H 5572 CONGRESSIONAL RECORD — HOUSE May 24, 1995

H.R. 1588: Mr. HOSTETTLER.

H.R. 1594: Mr. INGLIS of South Carolina and

Mr. HEFLEY.

H.R. 1595: Mr. HAYWORTH, Mr. DEUTSCH, Mr.

CHABOT, Mr. BUNN of Oregon, Ms. PRYCE, Mr.

FOX, Mr. CLYBURN, Mr. HOSTETTLER, Mr.

LATOURETTE, Mr. LAHOOD, Mr. ANDREWS, and

Mr. COBLE.

H.R. 1611: Mr. NEY.

H.R. 1662: Mr. RANGEL, Mr. HASTINGS of

Florida, Mr. YOUNG of Alaska, Mr. KENNEDY

of Rhode Island, Mr. BAKER of Louisiana, and

Mr. MOLLOHAN.

H. Con. Res. 42: Mr. MORAN and Mr. DOOLITTLE

Under clause 6 of rule XXIII, pro-

.

AMENDMENTS

fposed amendments were submitted as

follows:

H.R. 1561

OFFERED BY: MR. ANDREWS

AMENDMENT NO. 79: 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. BILBRAY

AMENDMENT NO. 80: Page 100, line 10, strike

‘‘$12,472,000’’ and insert ‘‘$21,958,000’’.

At the end of the bill, add the following:

DIVISION D—ADDITIONAL PROVISIONS

TITLE XLI—FOREIGN BUILDINGS

SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

Notwithstanding section 2101(a)(4), there

are authorized to be appropriated for ‘‘Acquisition and Maintenance of Buildings

Abroad’’, $367,274,000 for the fiscal year 1997.

H.R. 1561

OFFERED BY: MR. BURTON OF INDIANA

AMENDMENT NO. 81: In paragraph (1) of section 3309(b) (relating to the future of the

United States military presence in Panama)—

(1) in the matter preceding subparagraph

(A), strike ‘‘a new base rights’’ and insert

‘‘an’’; and

(2) strike subparagraph (B) and insert the

following new subparagraph:

(B) to ensure that the United States will be

able to act after December 31, 1999, to maintain the security of the Panama Canal and

guarantee its regular operation; and

H.R. 1561

OFFERED BY: MR. BURTON

AMENDMENT NO. 82: In paragraph (1) of section 3309(b) (relating to the future of the

United States military presence in Panama)—

(1) in the matter preceding subparagraph

(A), strike ‘‘a new base rights’’ and insert

‘‘an’’; and

(2) strike subparagraph (B) and insert the

following new subparagraph:

(B) to ensure that the United States will be

able to act after December 31, 1999, to maintain the security of the Panama Canal and

guarantee its regular operation, consistent

with the Panama Canal Treaty, the Treaty

Concerning the Permanent Neutrality and

Operation of the Panama Canal, and the resolutions of ratification thereto; and

H.R. 1561

OFFERED BY: MR. CHABOT

AMENDMENT NO. 83: At the end of the bill,

add the following:

DIVISION D—ADDITIONAL PROVISIONS

TITLE XLI—AUTHORIZATION OF

APPROPRIATIONS

SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.

(a) FOREIGN MILITARY FINANCING PROGRAM.—Notwithstanding section 3101 of this

Act, there are authorized to be appropriated

for grant assistance under section 23 of the

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

for the subsidy cost, as defined in section

502(5) of the Federal Credit Reform Act of

1990, of direct loans under such section—

(1) $3,274,440,000 for fiscal year 1996; and

(2) $3,216,020,000 for fiscal year 1997.

(b) ECONOMIC SUPPORT ASSISTANCE.—Notwithstanding section 3201 of this Act, section

532(a) of the Foreign Assistance Act of 1961

(22 U.S.C. 2346a(a)) is amended to read as follows:

‘‘(a) There are authorized to be appropriated to the President to carry out the purposes of this chapter $2,346,378,000 for fiscal

year 1996 and $2,238,478,000 for fiscal year

1997.’’.

