H 5472 CONGRESSIONAL RECORD — HOUSE May 23, 1995

H.R. 1521: Mr. LUTHER, Ms. LOFGREN, Mr.

FROST, Mr. FRAZER, Mr. MARKEY, Mr.

DEUTSCH, and Ms. JACKSON-LEE.

H.R. 1542: Miss COLLINS of Michigan.

H.R. 1568: Mr. ACKERMAN, Mr. LAFALCE,

Mr. BEILENSON, Mr. LUTHER, Mr. JACOBS, and

Mr. MARTINEZ.

H.R. 1617: Mrs. JOHNSON of Connecticut and

Mr. ROGERS.

H.R. 1642: Mr. HAMILTON.

H.R. 1645: Mr. WALSH, Mr. LAUGHLIN, Mr.

TRAFICANT, Mr. ROBERTS, and Mr. POMEROY.

H.J. Res. 79: Mr. COLEMAN and Mr.

HILLIARD.

H. Con. Res. 10: Mr. MANZULLO, Mrs. KENNELLY, Mr. ROSE, Mr. GEJDENSON, Mr. COLEMAN, Mr. HALL of Ohio, Mr. BISHOP, Ms.

DELAURO, Mr. PORTER, Mr. HUTCHINSON, Mr.

LEWIS of Georgia, Mr. HEFNER, Mr. FRANKS

of Connecticut, Mr. YOUNG of Florida, Mr.

PETRI, Mr. NETHERCUTT, Ms. FURSE, Mr.

ROHRABACHER, Mr. HEINEMAN, and Mr. ABERCROMBIE.

H. Con. Res. 23: Mr. BEVILL, Ms. WOOLSEY,

Mr. STOKES, Mr. STUPAK, and Mrs. COLLINS of

Illinois.

H. Res. 40: Mr. HAMILTON.

H. Res. 118: Mr. COLEMAN, Mr. HASTINGS of

Florida, Mr. FAZIO of California, Mr. LEWIS

of Georgia, Ms. DELAURO, Mr. LEVIN, Mr.

BOUCHER, Mr. SANDERS, Mr. GENE GREEN of

Texas, Ms. NORTON, Mr. LEACH, Mr. CLAY,

Ms. ROYBAL-ALLARD, and Mr. BERMAN.

H. Res. 127: Mr. H

fAMILTON.

AMENDMENTS

Under clause 6 of rule XXIII, proposed amendments were submitted as

follows:

H.R. 1561

OFFERED BY: MR. ABERCROMBIE

AMENDMENT NO. 21: Page 108, lines 8 and 9,

strike ‘‘$15,000,000 for the fiscal year 1996 and

$10,000,000 for the fiscal year 1997’’ and insert

‘‘$24,500,000 for the fiscal year 1996 and

$24,500,000 for the fiscal year 1997’’.

H.R. 1561

OFFERED BY: MR. ACKERMAN

AMENDMENT NO. 22: On page 11, strike line

1 and all that follows through page 82, line 9

and insert in lieu thereof the following:

‘‘DIVISION A—STREAMLINING OF

FOREIGN AFFAIRS AGENCIES

TITLE I—GENERAL PROVISIONS

SEC. 101. SHORT TITLE.

This division may be cited as the ‘‘Foreign

Affairs Agencies Streamlining Act of 1995’’.

SEC. 102. CONGRESSIONAL FINDINGS.

The Congress makes the following findings:

(1) With the end of the Cold War, the international challenges facing the United States

have changed, but the fundamental national

interests of the United States have not. The

security, economic, and humanitarian interests of the United States require continued

American engagement in international affairs. The leading role of the United States

in world affairs will be as important in the

twenty first century as it has been in the

twentieth.

(2) The United States budget deficit requires that the foreign as well as the domestic programs and activities of the United

States be carefully reviewed for potential

savings. Wherever possible, foreign programs

and activities must be streamlined, managed

more efficiently, and adapted to the requirements of the post-Cold War era.

(3) As part of an overall review to foster efficiencies in the executive branch, the President has had under review the organization

and functions of those departments and

agencies responsible for administering the

international affairs (150) budget function.

(4) The President deserves commendation

for the results of such review to date, including significant numbers of foreign posts

closed and personnel reductions made by

some foreign affairs agencies.

(5) In order to achieve further budgetary

savings and eliminate overlapping responsibilities and duplication of efforts in the

foreign programs and activities of the United

States without jeopardizing United States

interests, continued careful review and

strong effective leadership will be required.

(6) A streamlined foreign affairs structure

under the leadership of the President can

more effectively promote the international

interests of the United States in the next

century.

TITLE II—ONGOING REVIEW OF INTERNATIONAL AFFAIRS MANAGEMENT

SEC. 201. REVIEW OF INTERNATIONAL AFFAIRS

AGENCIES.

(a) REVIEW.—The President shall review, as

part of an overall effort to foster efficiencies

in the executive branch, the programs described in the Foreign Assistance Act of 1961

and the Arms Export Control Act, as well as

other initiatives within the administration

of international affairs programs, to determine how best to achieve the cost savings

and streamlining.

(b) CONSIDERATIONS.—The review conducted pursuant to subsection (a) shall include a review of—

(1) any additional costs or cost savings

that would result from reorganizing the

agencies administering programs under the

international affairs (150) budget function;

(2) the management implications of any

agency reorganization;

(3) the optimal organizational structure for

the foreign affairs agencies;

(4) the implications for United States foreign policy and United States foreign assistance programs of any agency reorganization;

(5) the justification for staffing levels of

non-foreign affairs agencies overseas, including the Departments of Commerce, Defense,

Justice, Treasury, and any intelligence agencies;

(6) the extent to which the activities of

such non-foreign affairs agencies contribute

to United States foreign policy and national

security interests;

(7) the implications for the United States

foreign operations of recent developments in

communications technology;

(8) the feasibility of centralizing worldwide

financial services of all foreign affairs agencies in the United States, including the feasibility of moving all such services to a location outside of the Washington, D.C. metropolitan area;

(9) the feasibility and cost-effectiveness of

contracting with private companies or other

United States Government agencies for certain services, including payroll, vendor payments, and Foreign Service pension payments systems, medical examination programs, and certain training programs; and

(10) efforts to consolidate management of

all U.S. international exchange programs to

eliminate duplication and overlap.

(c) REPORT.—Not later than six months

after the date of enactment of this Act, the

President shall submit to the appropriate

congressional committees a report on the results of the comprehensive review required

by subsection (a).

SEC. 202. REORGANIZATION AUTHORITY

(a) AUTHORITY.—The President is authorized to submit to the Congress a reorganization plan, if he determines such reorganization is necessary, to enhance the coordination, effectiveness, and efficiency of programs within the international affairs (150)

budget function.

(b) EXCEPTION.—Any plan submitted pursuant to the authority of subsection (a) may be

submitted pursuant to chapter 9 of title 5

(relating to executive reorganization) of the

United States Code, notwithstanding section

905(b) of that chapter.

H.R. 1561

OFFERED BY: MR. ACKERMAN

AMENDMENT NO. 23: On page 67, after line 9,

insert the following new section:

SEC. 501. CONSOLIDATION REPORT.

(a) REPORT.—No agency of the United

States Government may be abolished or its

functions transferred or consolidated with

another such agency pursuant to this division or any other provision of this Act relating to reorganization unless the Director of

the Congressional Budget Office and the Director of the Office of Management and

Budget independently calculate and submit

to the Congress a joint report analyzing the

costs and benefits of any such action.

(b) CONTENTS OF REPORT.—The cost/benefit

analysis required by subsection (a) shall include, but not be limited to—

(1) An assessment of direct and indirect

costs for the first five years associated with

the implementation of the provisions of this

division or any other provision of this Act

relating to reorganization; and

(2) The effects of consolidation on personnel, management systems, real property, decisionmaking processes, administrative

costs, and costs associated with terminating,

amending, renegotiating, or negotiating existing and new contracts.

(c) FURTHER CONGRESSIONAL ACTION REQUIRED.—Notwithstanding any other provision of this act, if the Director of the Congressional Budget Office and the Director of

the Office of Management and Budget either

jointly or independently determine and report that the costs associated with the consolidation required by this division or any

other provision of this act relating to reorganization exceed the fiscal year 1995 operating

costs of the affected agencies, such provisions shall not become effective unless—

(1) the President determines that such consolidation is in the national interest of the

United States; or

(2) a joint resolution is enacted specifying

that such provisions shall become effective

upon enactment of such resolution.

Redesignate sections 501 through 511 as

sections 502 through 512.

H.R. 1561

OFFERED BY: MR. ANDREWS

AMENDMENT NO. 24, At the end of title

XXXIII (relating to regional provisions), add

the following new section:

SEC. 3314. RESTRICTIONS ON ASSISTANCE FOR

TURKEY.

(a) RESTRICTIONS.—Of the funds made

available for fiscal year 1996 for assistance to

the Government of Turkey under the Foreign Assistance Act of 1961 and the Arms Export Control Act, the President shall withhold, first from grant assistance, if any, and

then from loan assistance, $500,000 for each

day that Turkey does not meet the conditions of subsection (c).

(b) WAIVER.—The President may waive the

application of subsection (a) if the President

determines that it is in the national security

interest of the United States to do so.

(c) CONDITIONS.—The conditions of this

subsection are met when the President certifies to Congress that the Government of

Turkey—

(1) allows free and unfettered monitoring

of the human rights situation within its territory by domestic and international human

rights monitoring organizations, including

but not limited to, the Turkish Human

Rights Association, the Conference on Security and Cooperation in Europe, Amnesty

International, and Human Rights Watch;
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5473

(2) recognizes the civil, cultural, and

human rights of its Kurdish citizens, ceases

its military operations against Kurdish civilians, and takes demonstrable steps toward a

peaceful resolution of the Kurdish issue;

(3) takes demonstrable steps toward the

total withdrawal of its military forces from

Cyprus and demonstrates its support for a

settlement recognizing the sovereignty,

independence, and territorial integrity of

Cyprus, with a constitutional democracy

based on majority rule, the rule of law, and

the protection of minority rights;

(4) completely removes its blockade of

United States and international assistance

to Armenia; and

(5) removes official restrictions on Christian churches and schools and offers sufficient protection against acts of violence and

harassment directed at members of the clergy, and offers sufficient protection against

acts of vandalism directed at church and

school property.

H.R. 1561

OFFERED BY: MR. BEREUTER

AMENDMENT NO. 25, In section 3242 (relating

to authorization of appropriations for title

III for Public Law 480), strike ‘‘No funds are

authorized to be appropriated for either’’ and

insert the following: ‘‘(a) IN GENERAL.—

There are authorized to be appropriated

$25,000,000 for each’’.

At the end of section 3242, add the following new subsection:

(b) AUTHORITY TO TRANSFER AMOUNTS.—

Notwithstanding any other provision of law,

amounts authorized to be appropriated by

subsection (a) may be used to carry out title

II of the Agricultural Trade Development

and Assistance Act of 1954 (7 U.S.C. 1721 et

seq.).

In section 2106 (relating to authorizations

of appropriations for United States informational, educational, and cultural programs)—

(1) in paragraph (1) (relating to salaries

and expenses) strike ‘‘$450,645,000 for the fiscal year 1996 and $428,080,000 for the fiscal

year 1‘997’’ and insert ‘‘$445,645,000 for the fiscal year 1996 and $423,080,000 for the fiscal

year 1997’’.

(2) in paragraph (3)(F) (relating to educational and cultural exchange programs)

strike ‘‘$87,265,800 for the fiscal year 1996 and

$87,341,400 for the fiscal year 1997’’ and insert

‘‘$67,265,800 for the fiscal year 1996 and

$67,341,400 for the fiscal year 1997’’.

H.R. 1561

OFFERED BY: MR. BEREUTER

AMENDMENT NO. 26: At the end of the bill,

add the following:

DIVISION D—ADDITIONAL PROVISIONS

TITLE XLI—PUBLIC LAW 480

SEC. 4001. AUTHORIZATION OF APPROPRIATIONS

FOR TITLE III.

(a) IN GENERAL.—Notwithstanding section

3242 of this Act, there are authorized to be

appropriated $25,000,000 for each of the fiscal

years 1996 and 1997 for the provision of agricultural commodities under title III of the

Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1727 et seq.).

(b) AUTHORITY TO TRANSFER AMOUNTS.—

Notwithstanding any other provision of law,

amounts authorized to be appropriated by

subsection (a) may be used to carry out title

II of the Agricultural Trade Development

and Assistance Act of 1954 (7 U.S.C. 1721 et

seq.).

SEC. 4002. REDUCTION IN AUTHORIZATIONS FOR

CERTAIN UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS.

