes of
amendment.
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Chairman Ros-Lehtinen. I recognize myself to speak on the
bill. I strongly support the bill before us. I would like to
express my condolences to the people of Belarus who earlier
this week suffered a horrific bombing in the subway in Minsk
that killed 12 and wounded 200 others. I thank my colleague
Chris Smith for introducing this bill, which would amend the
Belarus Democracy Act of 2004. This measure is both timely and
important.
Belarus has been correctly deemed the last dictatorship of
Europe. The basic freedoms and human rights of the people of
Belarus are systematically violated, pro-democracy political
activists are subject to beatings and imprisonment, and the
authorities in Belarus have imposed severe restrictions on free
speech and on independent media.
On December 19, 2010, a fraudulent presidential election
was held in Belarus. According to the recently released
Department of State 2010 Human Rights Report, ``Authorities
denied citizens the right to change their government,
manipulating the December 19th Presidential election to ensure
that the President would not be seriously challenged.''
Further, it continues:
``Security forces beat detainees and protesters, used
excessive force to disperse peaceful demonstrators, and
reportedly used torture during investigations. A
crackdown on a post-election demonstration led to the
arrest of over 700 activists, including criminal
charges against five Presidential candidates and
numerous activists and journalists.''
The U.S. and other responsible nations must support pro-
democracy forces in Belarus and hold the authoritarian regime
in Minsk accountable for its growing abuses. I will not read my
entire statement, but I am pleased to yield to the ranking
member for any remarks that he may have on the measure.
Mr. Berman. I thank the chairman, and I want to join her in
expressing my condolences to the families and loved ones of
those who perished or were injured in Monday's bombing in the
Minsk subway.
The fact is that Belarus is Europe's last dictatorship and
that that shouldn't be allowed to go unchallenged. On December
19 of last year Belarus President Alexander Lukashenko staged a
fraudulent election. Immediately afterwards, he arrested
candidates who dared to run against him and hundreds of
citizens who took to the streets in Minsk to protect the
election results. The regime has continued to harass members of
opposition and the local parties, human rights activists, and
civil society and to suppress Belarusans' access to free press
and information.
Two weeks ago the OSCE was forced to close its office in
Minsk. While international media attention has moved on to
events elsewhere, we have not forgotten the people of Belarus.
Many heroic individuals still languish in prison without access
to their families or legal counsel. With this reauthorization,
the U.S. is doing what we can to encourage their free exchange
of ideas and alternative leaders in Belarus. Belarusans have
the same right to self-government and free expression as their
neighbors. And we need to continue to call for the reopening of
the OSCE Minsk mission and call for the Lukashenko government
to cooperate with a OSCE fact-finding mission requested by the
14 participating States under the Moscow Mechanism.
I urge support for the bill and yield back.
Chairman Ros-Lehtinen. Thank you very much, Mr. Berman.
I am pleased to recognize the author of this bill, the
chairman of the Subcommittee on Africa, Global Health, and
Human Rights, Mr. Smith, for 5 minutes.
Mr. Smith. Thank you, Madam Chair. And thank you for
scheduling this legislation for a markup. As my colleagues
know, the fraudulent December 19th election in Belarus and the
ongoing crackdown on democracy activists and the independent
journalists by the Lukashenko dictatorship underscore the need
for this legislation.
Immediately after the election, the government responded to
peaceful protests against electoral fraud with savage mass
beatings and large scale detentions. Some 700 people were
detained. Some of those jailed have been abused and many have
been tortured. A number have already received harsh sentences
of up to 4 years. Nearly 30 remain in detention and many more
await trial and could be incarcerated for up to 15 years or
more. Many of those people over the years, Madam Chair, I would
note parenthetically, are people that I have come to know,
including Anatoly Lebedko, who is the leader of the United
Civic Party who was arrested and awaits a trial for mass
disturbances and organizing and participating in that
disturbance. They had a rally. And for that, he faces, like the
others, up to 15 years in prison.
The crackdown follows the pattern of repression that has
characterized Lukashenko's nearly 17-year rule. Through a
series of rigged elections, large-scale intimidation, and the
suppression of independent media and civil society, the
dictator has long consolidated his control over virtually all
national institutions. Lukashenko's dictatorship has the worst
democracy and human rights record of any government in Europe.
Legislation that I authored earlier, the Belarus Democracy Act
of 2004 and the Belarus Democracy Reauthorization Act of 2006,
passed the House and Senate with overwhelming bipartisan
support and was signed into law.
H.R. 515 takes the earlier legislation as its starting
point. It requires the State Department to report to Congress
on transactions or cooperation by the Belarusan Government with
any other government to censor or surveil the Internet, as well
as arms sales and the personal assets of the dictator and his
senior leaders.
