II

104TH CONGRESS

2D SESSION H. R. 4036

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 26, 1996

Received

AN ACT

Making certain provisions with respect to internationally

recognized human rights, refugees, and foreign relations.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Human Rights, Refu5 gee, and Other Foreign Relations Provisions Act of 1996’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—FOREIGN RELATIONS PROVISIONS

Sec. 101. Fees for machine readable visas.

Sec. 102. Report to Congress concerning Cuban emigration policies.

Sec. 103. Extension of certain adjudication provisions.

Sec. 104. Persecution for resistance to coercive population control methods.

Sec. 105. Conduct of certain educational and cultural exchange programs.

Sec. 106. Educational and cultural exchanges and scholarships for Tibetans

and Burmese.

Sec. 107. International Boundary and Water Commission.

TITLE II—FOREIGN ASSISTANCE PROVISIONS

Sec. 201. Human rights reports.

Sec. 202. Assistance for Mauritania.

3 TITLE I—FOREIGN RELATIONS

4 PROVISIONS

5 SEC. 101. FEES FOR MACHINE READABLE VISAS.

6 Section 140(a) of the Foreign Relations Authoriza7 tion Act, Fiscal Years 1994 and 1995 (Public Law 103–

8 236) is amended—

9 (1) by striking paragraphs (2) and (3) and in10 serting the following:

11 ‘‘(2) For fiscal years 1996 and 1997, not more

12 than $150,000,000 in fees collected under the au13 thority of paragraph (1) for each fiscal year shall be

14 deposited as an offsetting collection to any Depart15 ment of State appropriation to recover the costs of

16 the Department of State’s border security program,

17 including the costs of—
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1 ‘‘(A) installation and operation of the ma2 chine readable visa and automated name-check

3 process;

4 ‘‘(B) improving the quality and security of

5 the United States passport;

6 ‘‘(C) passport and visa fraud investiga7 tions; and

8 ‘‘(D) the technological infrastructure to

9 support and operate the programs referred to in

10 subparagraphs (A) through (C).

11 Such fees shall remain available for obligation until

12 expended.

13 ‘‘(3) For any fiscal year, fees collected under

14 the authority of paragraph (1) in excess of the

15 amount specified for such fiscal year under para16 graph (2) shall be deposited in the general fund of

17 the Treasury as miscellaneous receipts.’’; and

18 (2) by striking paragraph (5).

19 SEC. 102. REPORT TO CONGRESS CONCERNING CUBAN EMI20 GRATION POLICIES.

21 Beginning 3 months after the date of the enactment

22 of this Act and every subsequent 6 months, the Secretary

23 of State shall include in the monthly report to Congress

24 entitled ‘‘Update on Monitoring of Cuban Migrant Return25 ees’’ additional information concerning the methods em-
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1 ployed by the Government of Cuba to enforce the United

2 States-Cuba agreement of September 1994 to restrict the

3 emigration of the Cuban people from Cuba to the United

4 States and the treatment by the Government of Cuba of

5 persons who have returned to Cuba pursuant to the Unit6 ed States-Cuba agreement of May 1995.

7 SEC. 103. EXTENSION OF CERTAIN ADJUDICATION PROVI8 SIONS.

9 The Foreign Operations, Export Financing, and Re10 lated Programs Appropriations Act, 1990 (Public Law

11 101–167) is amended—

12 (1) in section 599D (8 U.S.C. 1157 note)—

13 (A) in subsection (b)(3), by striking ‘‘and

14 1996’’ and inserting ‘‘1996, and 1997’’; and

15 (B) in subsection (e), by striking out ‘‘Oc16 tober 1, 1996’’ each place it appears and insert17 ing ‘‘October 1, 1997’’; and

18 (2) in section 599E (8 U.S.C. 1255 note) in

19 subsection (b)(2), by striking out ‘‘September 30,

20 1996’’ and inserting ‘‘September 30, 1997’’.