Notwithstanding paragraphs (1) and (3)(F)

of section 2106 of this Act, the following

amounts are authorized to be appropriated

to carry out international information activities and educational and cultural exchange programs under the United States Information and Educational Exchange Act of

1948, the Mutual Educational and Cultural

Exchange Act of 1961, Reorganization Plan

Number 2 of 1977, the United States International Broadcasting Act of 1994, the Radio

Broadcasting to Cuba Act, the Television

Broadcasting to Cuba Act, the Board for

International Broadcasting Act, the Inspector General Act of 1978, the North/South Center Act of 1991, the National Endowment for

Democracy Act, and to carry out other countries in law consistent with such purposes:

(1) SALARIES AND EXPENSES.—For ‘‘Salaries

and Expenses’’, $445,645,000 for the fiscal year

1996 and $423,080,000 for the fiscal year 1997.

(3) EDUCATIONAL AND CULTURAL EXCHANGE

PROGRAMS.—For ‘‘Hubert H. Humphrey Fellowship Program’’, ‘‘Edmund S. Muskie Fellowship Program’’, ‘‘International Visitors

Program’’, and ‘‘Mike Mansfield Fellowship

Program’’, ‘‘Claude and Mildred Pepper

Scholarship Program of the Washington

Workshops Foundation’’, ‘‘Citizen Exchange

Programs’’, ‘‘Congress-Bundestag Exchange

Program’’, ‘‘Newly Independent States and

Eastern Europe Training’’, ‘‘Institute for

Representative Government’’, and ‘‘Arts

America’’, $67,265,800 for the fiscal year 1996

and $67,341,400 for the fiscal year 1997.

H.R. 1561

OFFERED BY: MR. BERMAN

AMENDMENT NO. 27: On page 11, strike line

1 and all that follows through page 82, line 9

and insert in lieu thereof the following:

‘‘DIVISION A—STREAMLINING OF

FOREIGN AFFAIRS AGENCIES

TITLE I—GENERAL PROVISIONS

SEC. 101. SHORT TITLE.

This division may be cited as the ‘‘Foreign

Affairs Agencies Streamlining Act of 1995’’.

SEC. 102. CONGRESSIONAL FINDINGS.

The Congress makes the following findings:

(1) With the end of the Cold War, the international challenges facing the United States

have changed, but the fundamental national

interests of the United States have not. The

security, economic, and humanitarian interests of the United States require continued

American engagement in international affairs. The leading role of the United States

in world affairs will be as important in the

twenty first century as it has been in the

twentieth.

(2) The United States budget deficit requires that the foreign as well as the domestic programs and activities of the United

States be carefully reviewed for potential

savings. Wherever possible, foreign programs

and activities must be streamlined, managed

more efficiently, and adapted to the requirements of the post-Cold War era.

(3) As part of an overall review to foster efficiencies in the executive branch, the President has had under review the organization

and functions of those departments and

agencies responsible for administering the

international affairs (150) budget function.

(4) The President deserves commendation

for the results of such review to date, including significant numbers of foreign posts

closed and personnel reductions made by

some foreign affairs agencies.

(5) In order to achieve further budgetary

savings and eliminate overlapping responsibilities and duplication of efforts in the

foreign programs and activities of the United

States without jeopardizing United States

interests, continued careful review and

strong effective leadership will be required.

(6) A streamlined foreign affairs structure

under the leadership of the President can

more effectively promote the international

interests of the United States in the next

century.

TITLE II—ONGOING REVIEW OF INTERNATIONAL AFFAIRS MANAGEMENT

SEC. 201. REVIEW OF INTERNATIONAL AFFAIRS

AGENCIES.

(a) REVIEW.—The President shall review, as

part of an overall effort to foster efficiencies

in the executive branch, the programs described in the Foreign assistance Act of 1961

and the Arms Export Control Act, as well as

other initiatives within the administration

of international affairs programs, to determine how best to achieve the cost savings

and streamlining.

(b) CONSIDERATIONS.—The review conducted pursuant to subsection (a) shall include a review of—

(1) any additional costs or cost savings

that would result from reorganizing the

agencies administering programs under the

international affairs (150) budget function;

(2) the management implications of any

agency reorganization;

(3) the optimal organizational structure for

the foreign affairs agencies;

(4) the implications for United States foreign policy and United States foreign assistance programs of any agency reorganization;

(5) the justification for staffing levels of

non-foreign affairs agencies overseas, including the Departments of Commerce, Defense,

Justice, Treasury, and any intelligence agencies;

(6) the extent to which the activities of

such non-foreign affairs agencies contribute

to the United States foreign policy and national security interests;

(7) the implications for the United States

foreign operations of recent developments in

communications technology;

(8) the feasibility of centralizing worldwide

financial services of all foreign affairs agencies in the United States, including the feasibility of moving all such services to a location outside of the Washington, D.C. metropolitan area;

(9) the feasibility and cost-effectiveness of

contracting with private companies or other

United States Government agencies for certain services, including payroll, vendor payments, and Foreign Service pension payments systems, medical examination programs, and certain training programs; and

(10) efforts to consolidate management of

all U.S. international exchange programs to

eliminate duplication and overlap.

(c) REPORT.—Not later than six months

after the date of enactment of this Act, the

President shall submit to the appropriate

congressional committees a report on the results of the comprehensive review required

by subsection (a).

SEC. 202. REORGANIZATION AUTHORITY.

(a) AUTHORITY.—The President is authorized to submit to the Congress a reorganization plan, if he determines such reorganization is necessary, to enhance the coordination, effectiveness, and efficiency of programs within the international affairs (150)

budget function.

(b) EXCEPTION.—Any plan submitted pursuant to the authority of subsection (a) may be

submitted pursuant to chapter 9 of title 5

(relating to executive reorganization) of the

United States Code, notwithstanding section

905(b) of that chapter.

H.R. 1561

OFFERED BY: MR. BERMAN

AMENDMENT NO. 28: In section 2104(a)(1)(A)

strike ‘‘$560,000,000’’ and insert in lieu thereof ‘‘$590,000,000’’.

Strike Section 2104(a)(4) and insert the following:

‘‘(4) RESETTLEMENT OF VIETNAMESE, LAOTIANS AND CAMBODIANS.—Of the funds authorized to be appropriated in (a)(1)(A) up to

$30,000,000 may be made available for fiscal
H 5474 CONGRESSIONAL RECORD — HOUSE May 23, 1995

year 1996 for assistance and admission of persons who—

(A) are or were nationals and residents of

Vietnam, Laos, or Cambodia;

(B) are within a category of aliens referred

to in section 599D(b)(2)(C) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law

101–167); and

(C) are or were at any time after January

1, 1989, residents of refugee camps in Hong

Kong, Thailand, Indonesia, Malaysia, or the

Philippines.’’

Strike Section 2104(b) and insert the following:

‘‘(b) GENERAL LIMITATIONS.—None of the

funds authorized to be appropriated by subsection (a) are authorized to be available for

any program or activity that provides for, or

promotes or funds the involuntary repatriation of any person to Vietnam, Laos or

Cambodia, unless the President has certified

that all persons described in subsection (a)(4)

who were residents of refugee camps as of

July 1, 1995, have been considered for resettlement to third countries, including to the

United States.’’

H.R. 1561

OFFERED BY: MR. BERMAN

AMENDMENT NO. 29: At the end of chapter 6

of title XXXI (relating to other provisions of

defense and security assistance), add the following new section:

SEC. 3194. REQUIREMENTS RELATING TO

RECOUPMENT OF NONRECURRING

COSTS FOR CERTAIN SALES OF

MAJOR DEFENSE EQUIPMENT.

(a) RECOUPMENT OF COSTS IN COMMERCIAL

EXPORT SALES.—

(1) IN GENERAL.—Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended

by adding at the end the following new subsection:

‘‘(i)(1) Any sale involving the export of

major defense equipment pursuant to a license or other approval granted under this

section shall include an appropriate charge

for a proportionate amount of the nonrecurring costs incurred by the United

States in the research, development, and

production of such equipment. Such charge

shall be comparable to the charge imposed

pursuant to section 21(e)(1)(B) of this Act relating to government-to-government sales of

major defense equipment.

‘‘(2) The charge provided for in paragraph

(1) shall not apply with respect to major defense equipment that is at least 90 percent

paid for from funds transferred under section

503(a)(3) of the Foreign Assistance Act of 1961

(22 U.S.C. 2311(a)(3)) or from funds made

available on a grant or other nonrepayable

basis under section 23 of this Act.’’.

(2) EFFECTIVE DATE.—Section 38(i) of the

Arms Export Control Act, as added by paragraph (1), applies with respect to major defense equipment sold pursuant to a contract

entered into on or after the date of the enactment of this Act.

(b) ELIMINATION OF AUTHORITY TO REDUCE

OR WAIVE CHARGES FOR COSTS IN FOREIGN

MILITARY SALES FOR NATO MEMBER COUNTRIES AND CERTAIN OTHER COUNTRIES.—Section 21(e) of such Act (22 U.S.C. 2761(e)) is

amended by striking paragraph (2) of such

section.

H.R. 1561

OFFERED BY: MR. CONDIT

AMENDMENT NO. 30: After chapter 2 of title

XXXIV (relating to special authorities and

other provisions), insert the following new

chapter (and redesignate the subsequent

chapter accordingly):

CHAPTER 3—FOREIGN AID REPORTING

REFORM ACT OF 1995

SEC. 3421. SHORT TITLE.

This chapter may be cited as the ‘‘Foreign

Aid Reporting Reform Act of 1995’’.

SEC. 3422. ANNUAL FOREIGN ASSISTANCE JUSTIFICATION REPORT.

(a) IN GENERAL.—In conjunction with the

submission of the annual requests for enactment of authorizations and appropriations

for foreign assistance programs for each fiscal year, the President shall submit to the

Congress a single report containing—

(1) an integrated justification for all foreign assistance programs proposed by the

President for the coming fiscal year; and

(2) an assessment of when the objectives of

those programs will be achieved so that the

assistance can be terminated.

(b) SPECIFIC INFORMATION TO BE PROVIDED.—Each such report shall include the

following:

(1) INFORMATION REGARDING A FOREIGN ASSISTANCE PROGRAM GENERALLY.—For each

foreign assistance program taken as a

whole—

(A) the total amount of assistance proposed to be provided under that program;

(B) the justification for that amount;

(C) the objectives that assistance under

that program is intended to achieve;

(D) an explanation of the relationship of

assistance under that program to assistance

under other foreign assistance programs; and

(E) the President’s estimation of the date

by which the objectives of that program will

be achieved and the program terminated.

(2) INFORMATION REGARDING SPECIFIC ASSISTANCE RECIPIENTS.—For each country or

organization which is a proposed recipient of

assistance under any foreign assistance program—

(A) the amount of each type of assistance

proposed;

(B) the justification for providing each

such type of assistance;

(C) the objectives that each such type of

assistance is intended to achieve;

(D) an explanation of the relationship of

each type of assistance proposed to other

types of assistance proposed for that recipient; and

(E) the President’s estimation of the date

by which the objectives of assistance for

such recipient under each foreign assistance

program will be achieved and assistance

under that program to that recipient terminated.

The information required by subparagraphs

(A) through (E) shall be provided on a recipient-by-recipient basis.

(3) INFORMATION REGARDING CENTRALLYFUNDED PROGRAMS.—For each centrally-funded program under a foreign assistance program—

(A) the amount proposed for such program;

(B) the justification for such program;

(C) the objectives each such program is intended to achieve;

(D) an explanation of the relationship of

such program to other types of assistance

proposed under that foreign assistance program and under other foreign assistance programs; and

(E) the President’s estimation of the date

by which the objectives of such program will

be achieved and such program terminated.

SEC. 3423. REQUIREMENT FOR CONGRESSIONAL

EXPLANATION OF PROPOSED

CHANGES TO THE PRESIDENT’S FOREIGN ASSISTANCE BUDGET.

Any committee of the Congress reporting

legislation authorizing the enactment of new

budget authority for, or providing new budget authority for, foreign assistance programs

shall include in the report accompanying

that legislation an explanation for any

change proposed by that committee—

(1) in the total amount of new budget authority authorized or provided (as the case

may be) for any foreign assistance program

as compared to the amount proposed by the

President; or

(2) in the amount of assistance for any specific recipient of assistance, or for any centrally-funded program, under any foreign assistance program as compared to the amount

proposed by the President.

SEC. 3424. DEFINITION OF FOREIGN ASSISTANCE

PROGRAMS.