(c) DEVELOPMENT FUND FOR AFRICA.—Notwithstanding paragraph (2) of section 3221(a)

of this Act, there are authorized to be appropriated $649,214,000 for fiscal year 1996 and

$634,214,000 for fiscal year 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. FILNER

AMENDMENT NO. 84: In section 2103(1)(A),

strike ‘‘$12,472,000’’ and insert ‘‘$19,372,000’’.

In section 2103(4), strike ‘‘$13,202,000’’ and

insert ‘‘$6,302,000’’.

H.R. 1561

OFFERED BY: MR. GILMAN

AMENDMENT NO. 85: Strike subsection 505(e)

and insert the following:

‘‘Section 505(e) AUTHORITY SUBJECT TO EXPRESS APPROPRIATION. The authority to

make voluntary separation incentive payments which is provided under this section

shall be effective for any fiscal year only to

the extent or in such amounts as provided in

advance for that express purpose in appropriation Act.’’

H.R. 1561

OFFERED BY: MR. GILMAN

AMENDMENT NO. 86: After section 510, insert

the following new section:

SEC. 511. TRANSFER OF FUNCTION.

Any determination as to whether a transfer of function, carried out under this Act,

constitutes a transfer of function for purposes of subchapter I of chapter 35 of title 5,

United States Code, shall be made without

regard to whether or not the function involved is identical to functions already being

performed by the receiving agency.

H.R. 1561

OFFERED BY: MR. HAMILTON

AMENDMENT NO. 87: On page 286 after line

19, amend the subsection ‘‘(e)’’ which would

be added to Section 222 of the Foreign Assistance Act of 1961, by adding at the end a new

sentence as follows:

‘‘The provisions of this subsection shall

not apply to guaranties which have been issued for the benefit of the Republic of South

Africa.’’

H.R. 1561

OFFERED BY: MR. HAMILTON

AMENDMENT NO. 88: At the end of the bill

add the following new chapter:

CHAPTER XXXVI—ADDITIONAL

PROVISIONS

SEC. 3601. ADDITIONAL AUTHORIZATIONS.

(a) Notwithstanding any other provision of

this Act, except for sections 2101(a)(3),

2101(a)(5), 2101(a)(6), 2102(e)(1), 2104(a), 2106(2),

2106(3)(B), 2106(3)(C), 2106(3)(D), 2106(3)(E),

2106(6), 2106(7), 3141, 3151, 3161, the following

amounts are authorized to be appropriated

for the specified programs and activities:

(1) $1,748,438,000 for each of the fiscal years

1996 and 1997 for ‘‘Diplomatic and Consular

Programs’’ of the Department of State.

(2) $372,480,000 for each of the fiscal years

1996 and 1997 for ‘‘Salaries and Expenses’’ of

the Department of State.

(3) $421,760,000 for each of the fiscal years

1996 and 1997 ‘‘Acquisition and Maintenance

of Buildings Abroad’’.

(4) $24,250,000 for each of the fiscal years

1996 and 1997 for ‘‘Office of the Inspector General’’ of the Department of State.

(5) $15,465,000 for each of the fiscal years

1996 and 1997 for ‘‘Payment to the American

Institute in Taiwan’’.

(6) $8,579,000 for each of the fiscal years 1996

and 1997 for ‘‘protection of Foreign Missions

and Officials’’.

(7) $934,057,000 for each of the fiscal years

1996 and 1997 for ‘‘Contributions to International Organizations’’.

(8) $425,000,000 for each of the fiscal years

1996 and 1997 for ‘‘Voluntary Contributions to

International Organizations’’.

(9) $533,304,000 for each of the fiscal years

1996 and 1997 for ‘‘Contributions for International Peacekeeping Activities’’.