21 SEC. 104. PERSECUTION FOR RESISTANCE TO COERCIVE

22 POPULATION CONTROL METHODS.

23 (a) DEFINITION OF REFUGEE.—

24 (1) Section 101(a)(42) of the Immigration and

25 Nationality Act (8 U.S.C. 1101(a)(42)) is amended
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1 by adding at the end the following: ‘‘For purposes

2 of determinations under this Act, a person who has

3 been forced to abort a pregnancy or to undergo in4 voluntary sterilization, or who has been persecuted

5 for failure or refusal to undergo such a procedure or

6 for other resistance to such forced procedures, shall

7 be deemed to have been persecuted on account of po8 litical opinion, and a person who has a well founded

9 fear that he or she will be forced to undergo such

10 a procedure or subject to persecution for such fail11 ure, refusal, or resistance shall be deemed to have a

12 well founded fear of persecution on account of politi13 cal opinion.’’.

14 (2) Not later than 90 days after the end of

15 each fiscal year, the Attorney General shall submit

16 a report to the Committee on the Judiciary of the

17 House of Representatives and the Committee on the

18 Judiciary of the Senate describing the number and

19 countries of origin of aliens granted refugee status

20 or asylum under determinations pursuant to the

21 amendment made by paragraph (1). Each such re22 port shall also contain projections regarding the

23 number and countries of origin of aliens that are

24 likely to be granted refugee status or asylum for the

25 subsequent 2 fiscal years.
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1 (b) NUMERICAL LIMITATION.—Section 207(a) of the

2 Immigration and Nationality Act (8 U.S.C. 1157(a)) is

3 amended by adding at the end the following new para4 graph:

5 ‘‘(5) For any fiscal year, not more than a total of

6 1,000 refugees may be admitted under this subsection or

7 granted asylum under section 208 pursuant to a deter8 mination under the third sentence of section 101(a)(42)

9 (relating to persecution for resistance to coercive popu10 lation control methods).’’.

11 (c) CONTINGENT REPEALER.—Subsections (a) and

12 (b) of this section and the amendments made by such sub13 sections shall not take effect and this section and such

14 amendments are repealed whenever the Illegal Immigra15 tion Reform and Immigrant Responsibility Act of 1996

16 is enacted into law (whether before, on, or after the date

17 of the enactment of this Act).

18 SEC. 105. CONDUCT OF CERTAIN EDUCATIONAL AND CUL19 TURAL EXCHANGE PROGRAMS.

20 In carrying out programs of educational and cultural

21 exchange in countries whose people do not fully enjoy free22 dom and democracy (including but not limited to China,

23 Vietnam, Cambodia, Tibet, and Burma), the Director of

24 the United States Information Agency shall take appro25 priate steps to provide opportunities for participation in
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1 such programs to human rights and democracy leaders of

2 such countries.

3 SEC. 106. EDUCATIONAL AND CULTURAL EXCHANGES AND

4 SCHOLARSHIPS FOR TIBETANS AND BUR5 MESE.

6 (a) ESTABLISHMENT OF EDUCATIONAL AND CUL7 TURAL EXCHANGE FOR TIBETANS.—The Director of the

8 United States Information Agency shall establish pro9 grams of educational and cultural exchange between the

10 United States and the people of Tibet. Such programs

11 shall include opportunities for training and, as the Direc12 tor considers appropriate, may include the assignment of

13 personnel and resources abroad.

14 (b) SCHOLARSHIPS FOR TIBETANS AND BURMESE.—

15 (1) Subject to the availability of appropriations,

16 for fiscal year 1997 at least 30 scholarships shall be

17 made available to Tibetan students and professionals

18 who are outside Tibet, and at least 15 scholarships

19 shall be made available to Burmese students and

20 professionals who are outside Burma.

21 (2) WAIVER.—Paragraph (1) shall not apply to

22 the extent that the Director of the United States In23 formation Agency determines that there are not

24 enough qualified students to fulfill such allocation

25 requirement.
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1 (3) SCHOLARSHIP DEFINED.—For the purposes

2 of this section, the term ‘‘scholarship’’ means an

3 amount to be used for full or partial support of tui4 tion and fees to attend an educational institution,

5 and may include fees, books, and supplies, equip6 ment required for courses at an educational institu7 tion, living expenses at a United States educational

8 institution, and travel expenses to and from, and

9 within, the United States.