As used in this chapter, the term ‘‘foreign

assistance program’’ includes—

(1) any program of assistance authorized

by the Foreign Assistance Act of 1961 (such

as the development assistance program, the

economic support fund program, and the

international military education and training program) or authorized by the African

Development Foundation Act, section 401 of

the Foreign Assistance Act of 1969 (relating

to the Inter-American Development Foundation), or any other foreign assistance legislation;

(2) any program of grant, credit, or guaranty assistance under the Arms Export Control Act;

(3) assistance under the Migration and Refugee Assistance Act of 1962;

(4) assistance under any title of the Agricultural Trade Development and Assistance

Act of 1954;

(5) contributions to the International Monetary Fund;

(6) contributions to the International Bank

for Reconstruction and Development, the

International Development Association, or

any other institution within the World Bank

group; and

(7) contributions to any regional multilateral development bank.

H.R. 1561

OFFERED BY: MR. FILNER

AMENDMENT NO. 31: Page 100, line 10, strike

‘‘$12,472,000’’ and insert ‘‘$21,825,000’’.

H.R. 1561

OFFERED BY: MR. GEJDENSON

AMENDMENT NO. 32: Page 196, after line 13,

insert the following section:

SEC. 2712. POLICY TOWARD IRAN.

(a) IRAN’S ACTS OF INTERNATIONAL TERRORISM.—The Congress makes the following

fundings with respect to Iran’s acts of international terrorism:

(1) As cited by the Department of State,

the Government of Iran was the greatest

supporter of state terrorism in 1992, supporting over 20 terrorist acts, including the

bombing of the Israeli Embassy in Buenos

Aires that killed 29 people.

(2) As cited by the Department of State,

the Government of Iran is a sponsor of radical religious groups that have used terrorism

as a tool. These include such groups as

Hezballah, HAMAS, the Turkish Islamic

Jihad, and the Popular Front for the Liberation of Palestine-General Command (PFLP–

GC).

(3) As cited by the Department of State,

the Government of Iran has resorted to

international terrorism as a means of obtaining political gain. These actions have included not only the assassination of former

Prime Minister Bakhitiar, but the death sentence imposed on Salman Rushdie, and the

assassination of the leader of the Kurdish

Democratic Party of Iran.

(4) As cited by the Department of State

and the Vice President’s Task Force on Combating Terrorism, the Government of Iran

has long been a proponent of terrorist actions against the United States, beginning

with the takeover of the United States Embassy in Tehran in 1979. Iranian support of

extremist groups has led to the following attacks upon the United States as well:

(A) The car bomb attack on the United

States Embassy in Beirut killing 49 in 1983

by the Hezballah.

(B) The car bomb attack on the United

States Marine Barracks in Beirut killing 241

in 1983 by the Hezballah.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5475

(C) The assassination of American University President in 1984 by the Hezballah.

(D) The kidnapping of all American hostages in Lebanon from 1984–86 by the

Hezballah.

(5) The Government of Iran provides several hundred million dollars annually in financial and logistical support to organizations that use terrorism and violence as a

tool to undermine the Middle East peace

process.

(6) The Government of Iran provides financial, political, and logistical support and safe

haven to groups that seek the violent overthrow of secular governments in the Middle

East and North Africa.

(b) IRAN’S PROGRAM TO ACQUIRE WEAPONS

OF MASS DESTRUCTION AND THE MEANS BY

WHICH TO DELIVER THEM.—The Congress

makes the following findings with respect to

Iran’s program to acquire weapons of mass

destruction and the means by which to deliver them—

(1) the Government of Iran has intensified

its efforts to develop weapons of mass destruction and the means by which to deliver

them;

(2) given Iran’s petroleum reserves, the desire of the Government of Iran to obtain gas

centrifuge equipment and light water nuclear power reactors clearly demonstrates

what had already been apparent, that Iran

seeks to develop its nuclear weapons capability; and

(3) Iran has been relentless in its attempt

to acquire the missiles needed to deliver nuclear and chemical weapons.

(c) IRAN’S VIOLATIONS OF HUMAN RIGHTS.—

The Congress makes the following findings

with respect to Iran’s violations of human

rights:

(1) As cited by the 1991 United Nations Special Representative on Human Rights, Amnesty International, and the United States

Department of State, the Government of

Iran has conducted assassinations outside of

Iran, such as that of former Prime Minister

Shahpour Bakhitiar for which the Government of France issued arrest warrants for

several Iranian governmental officials.

(2) As cited by the 1991 United Nations Special Representative on Human Rights and by

Amnesty International, the Government of

Iran has conducted revolutionary trials

which do not meet internationally recognized standards of fairness or justice. These

trials have included such violations as a lack

of procedural safeguards, trial times of 5

minutes or less, limited access to defense

counsel, forced confessions, and summary

executions.

(3) As cited by the 1991 United Nations Special Representative on Human Rights, the

Government of Iran systematically represses

its Baha’i population. Persecutions of this

small religious community include assassinations, arbitrary arrests, electoral prohibitions, and denial of applications for documents such as passports.

(4) As cited by the 1991 United Nations Special Representative on Human Rights, the

Government of Iran suppresses opposition to

its government. Political organizations such

as the Freedom Movement are banned from

parliamentary elections, have their telephones tapped and their mail opened, and are

systematically harassed and intimidated.

(5) As cited by the 1991 United Nations Special Representative on Human Rights and

Amnesty International, the Government of

Iran has failed to recognize the importance

of international human rights. This includes

suppression of Iranian human rights movements such as the Freedom Movement, lack

of cooperation with international human

rights organizations such as the International Red Cross, and an overall apathy

toward human rights in general. This lack of

concern prompted the Special Representative to state in his report that Iran had made

‘‘no appreciable progress towards improved

compliance with human rights in accordance

with the current international instruments’’.

(6) As cited by Amnesty International, the

Government of Iran continues to torture its

political prisoners. Torture methods include

burns, arbitrary blows, severe beatings, and

positions inducing pain.

(d) UNITED STATES POLICY AND RESPONSE.—

The Congress makes the following findings

with respect to United States policy and response to Iran:

(1) The actions by the Government of Iran

identified in subsections (a), (b), and (c)

threaten the national security and offend the

democratic values of the United States and

many other nations in the Middle East and

elsewhere.

(2) In response to this record of violent, destabilizing, and antidemocratic conduct, it

has been the policy of the United States to

seek to isolate the Government of Iran diplomatically and economically, thereby making the continuation of such conduct increasingly costly.

(3) The policies the United States has pursued in an effort to pressure the Government

of Iran diplomatically and economically

have included refusing to conduct normal

diplomatic relations with Iran; barring the

importation of Iranian oil and other products into the United States; prohibiting the

export or reexport to Iran of weapons or of

goods or technology with potential military

uses; voting against all loans to Iran by

international financial institutions; and,

most recently, imposing a total economic

embargo on Iran.

(4) To further increase the cost to the Government of Iran of its objectionable conduct

the United States has urged other countries

with economic ties to Iran to take equivalent steps to isolate Iran economically and

diplomatically.

(e) CONGRESSIONAL DECLARATIONS.—The

Congress makes the following declarations:

(1) The imposition of an economic embargo

on Iran by President Clinton was an important and necessary measure to increase economic and political pressure on Iran.

(2) The President should, as a matter of the

highest priority, intensify efforts to persuade Iran’s leading trade partners and

creditors to join with the United States in

ceasing all trade with Iran and ending any

rescheduling or other relaxation of debts

owed to them.

(3) The President should take whatever

steps are appropriate to dissuade those who

are aiding Iran’s efforts to develop nuclear

weapons and the means by which to deliver

them from continuing such assistance.

(4) The United States should convene a special summit of the world’s leading heads of

state to address the issue of international

terrorism and the means for improving the

efforts to combat international terrorism.

(5) The Secretary of State should promptly

take steps to strengthen each of the existing

multilateral nonproliferation regimes to

make them more effective in counteracting

rogue regimes such as Iran.

(6) The President should make the development of a multilateral economic embargo on

Iran a top priority on the agenda at the

meeting of the G–7 industrial partners scheduled for June 1995 in Halifax, Nova Scotia.

H.R. 1561

OFFERED BY: MR. GILMAN

AMENDMENT NO. 33: In Title XXXI, Chapter

6, add the following new section:

‘‘SEC. RETURN AND EXCHANGES OF DEFENSE

ARTICLES PREVIOUSLY TRANSFERRED PURSUANT TO THE ARMS

EXPORT CONTROL ACT.—

(a) For the purpose of improving procedures among the United States Armed

Forces for the repair of defense articles

under the Foreign Military Sales program,

section 21 of the Arms Export Control Act is

amended as follows:

(j)(1) AUTHORITY—The President may acquire a repairable defense article from a foreign country or international organization,

if such defense article:

(A) previously was transferred to such

country or organization under this Act;

(B) is not an end item; and

(C) will be exchanged for a defense article

of the same type that is in the stocks of the

Department of Defense

(2) LIMITATION—The President may exercise the authority provided in subsection (a)

only to the extent that the Department of

Defense:

(A)(i) has a requirement for the defense article being returned, and (ii) has available

sufficient funds authorized and appropriated

for such purpose, or

(B)(i) is accepting the return of the defense

article for subsequent transfer to another

foreign government or international organization pursuant to a Letter of Offer and Acceptance implemented in accordance with

this Act, and (ii) has available sufficient

funds provided by or on behalf of such other

foreign government or international organization pursuant to a Letter of Offer and Acceptance implemented in accordance with

this Act.

(3) REQUIREMENT—(A) The foreign government or international organization receiving

a new or repaired defense article in exchange

for a repairable defense article pursuant to

subsection (a) shall, open the acceptance by

the United States Government of the repairable defense article being returned, be

charged the total cost associated with the

repair and replacement transaction.

(B) The total cost charged pursuant to

paragraph (1) of this subsection shall be the

same as that charged the United States

Armed Forces for a similar repair and replacement transaction, plus an administrative surcharge in accordance with subsection

(e)(1)(A) of this section.

(4) RELATIONSHIP TO CERTAIN OTHER PROVISIONS OF LAW—The authority of the President to accept the return of a repairable defense article as provided in subsection (a) is

not subject to chapter 137 of title 10, United

States Code, or any other provision relating

to the conclusion of contracts.

(b) For the purpose of establishing a more

efficient process for the United States Armed

Forces to acquire defense articles previously

sold by the United States Government to a

foreign government or international organization under the Arms Export Control Act,

section 21 of that Act is amended as follows:

(k)(1) AUTHORITY—The President may accept the return of a defense article from a

foreign country or international organization, if such defense article:

(A) previously was transferred to such

country or organization under this Act; and

(B) is not significant military equipment

(as defined in section 47(9) of this Act; and

(C) is in fully functioning condition without need of repair or rehabilitation.

(2) LIMITATION—The President may exercise the authority provided in subsection (a)

only to the extent that the Department of

Defense:

(A)(i) has a requirement for the defense article being returned, and (ii) has available

sufficient funds authorized and appropriated

for such purpose, or

(B)(i) is accepting the return of the defense

article for subsequent transfer to another

foreign government or international organization pursuant to a Letter of Offer and Acceptance implemented in accordance with

this Act; and (ii) has available sufficient

funds provided by or on behalf of such other
H 5476 CONGRESSIONAL RECORD — HOUSE May 23, 1995

foreign government or international organization pursuant to a Letter of Offer and Acceptance implemented in accordance with

this Act.

(3) CONDITION—Upon acquisition and acceptance by the United States Government

of a defense article under subsection (a), the

appropriate Foreign Military Sales account

of the provider will be credited to reflect the

transaction.

(4) RELATIONSHIP TO CERTAIN OTHER PROVISIONS OF LAW—The authority of the President to accept the return of a defense article

as provided in subsection (a) is not subject to

chapter 137 of title 10, United States Code, or

any other provision relating to the conclusion of contracts.

(c) REGULATIONS—Under the direction of

the President, the Secretary of Defense shall

promulgate regulations to implement the

provisions of this section.’’

H.R. 1561

OFFERED BY: MR. GILMAN

AMENDMENT NO. 34. At the appropriate

place in the bill, insert the following new

section:

‘‘SEC. . REPEAL OF TERMINATION OF PROVISIONS OF THE NUCLEAR PROLIFERATION PREVENTION ACT OF

1994.

Part D of the Nuclear Nonproliferation Act

of 1994 (title VIII of the Foreign Relations

Administration Act, Fiscal Years 1994 and

1995; Public Law 103–236; 108 Stat. 507) is repealed.

H.R. 1561

OFFERED BY: MR. GILMAN

AMENDMENT NO. 35. On page 203, line 2, section 3108(b) (relating to audit of certain private firms) is amended by striking the words

‘‘for such fiscal year’’.

H.R. 1561

OFFERED BY: MR. GILMAN

AMENDMENT NO. 36. At the end of chapter 1

of title XXI (relating to Department of State

authorities and activities) insert the following new section:

SEC. 2211. REDESIGNATION OF NATIONAL FOREIGN AFFAIRS TRAINING CENTER.