(10) $100,000,000 for each of the fiscal years

1996 and 1997 for the Department of State to

carry out section 551 of Public Law 87–195.

(11) $13,858,000 for each of the fiscal years

1996 and 1997 for ‘‘International Boundary

and Water Commission, United States and

Mexico; Salaries and Expenses’’.

(12) $10,393,000 for each of the fiscal years

1996 and 1997 for ‘‘International Boundary

and Water Commission, United States and

Mexico; Construction’’.

(13) $740,000 for each of the fiscal years 1996

and 1997 for ‘‘International Boundary and

Water Commission, United States and Canada’’.

(14) $3,550,000 for each of the fiscal years

1996 and 1997 for ‘‘International Joint Commission’’.

(15) $14,669,000 for each of the fiscal years

1996 and 1997 for ‘‘International Fisheries

Commissions’’.

(16) $15,000,000 for each of the fiscal years

1996 and 1997 for ‘‘Asia Foundation’’.

(17) $496,002,000 for each of the fiscal years

1996 and 1997 for the purposes of section

2106(1) of this Act.

(18) $130,799,000 for each of the fiscal years

1996 and 1997 for the purposes of section

2106(3)(A) of this Act.

(19) $119,536,000 for each of the fiscal years

1996 and 1997 for the purposes of section

2106(3)(F) of this Act.
May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5573

(20) $395,340,000 for each of the fiscal years

1996 and 1997 for the purposes of section

2106(5) of this Act.

(21) $85,919,000 for each of the fiscal years

1996 and 1997 for the purposes of section

2106(5) of this Act.

(22) $4,300,000 for each of the fiscal years

1996 and 1997 for the purposes of section

2106(8) of this Act.

(23) $20,000,000 for each of the fiscal years

1996 and 1997 for the purposes of section

2106(9) of this Act.

(24) $76,300,000 for each of the fiscal years

1996 and 1997 to carry out the purposes of the

Arms Control and Disarmament Act.

(25) $3,351,910,000 for grant assistance under

section 23 of the Arms Export Control Act (22

U.S.C. 2763) and for the subsidy costs, as defined in section 502(5) of the Federal Credit

Reform Act of 1990, of direct loans under

such section.

(26) $2,504,300,000 for each of the fiscal years

1996 and 1997 to carry out chapter 5 of part II

of the Foreign Assistance Act of 1961.

(27) $1,300,000,000 for each of the fiscal years

1996 and 1997 to carry out sections 103

through 106 of the Foreign Assistance Act of

1961 (22 U.S.C. 2151a through 2151d).

(28) $802,000,000 for each of the fiscal years

1996 and 1997 to carry out programs under

chapter 11 of part I of the Foreign Assistance

Act of 1961 (22 U.S.C. 2295 et seq.).

(29) $788,000,000 for each of the fiscal years

1996 and 1997 to carry out programs under

chapter 11 of Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.).

(30) $480,000,000 for each of the fiscal years

1996 and 1997 for economic assistance for

Eastern Europe and the Baltic states under

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

2151 et seq.) and the Support for East European Democracy (SEED) Act of 1989.

(31) $31,760,000 for each of the fiscal years

1996 and 1997 to carry out section 401 of the

Foreign Assistance Act of 1969 (22 U.S.C.

290f).

(32) $17,405,000 for each of the fiscal years

1996 and 1997 to carry out the African Development Foundation Act (22 U.S.C. 290h et

seq.).

(33) $529,027,000 for each of the fiscal years

1996 and 1997 for necessary operating expenses of the agency primarily responsible

for administering part I of the Foreign Assistance Act of 1961 (other than the office of

the inspector general of such agency).

(34) $39,118,000 for each of the fiscal years

1996 and 1997 for necessary operating expenses of the office of the inspector general

of the agency primarily responsible for administering part I of the Foreign Assistance

Act of 1961.

(35) $50,000,000 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) Nothing in this section shall be construed to affect sections 3103, 3104, 3202, and

3203 of this Act.