10 SEC. 107. INTERNATIONAL BOUNDARY AND WATER COM11 MISSION.

12 The Act of May 13, 1924 (49 Stat. 660, 22 U.S.C.

13 277–277f), is amended in section 3 (22 U.S.C. 277b) by

14 adding at the end the following new subsection:

15 ‘‘(d) Pursuant to the authority of subsection (a) and

16 in order to facilitate further compliance with the terms

17 of the Convention for Equitable Distribution of the Waters

18 of the Rio Grande, May 21, 1906, United States-Mexico,

19 the Secretary of State, acting through the United States

20 Commissioner of the International Boundary and Water

21 Commission, may make improvements to the Rio Grande

22 Canalization Project, originally authorized by the Act of

23 August 29, 1935 (49 Stat. 961). Such improvements may

24 include all such works as may be needed to stabilize the

25 Rio Grande in the reach between the Percha Diversion
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1 Dam in New Mexico and the American Diversion Dam in

2 El Paso.’’.

3 TITLE II—FOREIGN ASSISTANCE

4 PROVISIONS

5 SEC. 201. HUMAN RIGHTS REPORTS.

6 (a) SECTION 116 REPORT.—Section 116(d) of the

7 Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is

8 amended—

9 (1) in paragraph (2), by striking ‘‘and’’ at the

10 end;

11 (2) by redesignating paragraph (3) as para12 graph (5); and

13 (3) by inserting after paragraph (2) the follow14 ing new paragraphs:

15 ‘‘(3) the votes of each member of the United

16 Nations Commission on Human Rights on all coun17 try-specific and thematic resolutions voted on at the

18 Commission’s annual session during the period cov19 ered during the preceding year;

20 ‘‘(4) the extent to which each country has ex21 tended protection to refugees, including the provision

22 of first asylum and resettlement; and’’.

23 (b) SECTION 502B REPORT.—Section 502B(b) of

24 such Act (22 U.S.C. 2304(b)) is amended by adding after

25 the second sentence the following new sentence: ‘‘Each re-
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1 port under this section shall list the votes of each member

2 of the United Nations Commission on Human Rights on

3 all country-specific and thematic resolutions voted on at

4 the Commission’s annual session during the period covered

5 during the preceding year.’’.

6 SEC. 202. ASSISTANCE FOR MAURITANIA.

7 (a) PROHIBITION.—The President should not provide

8 economic assistance, military assistance or arms transfers

9 to the Government of Mauritania unless the President cer10 tifies to the Congress that such Government has taken ap11 propriate action to eliminate chattel slavery in Mauritania,

12 including—

13 (1) the enactment of anti-slavery laws that pro14 vide appropriate punishment for violators of such

15 laws; and

16 (2) the rigorous enforcement of such laws.

17 (b) DEFINITIONS.—For purposes of this section, the

18 following definitions apply:

19 (1) ECONOMIC ASSISTANCE.—The term ‘‘eco20 nomic assistance’’ means any assistance under part

21 I of the Foreign Assistance Act of 1961 (22 U.S.C.

22 2151 et seq.), except that such term does not in23 clude humanitarian assistance.
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1 (2) MILITARY ASSISTANCE OR ARMS TRANS2 FERS.—The term ‘‘military assistance or arms

3 transfers’’ means—

4 (A) assistance under chapter 2 of part II

5 of the Foreign Assistance Act of 1961 (22

6 U.S.C. 2311 et seq.; relating to military assist7 ance), including the transfer of excess defense

8 articles under sections 516 through 519 of that

9 Act (22 U.S.C. 2321j through 2321m);

10 (B) assistance under chapter 5 of part II

11 of the Foreign Assistance Act of 1961 (22

12 U.S.C. 2347 et seq.; relating to international

13 military education and training);

14 (C) assistance under the ‘‘Foreign Military

15 Financing Program’’ under section 23 of the

16 Arms Export Control Act (22 U.S.C. 2763); or

17 (D) the transfer of defense articles, de18 fense services, or design and construction serv19 ices under the Arms Export Control Act (22

20 U.S.C. 2751 et seq.), including defense articles

21 and defense services licensed or approved for
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1 export under section 38 of that Act (22 U.S.C.

2 2778).

Passed the House of Representatives September 25,

1996.

Attest: ROBIN H. CARLE,

Clerk.

By JEFF TRANDAHL,

Assistant to the Clerk.