The National Foreign Affairs Training

Center is hereby redesignated as the ‘‘National Center for Graduate Instruction in

Language, Management, and Advanced Negotiation.

H.R. 1561

OFFERED BY: MR. GILMAN

AMENDMENT NO. 37. In title XXV (relating

to international organizations and commissions) insert the following new section at the

end of chapter 1:

SEC. 2502. REPEAL OF AUTHORITY FOR PARTICIPATION BY THE UNITED STATES IN

THE INTERPARLIAMENTARY UNION.

The Act entitled ‘‘An Act to authorize participation by the United States in the

Interparliamentary Union’’, approved June

28, 1935 (22 U.S.C. 276–276a–4) is repealed.

H.R. 1561

OFFERED BY: MR. GILMAN

AMENDMENT NO. 38. Strike section 3412 of

the bill (relating to prohibition on assistance

to foreign governments engaged in espionage

against the United States).

H.R. 1561

OFFERED BY: MR. GILMAN

AMENDMENT NO. 39. At the end of chapter 2

of title XXV (relating to the United Nations

and affiliated agencies and organizations),

add the following new section:

SEC. 2525. LIMITATION ON PLACEMENT OF UNITED STATES ARMED FORCES UNDER

FOREIGN CONTROL FOR A UNITED

NATIONS PEACEKEEPING ACTIVITY.

(a) IN GENERAL.—Section 6 of the United

Nations Participation Act of 1945 (22 U.S.C.

287d) is amended to read as follows:

‘‘SEC. 6. (a) AGREEMENTS WITH SECURITY

COUNCIL.—(1) Any special agreement described in paragraph (2) that is concluded by

the President with the Security Council

shall not be effective unless approved by the

Congress by law.

‘‘(2) An agreement referred to in paragraph

(1) is an agreement providing for the numbers and types of United States Armed

Forces, their degree of readiness and general

locations, or the nature of facilities and assistance, including rights of passage, to be

made available to the Security Council for

the purpose of maintaining international

peace and security in accordance with Article 43 of the Charter of the United Nations.

‘‘(b) LIMITATION.—Except as provided in

subsections (c) and (d), the President may

not place any element of the Armed Forces

under United Nations command or control,

as defined in subsection (g).

‘‘(c) EXCEPTION FOR PRESIDENTIAL CERTIFICATION.—(1) Subsection (b) shall not apply in

the case of a proposed placement of an element of the Armed Forces under United Nations command or control if the President,

not less than 15 days before the date on

which such United Nations command or control is to become effective (or as provided in

paragraph (2)), meets the requirements of

subsection (e).

‘‘(2) If the President certifies to Congress

that an emergency exists that precludes the

President from meeting the requirements of

subsection (e) 15 days before placing an element of the Armed Forces under United Nations command or control, the President

may place such forces under such command

or control and meet the requirements of subsection (e) in a timely manner, but in no

event later than 48 hours after such command or control becomes effective.

‘‘(d) ADDITIONAL EXCEPTIONS.—

‘‘(1) EXCEPTION FOR AUTHORIZATION BY

LAW.—Subsection (b) shall not apply in the

case of a proposed placement of any element

of the Armed Forces under United Nations

command or control if the Congress specifically authorizes by law that particular

placement of United States forces under

United Nations command or control.

‘‘(2) EXCEPTION FOR NATO OPERATIONS.—

Subsection (b) shall not apply in the case of

a proposed placement of any element of the

Armed Forces in an operation conducted by

the North Atlantic Treaty Organization.

‘‘(e) PRESIDENTIAL CERTIFICATIONS.—The

requirements referred to in subsection (c)(1)

are that the President submit to Congress

the following:

‘‘(1) Certification by the President that—

‘‘(A) such a United Nations command or

control arrangement is necessary to protect

national security interests of the United

States;

‘‘(B) the commander of any unit of the

Armed Forces proposed for placement under

United Nations command or control will at

all times retain the right—

‘‘(i) to report independently to superior

United States military authorities; and

‘‘(ii) to decline to comply with orders

judged by the commander to be illegal, militarily imprudent, or beyond the mandate of

the mission to which the United States

agreed with the United Nations, until such

time as that commander receives direction

from superior United States military authorities with respect to the orders that the

commander has declined to comply with;

‘‘(C) any element of the Armed Forces proposed for placement under United Nations

command or control will at all times remain

under United States administrative command for such purposes as discipline and

evaluation; and

‘‘(D) the United States will retain the authority to withdraw any element of the

Armed Forces from the proposed operation

at any time and to take any action it considers necessary to protect those forces if they

are engaged.

‘‘(2) A report setting forth the following:

‘‘(A) A description of the national security

interests that require the placement of United States forces under United Nations command or control.

‘‘(B) The mission of the United States

forces involved.

‘‘(C) The expected size and composition of

the United States forces involved.

‘‘(D) The incremental cost to the United

States of participation in the United Nations

operation by the United States forces which

are proposed to be placed under United Nations command or control.

‘‘(E) The premise command and control relationship between the United States forces

involved and the United Nations command

structure.

‘‘(F) The precise command and control relationship between the United States forces

involved and the commander of the United

States unified command for the region in

which those United States forces are to operate.

‘‘(G) The extent to which the United States

forces involved will rely on non-United

States forces for security and self-defense

and an assessment on the ability of those

non-United States forces to provide adequate

security to the United States forces involved.

‘‘(H) The timetable for complete withdrawal of the United States forces involved.

‘‘(f) CLASSIFICATION OF REPORT.—A report

under subsection (e) shall be submitted in

unclassified form and, if necessary, in classified form.

‘‘(g) UNITED NATIONS COMMAND OR CONTROL.—For purposes of this section, an element of the Armed Forces shall be considered to be placed under United Nations command or control if—

‘‘(1) that element is under the command or

operational control of an individual acting

on behalf of the United Nations for the purpose of international peacekeeping, peacemaking, peace-enforcing, or similar activity

that is authorized by the Security Council

under chapter VI or VII of the Charter of the

United Nations; and

‘‘(2) the senior military commander of the

United Nations force or operation—

‘‘(A) is a foreign national or is a citizen of

the United States who is not a United States

military officer serving on active duty; or

‘‘(B) is a United States military officer

serving on active duty but—

‘‘(i) that element of the Armed Forces is

under the command or operational control of

a subordinate commander who is a foreign

national or a citizen of the United States

who is not a United States military officer

serving on active duty; and

‘‘(ii) that senior military commander does

not have the authority—

‘‘(I) to dismiss any subordinate officer in

the chain of command who is exercising

command or operational control over United

States forces and who is a foreign national

or a citizen of the United States who is not

a United States military officer serving on

active duty;

‘‘(II) to establish rules of engagement for

United States forces involved; and

‘‘(III) to establish criteria governing the

operational employment of United States

forces involved.

‘‘(h) INTERPRETATION.—Except as authorized in section 7 of this act, nothing contained in this Act shall be construed as an

authorization to the President by the Congress to make available to the Secretary

Council United States Armed Forces, facilities, or assistance.’’.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5477

‘‘(b) REPORT RELATING TO CONSTITUTIONALITY.—No certification may be submitted by

the President under section 6(e)(1) of the

United Nations Participation Act of 1945, as

amended by subsection (a), until the President has submitted to the Congress (after

the date of the enactment of this Act) a

memorandum of legal points and authorities

explaining why the placement of elements of

United States Armed Forces under the command or operational control of a foreign national acting on behalf of the United Nations

does not violate the Constitution.

‘‘(e) EXCEPTION FOR ONGOING OPERATION IN

MACEDONIA AND CROATIA.—Section 6 of the

United Nations Participation Act of 1945, as

amended by subsection (a), does not apply in

the case of activities of the Armed Forces as

part of the United Nations force designated

as the United Nations Protection Force

(UNPROFOR) that are carried out—

‘‘(1) in Macedonia pursuant to United Nations Security Council Resolution 795, adopted December 11, 1992, and subsequent reauthorization Resolutions; or

‘‘(2) in Croatia pursuant to United National Security Council Resolution 743,

adopted February 21, 1992, and subsequent reauthorization Resolutions.

H.R. 1561

OFFERED BY: MR. GILMAN

AMENDMENT NO. 40: In section 3286 of the

bill (in section 668 of the Foreign Assistance

Act of 1961, as proposed to be added by such

section 3286)—

(1) in subsection (a)(1) of such section 668,

strike ‘‘3 years’’ and insert ‘‘2 years’’; and

(2) in subsection (b)(1) of such section 668,

strike ‘‘3 years’’ and insert ‘‘2 years’’.

H.R. 1561

OFFERED BY: MR. HASTINGS OF FLORIDA

AMENDMENT NO. 41: On page 264, line 14,

strike ‘‘$629,214,000’’ and insert in lieu thereof ‘‘$802,000,000’’.

H.R. 1561

OFFERED BY: MR. HASTINGS OF FLORIDA

AMENDMENT NO. 42: At the end of the bill

add the following new title:

TITLE XXXVI—ADDITIONAL PROVISIONS

SEC. 3601. ADDITIONAL AUTHORIZATION FOR

THE DEVELOPMENT FUND FOR AFRICA.

Notwithstanding section 3221(a)(2) of this

Act, $802,000,000 is authorized to be appropriated for each of the fiscal years 1996 and

1997 to carry out chapter 10 of part I of the

Foreign Assistance Act of 1961 (22 U.S.C. 2293

et seq.).

H.R. 1561

OFFERED BY: MR. HOKE

AMENDMENT NO. 43: At the end of chapter 2

of title XXXIV of division C (relating to special authorities and other provisions), add

the following new section:

SEC. 3420. PROHIBITION ON FOREIGN ASSISTANCE TO FOREIGN GOVERNMENTS

NOT IMPLEMENTING EXTRADITION

TREATIES.

(a) PROHIBITION.—Except as provided in

subsection (b), the President may not provide foreign assistance to the government of

a country that is not effectively implementing a treaty entered into by such country

with the United States relating to the extradition of individuals who have been charged

with or who have committed felony offenses.

(b) EXCEPTION.—The President may provide

foreign assistance to the government of a

country that would otherwise be prohibited

from receiving such assistance under subsection (a) if the President—

(1) determines that the provision of such

assistance is in the national security interest of the United States; and

(2) notifies the Committee on International Relations of the House of Representatives and the Committee on Foreign

Relations of the Senate of such determination.

(c) DEFINITIONS.—As used in this section:

(1) FELONY OFFENSE.—The term ‘‘felony offense’’ means an offense punishable by death

or imprisonment for a term exceeding one

year.

(2) FOREIGN ASSISTANCE.—The term ‘‘foreign assistance’’ means any funds made

available to carry out any program, project,

or activity funded under major functional

budget category 150 (relating to international affairs), except such term does not

include funds used to provide humanitarian

assistance.

(d) EFFECTIVE DATE.—The prohibition contained in subsection (a) applies with respect

to the provision of foreign assistance on or

after the date of the enactment of this Act.

H.R. 1561

OFFERED BY: MR. HOKE

AMENDMENT NO. 44: Page 289, add the following after line 26 and redesignate the succeeding chapter accordingly:

CHAPTER 8—OVERSEAS PRIVATE

INVESTMENT CORPORATION

SEC. 3275. REDUCTION IN SUBSIDY COST OF OPIC

PROGRAMS.

Section 235(a)(2) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2195(a)(2)) is amended

by adding at the end the following:

‘‘(C) The subsidy cost of the investment

guaranties and direct loan programs under

subsections (b) and (c) of section 234 may not

exceed $45,000,000 for fiscal year 1996, and no

subsidy cost of such programs may be incurred after September 30, 1996.’’.

SEC. 3276. FEASIBILITY STUDY ON PRIVATIZATION.

The Overseas Private Investment Corporation shall conduct and, not later than 180

days after the date of the enactment of this

Act, report to the Congress on the feasibility

of privatizing the noncredit activities of the

Corporation.

SEC. 3277. PRIVATIZATION OF NONCREDIT ACTIVITIES.

The Overseas Private Investment Corporation shall take the necessary steps so that,

by not later than 1 year after the report on

the feasibility study is made under section

3276, all the evidences of ownership of the

Corporation with respect to the noncredit

activities of the Corporation, have been sold

in the private market, whether through the

sale of the Corporation’s stock, contracts,

leases, or other agreements or rights, or otherwise.

SEC. 3278. REPEAL.

Effective on the date that is 1 year after

the report on the feasibility study is made

under section 3276, title IV of chapter 2 of

part I of the Foreign Assistance Act of 1961

is repealed, and any reference in any other

law to the Overseas Private Investment Corporation shall cease to be effective.

SEC. 3279. ADMINISTRATION OF EXISTING CONTRACTS.