SEC. 3602. AGGREGATE AUTHORIZATION OF APPROPRIATIONS.

Notwithstanding any other provision of

law, the aggregate authorization of appropriations provided for in this Act shall not

exceed $16,505,843,000 for fiscal years 1996 and

$15,395,362,000 for fiscal year 1997.

H.R. 1561

OFFERED BY: MR. HOKE

AMENDMENT NO. 89: Page 289, add the following after line 26 and redesignate the succeeding chapter accordingly:

CHAPTER 8—OVERSEAS PRIVATE

INVESTMENT CORPORATION

SEC. 3275. 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 $79,000,000 for fiscal year 1996. The

subsidy cost of such programs shall not be

separately designated for the independent

states of the former Soviet Union, or for any

other particular country or group of countries, but shall be combined for all countries.

The standards in effect on May 15, 1995, for

determining for which projects the Corporation should provide guaranties and loans in

countries other than the independent states

of the former Soviet Union shall apply to

projects in all countries. No net subsidy cost

of the investment guaranties and direct loan

programs may be incurred after September

30, 1998.’’.

SEC. 3276. STUDY ON PRIVATIZATION.

(a) STUDY AND REPORT.—The Overseas Private Investment Corporation shall conduct a

study on privatizing the activities of the

Corporation and, not later than 180 days

after the date of the enactment of this Act,

submit to the Congress a report on the

study.

(b) CONTENTS OF REPORT.—In the report

submitted under subsection (a), the Overseas

Private Investment Corporation shall set

forth the necessary steps to transfer to the

private sector all the evidences of ownership

of the Corporation with respect to the activities of the Corporation, whether through the

sale of the Corporation’s stock, contracts,

leases, or other agreements or rights, or otherwise. The process of privatization described in the preceding sentence shall be

prudent and orderly, shall maximize the

value to United States taxpayers, shall proceed as quickly as market conditions permit,

through a limited transition period, and

shall be completed by a date certain. The report shall outline a privatization plan which,

at a minimum—

(1) specifies the date certain for completion of the privatization process that begins

not later than 1 year after the report is submitted;

(2) ensures that any transitional United

States Government support before the completion of the privatization process involves

no net cost to the United States Government;

(3) provides for the sale or other transfer of

the existing portfolio and reserves of the

Overseas Private Investment Corporation;

and

(4) retains, during the transition period,

the agreements entered into with foreign

countries under section 237(a) of the Foreign

Assistance Act of 1961.

SEC. 3277. REPEAL.

Effective on the date certain that is specified under section 3276(b)(1), 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.

H.R. 1561

OFFERED BY: MS. JACKSON-LEE

AMENDMENT NO. 90: on page 260, line 24,

strike ‘‘$2,000,000’’ and insert in lieu thereof

‘‘$2,500,000’’.

H.R. 1561

OFFERED BY: MS. JACKSON-LEE

AMENDMENT NO. 91: on page 265, line 10,

strike ‘‘$5,000,000’’ and insert in lieu thereof

‘‘$6,500,000’’.

H.R. 1561

OFFERED BY: MR. MICA

AMENDMENT NO. 92: page 75, lines 6 through

22, and insert the following:

separates from service with the agency during the period beginning on the date on

which the offer is made for a voluntary separation incentive payment under this section

and the last day of the second quarter of the

fiscal year in which the offer is made.

(d) PERIOD OF AUTHORITY.—The head of an

agency shall have authority to authorize

payment of voluntary separation incentive

payments under this section for a 60-day period beginning on the 61st day after the date

on which the President transmits to the appropriate congressional committees the applicable reorganization plan for the agency

under section 221, 321, or 421.

H.R. 1561

OFFERED BY: MR. MICA

AMENDMENT NO. 93:

SEC. 2106. UNITED STATES INFORMATIONAL,

EDUCATIONAL, AND CULTURAL PROGRAMS.