Just as significant, the bill supports targeted sanctions.
It expresses the sense of Congress to deny the privilege of
visiting our country of senior Belarus officials, their
immediate families, and others involved in human rights
violations and anti-democracy actions, including those involved
in the December 19 post-election crackdown. Likewise, it also
has provisions prohibiting U.S. Government financing, except
for humanitarian goods and agricultural or medical products and
nonhumanitarian loans from international financial institutions
to the Belarusan Government and blocking assets owned by the
Belarusan Government's senior leadership or their families and
others involved in anti-democratic actions. These sanctions are
aimed at the senior leadership of a dictatorship that displays
utter contempt for the dignity and the rights of the Belarusan
people. And with these sanctions, we stand with the Belarusan
people against their oppressors.
I want to stress that both the Bush and the Obama
administrations have made good use of the previous Belarus
Democracy Act of 2004 and 2006 to emphasize to the people and
to the government especially that the elected representatives
of the American people by overwhelming bipartisan majorities
support the policy of condemning and sanctioning the Belarusan
Government's brutal human rights violations. I want to thank
Mr. Payne, our ranking member on the subcommittee, for his
support and for joining us in the April 1st hearing where we
heard from a number of witnesses including the DAS Dan Russell,
who did an extraordinarily good job and is at his post, and I
also want to thank my good friend and colleague Chairman Burton
and Mr. Meeks, the ranking member. Both of our subcommittees
met in hearings, a hearing and a briefing, in a closed briefing
about the arms sales and other related security issues. So I
want to thank those two gentlemen as well.
And I urge strong support for the legislation.
Chairman Ros-Lehtinen. Thank you so much, Mr. Smith. Before
we move to the amendment process, are there any other members
who wish to be recognized?
Mr. Payne is recognized for 5 minutes.
Mr. Payne. Let me commend the chairman of the Subcommittee
on Africa, Global Health, and Human Rights for the Belarus
Democracy Reauthorization Act of 2011, H.R. 515. We have worked
together on this legislation, as you mentioned. We had the last
remnants of the old Warsaw Pact where democracy went throughout
Eastern Europe and other parts of the world. But Belarus is
sticking to its being caught in time and refuses to move
forward. As we see progress and people speaking out throughout
the world, whether it is North Africa, whether it is the Middle
East, whether it is throughout our world, people are saying
that we want to have freedom, we want to be democratically run;
we are against tyranny, and we want to have a better quality of
life for our children.
So I strongly support this. And as we all know, there is a
similar struggle going on in Cote d'Ivoire and we would hope
that we could get the legislation which my chairman certainly
supports. We had a markup and a hearing on Cote d'Ivoire, and I
hope that the U.S. Congress could join with the entire world
community to say that Mr. Gbagbo is out of step with the world.
And so maybe the House could get in step with the world.
Thank you very much. I yield back.
Chairman Ros-Lehtinen. Thank you. Thank you, Mr. Payne, and
I know that Mr. Connolly has an amendment. If the clerk will
report the amendment.
Ms. Carroll. Amendment to the amendment in the nature of a
substitute to H.R. 515 offered by Mr. Connolly of Virginia.
Page eight, beginning on line two.
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Chairman Ros-Lehtinen. Without objection, the amendment is
considered as read, and the gentleman is recognized to explain
his amendment.
Mr. Connolly. I thank the chairman. Again, this is a
clarifying amendment to simply amplify the language that we
have got there that we are talking about ending tyranny by
empowering the people of Belarus to end that tyranny in their
country. I think that is a core principle of American
democracy. That has been a value espoused by our country for
over 200 years.
I simply want to amplify that language. I have checked with
the author of the bill and he, I believe, has accepted the
language.
Chairman Ros-Lehtinen. The chair also supports the
amendment. Mr. Berman?
Mr. Berman. Me, too.
Mr. Connolly. I thank my colleagues, and I yield back.
Chairman Ros-Lehtinen. We will dispense with this amendment
first. Any other member seek recognition on this amendment?
Hearing no further requests for recognition, the question
occurs on the amendment. All in favor say aye. All those
opposed, no.
In the opinion of the chair, the ayes have it, and the
amendment is agreed to.
Are there any other amendments to the bill? If not, and
because we have a reporting quorum being present, I move that
the bill be reported favorably to the House, as amended. All
those in favor say aye. All opposed no.
The ayes have it and the motion to report favorably is
agreed to. Without objection, the bill, as amended, will be
reported as a single amendment in the nature of a substitute
incorporating the amendments adopted by the committee, and the
staff is directed to make technical and conforming changes.
This concludes the business of today. The committee is
adjourned. Thank you, Mr. Berman. Thank you, Members.
[Whereupon, at 11:20 a.m., the committee was adjourned.]
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