The Export-Import Bank of the United

States shall, beginning October 1, 1996, exercise the functions of the Overseas Private Investment Corporation immediately before

that date, only for purposes of administering

guaranties and loans issued by the Overseas

Private Investment Corporation before that

date which are effective on such date, and for

purposes of determining any claim pending

on such date or brought after such date with

respect to any guaranty or loan issued by the

Corporation.

SEC. 3280. DEFINITION.

As used in this chapter, the term

‘‘noncredit activities’’ has the meaning given

that term in section 238(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2198(e)).

H.R. 1561

OFFERED BY: MR. HOYER

AMENDMENT NO. 45: In title XXVI (relating

to foreign policy provisions) insert the following at the end of chapter 1:

SEC. 2604. BOSNIA AND HERZEGOVINA SELF-DEFENSE ACT.

(a) SHORT TITLE.—This section may be

cited as the ‘‘Bosnia and Herzegovina SelfDefense Act’’.

(b) FINDINGS.—The Congress makes the following findings:

(1) The Serbian aggression against Bosnia

and Herzegovina continues into its third

year, the violence has escalated and become

widespread, and ethnic cleansing by Serbs

has been renewed.

(2) It has been almost one year since the

Bosnian Government unconditionally, and

on time, accepted the ‘‘Contact Group’’ plan,

which the Serb forces have rejected.

(3) The United Nations has failed to protect its declared safe havens from continuing

and relentless Serbian aggression, and has

failed to order North Atlantic Treaty Organization (NATO) air strikes against Serb

forces in retaliation for their attacks on Sarajevo, despite calls from its own field commander to do so.

(4) The United Nations Security Council

has not considered a resolution providing for

the multilateral termination of the arms

embargo against Bosnia and Herzegovina,

which would be the preferred course of action to allow that country to defend itself.

(5) The United Nations Security Council

has not taken measures necessary to maintain international peace and security in

Bosnia and Herzegovina since the aggression

against that country began in April 1992.

(6) For the reasons stated in section 520 of

the Foreign Relations Authorization Act,

Fiscal Years 1994 and 1995 (Public Law 103–

236), the Congress has found that continued

application of an international arms embargo to the Government of Bosnia and

Herzegovina contravenes that Government’s

inherent right of individual or collective

self-defense under Article 51 of the United

Nations Charter, and therefore is inconsistent with international law.

(c) STATEMENT OF PURPOSE.—The Congress

supports the efforts of the Government of

the Republic of Bosnia and Herzegovina—

(1) to defend its people and the territory of

the Republic;

(2) to preserve the sovereignty, independence, and territorial integrity of the Republic; and

(3) to bring about a peaceful, just, fair, viable, and sustainable settlement of the conflict in Bosnia and Herzegovina.

(d) TERMINATION OF ARMS EMBARGO.—

(1) TERMINATION.—The President shall terminate the United States arms embargo of

the Government of Bosnia and Herzegovina

upon receipt from that Government of a request for assistance in exercising its right of

self-defense under Article 51 of the United

States Charter.

(2) DEFINITION.—As used in this section, the

term ‘‘United States arms embargo of the

Government of Bosnia and Herzegovina’’

means the application to the Government of

Bosnia and Herzegovina of—

(A) the policy adopted July 10, 1991, and

published in the Federal Register of July 19,

1991 (58 F.R. 33322) under the heading ‘‘Suspension of Munitions Export Licensees to

Yugoslavia’’; and

(B) any similar policy applied by the United States Government as of the date of receipt of the request described in paragraph

(1) pursuant to which approval is denied for

transfers of defense articles and defense services to the former Yugoslavia.
H 5478 CONGRESSIONAL RECORD — HOUSE May 23, 1995

(3) RULE OF CONSTRUCTION.—Nothing in this

section shall be interpreted as authorization

for deployment of United States forces in the

territory of Bosnia and Herzegovina for any

purpose, including training, support, or delivery of military equipment.

H.R. 1561

OFFERED BY: MR. HYDE

AMENDMENT NO. 46: Strike section 2707 (relating to recommendations of the President

for reform of war powers resolution) and insert the following new section:

SEC. 2707. REPEAL OF WAR POWERS RESOLUTION.

(a) REPEAL.—

(1) IN GENERAL.—The War Powers Resolution (Public Law 93–148; 50 U.S.C. 1541 et seq.)

is repealed.

(2) CONFORMING REPEAL.—Section 1013 of

the Department of State Authorization Act,

Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) is

repealed.

(b) CONSULTATION WITH CONGRESS.—

(1) PRIOR CONSULTATION.—The President

shall in every possible instance consult with

Congress before introducing United States

Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances.

(2) CONSULTATION AFTER INTRODUCTION OF

ARMED FORCES.—The President shall, after

every such introduction, consult regularly

with Congress until United States Armed

Forces are no longer engaged in hostilities or

have been removed from such situations.

(c) REPORTING TO CONGRESS.—

(1) INITIAL REPORT.—The President shall, in

the absence of a declaration of war, submit a

report to Congress in any case in which United States Armed Forces are introduced—

(A) into hostilities or into a situation

where imminent involvement in hostilities is

clearly indicated by the circumstances;

(B) into the territory, airspace, or waters

of a foreign nation, while equipped for combat, except for a deployment which relates

solely to supply, replacement, repair, or

training of such forces; or

(C) in numbers which substantially enlarge

United States Armed Forces equipped for

combat already located in a foreign nation.

(2) TIME AND CONTENT OF REPORT.—A report

under paragraph (1) shall be submitted within 48 hours of the introduction of United

States Armed Forces described in that paragraph. Each such report shall be in writing

and shall set forth—

(A) the circumstances necessitating the introduction of United States Armed Forces;

(B) the constitutional and legislative authority under which such introduction took

place; and

(C) the estimated scope and duration of the

hostilities or involvement.

(3) ADDITIONAL INFORMATION.—The President shall provide such other information as

Congress may request in the fulfillment of

its constitutional responsibilities with respect to committing the Nation to war and

to the use of United States Armed Forces

abroad.

(4) PERIODIC REPORTS.—Whenever United

States Armed Forces are introduced into

hostilities or into any situation described in

paragraph (1), the President shall, so long as

such Armed Forces continue to be engaged in

such hostilities or situation, report to Congress periodically (and not less often than

once every six months) on the status of such

hostilities or situation as well as on the

scope and duration of such hostilities or situation.

H.R. 1561

OFFERED BY: MR. HYDE

AMENDMENT NO. 47: Strike section 2707 (relating to recommendations of the President

for reform of war powers resolution) and insert the following new section:

SEC. 2707. REPEAL OF WAR POWERS RESOLUTION.

(a) REPEAL.—

(1) IN GENERAL.—THE WAR POWERS RESOLUTION (PUBLIC LAW 93–148; 50 U.S.C. 1541 ET SEQ.)

IS REPEALED.

(2) CONFORMING REPEAL.—Section 1013 of

the Department of State Authorization Act,

Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) is

repealed.

(b) CONSULTATION WITH CONGRESS.—

(1) PRIOR CONSULTATION.—The President

shall in every possible instance consult with

Congress before introducing United States

Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances.

(2) CONSULTATION AFTER INTRODUCTION OF

ARMED FORCES.—The President shall, after

every such introduction, consult regularly

with Congress until United States Armed

Forces are no longer engaged in hostilities or

have been removed from such situations.

(c) REPORTING TO CONGRESS.—

(1) INITIAL REPORT.—

(A) IN GENERAL.—Subject to subparagraph

(B), the President shall, in the absence of a

declaration of war, submit a report to Congress in any case in which United States

Armed Forces are introduced—

(i) into hostilities or into a situation where

imminent involvement in hostilities is clearly indicated by the circumstances;

(ii) into the territory, airspace, or waters

of a foreign nation, while equipped for combat, except for a deployment which relates

solely to supply, replacement, repair, or

training of such forces; or

(iii) in numbers which substantially enlarge United States Armed Forces equipped

for combat already located in a foreign nation.

(B) EXCEPTION.—The requirement that the

President submit a report to Congress in accordance with subparagraph (A) shall not

apply if the President determines that to

submit such a report would jeopardize the

operational success of United States Armed

Forces in a situation described in clause (i),

(ii), or (iii) of such subparagraph.

(2) TIME AND CONTENT OF REPORT.—A report

under paragraph (1) shall be submitted within 48 hours of the introduction of United

States Armed Forces described in that paragraph. Each such report shall be in writing

and shall set forth—

(A) the circumstances necessitating the introduction of United States Armed Forces;

(B) the constitutional and legislative authority under which such introduction took

place; and

(C) the estimated scope and duration of the

hostilities or involvement.

(3) ADDITIONAL INFORMATION.—The President shall provide such other information as

Congress may request in the fulfillment of

its constitutional responsibilities with respect to committing the Nation to war and

to the use of United States Armed Forces

abroad.

(4) PERIODIC REPORTS.—Whenever United

States Armed Forces are introduced into

hostilities or into any situation described in

paragraph (1), the President shall, consistent

with the constitutional responsibilities of

the President and so long as such Armed

Forces continue to be engaged in such hostilities or situation, report to Congress periodically on the status of such hostilities or

situation as well as on the scope and duration of such hostilities or situation.

H.R. 1561

OFFERED BY: MR. KANJORSKI

AMENDMENT NO. 48: In section 2106(10) of

Title XXI (relating to authorization of appropriations to the National Endowment for

Democracy), strike lines 10–13.

H.R. 1561

OFFERED BY: MR. KING

AMENDMENT NO. 49: Page 196, after line 13,

insert the following section:

SEC. 2712. POLICY TOWARD IRAN.

(a) IRAN’S ACTS OF INTERNATIONAL TERRORISM.—The Congress makes the following findings with respect to Iran’s acts of international terrorism:

(1) As cited by the Department of State,

the Government of Iran was the greatest

supporter of state terrorism in 1992, supporting over 20 terrorist acts, including the

bombing of the Israeli Embassy in Buenos

Aires that killed 29 people.

(2) As cited by the Department of State,

the Government of Iran is a sponsor of radical religious groups that have used terrorism

as a tool. These include such groups as

Hezballah, HAMAS, the Turkish Islamic

Jihad, and the Popular Front for the Liberation of Palestine-General Command (PFLP–

GC).

(3) As cited by the Department of State,

the Government of Iran has resorted to

international terrorism as a means of obtaining political gain. These actions have included not only the assassination of former

Prime Minister Bakhitiar, but the death sentence imposed on Salman Rushdie, and the

assassination of the leader of the Kurdish

Democratic Party of Iran.

(4) As cited by the Department of State

and the Vice President’s Task Force on Combating Terrorism, the Government of Iran

has long been a proponent of terrorist actions against the United States, beginning

with the takeover of the United States Embassy in Tehran in 1979. Iranian support of

extremist groups has led to the following attacks upon the United States as well:

(A) The car bomb attack on the United

States Embassy in Beirut killing 49 in 1983

by the Hezballah.

(B) The car bomb attack on the United

States Marine Barracks in Beirut killing 241

in 1983 by the Hezballah.

(C) The assassination of American University President in 1984 by the Hezballah.

(D) The kidnapping of all American hostages in Lebanon from 1984–86 by the

Hezballah.

(5) The Government of Iran provides several hundred million dollars annually in financial and logistical support to organizations that use terrorism and violence as a

tool to undermine the Middle East peace

process.

(6) The Government of Iran provides financial, political, and logistical support and safe

haven to groups that seek the violent overthrow of secular governments in the Middle

East and North Africa.

(b) IRAN’S PROGRAM TO ACQUIRE WEAPONS

OF MASS DESTRUCTION AND THE MEANS BY

WHICH TO DELIVER THEM.—The Congress

makes the following findings with respect to

Iran’s program to acquire weapons of mass

destruction and the means by which to deliver them—

(1) the Government of Iran has intensified

its efforts to develop weapons of mass destruction and the means by which to deliver

them;

(2) given Iran’s petroleum reserves, the desire of the Government of Iran to obtain gas

centrifuge equipment and light water nuclear power reactors clearly demonstrates

what had already been apparent, that Iran

seeks to develop its nuclear weapons capability; and
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5479

(3) Iran has been relentless in its attempt

to acquire the missiles needed to deliver nuclear and chemical weapons.

(c) IRAN’S VIOLATIONS OF HUMAN RIGHTS.—

The Congress makes the following findings

with respect to Iran’s violations of human

rights:

(1) As cited by the 1991 United Nations Special Representative on Human Rights, Amnesty International, and the United States

Department of State, the Government of

Iran has conducted assassinations outside of

Iran, such as that of former Prime Minister

Shahpour Bakhitiar for which the Government of France issued arrest warrants for

several Iranian governmental officials.