Page 105, strike lines 20 through 23.

SEC. 3212. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS.

Page 260, line 24, strike ‘‘$2,000,000’’ and insert ‘‘$2,800,000’’.

H.R. 1561

OFFERED BY: MRS. MORELLA

AMENDMENT NO. 94: Page 196, after line 2,

insert the followng new section:

SEC. 2712. REGARDING THE GUATEMALAN PEACE

PROCESS AND THE NEED FOR

GREATER PROTECTION OF HUMAN

RIGHTS IN GUATEMALA.

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

(1) Formal negotiations to bring an end to

the 34-year armed conflict in Guatemala and

to establish conditions for democracy in

Guatemala were resumed in January 1994

under United Nations mediation between the

Government of Guatemala and the armed opposition, the Guatemalan National Revolutionary Union (URNG).

(2) These negotiations have resulted in the

signing of a series of landmark accords on

human rights, the establishment of a Commission for the Historical Clarification of

Human Rights Violations, the resettlement

of displaced populations, indigenous rights

and identity, and other issues, and are expected to lead to the signing of further accords and a final comprehensive accord in

the near future.

(3) The government and the Guatemalan

National Revolutionary Union (URNG)

agreed in the human rights accord signed on

March 29, 1994, that ‘‘[t]he Government shall

not sponsor the adoption of legislative or

any other type of measures designed to prevent the prosecution and punishment of persons responsible for human rights violations’’.

(4) The United Nations Mission for the Verification of Human Rights and of Compliance

with the Commitments of the Comprehensive Agreement on Human Rights in Guatemala (MINUGUA) established under the

Global Human Rights Accord to monitor

compliance with that agreement began operations across Guatemala in November 1994

and released its first report in March 1995.

(5) MINUGUA reports that in Guatemala

there have been numerous violations of the

right to life, and that the vast majority of

cases involving death have not been adequately investigated or resolved by the competent Guatemalan authorities.

(6) MINUGUA reports that the Guatemalan

Government has not adequately guaranteed

the right to be free from torture or other

cruel, inhuman, or degrading treatment, and

that no information exists to demonstrate

that such cases in which the involvement of

military and police officers has been verified

have been investigated in depth or that the

guilty parties have been prosecuted.

(7) MINUGUA reports that Guatemala has

made no progress in the investigation of
H 5574 CONGRESSIONAL RECORD — HOUSE May 24, 1995

criminal acts alleged to constitute human

rights violations, and that specific actions

and inquiries which could and should have

been undertaken promptly were not carried

out.

(8) MINUGUA has observed numerous, persistent serious human rights violations to

which, in nearly every case, there has been

no response from competent Guatemalan authorities.

(9) Systematic human rights violations are

committed with impunity against Guatemalan civilians, especially members of the

indigenous population, by members of government security forces and by the Civil

Self-Defense Patrols acting under their authority.

(10) Human rights abuses that endanger

and intimidate judicial authorities, human

rights activists, and public figures continue

to occur, such as the killing of Guatemala’s

Constitutional Court President Epaminondas

Gonzalez Dubon on April 1, 1994, civil patrollers firing on a group of peaceful human

rights demonstrators in Colotenango on August 3, 1993, the killing of former presidential

candidate Jorge Carpio Nicolle on July 3,

1993, the killing of Chimaltenango district

court judge Edgar Ramiro Elias Ogaldez on

August 20, 1994, the kidnapping on August 29,

1994, of police agent Miguel Manolo Pacheco,

who was assigned to protect appeals court

judge Maria Eugenia Villasenor, and the October 14, 1994, murder of police agent Cesar

Augusto Medina.

(11) The Organization of American States

has found that the Civil Self-Defense Patrols

are a ‘‘source of human rights violations’’

and should be ‘‘disbanded or reorganized’’.

