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[Journal of the House of Representatives, 1995]
[Tuesday, October 31, 1995 (137), Para 137.22 Amendment in Disagreement--H.R. 1868]
[Pages 1820-1821]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.137.22  amendment in disagreement--h.r. 1868

  The House then proceeded to the consideration of the following 
amendment of the Senate reported in disagreement numbered 115:

       Page 44, line 19, after ``lizations'' insert: : Provided, 
     That in determining eligibility for assistance from funds 
     appropriated to carry out section 104 of the Foreign 
     Assistance Act of 1961, nongovernmental and multilateral 
     organizations shall not be subjected to requirements more 
     restrictive than the requirements applicable to foreign 
     governments for such assistance: Provided further, That none 
     of the funds made available under this Act may be used to 
     lobby for or against abortion.

  Mr. CALLAHAN, pursuant to House Resolution 249, moved that the House 
recede from its disagreement to the amendment of the Senate numbered 115 
and concur therein with an amendment, as follows:

       In lieu of the matter proposed by said amendment, insert:
       : Provided, That none of the funds made available under 
     this Act may be used to lobby for or against abortion.

                  prohibition on funding for abortion

       Sec. 518A. (a) In General.--
       (1) Notwithstanding any other provision of this Act or 
     other law, none of the funds appropriated by this Act for 
     population assistance activities may be made available for 
     any foreign private, nongovernmental, or multilateral 
     organization until the organization certifies that it will 
     not during the period for which the funds are made available, 
     perform abortions in any foreign country, except where the 
     life of the mother would be endangered if the fetus were 
     carried to term or in cases of forcible rape or incest.
       (2) Paragraph (1) may not be construed to apply to the 
     treatment of injuries or illnesses caused by legal or illegal 
     abortions or to assistance provided directly to the 
     government of a country.
       (b) Lobbying Activities.--
       (1) Notwithstanding any other provision of this Act or 
     other law, none of the funds appropriated by this Act for 
     population assistance activities may be made available for 
     any foreign private, nongovernmental, or multilateral 
     organization until the organization certifies that it will 
     not during the period for which the funds are made available, 
     violate the laws of any foreign country concerning the 
     circumstances under which abortion is permitted, regulated, 
     or prohibited.
       (2) Notwithstanding any other provision of this Act, 
     paragraph (1) shall not apply to activities in opposition to 
     coercive abortion or involuntary sterilization.
       (c) Subsections (a) and (b) apply to funds made available 
     for a foreign organization either directly or as a 
     subcontractor or sub-grantee, and the required certifications 
     apply to activities in which the organization engages either 
     directly or through a subcontractor or subgrantee.
       (d) Coercive Population Control Methods.--Notwithstanding 
     any other provision of this Act or other law, none of the 
     funds appropriated by this Act may be made available for the 
     United Nations Population Fund (UNFPA) unless the President 
     certifies to the appropriate congressional committees that 
     (1) the United Nations Population Fund will terminate all 
     family planning activities in the People's Republic of China 
     no later than March 1, 1996; or (2) during the 12 months 
     preceding such certification, there have been no abortions as 
     the result of coercion associated with the family planning 
     policies of the national government or other governmental 
     entities within the People's Republic of China. As used in 
     this section the term ``coercion'' includes physical duress 
     or abuse, destruction or confiscation of property, loss of 
     means of livelihood, or severe psychological pressure.

  On motion of Mr. CALLAHAN, by unanimous consent,
  Ordered, That debate on the motion made in order by House Resolution 
249 to dispose of the amendment of the Senate numbered 115 be limited to 
20 minutes, equally divided and con

[[Page 1821]]

trolled as otherwise provided in said resolution.
  After debate,
  Pursuant to House Resolution 249 the previous question was considered 
ordered.
  The question being put, viva voce,
  Will the House agree to the motion to recede and concur to the 
amendment of the Senate numbered 115 with an amendment?
  The SPEAKER pro tempore, Mr. COMBEST, announced that the yeas had it.
  Mr. SMITH of New Jersey demanded a recorded vote on agreeing to said 
motion, which demand was supported by one-fifth of a quorum, so a 
recorded vote was ordered.
  The vote was taken by electronic device.

It was decided in the

Yeas

232

affirmative

Nays

187
```