(2) As cited by the 1991 United Nations Special Representative on Human Rights and by

Amnesty International, the Government of

Iran has conducted revolutionary trials

which do not meet internationally recognized standards of fairness or justice. These

trials have included such violations as a lack

of procedural safeguards, trial times of 5

minutes or less, limited access to defense

counsel, forced confessions, and summary

executions.

(3) As cited by the 1991 United Nations Special Representative on Human Rights, the

Government of Iran systematically represses

its Baha’i population. Persecutions of this

small religious community include assassinations, arbitrary arrests, electoral prohibitions, and denial of applications for documents such as passports.

(4) As cited by the 1991 United Nations Special Representative on Human Rights, the

Government of Iran suppresses opposition to

its government. Political organizations such

as the Freedom Movement are banned from

parliamentary elections, have their telephones tapped and their mail opened, and are

systematically harassed and intimidated.

(5) As cited by the 1991 United Nations Special Representative on Human Rights and

Amnesty International, the Government of

Iran has failed to recognize the importance

of international human rights. This includes

suppression of Iranian human rights movements such as the Freedom Movement, lack

of cooperation with international human

rights organizations such as the International Red Cross, and an overall apathy

toward human rights in general. This lack of

concern prompted the Special Representative to state in his report that Iran had made

‘‘no appreciable progress towards improved

compliance with human rights in accordance

with the current international instruments’’.

(6) As cited by Amnesty International, the

Government of Iran continues to torture its

political prisoners. Torture methods include

burns, arbitrary blows, severe beatings, and

positions inducing pain.

(d) UNITED STATES POLICY AND RESPONSE.—

The Congress makes the following findings

with respect to United States policy and response to Iran:

(1) The actions by the Government of Iran

identified in subsections (a), (b), and (c)

threaten the national security and offend the

democratic values of the United States and

many other nations in the Middle East and

elsewhere.

(2) In response to this record of violent, destabilizing, and antidemocratic conduct, it

has been the policy of the United States to

seek to isolate the Government of Iran diplomatically and economically, thereby making the continuation of such conduct increasingly costly.

(3) The policies the United States has pursued in an effort to pressure the Government

of Iran diplomatically and economically

have included refusing to conduct normal

diplomatic relations with Iran; barring the

importation of Iranian oil and other products into the United States; prohibiting the

export or reexport to Iran of weapons or of

goods or technology with potential military

uses; voting against all loans to Iran by

international financial institutions; and,

most recently, imposing a total economic

embargo on Iran.

(4) To further increase the cost to the Government of Iran of its objectionable conduct

the United States has urged other countries

with economic ties to Iran to take equivalent steps to isolate Iran economically and

diplomatically.

(e) CONGRESSIONAL DECLARATIONS.—The

Congress makes the following declarations:

(1) The imposition of an economic embargo

on Iran by President Clinton was an important and necessary measure to increase economic and political pressure on Iran.

(2) The President should, as a matter of the

highest priority, intensify efforts to persuade Iran’s leading trade partners and

creditors to join with the United States in

ceasing all trade with Iran and ending any

rescheduling or other relaxation of debts

owed to them.

(3) The President should take whatever

steps are appropriate to dissuade those who

are aiding Iran’s efforts to develop nuclear

weapons and the means by which to deliver

them from continuing such assistance.

(4) The United States should convene a special summit of the world’s leading heads of

state to address the issue of international

terrorism and the means for improving the

efforts to combat international terrorism.

(5) The Secretary of State should promptly

take steps to strengthen each of the existing

multilateral nonproliferation regimes to

make them more effective in counteracting

rogue regimes such as Iran.

(6) The President should make the development of a multilateral economic embargo on

Iran a top priority on the agenda at the

meeting of the G–7 industrial partners scheduled for June 1995 in Halifax, Nova Scotia.

H.R. 1561

OFFERED BY: MR. KING

AMENDMENT NO. 50: At the end of the bill,

add the following:

DIVISION D—ADDITIONAL PROVISIONS

TITLE XLI—IRAN FOREIGN SANCTIONS

ACT OF 1995

SEC. 4001. SHORT TITLE.

This title may be cited as the ‘‘Iran Foreign Sanctions Act of 1995’’.

SEC. 4002. IMPOSITION OF SANCTIONS ON PERSONS ENGAGING IN TRADE WITH

IRAN.

(a) DETERMINATION BY THE PRESIDENT.—

(1) IN GENERAL.—The President shall impose the sanctions described in subsection (b)

if the President determines in writing that,

on or after the date of enactment of this Act,

a foreign person has, with requisite knowledge, engaged in trade with Iran in any

goods or technology (as defined in section 16

of the Export Administration Act of 1979).

(2) PERSONS AGAINST WHICH THE SANCTIONS

ARE TO BE IMPOSED.—The sanctions shall be

imposed pursuant to paragraph (1) on—

(A) the foreign person with respect to

which the President makes the determination described in that paragraph;

(B) any successor entity to that foreign

person;

(C) any foreign person that is a parent or

subsidiary of that person if that parent or

subsidiary with requisite knowledge engaged

in the activities which were the basis of that

determination; and

(D) any foreign person that is an affiliate

of that person if that affiliate with requisite

knowledge engaged in the activities which

were the basis of that determination and if

that affiliate is controlled in fact by that

person.

(b) SANCTIONS.—

(1) DESCRIPTION OF SANCTIONS.—The sanctions to be imposed pursuant to subsection

(a)(1) are, except as provided in paragraph (2)

of this subsection, as follows:

(A) PROCUREMENT SANCTION.—The United

States Government shall not procure, or

enter into any contract for the procurement

of, any goods or services from any person described in subsection (a)(2).

(B) EXPORT SANCTION.—The United States

Government shall not issue any license for

any export by or to any person described in

subsection (a)(2).

(C) IMPORT SANCTION.—The importation

into the United States of any good or service

from, or produced (in whole or in part) by,

any person described in subsection (a)(2) is

prohibited.

(2) EXCEPTIONS.—The President shall not

be required to apply or maintain the sanctions under this section—

(A) in the case of procurement of defense

articles or defense services—

(i) under existing contracts or subcontracts, including the exercise of options

for production quantities to satisfy requirements essential to the national security of

the United States;

(ii) if the President determines in writing

that the person or other entity to which the

sanction would otherwise be applied is a sole

source supplier of the defense articles or

services, that the defense articles or services

are essential, and that alternative sources

are not readily or reasonably available; or

(iii) if the President determines in writing

that such articles or services are essential to

the national security under defense

coproduction agreements;

(B) to products or services provided under

contracts entered into before the date on

which the President publishes his intention

to impose the sanction;

(C) to—

(i) spare parts which are essential to United States products or production;

(ii) component parts, but not finished products, essential to United States products or

production; or

(iii) routine servicing and maintenance of

products, to the extent that alternative

sources are not readily or reasonably available;

(D) to information and technology essential to United States products or production;

or

(E) to medical or other humanitarian

items.

(c) SUPERSEDES EXISTING LAW.—The provisions of this section supersede the provisions

of section 1604 of the Iran-Iraq Arms NonProliferation Act of 1992 (as contained in

Public Law 102–484) as such section applies to

Iran.

SEC. 4003. WAIVER AUTHORITY.

The provisions of section 4002 shall not

apply if the President determines and certifies to the appropriate congressional committees that Iran—

(1) has substantially improved its adherence to internationally recognized standards

of human rights;

(2) has ceased its efforts to acquire a nuclear explosive device; and

(3) has ceased support for acts of international terrorism.

SEC. 4004. REPORT REQUIRED.

Beginning 60 days after the date of enactment of this Act, and every 90 days thereafter, the President shall transmit to the appropriate congressional committees a report

describing—

(1) the nuclear and other military capabilities of Iran; and

(2) the support, if any, provided by Iran for

acts of international terrorism.
H 5480 CONGRESSIONAL RECORD — HOUSE May 23, 1995

SEC. 4005. DEFINITIONS.

As used in this title:

(1) ACT OF INTERNATIONAL TERRORISM.—The

term ‘‘act of international terrorism’’ means

an act—

(A) which is violent or dangerous to human

life and that is a violation of the criminal

laws of the United States or of any State or

that would be a criminal violation if committed within the jurisdiction of the United

States or any State; and

(B) which appears to be intended—

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government

by intimidation or coercion; or

(iii) to affect the conduct of a government

by assassination or kidnapping.

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional

committees’’ means the Committees on

Banking, Housing and Urban Affairs and

Foreign Relations of the Senate and the

Committees on Banking and Financial Services and International Relations of the

House of Representatives.

(3) FOREIGN PERSON.—The term ‘‘foreign

person’’ means—

(A) an individual who is not a United

States national or an alien admitted for permanent residence to the United States; or

(B) a corporation, partnership, or other

nongovernment entity which is not a United

States national.

(4) IRAN.—The term ‘‘Iran’’ includes any

agency or instrumentality of Iran.

(5) NUCLEAR EXPLOSIVE DEVICE.—The term

‘‘nuclear explosive device’’ means any device, whether assembled or disassembled,

that is designed to produce an instantaneous

release of an amount of nuclear energy from

special nuclear material that is greater than

the amount of energy that would be released

from the detonation of one pound of trinitrotoluene (TNT).

(6) REQUISITE KNOWLEDGE.—The term ‘‘requisite knowledge’’ means situations in which

a person ‘‘knows’’, as ‘‘knowing’’ is defined

in section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–2).

(7) STATE.—The term ‘‘State’’ means each

of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the

Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United

States Virgin Islands, and any other territory or possession of the United States.

(8) UNITED STATES.—The term ‘‘United

States’’ means the several States, the District of Columbia, the Commonwealth of

Puerto Rico, the Commonwealth of the

Northern Mariana Islands, American Samoa,

Guam, the United States Virgin Islands, and

any other territory or possession of the United States.

(9) UNITED STATES NATIONAL.—The term

‘‘United States national’’ means—

(A) a natural person who is a citizen of the

United States or who owes permanent allegiance to the United States;

(B) a corporation or other legal entity

which is organized under the laws of the

United States, any State or territory thereof, or the District of Columbia, if natural

persons who are nationals of the United

States own, directly or indirectly, more than

50 percent of the outstanding capital stock

or other beneficial interest in such legal entity; and

(C) any foreign subsidiary of a corporation

or other legal entity described in subparagraph (B).

H.R. 1561

OFFERED BY: MR. KLUG

AMENDMENT NO. 51: In section 2106 strike

paragraph (5) (relating to authorizations of

appropriations for radio construction).

H.R. 1561

OFFERED BY: MR. KLUG

AMENDMENT NO. 52: In section 2106(4)(A)

(relating to authorizations of appropriations

for international broadcasting activities)

strike ‘‘$321,191,000 for the fiscal year 1996,

and $286,191,000 for the fiscal year 1997’’ and

insert ‘‘$159,095,500 for the fiscal year 1996,

and $3,000,000 for the fiscal year 1997’’.

H.R. 1561

OFFERED BY: MR. LIPINSKI

AMENDMENT NO. 53: At the end of title

XXVII (relating to congressional statements)

insert the following new section:

SEC. 2712. FOURTH WORLD CONFERENCE ON

WOMEN IN BEIJING.

It is the sense of the Congress that—

(1) the Fourth World Conference on Women

in Beijing, China, should promote an authentic women’s perspective on issues of equality, peace, and development; and

(2) if the United States sends a delegation

to the Conference, the delegation should—

(A) in accordance with the United Nations

Universal Declaration of Human Rights, ensure that ‘‘motherhood [is] entitled to special care and assistance.’’;

(B) in accordance with the Universal Declaration of Human Rights, uphold the family

as ‘‘the natural and fundamental group unit

of society’’ and therefore ‘‘entitled to protection by society and the state’’;

(C) oppose female feticide;

(D) define gender as the existence of

woman and man as the two sexes and acknowledge that the roles of women and men

in society are not necessarily linked with

their sex; and

(E) in accordance with the United Nations

Declaration of Human Rights uphold ‘‘the

right to freedom of conscience’’, particularly

with regard to the provision of health services.

H.R. 1561

OFFERED BY: MR. LIVINGSTON

AMENDMENT NO. 54: On page 265, line 22,

strike ‘‘shall’’ and insert ‘‘should’’;

On page 266, line 6, strike ‘‘shall’’ and insert ‘‘should’’;

On page 267, line 19, strike ‘‘shall’’ and insert ‘‘should’’; and

On page 268, line 2, strike ‘‘shall’’ and insert ‘‘should’’.

H.R. 1561

OFFERED BY: MR. MANZULLO

AMENDMENT NO. 55: Strike section 2106(3)

(relating to authorizations of appropriations

for United States educational and cultural

exchange programs) and insert the following:

(3) EDUCATIONAL AND CULTURAL EXCHANGE

PROGRAMS.—

(A) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS.—For the ‘‘Fulbright Academic Exchange Programs’’, $117,484,200 for the fiscal

year 1996 and $ 113,680,800 for the fiscal year

1997.