(12) The Organization of American States

has found that in Guatemala there have been

serious ‘‘cases of arbitrary arrest, illegitimate deprivation of liberty, isolation, and

torture and execution without trial’’ of individuals, including Efrain Bamaca, the husband of United States citizen Jennifer

Harbury, and other members of the Guatemalan National Revolutionary Union who

are held by various government security

forces.

(13) The Organization of American States

has determined that the Communities of

Populations in Resistance, which have been

harassed and attacked by government armed

forces and the Civil Self-Defense Patrols, are

civilian communities.

(14) The Organization of American States

has called on the Government of Guatemala

to ‘‘take a clear stand on the grave problems

that obstruct the full observance of human

rights, set well defined goals, and schedule

policies for attaining them’’.

(15) The security of repatriated refugees in

Guatemala and of internally displaced civilians, including the Communities of Populations in Resistance, remains at risk due to

continued military intimidation and harassment, and their reintegration into Guatemalan society has been hampered by inadequate access to land and other productive

resources.

(16) There has been insufficient progress in

bringing to justice all of those responsible

for the murders of United States citizens Michael DeVine, Griffin Davis, and Nicholas

Blake, the abduction and torture of United

States citizen Dianna Ortiz, the attempted

murder of United States citizen Meredith

Larson, the murder of guerrilla comandante

Efrain Bamaca Velazquez (the husband of

United States citizen Jennifer Harbury), and

the murders of the following Guatemalan

citizens: anthropologist Myrna Mack Chang,

politician Jorge Carpio Nicolle, Constitutional Court President Epaminondas Gonzalez Dubon, and victims of the Colotenango

massacre perpetrated by Civil Self-Defense

Patrols.

(17) Recent reports and congressional hearings have established that United States

agencies hold information concerning the

role of individual Guatemalan military officers in several human rights cases in which

the United States and the Congress have expressed longstanding concern, including the

cases of Michael DeVine and Efrain Bamaca.

(18) Eyewitness testimony presented to the

Inter-American Commission on Human

Rights has implicated nine Guatemalan military officers in the clandestine detention and

torture of Efrain Bamaca.

(19) The United States Embassy and Honduras threatened to revoke the visas of all

possible witnesses to the December 1994

shooting of an American citizen in

Tegucigalpa when they refused to provide information on the crime.

(20) Congressional hearings have established that covert actions taken by the

Central Intelligence Agency were in direct

contradiction of officially articulated United

States policy toward Guatemala.

(21) Guatemala has failed to extradite

Colonel Carlos Rene Ochoa Ruiz, under indictment in Tampa for drug-trafficking, in

spite of the official request from the United

States Government.

(22) The Guatemalan National Revolutionary Union has engaged in violations of the

laws of war, including the assassination of

military commissioner Teofilo Lopez

Castillo, firing on a bus filled with civilians

which ran a roadblock in Chupol, and the recruitment of child soldiers.

(23) MINUGUA has called on the URNG to

stop the destruction, and threatened destruction, of installations on rural estates, to refrain from sabotaging electric power pylons,

and to prevent retaliatory attacks against

civilian persons or property.

(b) DECLARATION OF CONGRESS.—The Congress—

(1) commends the President of Guatemala,

Ramiro de Leon Carpio, and the leaders of

the Guatemalan National Revolutionary

Union for establishing a framework for formal negotiations, and for reaching agreement on several important accords in these

negotiations, which, under the mediation of

the United Nations, are designed to bring an

end to more than 30 years of internal armed

conflict and set Guatemala on the road to

democracy;

(2) commends the leaders of the various

segments of civilian society for their role in

articulating the concerns of all sectors of

Guatemalan society and for bringing critical

issues onto the agenda of the peace negotiations;

(3) calls on President de Leon Carpio and

all parties in the negotiation process to proceed in the spirit of the Oslo Accords to

achieve peace by political means, to the end

that a final, binding, and verifiable agreement will be attained at the earliest possible

date;

(4) calls on the Group of Friends of the

peace negotiations (Colombia, Mexico,

Spain, Venezuela, Norway, and the United

States) to continue and intensify their support of the peace negotiations through diplomatic initiatives and dialogue with all parties;

(5) calls on President de Leon Carpio to immediately develop a measurable and substantive plan to end grave human rights

abuses, in compliance with internationally

recognized human rights standards, Guatemala’s national Constitution, and the recommendations of MINUGUA, the United Nations Independent Human Rights Expert for

Guatemala, and the Inter-American Commission on Human Rights, a part of the Organization of the American States;

(6) calls on President de Leon Carpio, as a

sign of good faith and a contribution to

peace, to immediately disband the Civil SelfDefense Patrols, which are one of the major

sources of human rights violations in Guatemala, and to cancel plans to convert these

patrols to ‘‘Peace and Development Committees’’;

(7) calls on the Guatemalan Government to

ensure that any amnesty promulgated to

allow the URNG to be reintegrated as a political party cover only crimes against the

state and not human rights violations;

(8) calls on President de Leon Carpio to ensure the safety and complete return and

reintegration of Guatemalan refugees in

Mexico, in full compliance with the Accord

of the Permanent Commissions of the Guatemalan Refugees in Mexico and the Government of the Republic of Guatemala, signed in

Guatemala on October 8, 1992, that determines the conditions and understandings

under which certain Guatemalan refugees

may be repatriated;

(9) calls on President de Leon Carpio to

recognize the civilian character of the Communities of Populations in Resistance, ensuring their security and their right to

peaceful integration into Guatemalan society with the full exercise of rights and liberties guaranteed under Guatemala’s national Constitution;

(10) calls on the United States executive

branch to allocate sufficient funding for a

transition to peace fund for Guatemala,

which should include all of the military aid

frozen in the pipeline since 1990 and should

be supplemented with additional resources,

to be used to finance the United Nations Verification Mission and to implement other

peace accord implementation programs as

they are determined;

(11) calls on the executive branch of the

United States Government to undertake

every effort to assure that no foreign assistance provided to the Government of Guatemala is made available to ‘‘Peace and Development Committees’’ which have been created from transformed civil patrols;

(12) calls on the executive branch of the

United States Government to condition all

assistance to Guatemala, with the exception

of humanitarian assistance, development assistance, and Administration of Justice assistance, on—

(A) full compliance with MINUGUA recommendations and the recommended precautionary measures of the Inter-American

Commission on Human Rights, including resolution of concerns involving clandestine

prisons;

(B) progress in the continuation of the

peace process;

(C) substantive improvement in the protection of human rights;

(D) the dissolution of the Civil Self-Defense Patrols;

(E) the guaranteed safety of refugees, returnees, and the internally displaced;

(F) verifiable resolution of the DeVine,

Ortiz, Davis, Blake, Larson, Bamaca, Mack,

Carpio, Gonzalez Dubon, Elias Ogaldez,

Pacheco, Medina, and Colotenango cases;

(G) the strengthening of the various segments of civilian society, which are essential

to the establishment of genuine democracy

in Guatemala; and

(H) extradition of Guatemalan Colonel Carlos Rene Ochoa Ruiz;

(13) urges the executive branch, in its efforts to achieve the goals listed in paragraph

12, to also consider termination of Caminos

Fuertes civic action program, and the licensing of private arms sales and the sale of excess defense articles;

(14) calls on the executive branch to immediately suspend the visas of any Guatemalan

military officer implicated in human rights

abuses, drug-trafficking, and other crimes

until these cases have been adjudicated to

the satisfaction of the Secretary of State;
May 24, 1995 CONGRESSIONAL RECORD — HOUSE H 5575

(15) calls on the executive branch to permanently cancel the visas of Guatemalan

military officers implicated in human rights

violations or other criminal activity if the

judicial process related to such activity is

disrupted by threats or acts of intimidation

against police investigators, prosecutors,

judges, witnesses, or their families;