(B) SOUTH PACIFIC EXCHANGES.—For the

‘‘South Pacific Exchanges’’, $450,000 for the

fiscal year 1996 and $450,000 for the fiscal

year 1997.

(C) EAST TIMORESE SCHOLARSHIPS.—For the

‘‘East Timorese Scholarships’’, $400,000 for

the fiscal year 1996 and $400,000 for the fiscal

year 1997.

(D) CAMBODIAN SCHOLARSHIPS.—For the

‘‘Cambodian Scholarships’’, $70,500 for the

fiscal year 1996 and $70,500 for the fiscal year

1997.

(E) TIBETAN EXCHANGES.—For the ‘‘Educational and Cultural Exchanges with Tibet’’

under section 236 of the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995

(Public Law 103–236), $250,000 for the fiscal

year 1996 and $250,000 for the fiscal year 1997.

(F) OTHER PROGRAMS.—For ‘‘Hubert H.

Humphrey Fellowship Program’’, ‘‘Edmund

S. Muskie Fellowship Program’’, ‘‘International Visitors Program’’, ‘‘Mike Mansfield Fellowship Program’’, ‘‘Claude and Mildred Pepper Scholarship Program of the

Washington Workshops Foundation’’, ‘‘Citizen Exchange Programs’’, ‘‘Congress-Bundestag Exchange Program’’, ‘‘Newly Independent States and Eastern Europe Training’’,

‘‘Institute for Representative Government’’,

and ‘‘Arts America’’, $43,670,700 for the fiscal

year 1996 and $43,670,700 for the fiscal year

1997.

H.R. 1561

OFFERED BY: MR. MICA

AMENDMENT NO. 56: At the end of chapter 3

of title XXXII (relating development assistance), add the following new subchapter:

Subchapter C—Personnel of Agency for

International Development

SEC. 3236. LIMITATION ON NUMBER OF PERSONNEL.

On and after September 30, 1996, the number of individuals authorized to be employed

by the Agency for International Development (excluding temporary and intermittent

employees), as determined on a full time

equivalent basis, and the number of individuals serving with such Agency under a personal service contract, shall not exceed 6,302.

H.R. 1561

OFFERED BY: MR. OBEY

AMENDMENT NO. 57: In section 2104(a)(1)(A)

(relating to authorizations of appropriations

for migration and refugee assistance) strike

‘‘$560,000,000’’ and insert ‘‘$590,000,000’’.

In section 2104 strike subsection (a)(4), subsection (b), and subsection (d).

In section 2104 redesignate subsection (c)

as subsection (b).

H.R. 1561

OFFERED BY: MR. REED

AMENDMENT NO. 58: Strike section 3142 (relating to international military education

and training assistance for Indonesia), and

insert the following new section:

SEC. 3142. TERMINATION OF ASSISTANCE FOR INDONESIA.

Funds made available for fiscal years 1996

and 1997 to carry out chapter 5 of part II of

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

2347 et seq.) may not be obligated for Indonesia.

H.R. 1561

OFFERED BY: MR. ROEMER

AMENDMENT NO. 59: At the end of title

XXVII of division B (relating to congressional statements), add the following new

section:

SEC. 2712. CONFLICT IN CHECHNYA.

(a) FINDINGS.—The Congress finds the following:

(1) Russian troops advanced into Chechnya

on December 10, 1994, and were met with

strong resistance from Chechen rebels who

have now moved to the Caucasus mountains

where they are engaging in what even the

most optimistic Russian military officers

predict will be a drawn-out guerrilla war.

(2) The cost of the Chechen battle is estimated to cost the Government of Russia at

least $2,000,000,000 and will further exacerbate the budget deficit of the Government of

Russia.

(3) The budget implications of the Chechen

battle may compel the International Monetary Fund, in which the United States is the

largest shareholder, to abandon its efforts to

assist Russia in transforming itself into a

free market economy.

(4) The United States has approved over

$2,400,000,000 in loan guarantees through the

Export-Import Bank of the United States

and the Overseas Private Investment Corporation.
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5481

(5) The United States has provided Russia

with significant direct assistance to promote

a free market economy, support democracy,

meet humanitarian needs, and dismantle nuclear weapons.

(b) DECLARATION OF POLICY.—The Congress

declares the following:

(1) United States investment in Russia has

been significant in promoting democracy and

stabilizing the economy of Russia and this

progress is imperiled and undermined by

Russia’s continued war with Chechnya.

(2) President Yeltsin has refused to negotiate an end to this crisis and this action illustrates an indifference to the economic implications the Chechen war would bring to

bear on the ability of Russia to fulfill its

commitments to the International Monetary

Fund, the Export-Import Bank of the United

States, and the Overseas Private Investment

Corporation.

(3) The involvement of Russia in Chechnya

shows an alarming disregard for abiding by

the principles of economic cooperation contained in the Partnership for Economic

Progress that were agreed upon in September 1994 during the United States-Russia

Washington Summit.

(4) In further contacts with President

Yeltsin, it is imperative that President Clinton request an immediate end to the war in

Chechnya.

H.R. 1561

OFFERED BY: MR. ROEMER

AMENDMENT NO. 60: In paragraph (3) of section 3221(a) (relating to authorization of appropriations for development assistance for

the independent states of the former Soviet

Union), strike ‘‘$643,000,000’’ and insert

‘‘$578,000,000’’ and strike ‘‘$650,000,000’’ and

insert ‘‘$585,000,000’’.

H.R. 1561

OFFERED BY: MR. ROHRABACHER

AMENDMENT NO. 61: At the end of title

XXXIII (relating to regional provisions), add

the following new sections:

SEC. 3314. ASSISTANCE FOR LAOS.

(a) It is the sense of Congress that—

(1) a permanent waiver on the prohibition

of foreign assistance for Laos should be

granted following the fullest possible accounting of all outstanding POW/MIA cases

involving Laos;

(2) the United States should continue to

improve its relationship with Laos as the

mutual cooperation between the two countries on POW/MIA issues improves;

(3) no Lao citizen or government official

should be held accountable by the United

States for activities involved in holding

America POW/MIAs if those citizens or officials cooperate with efforts to return such

POW/MIAs alive or to otherwise account for

such POW/MIAs;

(4) the future relationship of the United

States with Laos should be characterized by

economic cooperation and friendly diplomatic ties;

(5) such bilateral relationship will improve

as respect for human rights in Laos improves, including human rights for Hmong

people; and

(6) in the event an American POW/MIA is

returned alive from Laos, the United States

should view this action as a positive development and as strong incentive for the United

States to rapidly improve our economic and

diplomatic relationship with Laos.

(b) Notwithstanding section 620 of the Foreign Assistance Act of 1961 and any other

provision of law, foreign assistance may be

provided for Laos for fiscal years 1996 and

1997 only if the President determines and

certifies to the Congress that the Government of Laos is fully cooperating with the

United States on all outstanding POW/MIA

cases involving Laos.

H.R. 1561

OFFERED BY: MR. ROTH

AMENDMENT NO. 62: At the end of section

501 (relating to reorganization authority) insert the following new subsection:

(c) REDUCTION IN EXPENDITURES.—A reorganization plan pursuant to any title of this division shall provide for a one-third reduction

for the first full fiscal year after implementation of such plan in the total level of expenditures for the functions transferred to

the Department of State from amounts appropriated for such transferred functions for

fiscal year 1995.

H.R. 1561

OFFERED BY: MR. ROTH

AMENDMENT NO. 63: Add a new Section 2604

as follows:

‘‘The Secretary shall assess the impact of

the foreign policy of the United States on

the ability of United States entities engaged

in the manufacture, sale, distribution, or

provision of goods or services to compete in

foreign markets. The Secretary shall provide

such assessments annually to the Committee

on International Relations of the House of

Representatives and the Committee on Foreign Relations of the Senate and shall publish such assessments in the Federal Register.’’

H.R. 1561

OFFERED BY: MR. SANDERS

AMENDMENT NO. 64: Add the following at

the end of Division A:

TITLE VI—OVERSEAS PRIVATE

INVESTMENT CORPORATION

SEC. 601. ABOLITION OF OVERSEAS PRIVATE INVESTMENT CORPORATION.

(a) ABOLITION.—The Overseas Private Investment Corporation is abolished, effective

October 1, 1995.

(b) ADMINISTRATION OF EXISTING OBLIGATIONS.—The Secretary of State shall carry

out the functions performed on September

30, 1995, by the Overseas Private Investment

Corporation only for purposes of administering insurance, reinsurance, financing, and

other contracts or agreements issued or entered into by the Corporation that are effective on October 1, 1995. Such functions shall

terminate when all such insurance, reinsurance, financing, and other contracts or

agreements expire.

(c) TERMINATION OF PROVISIONS.—Title IV

of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 and following)

shall cease to be effective on October 1, 1995,

except that such title shall continue in effect

with respect to the functions performed by

the Secretary of State under subsection (b).

(d) TERMINATION OF AFFAIRS.—The Director

of the Office of Management and Budget

shall take the necessary steps to terminate

the affairs of the Overseas Private Investment Corporation.

H.R. 1561

OFFERED BY: MR. SAWYER

AMENDMENT NO. 65: At the end of title

XXVII (relating to congressional statements)

insert the following new section:

SEC. 2712. UNITED STATES DELEGATION TO THE

FOURTH WORLD CONFERENCE ON

WOMEN IN BEIJING.

It is the sense of the Congress that the

United States delegation to the Fourth

World Conference on Women should include

at least one representative of a United

States-based nongovernmental organization

representing Tibetan women.

H.R. 1561

OFFERED BY: MR. SAWYER

AMENDMENT NO. 66: At the end of chapter 6

of title XXXI (relating to other provisions of

defense and security assistance), add the following new section:

SEC. 3194. ANNUAL MILITARY ASSISTANCE REPORT.

The Foreign Assistance Act of 1961 is

amended by inserting after section 654 (22

U.S.C. 2414) the following new section:

‘‘SEC. 657. ANNUAL REPORT ON MILITARY ASSISTANCE AND MILITARY EXPORTS.

‘‘Not later than February 1 of each year,

the President shall transmit to the Congress

an annual report for the fiscal year ending

the previous September 30, showing the aggregate dollar value and quantity of defense

articles (including excess defense articles)

and defense services, and of military education and training, furnished by the United

States to each foreign country and international organization, by category, specifying whether they were furnished by grant

under chapter 2 or chapter 5 of part II of this

Act, by sale under chapter 2 of the Arms Export Control Act, by commercial sale licensed under section 38 of that Act, or by

any other authority.’’.

H.R. 1561

OFFERED BY: MRS. SCHROEDER

AMENDMENT NO. 67: Strike section 2252 (relating to persecution for resistance to coercive population control methods).

H.R. 1561

OFFERED BY: MRS. SCHROEDER

AMENDMENT NO. 68: In subsection (b) of section 3104 (relating to assistance for Egypt

under the Foreign Military Financing program), strike ‘‘The assistance’’ and insert

‘‘(1) The assistance’’ and add at the end of

such subsection (b) the following new paragraph:

(2)(A) Such assistance may be provided for

Egypt only if the President determines that

the Government of Egypt does not officially

sanction the practice of female genital mutilation.

(B) For purposes of this paragraph, the

term ‘‘female genital mutilation’’ means—

(i) the partial or total removal of the clito

ris;

(ii) the removal of the entire clitoris and

the cutting of the labia minora; or

(iii) the removal of all external genitalia

and the stitching together of the two sides of

the vulva.

In subsection (b) of section 3203 (relating to

assistance for Egypt under the economic support fund), strike ‘‘REQUIREMENT.—’’ and insert ‘‘REQUIREMENTS.—’’, strike ‘‘In exercising’’ and insert ‘‘(1) In exercising’’, and add

at the end the following new paragraph:

(2)(A) The assistance provided for Egypt

for each fiscal year under subsection (a) may

be provided only if the President determines

that the Government of Egypt does not officially sanction the practice of female genital

mutilation.

(B) For purposes of this paragraph, the

term ‘‘female genital mutilation’’ means—

(i) the partial or total removal of the clito

ris;

(ii) the removal of the entire clitoris and

the cutting of the labia minora; or

(iii) the removal of all external genitalia

and the stitching together of the two sides of

the vulva.