(16) calls on the executive branch to permanently cancel the visas of Guatemalan

military officers and those of their immediate family if the threats or acts in section

15 are carried out;

(17) calls on the executive branch to comply as fully and as expeditiously as possible

with freedom of information act requests

dealing with human rights cases in Guatemala, beginning with those that have already been filed by Jennifer Harbury and

Dianna Ortiz;

(18) calls on the Administration to support

the work of the Commission on the Clarification of the Past by moving to review for declassification in an expedited manner all

United States Government records pertaining to human rights violations in Guatemala; and

(19) calls on the administration to assure

that no covert action undertaken in Guatemala contradicts publicly stated policy unless the President signs a finding authorizing

such activity and fully informs the appropriate congressional committees of the action authorized and the reasons for the authorization.

H.R. 1561

OFFERED BY: MR. ROEMER

AMENDMENT NO. 95: 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’’.

H.R. 1561

OFFERED BY: MRS. SCHROEDER

AMENDMENT NO. 96: At the appropriate

place, insert the following:

Whereas, female genital mutilation is a

violation of women’s basic human rights;

and

Whereas, female genital mutilation constitutes a major health risk to women, with

lifelong physical and psychological consequences; and

Whereas, female genital mutilation should

not be condoned by any government;

It is the sense of Congress that:

The President seek to end the practice of

female genital mutilation worldwide through

the active cooperation and participation of

governments in whose nations female genital

mutilation takes place. Steps to end the

practice of female genital mutilation shall

include:

(1) encouraging nations to establish clear

policies against female genital mutilation,

and enforcing existing laws which prohibit

it; and

(2) assisting nations in creating culturally

appropriate outreach programs that include

education and counseling about the dangers

of female genital mutilation for women and

men of all ages; and

(3) ensuring that all appropriate programs

in which the U.S. participates includes a

component pertaining to female genital mutilation, so as to ensure consistency across

the spectrum of health and child related programs conducted in any country in which female genital mutilation is known to be a

problem.

H.R. 1561

OFFERED BY: MR. SMITH OF TEXAS

AMENDMENT NO. 97: In section 2252 (relating

to persecution for resistance to coercive population control methods)—

(1) insert ‘‘(a) DEFINTION OF REFUGEE.—’’

before ‘‘Section’’; and

(2) add at the end the following new subsection:

(b) NUMERICAL LIMITATION ON ASYLUM.—

Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding

at the end the following new subsection:

‘‘(f) Notwithstanding any other provision

of law or of this Act, for any fiscal year not

more than 2,000 aliens may be granted asylum on the basis of a determination pursuant

to the third sentence of section 101(a)(42) (relating to persecution for resistance to coercive population control methods).’’.

H.R. 1561

OFFERED BY: MR. TRAFICANT

AMENDMENT NO. 98: At the end of title

XXVII (relating to congressional statements), add the following new section:

SEC. 2712. SENSE OF THE CONGRESS REGARDING

SYRIAN OCCUPATION OF LEBANON.

It is the sense of the Congress that—

(1) the Government of Syria should honor

the Taif Agreement and withdraw all of its

troops from Lebanon;

(2) the United States should take every action feasible through the United Nations to

encourage the Government of Syria to withdraw all of its troops from Lebanon not later

than 6 months after the date of the enactment of this Act; and

(3) the Secretary of State should report to

the Congress, not later than 6 months after

the date of the enactment of this Act, as to

the actions the United States has taken to

effect a withdrawal of all Syrian troops from

Lebanon.

H.R. 1561

OFFERED BY: MR. TRAFICANT

AMENDMENT NO. 99: 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, 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;

(3) the Congress has specifically authorized

procurement outside the United States or

less developed countries; or

(4) 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. WAMP

AMENDMENT NO. 100: Strike subsection (a)

of section 3204 (relating to funding for the

International Fund for Ireland).

Strike section 3221 (relating to authorization of appropriations for development assistance authorities).