H.R. 1561

OFFERED BY: MR. SMITH OF NEW JERSEY

AMENDMENT NO. 69: In section 2102(b)(2)(C)

(relating to voluntary contributions for the

war crimes tribunal for the former Yugoslavia)—

(1) in the heading strike ‘‘FOR THE FORMER

YUGOSLAVIA’’;

(2) strike ‘‘budget for the tribunal’’ and insert ‘‘combined budgets for the tribunals’’;

and

(3) after ‘‘Yugoslavia’’ insert ‘‘and the

United Nations International Criminal Tribunal for Rwanda’’.
H 5482 CONGRESSIONAL RECORD — HOUSE May 23, 1995

H.R. 1561

OFFERED BY: MR. SOLOMON

AMENDMENT NO. 70: In section 2201, add the

following at the end:

(c) USE OF EARNINGS FROM FROZEN ASSETS

FOR PROGRAM.—

(1) AMOUNTS TO BE MADE AVAILABLE.—Up to

2 percent of the earnings accruing, during periods beginning October 1, 1995, on all assets

of foreign countries blocked by the President

pursuant to the International Emergency

Powers Act (50 U.S.C. 1701 and following)

shall be available, subject to appropriations

Acts, to carry out section 36 of the State Department Basic Authorities Act, as amended

by this section, except that the limitation

contained in subsection (d)(2) of such section

shall not apply to amounts made available

under this paragraph.

(2) CONTROL OF FUNDS BY THE PRESIDENT.—

The President is authorized and directed to

take possession and exercise full control of

so much of the earnings described in paragraph (1) as are made available under such

paragraph.

H.R. 1561

OFFERED BY: MR. TORRICELLI

AMENDMENT NO. 71: On page 326 of the committee substitute, after line 13 insert the following new section:

SEC. 3314. RESTRICTIONS ON ASSISTANCE FOR

GUATEMALA.

(a) RESTRICTION.—None of the funds authorized to be appropriated for grant assistance under section 23 of the Arms Export

Control Act (22 U.S.C. 2763; relating to foreign military financing) or for assistance

under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to international military education

and training) may be made available to the

Government of Guatemala unless the Secretary of State determines and certifies to

the appropriate congressional committees

that—

(1) substantial progress has been made in

the prosecution of all those responsible for

the human rights abuses against Michael

DeVine, Nicholas Blake, Griffin Davis,

Dianna Ortiz, Myrna Mack, and Efrain

Bamaca Velasquez;

(2) former Guatemalan Lieutenant Colonel

Carlos Rene Ochoa Ruiz, who is under indictment in the State of Florida for narcotics

trafficking, has been extradited to the United States; and

(3) substantial progress has been made in

the dismantling of the Voluntary Civil SelfDefense Committees, curbing their patrols,

and returning their weapons to the Guatemalan military.

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—For purposes of this section,

the term ‘‘appropriate congressional committees’’ means the Committee on International Relations and the Committee on

Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations

of the Senate.

H.R. 1561

OFFERED BY: MR. TRAFICANT

AMENDMENT NO. 72: After title XXXIV of

division C (relating to special authorities

and other provisions of foreign assistance authorizations), insert the following new title

(and redesignate the subsequent title accordingly):

TITLE XXXV—REDUCTION IN

AUTHORIZATIONS

SEC. 3501. REDUCTION IN AUTHORIZATIONS.

Notwithstanding the specific authorizations of appropriations in the preceding provisions of this division, each amount authorized to be appropriated for each of the fiscal

years 1996 and 1997 under this division or any

amendment made by this division (except for

chapters 3 and 4 of title XXXI and for chapters 6 and 7 of title XXXII) is hereby reduced

by 5 percent.

H.R. 1561

OFFERED BY: MR. TRAFICANT

AMENDMENT NO. 73: After title XXXIV of

division C (relating to special authorities

and other provisions of foreign assistance authorizations), insert the following new title

(and redesignate the subsequent title accordingly):

TITLE XXXV—REDUCTION IN

AUTHORIZATIONS

SEC. 3501. REDUCTION IN AUTHORIZATIONS.

Notwithstanding the specific authorizations of appropriations in the preceding provisions of this division, each amount authorized to be appropriated for each of the fiscal

years 1996 and 1997 under this division or any

amendment made by this division (except for

chapters 3 and 4 of title XXXI and for chapters 6 and 7 of title XXXII) is hereby reduced

by 10 percent.

H.R. 1561

OFFERED BY: MR. TRAFICANT

AMENDMENT NO. 74. At the end of chapter 2

of title XXXIV of division C (relating to special authorities and other provisions of foreign assistance authorizations), add the following new section:

SEC. 3420. LIMITATION ON PROCUREMENT OUTSIDE THE UNITED STATES.

Funds made available for assistance for fiscal years 1996 and 1997 under the Foreign Assistance Act of 1961, the Arms Export Control Act, or any other provision of law described in this division for which amounts

are authorized to be appropriated for such

fiscal years, may be used for procurement

outside the United States or less developed

countries only if—

(1) such funds are used for the procurement

of commodities or services, or defense articles or defense services, produced in the

country in which the assistance is to be provided, except that this paragraph only applies if procurement in that country would

cost less than procurement in the United

States or less developed countries;

(2) the provision of such assistance requires commodities or services, or defense

articles or defense services, of a type that

are not produced in, and available for purchase from, the United States, less developed

countries, or the country in which the assistance is to be provided; or

(3) the President determines on a case-bycase basis that procurement outside the

United States or less developed countries

would result in the more efficient use of

United States foreign assistance resources.

H.R. 1561

OFFERED BY: MR. UPTON

AMENDMENT NO. 75. At the end of chapter 3

of title XXII (relating to refugees and migration) insert the following new sections:

SEC. 2256. VIETNAM POW/MIA ASYLUM PROGRAM.

(a) ASYLUM FOR ELIGIBLE ALIENS.—The Attorney General shall grant asylum in the

United States to any alien described in subsection (b), upon the application of that

alien.

(b) ELIGIBILITY.—Asylum shall be granted

under subsection (a) to any alien (1) who is a

national of Laos, Vietnam, Cambodia, or

Burma, and (2) who, while acting other than

in an official or unofficial capacity on behalf

of any government or agency, personally delivers into the custody of the United States

Government a living Vietnam POW/MIA (or

participates in such a delivery).

(c) VIETNAM POW/MIA DEFINED.—

(1) For purposes of this section, the term

‘‘Vietnam POW/MIA’’ means an individual—

(A) who is a member of a uniformed service

(within the meaning of section 101(3) of title

37, United States Code) in a missing status

(as defined in section 551(2) of such title) as

a result of the Vietnam conflict, unless it is

official determined under section 552(c) of

such title that such individual is officially

absent from such individual’s post of duty

without authority; or

(B) who is an employee (as defined in section 5561(2) of title 5, United States Code) in

a missing status (as defined in section 5561(5)

of such title) as a result of the Vietnam conflict.

Such term does not include an individual

who the Secretary of Veterans Affairs determines remained in Vietnam, Laos, or Cambodia voluntarily.

(2) For purposes of paragraph (1)—

(A) the Vietnam conflict began on February 28, 1961, and ended on May 7, 1975; and

(B) an individual in a missing status shall

be considered to be in a missing status as a

result of the Vietnam conflict if immediately before that status began the individual—

(i) was performing service in Vietnam; or

(ii) was performing service in Southeast

Asia in direct support of military operations

in Vietnam.

SEC. 2257. KOREA POW/MIA ASYLUM PROGRAM.

(a) ASYLUM FOR ELIGIBLE ALIENS.—The Attorney General shall grant asylum in the

United States to any alien described in subsection (b), upon the application of that

alien.

(b) ELIGIBILITY.—Asylum shall be granted

under subsection (a) to any alien (1) who is a

national of North Korea, South Korea, or

China and (2) who, while acting other than in

an official or unofficial capacity on behalf of

any government or agency, personally delivers into the custody of the United States

Government a living Korea POW/MIA (or

participates in such a delivery).

(c) KOREA POW/MIA DEFINED.—

(1) For purposes of this section, the term

‘‘Korea POW/MIA’’ means an individual—

(A) who is a member of a uniformed service

(within the meaning of section 101(3) of title

37, United States Code) in a missing status

(as defined in section 551(2) of such title) as

a result of the Korean conflict, unless it is

officially determined under section 552(c) of

such title that such individual is officially

absent from such individual’s post of duty

without authority; or

(B) who is an employee (as defined in section 5561(2) of title 5, United States Code) in

a missing status (as defined in section 5561(5)

of such title) as a result of the Korean conflict.

Such term does not include an individual

who the Secretary of Veterans Affairs determines remained in North Korea, South

Korea, or China voluntarily.

(2) For purposes of paragraph (1)—

(A) the Korean conflict began on June 27,

1950, and ended on January 31, 1955; and

(B) an individual in a missing status shall

be considered to be in a missing status as a

result of the Korean conflict if immediately

before that status began the individual—

(i) was performing service in the Korean

peninsula ; or

(ii) was performing service in Asia in direct support of military operations in the

Korean peninsula.

H.R. 1561

OFFERED BY: MR. WYNN

AMENDMENT NO. 76: In section 2102(a) (relating to assessed contributions to international organizations) strike ‘‘$873,505,000

for the fiscal year 1996 and $867,050,000 for the
May 23, 1995 CONGRESSIONAL RECORD — HOUSE H 5483

fiscal year 1997’’ and insert ‘‘$861,505,000 for

the fiscal year 1996 and $852,050,000 for the

fiscal year 1997’’.

In section 3414 of the bill (in subsection (e)

of section 711 of the Foreign Assistance Act

of 1961)—

(1) in paragraph (1) of such subsection (e),

strike ‘‘$3,000,000’’ and insert ‘‘$15,000,000’’;

(2) redesignate paragraph (2) of such subsection as paragraph (3); and

(3) insert after paragraph (1) of such subsection the following new paragraph:

‘‘(2) USE OF AMOUNTS FOR LATIN AMERICA

AND THE CARIBBEAN.—Of the amounts authorized to be appropriated under paragraph (1)

for fiscal years 1996 and 1997, $12,000,000 for

each such fiscal year shall be made available

for the sale, reduction, and cancellation of

loans, or portions thereof, for countries in

Latin America and the Caribbean.

H.R. 1561

OFFERED BY: MR. WYNN

AMENDMENT NO. 77: In section 3414 of the

bill (in subsection (e) of section 711 of the

Foreign Assistance Act of 1961)—

(1) in paragraph (1) of such subsection (e),

strike ‘‘$3,000,000’’ and insert ‘‘$15,000,000’’;

(2) redesignate paragraph (2) of such subsection as paragraph (3); and

(3) insert after paragraph (1) of such subsection the following new paragraph:

‘‘(2) USE OF AMOUNTS FOR LATIN AMERICA

AND THE CARIBBEAN.—Of the amounts authorized to be appropriated under paragraph (1)

for fiscal years 1996 and 1997, $12,000,000 for

each such fiscal year shall be made available

for the sale, reduction, and cancellation of

loans, or portions thereof, for countries in

Latin America and the Caribbean.

H.R. 1561

OFFERED BY: MR. ZIMMER

AMENDMENT NO. 78: At the end of title

XXXIII (relating to regional provisions), add

the following new section:

SEC. 3314. PROHIBITION ON ECONOMIC ASSISTANCE, MILITARY ASSISTANCE OR

ARMS TRANSFERS TO THE GOVERNMENT OF MAURITANIA UNLESS APPROPRIATE ACTION IS TAKEN TO

ELIMINATE CHATTEL SLAVERY.

(a) PROHIBITION.—The President may not

provide economic assistance, military assistance or arms transfers to the Government of

Mauritania unless the President certifies to

the Congress that such Government has

taken appropriate action to eliminate chattel slavery in Mauritania, including—

(1) the enactment of anti-slavery laws that

provide appropriate punishment for violators

of such laws; and

(2) the rigorous enforcement of such laws.

(b) DEFINITIONS.—For purposes of this section, the following definitions apply:

(1) ECONOMIC ASSISTANCE.—The term ‘‘economic assistance’’ means any assistance

under part I of the Foreign Assistance Act of

1961 (22 U.S.C. 2151 et seq.) and any assistance under chapter 4 of part II of such Act

(22 U.S.C. 2346 et seq.) (relating to the economic support fund), except that such term

does not include humanitarian assistance.

(2) MILITARY ASSISTANCE OR ARMS TRANSFERS.—The term ‘‘military assistance or

arms transfers’’ means—

(A) assistance under chapter 2 of part II of

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

2311 et seq.) (relating to military assistance),

including the transfer of excess defense articles under sections 516 through 519 of that

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

(B) assistance under chapter 5 of part II of

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

2347 et seq.) (relating to international military education and training);

(C) assistance under the ‘‘Foreign Military

Financing Program’’ under section 23 of the

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

(D) the transfer of defense articles, defense

services, or design and construction services

under the Arms Export Control Act (22

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

and defense services licensed or approved for

export under section 38 of that Act (22 U.S.C.

2778).